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Federal EdTech Legislation and Regulations that You Need to Follow

May 4, 2016

Federal EdTech Legislation and Regulations that You Need to Follow

• Welcome. Thank you to

Blackboard!

• Use the question box for

questions and information exchange.

• Archive, PowerPoint, and

Resources available next week.

• Follow the Twitter feed:

#WCETwebcast.

Megan Raymond Manager, Events and Programs, WCET mraymond@wiche.edu @meraymond

Overview

Introductions Issues you Need to Know Discussion Q&A Conclusion

Questions from the Audience

• If you have a question during the

presentation, please add your questions to the question box. We will monitor the questions and have time for Q&A at the end of each section.

Moderator

Cali Morrison Manager, Communications WCET

6

Presenters

Jarret Cummings

Director of Policy and Government Relations EDUCAUSE

Russ Poulin

Director, Policy and Analysis WCET

Van Davis

Associate Vice President, Higher Education Policy Blackboard

HEA on Hold How Did We Get Here?

HEA on Hold How Did We Get Here?

• “No Child Left Behind” goes away… but not ‘til Dec.
• Divided government
• Divided majority party in Congress
• Presidency, Senate up for grabs… w/ early conventions
• No Supreme Court vote = no more bipartisan Senate
• Stop-gap fix for Perkins

So, if nothing’s moving until 2017, why don’t Russ, Van, and Jarret get year-long vacations?

HEA on Hold What Might That Mean for 2017?

• No one’s gone broke betting on a divided govt.!
• Pent up leg. demand… plus new president, Congress
• ESEA settled = HEA is the focus for ed. committees
• Potential for bipartisan support
• College affordability
• Competency-based education
• Accreditation reform
• Even if leg. doesn’t move, will we continue to see

“legislating through regulating?”

HEA on Hold What Do We Think About It?

Jarret Cummings

Director of Policy and Government Relations EDUCAUSE

Russ Poulin

Director, Policy and Analysis WCET

Van Davis

Associate Vice President, Higher Education Policy Blackboard

“Teacher Prep” Regulations What Is It?

U.S. Department of Education mandates each state review programs leading to K-12 teacher certification. Under current system, few programs were identified as lacking. Proposed regulations released in Dec. 2014. Additional regulations on “distance education” released on April 1, 2016.

“Teacher Prep” Regulations What Is Proposed?

States rate each program on: Student learning

• utcomes, employment outcomes, survey

results, accreditation or other approval. Each state develops its own methods. Separate rating for distance ed programs. Lose ability to offer TEACH Grant if “at-risk” or “low-performing” in one state or two states in two-out-of-three years.

“Teacher Prep” Regulations What Do We Think About It?

http://commons.wikimedia.org/wiki/File:Train_wreck_at_Montparnasse_1895.jpg

“Teacher Prep” Regulations What Do We Think About It?

Jarret Cummings

Director of Policy and Government Relations EDUCAUSE

Russ Poulin

Director, Policy and Analysis WCET

Van Davis

Associate Vice President, Higher Education Policy Blackboard

Regular and Substantive Interaction What Is It?

Chapter 34, 600.2: “Distance education means education that uses one or more of the technologies listed in paragraphs (1) through (4) of this definition to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between the students and the instructor, either synchronously or asynchronously…”

Regular and Substantive Interaction What Is It?

Interactions…

• Requested by the student don’t count.
• Must be on a ‘predictable and regular’ basis.
• Substantial (i.e. more than just a grade) and

relevant to the academic subject matter.

• Provided by a faculty member who meets

accrediting agency requirements for instruction in the subject matter.

Regular and Substantive Interaction What Is Proposed?

• St. Mary-of-the-Woods Case Unresolved.

Department of Education’s Office of Inspector General cited HLC and may cite WASC Senior for not following this rule. HLC recently cited Adams State. OIG may cite WGU.

Regular and Substantive Interaction What Do We Think About It?

Innovations (CBE, adaptive learning, simulations, gamification, distance education) are in peril.

Accessible Instruction Materials in Higher Ed. Act: What Is It?

• HEOA (‘08)
• AIM Report (‘11)
• TEACH Draft (‘12)
• TEACH Act intro’d

(‘13-14)

• NFB/AAP/Higher
• Ed. on AIM-HEA

(‘14 – Now)

• NOT establishing standards/regulations
• Independent commission, expert panel
• Voluntary guidelines
• Legal safe harbors
• List of general standards… with notes!
• Timeline: 18-24 months
• Super-majority (75%) required to release

Accessible Instruction Materials in Higher Ed. Act: What Is Proposed?

Jarret Cummings

Director of Policy and Government Relations EDUCAUSE

Russ Poulin

Director, Policy and Analysis WCET

Van Davis

Associate Vice President, Higher Education Policy Blackboard

Accessible Instruction Materials in Higher

• Ed. Act: What Do We Think About It?

Student Privacy Protection Act What Is It?

• Rewrites Family

Educational Rights & Privacy Act (FERPA)

• Responds to K-12

concerns

• Tries to “clean-up”

hiccups, inconsistencies

• Introduces cybersecurity,

breach notification

Student Privacy Protection Act What Is Proposed?

• Changes in definition, structure, etc., outside

EDUCAUSE’s space

• Our focus: cybersecurity, breach notification
• Very general security, breach requirements:
• Institution: Appropriate practices, work with third parties
• n notice
• Third parties: Appropriate practices as required by

institution

• Tied to broad “education records” definition
• Placeholder notice period = 3 days

Student Privacy Protection Act EDUCAUSE Thoughts, Bill’s Status

• EDUCAUSE Thoughts
• Add scoping definition

for security/breach

• Include “standard” ideas
• Encrypted = no breach
• 30-day notice period, “stop

the clock” for law enforce.

• Tie third-party require-

ments to contract

• Reinforce institutional

discretion

• Bill’s Status
• Staff taking input, waiting

for time slot

• Tough committee, House

calendars

• Retiring cmte. chair
• Senate reception?
• 2016? 2017?
• Issue not going away
• Increasingly states are

focusing on this issue

Jarret Cummings

Director of Policy and Government Relations EDUCAUSE

Russ Poulin

Director, Policy and Analysis WCET

Van Davis

Associate Vice President, Higher Education Policy Blackboard

Student Privacy Protection Act What Do We Think About It?

Questions from the Audience

Contact Information

Jarret Cummings, 202-331-5372| jcummings@educause.edu Van Davis, 512-740-5333 | Van.Davis@blackboard.com Cali Morrison, 303-541-0234 | cmorrison@wiche.edu Russ Poulin, 303-541-0305 | rpoulin@wiche.edu

Join us for WCET’s next webcast on May 19

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