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.
US Department of Education Seeks Input on How to Reduce Reporting Burdens | Policy Matters (July 2023)
Major Updates US Department of Education Seeks Input on How to Reduce Reporting Burdens Comment Deadline: August 14 “The U.S. Department of Education (Department) is seeking comments from the public on how it can reduce the burden associated with its information collection requests (ICRs) on State, local, territorial, and Tribal governments, educational institutions, nonprofits, and…
Read MoreAffirmative Action and Student Debt Forgiveness Program Blocked by Supreme Court | Policy Matters (June 2023)
Major Updates Supreme Court Strikes Down Race-Based Admissions for Colleges and Universities On Thursday, June 29th, the Supreme Court rejected the constitutionality of race-based admissions within two cases involving Harvard University and the University of North Carolina. Stating that the affirmative action admissions practices are unlawful, the Court has decided that these sorts of targeted…
Read MoreED Releases Proposed Gainful Employment, Certification Procedures, HEERF, and Second Chance Pell; Public Comments Open With Multiple Deadlines | Policy Matters (May 2023)
Major Updates Department of Education Releases Proposed Gainful Employment, Financial Responsibility, Administrative Capability, Certification Procedures, and Ability-to-Benefit Regulations – Public Comment Due June 20 The Department of Education has released the long-anticipated retooling of the Gainful Employment (GE) rule following work during the 2021-2022 Negotiated Rulemaking. Current law requires that certificate programs at all institutions…
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