Sec. 124. Distance education

1,887 words·~9 min read·/bill/116/hr/925/eah/section-124

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Notwithstanding section 103(7) of the Higher Education Act of 1965 ( 20 U.S.C. 1003(7) ) and except as otherwise specified in section 486 of the Higher Education Act of 1965 ( 20 U.S.C. 1093 ), the term distance education as used in title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) shall have the meaning given that term in section 600.2 of title 34, Code of Federal Regulations, as amended by the final regulations entitled Distance Education and Innovation published by the Department of Education in the Federal Register on September 2, 2020 (85 Fed. Reg. 54809), or any succeeding regulations.

Not later than 90 days after the date of enactment of this Act, each institution of higher education that participates in a program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) and that provides one or more educational programs through distance education shall submit to the institution’s accrediting agency or association, a description of how the institution plans to meet the requirements of this subsection. This subsection shall take effect with respect to any semester (or the equivalent) that begins on or after December 1, 2020.

Notwithstanding section 481(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(b)(3) ), an institution of higher education described in subparagraph

(B)may deliver distance education by offering programs in whole or in part through telecommunications and be eligible to participate in a program under title IV if such institution meets the requirements of paragraphs

(2)through (4). An institution of higher education described in this subparagraph is an institution of higher education that uses or expands distance education— in accordance with the flexibilities and waivers provided under the guidance of the Secretary on distance education; and without following— the standard approval process for distance education (as in effect before March 5, 2020) of the Secretary; or the evaluation process of institution’s accrediting agency or association described in paragraph (2)(A). Not later than December 31, 2020, each institution described in paragraph (1)(B) shall demonstrate to the Secretary that such institution has commenced the evaluation process with its accrediting agency or association for the purpose of evaluating distance education to determine whether such institution has the capability to— effectively deliver distance education programs; and meet the applicable policies and procedures of the accrediting agency or association (as such policies and procedures were in effect before March 5, 2020). In a case in which an accrediting agency or association does not have distance education in the scope of its recognition at the time an institution commences the evaluation process described in this paragraph, and such agency expands its scope of accreditation to include distance education, not later than 30 days after such change in scope, such agency shall notify the Secretary, in writing, of the change in scope to include distance education, in accordance with section 496(a)(4)(B)(i)(II) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(a)(4)(B)(i)(II) ). Not later than December 31, 2020, each institution described in paragraph (1)(B) shall commence, with the Secretary, the standard approval process for distance education of the Secretary referred to in paragraph (1)(B)(ii)(I). Not later than July 1, 2021, an institution of higher education described in paragraph (1)(B) shall demonstrate to the Secretary that— the institution has completed the evaluation process and standard approval process for distance education under paragraphs

(2)and (3), respectively, for each of its applicable programs; and each such program meets the applicable policies and procedures to offer distance education that are required by the Secretary and the institution’s accrediting agency or association under such paragraphs. An institution of higher education that does not meet the requirements of subparagraph

(A)shall cease offering distance education programs until such time that such institution demonstrates to the Secretary that the institution and each of its applicable programs meet the requirements of subparagraph (A). An institution of higher education with a covered arrangement with a foreign institution shall demonstrate to the Secretary that the institution has commenced the evaluation process with the institution’s accrediting agency or association to determine, in a case in which the accrediting agency or association has standards for the provision of educational services to another institution, whether such covered arrangement meets the standards. Beginning not later than 30 days after the date of enactment of this Act, the Secretary shall require the following: An institution of higher education with a covered arrangement with a non-title-IV institution or organization shall report to the Secretary not later than 10 days after the institution of higher education establishes or modifies such covered arrangement— the name of the institution or organization that is not eligible to participate in a program under title IV; a summary of such arrangement, including the percentages and components of the educational program to be offered by the institution of higher education and such institution or organization; and an attestation that the institution of higher education and such institution or organization meet the requirements of section 668.5(c) of title 34, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act), including the specific determination from the institution of higher education’s accrediting agency or association that the institution’s arrangement meets the agency or association’s standards for the contracting out of educational services. An institution of higher education with a covered arrangement with a foreign institution shall report to the Secretary— not later than 10 days after such institution establishes such covered arrangement— the name of the foreign institution; and a summary of such arrangement, including the percentages and components of the educational program to be offered by the institution of higher education and the foreign institution; and if applicable, not later than 10 days after the date on which the institution’s accrediting agency or association provides its determination to the institution in accordance with paragraph (1), the determination made by the institution’s accrediting agency or association. An institution of higher education with a covered arrangement with a non-title-IV institution or organization shall provide directly to enrolled and prospective students, and make available on a publicly accessible website of the institution, a description of each covered arrangement with a non-title-IV institution or organization, including information on— the portion of the educational program that the institution of higher education is not providing; the name and location of the non-title-IV institution or organization that is providing such portion of the educational program; the method of delivery of such portion of the educational program; and the estimated additional costs students may incur as the result of enrolling in an educational program that is provided under the covered arrangement. In the case of an institution of higher education with a covered arrangement with a foreign institution, the foreign institution in such arrangement shall provide the information described in subparagraph

(A)regarding the covered arrangement in the same manner as applies to an institution of higher education with a covered arrangement with a non-title-IV institution or organization subject to such subparagraph. The Secretary shall take such enforcement actions under section 487(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(c) ) as necessary until such time as an institution of higher education with a covered arrangement subject to this subsection can demonstrate that the institution meets— the standards of the institution’s accrediting agency or association for the contracting out of educational services; and in the case of an institution with a covered arrangement with a foreign institution, the standards, if applicable, of the accrediting agency or association for the provision of educational services to another institution. Not later than 15 business days after an accrediting agency or association completes the review of an institution of higher education subject to the requirements of subsection

(b)or (c), the accrediting agency or association shall publish a report regarding the review. The report under subparagraph

(A)shall— be published on the website of the accrediting agency or association; and include a summary of the conclusion and the relevant findings that such agency or association provided such institution of higher education in granting, as applicable— the approval or denial for an institution of higher education to deliver distance education under subsection (b); or the approval or denial of an institution of higher education to enter into or modify a written arrangement in accordance with subsection (c). By March 31, 2021, and quarterly thereafter, the Secretary shall provide the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, and publish on a publicly available website, a report of the information collected under paragraph

(1)and subsection (c)(2). In this section: The term accrediting agency or association means— an accrediting agency or association that is recognized by the Secretary under subpart 2 of part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099b ); or in the case of a public postsecondary vocational institution whose eligibility for Federal student assistance programs is being determined by a State agency listed under section 487(c)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(c)(4) ), such a State agency. The term covered arrangement with a foreign institution means a written arrangement entered into between an institution of higher education and a foreign institution, on or after March 13, 2020, to provide an educational program. The term covered arrangement with a non-title-IV institution or organization means a written arrangement— to provide an educational program that satisfies the requirements of section 668.8 of title 34, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act) between an institution of higher education and an institution or organization that is not eligible to participate in a program under title IV; entered into, or modified, on or after March 13, 2020; and through which the institution or organization that is not eligible to participate in a program under title IV will provide more than 25 percent, but less than 50 percent of the educational program subject to the arrangement. The term foreign institution means an institution located outside the United States that is described in paragraphs (1)(C) and

(2)of section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) ). The term guidance of the Secretary on distance education means the guidance of the Secretary entitled UPDATED Guidance for interruptions of study related to Coronavirus (COVID–19) dated June 16, 2020 (or prior or succeeding guidance). The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). The term program under title IV means the following programs under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.): The Federal Pell Grant program under section 401 of such Act ( 20 U.S.C. 1070a ). The Federal Supplemental Educational Opportunity Grant program under subpart 3 of part A of such title IV ( 20 U.S.C. 1070b ). The Federal work-study program under part C of such title IV ( 20 U.S.C. 1087–51 et seq.). The Federal Direct Loan program under part D of such title IV ( 20 U.S.C. 1087a et seq.).

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