Institutions of Higher Education (IHE) are being faced with pending federal regulations that will impose extraordinary logistical and financial burdens to our colleges across the United States. In October 2010, as part of the Higher Education Reauthorization Act, the U.S. Department of Education issued a new regulation (600.9 State authorization) that will have far-reaching implications for higher
education institutions that offer online courses to students in multiple states. Currently all postsecondary institutions are guided by the regulatory requirements of the Department of Education. By July 1, 2011, this proposed regulation will demand that institutions meet any and all requirements and fees imposed by each of the fifty individual states’ Departments of Education. Each institution of higher education would need to meet a patchwork of confusing regulations and widely-varying and potentially onerous fees which are different for every state. The ambiguity of the regulations also raises the concern that state officials may overreach by imposing requirements on private, non-profit institutions that go well beyond the grant of authority to operate as postsecondary institutions and that have nothing to do with the program integrity objectives of the new regulations. As finalized, the regulation creates serious concerns for private, non-profit institutions—in particular for religiously-affiliated and other mission-based institutions -- and threatens the ability of both public and private institutions to serve students through effective distance education programs. For these reasons, we ask you to immediately request that Secretary Arne Duncan rescind Section 600.9
