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 Multiple Distance Ed Orgs to Offer State Authorization Comments
UPCEA co-signed, with a coalition of other organizations with a direct interest in distance education, a letter commenting on the Department of Education’s proposed regulations on state authorization. UPCEA joined along with five other non-profit organizations garnering a collective total of more than 1,000 institutions innovating in offering distance education, the leading organization in higher…
Read MoreDepartment of Education Releases Proposed Rules on State Authorization
The Department of Education released Friday July 22 their proposed regulations on State Authorization, following an earlier failure to reach consensus as part of negotiated rule making. State authorization for distance education — the proposed regulation for institutions administering a program in which a distance or online education student is present in another state. The administration has proposed…
Read MoreED Issues Proposed Rules on Borrower Defense to Repayment
The Department of Education has released proposed regulations on Borrower Defense to Repayment, a mechanism which would allow any student who believe they were defrauded at their school or the school violated state law, to file a claim with the Department of Education for discharging their loans. These proposed rules have come from the Department…
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