April 26, 2018
DeVos Seeks Delay for Rules on State Authorization of Distance Education
Secretary of Education Betsy DeVos is seeking to delay the implementation of regulations related to state authorization of distance education programs and foreign branch campuses. Specifically, the Secretary has submitted to the Office of Management and Budget a new proposed rule that would postpone implementation of the regulations beyond July 1, 2018, when the rules are currently scheduled to go into effect.
The rule governing state authorization of distance education programs was originally part of a broad package of program integrity regulations issued in 2010 by the Department of Education. The intent of the regulations was to crack down on unscrupulous higher education providers. However, due to various legal and operational roadblocks, final regulations governing state authorization of distance education programs were not released until 2016 or scheduled to go into effect until this year.
It is not clear how long a delay is being sought, nor is it evident whether the Secretary intends to pursue other changes to the regulations. However, legislation to repeal the regulations related to state authorization of distance education has been introduced in each of the last several congressional sessions, including most recently in the House Republican proposal to reauthorize the Higher Education Act.
The rule governing state authorization of distance education programs was originally part of a broad package of program integrity regulations issued in 2010 by the Department of Education. The intent of the regulations was to crack down on unscrupulous higher education providers. However, due to various legal and operational roadblocks, final regulations governing state authorization of distance education programs were not released until 2016 or scheduled to go into effect until this year.
It is not clear how long a delay is being sought, nor is it evident whether the Secretary intends to pursue other changes to the regulations. However, legislation to repeal the regulations related to state authorization of distance education has been introduced in each of the last several congressional sessions, including most recently in the House Republican proposal to reauthorize the Higher Education Act.
For more information, please contact:
Jody Feder