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.
UPCEA Joins 46 Other Associations on Letter to Secretary of Homeland Security John Kelly On Immigration Executive Order
UPCEA and 46 other higher education associations sent a letter to Secretary of Homeland Security John F. Kelly on maintaining the United States as the destination of choice for the world’s best students, faculty and scholars. The letter was written in response to President Donald J. Trump’s executive order, “Protecting the Nation From Foreign Terrorist…
Read MoreDepartment Announces Final Rule on State Authorization
On December 19th, the U.S. Department of Education released final regulations to improve oversight and protect more than 5.5 million distance education students at degree-granting institutions including nearly 3 million exclusively online students by clarifying the state authorization requirements for postsecondary distance education. To ensure that institutions offering distance education are legally authorized and monitored…
Read MoreDepartment Publishes Borrower Defense to Repayment Regulations
On November 1, 2016, the U.S. Department of Education announced final regulations to protect student borrowers against misleading and predatory practices by postsecondary institutions and clarify a process for loan forgiveness in cases of institutional misconduct. According to the Department: The final regulations include key provisions from the proposed regulations that will protect the rights of…
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