Biden-Harris Administration Proposes Regulations to Enhance College Access, Quality, and Oversight of Distance Education

The U.S. Department of Education (Department) has unveiled draft regulations that aim to enhance access to college for high school students, offer improved public data on student outcomes, increase oversight over distance education programs, and ensure that student aid programs prioritize the best interests of students. The proposed changes span three key areas: the federal TRIO programs, Distance Education, and Return to Title IV (R2T4). These regulations align with the Biden-Harris Administration’s commitment to boosting college access and affordability while enhancing the quality and value of postsecondary education.

“Under President Biden’s leadership, we are steadfast in our efforts to make higher education more affordable and accessible for all Americans. The proposed regulations could help extend both access and affordability to our most vulnerable students, including those from low-income backgrounds, students without immigration status, and students with disabilities,” stated U.S. Secretary of Education Miguel Cardona. “By expanding eligibility for federal programs and implementing safeguards to prevent situations where students accumulate debt without obtaining a degree, we can create more opportunities for the transformative power of higher education.”

The draft regulations will be officially published soon, and the public will have a 30-day period to provide feedback. The regulations propose crucial enhancements to:

• Enhance Dreamers’ access to higher education through the federal TRIO programs. The TRIO programs are federal initiatives that cater to individuals from disadvantaged backgrounds, such as low-income, first-generation college students, and students with disabilities. The proposed adjustments seek to broaden eligibility to include students without immigration status who are attending or planning to attend high school in the U.S., territories, or Freely Associated States. This expansion would impact programs like Upward Bound, Talent Search, and Educational Opportunity Center, benefiting students in elementary and high school by boosting their chances of completing high school, accessing college, and increasing their overall earnings.

• Consider student outcomes when evaluating student success and enhance oversight of distance education programs. As online learning has surged post-COVID-19, it offers flexibility to college students. However, limited data on students enrolled in distance education programs impedes the Department’s ability to assess student outcomes and monitor these programs effectively. The proposed changes include requiring additional reporting for solely online programs and students’ distance education status, enabling the Department to analyze data and protect students by offering closed school discharges when an institution discontinues a program delivered in-person or online. The regulations also aim to ensure that online students in career-focused programs have direct instructor interaction by prohibiting asynchronous instruction.

• Assist students in settling any outstanding balances upon withdrawal and enhance the accuracy and simplicity of calculations for institutions under R2T4. R2T4 regulations govern the process institutions must follow when a recipient of HEA Title IV funds stops attending during a payment period. An R2T4 calculation decides whether funds need to be refunded by the school and/or student. Proposed changes aim to facilitate students in repaying their balances after withdrawal, making it easier for them to resume their education, and streamline and simplify the calculation process for institutions.

The newly unveiled regulations signal the Department’s ongoing commitment to ensuring students and taxpayers derive value from postsecondary education. The Department commenced negotiations on Program Integrity and Institutional Quality with public hearings in April 2023. Both the negotiating committee and TRIO subcommittee, which were tasked with developing proposed language, convened between January and March 2024, reaching consensus on the issue of TRIO expansion. Apart from the topics outlined in the notice of proposed rulemaking, the Department contemplated regulations on Accreditation, State Authorization, and Cash Management. Further details on the release schedule for forthcoming regulations are outlined in a blog post today, with the remaining issues set to be featured in proposed rules in 2025.

Access an unofficial copy of the proposed regulations here.