Education Department Set to Enforce State Complaint Process Requirements
The Department of Education has issued a guidance letter reminding institutions that the 2010 program integrity regulations require states to have student complaint processes covering all institutions. Issuance of this letter signals that the Department is preparing to enforce this portion of the regulation.
Specifically, the regulation requires that each state must have “a process to review and appropriately act on complaints concerning the institution including enforcing applicable State laws.” In addition, each institution must include in its student disclosures the contact information for the appropriate state agency or agencies where complaints may be made. An institution will be required to identify the state complaint process available to its students during the recertification process, or in response to an inquiry from the Department of Education.
The complaint process requirement is one of three state authorization requirements included in the 2010 regulations. The regulations also required that institutions be authorized by name to offer postsecondary education in a state and contained provisions related to authorization of distance education programs. The distance education portion of the regulation was struck down in court and is not currently in effect. The Department has initiated a new negotiated rulemaking process to address the issue. (See Negotiated Rulemaking Committee Begins Work on Multiple Regulatory Fronts for additional information.)
For additional background on the state authorization regulations, see these earlier stories in Washington Update:
- Final Program Integrity Regulations Published: Many Changes Ahead, 12/22/2010
- Program Integrity Regulations Continue to Raise Questions, Concerns, 2/11/2012
- Higher Ed, Accreditation Communities Urge Rescission of New State Authorization Regs, 3/4/ 2011
- Department Releases Guidance on State Authorization, Credit Hour, Other Areas, 3/23/2011
- State Authorization of Distance Education Vacated by U.S. District Court, 7/13/2011
- House Supports Repeal of Credit Hour/State Authorization Regs, 3/13/2012
- Developments in Distance Education, 6/12/12
- Dept. Ed. Issues Additional Guidance on State Authorization, 8/6/12
- Dept. Ed. Reminder: July 1 Is Final Deadline To Comply With State Authorization Regs, 3/12/2013
- Postsecondary Distance Education Final Report Released With Recommended Terms for Reciprocity Agreements, 4/2/2013
- Extension Requests Again Available for State Authorization Regs, 6/18/2013
- Dept. Ed. Releases Additional Guidance on State Authorization Rules, 8/13/2013
For more information, please contact:
Tim Powers