Major Changes to Distance Ed Proposed: Department of Education Back to Rulemaking Table

Here we go again! Significant changes to postsecondary distance education operations emerged from the U.S. Department of Education’s (Department) Winter 2024 negotiated rulemaking discussion. The proposed changes could be huge and we suggest you read or scroll through this post to see what might affect you and your students. For example, state authorization reciprocity could be greatly limited, distance education programs could be required to take attendance in every course, and all “inclusive access” programs from publishers could be eliminated.

In early January, the Department convened a set of “negotiators” to consider regulatory changes as authorized by Title IV of the Higher Education Act of 1965, as amended. Negotiated rulemaking is a multi-step process that the Department may use to develop regulations to implement federal law. For our purposes, the Department is developing regulations to address process and compliance for institutions to participate in Title IV HEA Programs.

Today, we will share an overview of the Department’s rulemaking process and provide analysis of the issues in this new rulemaking that affect institutions serving students through digital technologies and interstate distance education. We will also share next steps for you to participate in this process and how to follow the progress of this rulemaking.[...]