Proposed Distance Education Rules Are Now Likely To Be Finalized Before the End of the Current Presidential Term

On December 30, the U.S. Department of Education (Department) shared the final, unofficial version of its new program integrity and distance education regulations, which call for the collection of new but yet-to-be-established distance education and correspondence course enrollment data reporting categories with obligations for institutions set to begin on July 1, 2027. Other provisions included in these rules, such as the addition of a “distance education course” definition, are scheduled to take effect on July 1, 2026. While the Department’s Notice of Proposed Rulemaking associated with these rules had initially included proposals to remove Title IV eligibility from asynchronous clock hours programs, establish “virtual locations,” and require institutions to take attendance for all distance education courses through documenting instances of academic engagement, each of these more significant proposals were removed from the final version.

Meanwhile, on December 24, the Department also announced that it has terminated what had been ongoing rulemaking efforts concerning “State Authorization” (e.g., placing a number of restrictions on state authorization reciprocity agreements), “Cash Management,” and “Accreditation and Related Issues.” These topics were negotiated during the same rulemaking sessions that culminated in the final regulations described above. A proposed rule on these remaining topics was never released, however. Now, these specific topics have been withdrawn from further rulemaking efforts for the foreseeable future.

• For more information on these proposed rules and other recent policy changes facing UPCEA members, check out our recent webinar recording: New Rules, New Realities: Understanding the Distance Education Landscape.

 

Higher ed groups ask for delayed gainful employment, financial value transparency deadline (Higher Ed Dive)

“Fifty higher education groups on Friday urged the U.S. Department of Education to further delay the reporting deadline for the new gainful employment and financial value transparency regulations. Colleges have until Jan. 15 to meet the reporting deadline for the new regulations, a date the Education Department has already moved back twice after releasing rules last year. The gainful employment rule requires career training programs to prove their graduates earn enough to pay off their federal loans and meet certain earnings thresholds — or else risk losing access to Title IV federal financial aid.” Read more.

• Colleges Urge Education Department to Delay Gainful Employment… Again (Inside Higher Ed)
• Read the full letter submitted to Secretary Cardona from UPCEA, ACE, and other groups

 

Walberg Chosen to Lead House Ed Committee (Inside Higher Ed)

“Representative Tim Walberg, a Michigan Republican, has been selected to chair the House Committee on Education and the Workforce, picking up the gavel for the 119th Congress from longtime committee leader Virginia Foxx of North Carolina. […] In an interview with Politico, the representative said he wants to bolster school choice, make college more affordable, boost apprenticeships and internships, pass a bipartisan short-term Pell Grant bill for workforce training programs, and reauthorize the Workforce Innovation and Opportunity Act, which governs workforce development programs.” Read more.

 

Biden Signs FAFSA Deadline Act into Law, Making October 1 the Official FAFSA Launch Date (NASFAA)

“President Joe Biden on Wednesday signed into law the FAFSA Deadline Act, a bipartisan bill that makes October 1 the official launch date of the FAFSA each year. The FAFSA Deadline Act, introduced by Rep. Erin Houchin (R-Ind.), who sits on the House Committee on Education and the Workforce, passed in the House with a 381-1 vote and unanimously cleared the Senate. Specifically, the law makes October 1 the official launch date for the FAFSA each year and directs the Department of Education (ED) to certify by September 1 that the FAFSA will be ready by October 1. However, if ED anticipates that the FAFSA will not launch on October 1, the department will need to testify before Congress to explain why.” Read more.

 

Other News

• Education Dept. Reminds Colleges to Tell Students Cost of Attendance (Inside Higher Ed)
• U.S. Department of Education Surpasses 1.5 Million 2025–26 FAFSA Submissions (Department of Education)
• Department of Education Announces Borrowers Can Now Apply for Additional Income-Driven Repayment Plans (Department of Education)

 

Policy Matters: Primers and Insights

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
• An Introduction to Negotiated Rulemaking for Higher Education
• Digital Accessibility Requirements for Online Learning
• Marketing Considerations Through the Lens of Regulations, Policies and Compliance