Institutions Receive Additional Regulatory Flexibility on Certification Procedures

The Department of Education announced that it would consider exercising its discretion when enforcing two provisions in the accountability regulations set to take effect on July 1.

The two provisions in question impose new requirements limiting program length for gainful employment (GE) programs and meeting state educational requirements for licensure or certification of distance education programs.

According to the Department, institutions have reported problems with securing program approvals in time and accessing relevant agency systems. Given these challenges, the Department will consider whether to exercise its enforcement discretion when addressing any noncompliance in these two areas between July 1, 2024, and January 1, 2025.

Institutions are required to comply with the two provisions by July 1 unless they can demonstrate that they have been unable to do so for reasons that are “unique, time-specific, and outside the control of the institution.” Examples may include:

• The inability to obtain approvals from states and/or accrediting agencies for changes in program length;
• The inability to obtain approvals for academic program changes to comply with the requirements related to licensure/certification;
• The inability to obtain sufficient clarity from state licensing and certification entities about licensure and certification requirements; or
• The inability to access and use the Department’s systems.

For more information, please contact:
Jody Feder