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.

Congressional Members Request Information from Department on OPM Revenue Sharing | Policy Matters (December 2022)

Major Updates Congressional Members Request Information from Department on OPM Revenue Sharing Following previous congressional outreach on the matter, a new letter to Secretary Cardona from Senators Murray, Warren, Smith, and House members Scott and DeLauro as been issued. It highlighted again the increased pressure from congress since the Government Accountability Office (GAO) earlier this…

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Department of Education Releases Final Rules on 90/10 Rule, Incarcerated Individuals, Borrower Defense, Debt Relief Programs, Among Others | Policy Matters (October 2022)

Major Updates Submission Form for Federal Student Loan Forgiveness Opens; Accepting Applications Through End of 2023 The application for federal student loan forgiveness for up to $20,000 for eligible individuals opened earlier this month. Though the deadline to submit for forgiveness is December 31, 2023, student loan borrowers are encouraged to submit prior to November…

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National Student Parent Month Declared September 2022 | Policy Matters

Major Updates   Public Comment Open on WIOA Indicator of Performance: Effectiveness in Serving Employers The Workforce Innovation and Opportunity Act (WIOA) legislation denotes that the programs that are part of the bill be measured by six primary indicators of performance. Current regulations define only five of the six indicators. Previously, the Department of Labor…

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