Policy Matters: Primers and Insights

Helping you navigate policy frameworks critical to higher education in the United States

As institutions of higher education continue to innovate with online courses and professional continuing education programs, having a general understanding of the regulatory landscape that such initiatives are subject to is critical to their long-term success. These resources provide an introduction to foundational topics in federal legislation and regulations impacting online and professional continuing education for universities and colleges.

Introduction to the Online Learning Regulatory Landscape

How the “Regulatory Triad” Applies to Online and Interstate Learning Experiences.

As institutions of higher education continue to innovate with online courses and programs, having a general understanding of the regulatory landscape that such initiatives are subject to is critical to their long-term success. The geographic reach of these programs (e.g., whether offered only in the institution’s home state, nationally, or internationally) can introduce new jurisdictions beyond what the institution may have explored for any in-person program. Moreover, online programs can be subject to a variety of additional definitions, regulations, and expectations from enforcement agencies and accreditors that are unique to the instructional modality regardless of where such programs are being offered. 

This resource provides an introduction to foundational topics for online education regulatory compliance in the United States.

Access our Introduction to the Online Learning Regulatory Landscape: Brief and Primer

An Introduction to Negotiated Rulemaking for Higher Education

How stakeholders come together with the federal government to influence, and provide expertise on, the implementation and execution of regulations.

Negotiated Rulemaking (Neg Reg) is a process used by the U.S. Department of Education to develop federal regulations for implementing the Higher Education Act (HEA), a law that governs federal higher education programs, including federal financial aid. This process is particularly important for regulations under Title IV (federal financial aid) and teacher quality enhancement. Unlike other federal agencies, the Department of Education frequently uses Neg Reg, though the Education Secretary can waive this requirement in certain situations. This process is crucial for higher education institutions, as it regularly creates regulations that impact their operations. Non-compliance with these regulations can lead to penalties like fees, reimbursement of student tuition, or ineligibility for Title IV funds.

Access our Introduction to Negotiated Rulemaking for Higher Education: Brief and Primer

Policy Matters: Newsletter

As a compliment to our Policy Matters: Briefs and Insights, you can also keep up to date on the latest through our monthly Policy Matters Newsletter.

Below you can find the latest versions of the newsletter. You can also find a full archive of the Newsletter found here.

Tax Reform – UPCEA signs Letter Against Higher Education Cuts

UPCEA joined with ACE and 44 other higher education associations to send this letter to House Ways and Means Committee Chairman Kevin Brady (R-TX) and Ranking Member Richard Neal (D-MA) on the higher education provisions in the Tax Cuts and Jobs Act (H.R. 1). The groups write that this legislation, taken in its entirety, would…

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UPCEA Addresses Trump Administration on DACA

UPCEA joined with HACU (Hispanic Association of Colleges and Universities) and ACE (American Council on Education) along with other organizations to retain protections for those who are part of the DACA (Deferred Action for Childhood Arrivals) program until longer term solutions can be put into place. The letters call for the program to be retained…

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US Department of Education Delays Gainful Employment Rule to 2018

On the eve of the proposed date of implementation, the US Department of Education has delayed the Gainful Employment regulations until July 1, 2018, stating this is part of a fulfillment on their promise of reducing burdensome regulation. A federal register notice was issued announcing the delay. This delay will allow for institutions to have…

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