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.
ED to Delay and Clarify Third-Party Servicer Guidance | Policy Matters (April 2023)
Major Updates ED Announces Intent to Rework Third-Party Servicer Guidance, Clarify Scope, Remove International Ban and Delay Deadline In a blog post the Undersecretary of Postsecondary Education, James Kvaal, provided updates on the recent Third-Party Servicer guidance. While they are still reviewing the more than 1,000 public comments, Undersecretary Kvaal writes the Department will update…
Read MoreUS Department of Education Announces Hearings on Higher Education Rulemaking; Secret Shopping of Institutions | Policy Matters (March 2023)
Major Updates Deadline March 30: Public Comment on Third Party Servicers – Institutional Members Encouraged to Weigh In The Department has updated Third-Party Servicer guidance to clarify when a servicer is considered as such, and would be privy to additional data and regulation with compliance for federal rules and regulations. The definitions have been…
Read MoreIMPORTANT UPDATES – Third-Party Servicer and Recruitment Compensation Updates from US Department of Education | Policy Matters (February 2023)
Major Updates NOTE: This post has been updated since its original publishing to include extended deadlines provided by the Department of Education. Some substantial items for UPCEA members to review from the US Department of Education were announced last week. The long-expected Dear Colleague Letter (DCL) on Third-Party Servicers (TPS) and public comment periods on…
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