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: Primer and Insights
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: Primer and Insights
Digital Accessibility Requirements for Online Learning
How Disability Anti-Discrimination Laws Impact Online Courses and Programs
Across UPCEA’s membership and higher education more broadly, every individual plays an important role in fostering inclusive environments. As we increasingly rely on digital technologies to enhance learning and streamline operations, it becomes imperative to ensure that our websites, software, and course content are accessible to all, regardless of ability. This resource details digital accessibility requirements primarily from a legal perspective. However, it is ultimately intended to serve as a more foundational resource to help those working in a wide range of roles to both support risk mitigation efforts and implement appropriate measures to create a more inclusive online learning landscape.
Access our Digital Accessibility Requirements for Online Learning: Primer and Insights
Marketing Considerations Through the Lens of Regulations, Policies and Compliance
Introductions and Strategies to Navigating Federal Regulations for Marketing in Online and Professional Higher Education
This guide provides an introduction to regulations that can impact marketing in online and professional education. It provides key insights on compliance essentials, as well as highlights the risks of noncompliance and strategies for navigating these laws and regulations. Whether you want to assess or refine existing campaigns or launching new initiatives, this resource is designed to help ensure your marketing practices are transparent, effective, and aligned with regulatory requirements. Explore it now to boost your compliance and marketing success!
Policy Matters: Newsletter
As a compliment to our Policy Matters: Primers 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.
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…
Read MoreNational 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…
Read MoreBiden Administration Announces Long-Awaited Student Debt Forgiveness, Signals End of Student Loan Payment Pause | Policy Matters (August 2022)
Major Updates Biden Administration Announces Long-Awaited Student Debt Forgiveness, Signals End of Student Loan Payment Pause After years of anticipation, the Biden Administration rolled out its student debt forgiveness and repayment package. While the $10,000 in forgiveness for any individual making less than $125k per year (or $250k jointly) which was included in the final…
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