Day 3 Presentation Russ Poulin, WCET NUTN Policy handout: WCET Federal Regulation Updates Feb 2018 http://opensunysummit2018.edublogs.org/2018/02/01/russell-poulin/ Open SUNY Summit 2018 - Annual conference for the SUNY online teaching and learning community of practice. https://commons.suny.edu/cotehub/ February 28 - March 2, 2018, SUNY Global Center, NY, NY. Conference website: http://opensunysummit2018.edublogs.org/ Program: http://opensunysummit2018.edublogs.org/about/program/ Recordings: http://opensunysummit2018.edublogs.org/mediasite/ Materials: http://opensunysummit2018.edublogs.org/registration/materials/ Open SUNY Online Teaching: http://commons.suny.edu/cote/

1. Russ Poulin, Director, Policy & Analysis, WCET NUTN / SUNY Meetings
wcet.wiche.edu and wcetfrontiers.org February / March 2018
rpoulin@wiche.edu
WGU Audit by the Office of Inspector General
OIG found that WGU was not eligible to disburse Title IV financial aid and recommended it
return more than $700 million in aid. Issues around “regular and substantive interaction,” the
definition of “instructor,” and “self-paced” were all cited. The recommendation goes to the
Department of Education financial aid staff. They may rule soon and the recommendation is
expected to be rejected. CBE and distance education providers should watch closely.
State Authorization of Distance Education
In December 2016, the Department of Education released proposed state authorization for
distance education regulations to be enforced beginning July 1, 2018, including:
• Demonstrate Compliance. Institutions must demonstrate that it has the authorization
in each state in which it enrolls distance students who are receiving federal financial
aid. Authorization may be by the state or through reciprocity.
• Recognize Reciprocity. Reciprocity is a path to authorization. Reciprocity agreements
must allow states to enforce “consumer protection” laws, but the Department sent a
letter to SARA and WCET clarifying that it does not negate SARA’s rules.
• Redefines Student “Residence.” Conflicts with state definitions.
• New ‘Public’ Disclosures. Inform students via a website…
o The institutions authorization in the student’s state and source of approval.
o ‘Document’ complaint process in each student’s state.
o ‘Adverse actions’ from states or accreditors for last five years.
o Refund policies required by states.
o For programs leading to professional licensure/certification…what the state’s
education prerequisites are and if your program meets those requirements.
• New ‘Individualized’ Disclosures. Inform students directly via email or mail…
o If you do not (or have not determined) that you meet professional
licensure/certification educational requirements in student’s state.
o Written acknowledgement from student who enrolls anyway.
o New adverse actions (within 30 days) or loss of licensure approval (14 days).
Resources
Reactions to final state authorization regulation in WCET Frontiers blog: http://bit.ly/2i7nL6z
US ED clarifies intent on reciprocity: https://wcetfrontiers.org/2017/01/09/ed-clarifies-reciprocity/
WCET State Authorization Network: http://wcet.wiche.edu/advance/state-authorization-network
Current academic integrity requirement (Chapter 34, 602.179g)): http://bit.ly/2FuHpqc
Senate HELP Committee members: https://www.help.senate.gov/about/members
“Forever” GI Bill: https://studentveterans.org/aboutus/government-affairs/forevergibill

2. Russ Poulin, Director, Policy & Analysis, WCET NUTN / SUNY Meetings
wcet.wiche.edu and wcetfrontiers.org February / March 2018
rpoulin@wiche.edu
FEDERAL REGULATORY UPDATE
Reauthorization of the Higher Education Act
The Higher Education Opportunities Act of 2008 includes most of the federal regulations for
higher education and sets the standards for federal financial aid eligibility. Both houses of
Congress are considering “reauthorization” (updating) the act and changing the regulations.
• House Prosper Act – a product of one party.
o The definition of “distance education” is replaced by “competency-based
education.” The definition of “regular and substantive interaction” is changed.
o Removed the federal state authorization for distance education requirement.
o Changes accrediting agency requirements, replacing specific oversight of
distance education with specific oversight of competency-based education.
o Expands aid eligibility to non-accredited providers partnering with colleges.
• Senate is more bipartisan, held several hearings, and is asking for input. Senate Health,
Education, Labor, and Pensions (HELP) Committee members hail from: AL, AK, CO, CT,
GA, IN, KS, KY, LA, MA, ME, MN, NH, NC, PA, SC, TN, UT, VA, VT, WA, WI, WY.
Student Identity for Academic Integrity and Financial Aid Fraud
Chapter 34, 602.17(g) places on accrediting agencies the responsibility to require: “institutions
that offer distance education or correspondence education to have processes in place through
which the institution establishes that the student who registers in a distance education or
correspondence education course or program is the same student who participates in and
completes the course or program and receives the academic credit.” Since placed into law in
2008, there have been two Department of Education Office of Inspector General reports that
have been highly critical of the Department’s oversight of financial aid fraud and the student
identity verification for coursework standards set out above. The House PROSPER bill makes
some changes. We need to assure that fraud and academic integrity are not confused.
New “Forever” GI Bill
Last year, this Bill extended the deadlines for veterans and their families to use their GI Bill
benefits beyond the previous 15-year deadline. It also extends benefits to all Purple Heart
recipients, restores benefits if a college closes, and expands aid to non-accredited providers.
Negotiated Rulemaking on Gainful Employment and Borrower Defenses
Just as these regulations were set to go into effect last July, the Department delayed them.
Negotiated Rulemaking is under way. The regulations will likely be addressed in reauthorization
or greatly reduced in scope.