NC-SARA’s Update on U.S. Department of Education’s Newly Released Final Regulations

Breaking News!

On Tuesday October 24, 2023, the U.S. Department of Education released final rules that came out of the spring 2022 negotiated rulemaking sessions.

The Biden-Harris Administration announced the final regulations to significantly enhance oversight and accountability for institutions of higher education and strengthen consumer protections for student borrowers. The regulations will go into effect July 1, 2024.

The rules require that institutions certify that if they are operating through distance education they will abide by any state laws related to the closure of postsecondary institutions.

The final regulations will be published in the Federal Register on October 31, 2023. View an unofficial copy of proposed regulations and a fact sheet on the final rule.

NC-SARA is engaging a broad group of stakeholders to analyze the potential impact on SARA-participating institutions and member states. We will share more information by email, on our SARA Call to Action webpage, and by hosting an informational webinar on November 7, 2023, 11:30 am – 12:30 pm Mountain Time.

The final language (Pages 624-625) § 668.14(b)(32): 

(32) In each State in which: the institution is located; students enrolled by the institution in distance education or correspondence courses are located, as determined at the time of initial enrollment in accordance with 34 CFR 600.9(c)(2); or for the purposes of paragraphs (b)(32)(i) and (ii) of this section, each student who enrolls in a program on or after July 1, 2024, and attests that they intend to seek employment, the institution must determine that each program eligible for title IV, HEA program funds—

(iii) complies with all State laws related to closure, including record retention, teach-out plans or agreements, and tuition recovery funds or surety bonds.

Resource from WCET Frontiers (October 31, 2023): New Federal Regulations, Part 2: Addressing Compliance with State Closure Laws and the Impact on Interstate Reciprocity Agreements