The Biden administration’s rules that change the way colleges are run and add new requirements for institutions to receive federal financial aid are now in effect, though legal challenges are looming.
Demetrius Freeman/The Washington Post/Getty Images
Colleges will have to submit to the federal government new information about their distance education programs under a slew of new rules the Biden administration finalized Monday.
The rules, which will take effect on July 1, 2026, will likely be the president’s last package of new rules for colleges and universities before Trump takes office on January 20.
The new rules make Biden’s plan to increase federal oversight of online programs, but the final version does not go the way the president originally intended. Flexible options for hourly courses or require colleges to attend online classes.
The package, however, still includes rules that require colleges to report more data on enrollment in distance education classes, including those offered online or by mail. Higher institutions will not have to start sending data until 1 July 2027.
“Online learning can reach more students and sometimes at a lower cost to students, but what we know about the effects of online education compared to in-person instruction is woefully inadequate,” Under Secretary James Kvaal said in a release. “The new reporting in this final rule will help the department and the public better assess student outcomes in online programs and help students make informed decisions.”
The final rule also included technical changes to the integrated college preparatory programs known as TRIO. But the department decided not to pursue a plan to open up eligibility for some TRIO programs to undocumented students—a goal long sought by TRIO directors and advocates, as well as higher education organizations.
Distance Education
But one of the most controversial parts of the college and university legislation is whether Biden would decide to eliminate any non-conforming options for students in online hourly programs, which are typically part-time workforce training programs that lead to a certificate.
Trump-era legislation allowed co-curricular activities—such as watching a video recording—to count toward the required number of credits in part-time clock-hour programs. But the department said in its proposal that because of the use of multiple clock systems, the change often results in “substandard education” that “puts students and taxpayers at risk.”
Hundreds of professors and higher education groups disagreed. Others, especially those representing for-profit programs, opposed public opinion saying the proposal was beyond the authority of the department and would burden institutions. Some said the new rules reflect an old-fashioned approach to college, saying that not allowing asynchronous options would limit students’ access to the flexibility offered by an online education.
Although the department has decided not to phase out asynchronous distance ed programs, the agency intends to monitor the courses closely.
“The department prepared these final rules based on substantial public comment on the notice of proposed rule published this summer,” department officials said in a news release. “However, we remind institutions that asynchronous clock hours cannot be used for homework and there must be a strong guarantee of regular and important communication with teachers.”
Nothing Extended A TRIO
While the decision not to expand TRIO eligibility has little impact on colleges, the move is a blow to TRIO directors and immigration equality advocates who have worked for years to open the program.
Miriam Feldblum, executive director of the President’s Alliance on Higher Education and Immigration, said Within Higher Ed that nearly 100,000 undocumented students graduate from high school each year, many of whom could benefit from TRIO’s services.
But Republicans opposed the idea. Six GOP members of Congress, including Virginia Foxx, a North Carolinian and former chair of the House education committee, blasted the idea in a letter to Secretary Miguel Cardona in August.
“The proposed expansion is a clear attempt to provide additional taxpayer-funded services to those who do not seek citizenship in the name of reducing the ‘burden.’ The department’s proposed expansion would extend funding and jeopardize those currently eligible for TRIO,” they wrote.
Some college administrators and TRIO directors in red states are worried about the political impact Biden’s new law could have on their programs.
“The fighter in me thinks this is a tough time to go to war and have an unforced error or a target on our back and [on] TRIO, given the current immigration policy debate,” said Geoffrey Garner, TRIO program director from Oregon, at the January 2024 advisory committee meeting. “We think right now is not the best time for this proposal, as much as it breaks my heart to say that out loud.”
That advisory committee ultimately supported changes to expand TRIO programs to undocumented students.
Officials from the Department of Education said their decision was not motivated by political tension. Instead, they said the proposal was “too small … in terms of the number of additional people to be served.”
Under the department’s proposed rule, high school students who are not citizens or permanent residents would have access to Upward Bound, the Talent Search Center and the Educational Opportunity Centers but not Student Support Services or the McNair Scholars Program.
“The expansion of student eligibility under certain TRIO programs could create confusion, as multiple providers hold grants under one TRIO program,” officials wrote in the final rule. “Eligibility for certain TRIO programs would increase administrative burden by requiring grantees to deny noncitizens participation under certain TRIO programs, but not others.”
Source link
