Today, UPCEA has submitted comments to the US Department of Education in response to their Notice of Public Rulemaking (NPRM) issued on April 2, 2020, which closes on May 4, 2020. These regulations were informed by the 2018-2019 negotiated rulemaking committee. We wrote regarding clarification and suggested edits for how the NPRM amends key definitions and title IV eligibility requirements for distance and correspondence education providers. UPCEA recognizes the importance of regulating distance education to protect students and the general public. We appreciate the efforts the Department has taken to protect these interests while still encouraging innovation in higher education and student access to affordable, high-quality educational opportunities. 

We generally support the proposed changes contained in this NPRM and believe they advance each of these goals. However, we do seek clarification on several new and amended definitions from the Department as outlined below. The following suggestions and requests for clarification have been submitted both by UPCEA member institutions and by UPCEA’s Policy Committee, and include concerns raised by online program administrators, instructional faculty, and instructional designers:

• Clarifying whether asynchronous learning and extended reality experiences are considered Academic Engagement under Section 600.2
• Including asynchronous academic engagement in the updated Clock Hour definition proposed under 600.2 [Attendance in a “Synchronous” Class]
• Further clarifying what constitutes “regular and substantive interaction” under the Section 600.2 defintion for Distance Education [Distance Education (iv)(4)]
• Using the Distance Learning and Innovation Subcommittee’s previous language in paragraph v(5) of the Distance Education definition in Section 600.2 [Distance Education (v)(5), Regular Interaction “And” Versus “Or”]

Click here to read our full comments and suggestions on these issues.