In comments to the Department of Education (ED), ACE and a group of other higher education associations voiced significant concerns regarding ED’s Notice of Proposed Rulemaking (NPRM) on program integrity and institutional quality, which address distance education, how financial aid refunds are handled, and federal TRIO programs for low-income students.The associations argue that the proposed rule changes could impose substantial challenges on both institutions and students, potentially undermining the benefits of distance education that have become integral to modern learning environments.
Redefining “Additional Location” for Virtual Programs
One major concern raised is the proposed amendment to the definition of “additional location” to include virtual locations for fully online programs. The groups question whether institutions would need to create separate virtual locations for each program or if a single virtual location would suffice, warning that this requirement could lead to increased regulatory burdens and costs, potentially stifling innovation in online education.
Stricter Reporting Requirements and Their Effect
The NPRM also proposes stricter reporting requirements for distance education enrollments, shifting from aggregate data to a more granular, student-by-student reporting structure. The associations fear this change could lead to increased data inaccuracies and administrative challenges, given the diverse and evolving nature of distance and hybrid learning formats.
Concerns Over Elimination of Asynchronous Learning for Clock-Hour Programs
Additionally, the associations criticize the proposed elimination of asynchronous learning from Title IV eligibility for clock-hour programs as a potentially regressive step. The associations argue that this move could reduce access to flexible learning options for students who benefit from asynchronous courses, including working parents and individuals with health concerns.
New Regulations for Tracking Student Attendance
The NPRM also suggests more stringent regulations for tracking student attendance in distance education courses, which the associations believe could complicate compliance and impose undue burdens on institutions. In the comments, they advocate for a longer timeline to document withdrawals and better tools to support institutions in meeting these new requirements.
The comments emphasize the need for balanced regulations that support both institutional innovation and student success.
“While we understand the Department’s goal of enhancing oversight and program integrity, it is crucial that these regulations do not inadvertently hinder the progress and flexibility that distance education provides,” wrote ACE President Ted Mitchell on behalf of the coalition of associations.
The final rules are expected later this fall.