Federal Regulations

Compliance with federal state authorization regulations ties compliance with state laws and regulations to institutional participation in Title IV, HEA programs.

Final Federal Regulations for State Authorization became effective on July 1, 2020. Additional regulations for programs leading to a license became effective on July 1, 2024.

• 34 CFR 600.2 - Definitions (State authorization reciprocity agreement)
• 34 CFR 600.9(c) - State Authorization (for distance education)
• 34 CFR 668.14(b)(32)(ii) - Certification that professional licensure programs satisfy state educational requirements.
• 34 CFR 668.43(a)(5)(v) - Institutional Information (public notifications for programs leading to professional licensure or certification for all modalities) (revised 2024)
• 34 CFR 668.43(c) - Institutional Information (individualized notifications for programs leading to professional licensure or certification for all modalities)

There is no substitute for a staff member reading each of the regulations to review the specific language of the regulation.

Federal Regulations Ancillary to State Authorization

• 34 CFR 668.43 (b) Institutional Information –. Contact information for filing complaints.
• 34 CFR 668.71 Scope and special definitions  - Misrepresentation 
• 34 CFR 668.72 Nature of educational program. Misrepresentation professional licensure information.
• 34 CFR 602.17 (h) Student identification verification for distance education or correspondence education.  
• 34 CFR 602.24 (c) Teach-out plans and agreements. 
• 34 CFR 600.2 Definition of Distance Education – Includes Regular and Substantive Interaction
• 34 CFR 600.2 Definition of Distance Education Course

Purpose: Guidance provided by executive agencies is developed to clarify existing obligations through non-binding guidance documents, which the APA exempts from the notice-and-comment requirements of the federal regulatory process. Contents of guidance do not have the force and effect of law and are not meant to bind the public.

• Office of Postsecondary Education - Policy Initiatives (Links to OPE Guidance and FAQs as well as Negotiated Rulemaking 2017-present

Regulations are developed by the U.S. Department of Education to implement the Higher Education Act (HEA) and other federal laws. The federal rulemaking process is governed by the Administrative Procedure Act (APA), which requires agencies to follow specific procedures, including publishing proposed regulations, providing an opportunity for public comment, and issuing final regulations. Failure to follow the APA can result in a regulation being challenged and potentially vacated by a federal court.

For most Title IV regulations, the HEA adds an additional requirement: the Department must first conduct negotiated rulemaking. During this process, representatives of affected stakeholder groups work with the Department to negotiate a proposed regulatory package. If the committee reaches unanimous consensus, the Department generally uses that language as the basis for its proposed regulations. If consensus is not reached, the Department drafts the proposed regulations while continuing to follow the APA rulemaking process.

Federal Statute

The Higher Education Act (HEA) was originally enacted in 1965 "to strengthen the educational resources of our colleges and universities and to provide financial assistance for students in postsecondary and higher education".  The HEA is the foundation for which the Federal regulations are developed to manage higher education.  The HEA was last reauthorized in 2008. That reauthorization was set to expire in 2013 but was extended to allow legislators more time to work on a new version.  The timeline for passage of the Reauthorization of the HEA is uncertain at this time.