Updates on Federal Regulations

Final Regulations, Effective July 1, 2024

In October 2023, The Department of Education (ED) released the final rules on Ability to Benefit, Administrative Capability, Certification Procedures, and Financial Responsibility. 

Final Regulation, Certification Procedures- Professional Licensure 

As you may recall, beginning in July of 2020, academic programs leading to professional licensure were required to disclose to their enrolled students whether or not their academic program meets, does not meet, or is undetermined if meets academic requirements for professional licensure/certification in their state of intended practice/state of residence. 

Under the new rule, effective July 1, 2024, academic programs leading to licensure must list states where requirements are met or not, removing the option of "undetermined" status. Institutions may offer programs in states where academic requirements aren't met if students attest to their intended state of employment. Students must be informed if a program doesn't meet state requirements for licensure where they are located. If an institution can't confirm compliance with state requirements, it can't offer the program in that state. The rule applies to new programs from July 1, 2024, it is not retroactively applied to previously enrolled students.

Final Regulation, Certification Procedures- State Closure Requirements  

This regulation requires institutions to comply with state laws for any legal requirements related to school closures. The definition of "closure" includes requirements related to record retention policies, teach-out plans, and/or agreements, as well as tuition recovery funds and/or surety bonds. Fortunately, it has been determined that Boise State University’s membership with NC-SARA grants us authorization in all member states, without the need to comply with this new regulation. 

Proposed Regulations, Potentially Effective July 1, 2025, or July 1, 2026  

It's crucial to understand that these proposed regulations are not final yet. They're still in the process and need to undergo several steps before they could potentially be released as final. If they are indeed finalized by November 1st, 2024, they won't take effect until July 1st, 2025, at the earliest.

Proposal: Changes State Authorization Reciprocity

The proposal entails changes to the State Authorization Reciprocity Agreement (SARA), shifting the requirement for institutions to adhere to state general-purpose laws under SARA, while also mandating compliance with closure laws such as record retention and tuition recovery.  Authorization directly from states becomes necessary if an institution enrolls over 500 students for two financial aid years, with states empowered to revoke authority for violations. Complaint resolution would be handled by either the student's or institution's home state, overseen by a reciprocity board including state regulators and attorneys general.

Proposal: Required to Take Attendance for All Distance Education Courses

Mandatory attendance tracking for all distance education courses is proposed, defining attendance as the last episode of academic engagement, with a requirement for institutions to document a student's withdrawal date within 14 days of their last attendance.

Proposal: Disallow Aid for Clock Hour Asynchronous Courses

Aid for clock-hour asynchronous courses would be disallowed. This will NOT affect courses offered through credit hours. 

Proposal: Report More Distance Education Data

Institutions would need to report each student's enrollment in distance education or correspondence courses. 

Proposal: Accreditation and Distance Education

The threshold for accrediting agencies to approve distance education programs returns to the old standard for a review for an initial institutional program that exceeds 50% at a distance. Additional oversight is needed if an institution has 50% of its courses or students in distance education.

Proposal: Including Books and Resources in Tuition and Fees Becomes Opt-In

Inclusive access programs for books and related materials would become opt-in for students or parents, with books and resources to be included in tuition for confined students, and the exemption for health and safety reasons eliminated.

This page was last updated on April 17, 2024.