*Distance education*: Education that uses one or more of the technologies listed in paragraphs (1)(i) through (1)(iv) of this definition to deliver instruction to students who are separated from the instructor or members of an instructional team, and to support regular and substantive interaction between the students and the instructor or members of an instructional team, either synchronously or asynchronously. 

(1) The technologies that may be used to offer distance education include—

(i) The internet;

(ii) One-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;

(iii) Audio conferencing; or

(iv) Other media used in a course in conjunction with any of the technologies listed in paragraphs (1) through (3) of this definition.

(2)(i) An instructional team includes is led by at least one individual who is a subject-matter expert, by virtue of academic credentials or a combination of academic credentials and work experience, as defined by the accrediting agency, and includes one or more staff members that perform an instructional function. Members of an instructional team may have different and complementary roles and qualifications, as required by the institution’s accrediting agency, such as to share information, answer questions, provide direct instruction, provide assessment or feedback, monitor a student’s academic progress, or provide student support related the student’s success in a particular course or competency.

(ii) An instructional team must ensure that—

(A) One or more members of the team who are subject-matter experts are responsible for assessing a student’s learning and mastery of course content; and

(B) iIt monitors each student’s academic engagement and success and ensures that a subject-matter expertn instructor is responsible for promptly and proactively providing academic assistance, when needed, on the basis of such monitoring, or upon request by the student. 

(iii) General academic advisors or counselors are not considered to be members of an instructional team. 

(3) *Regular*means the frequency or periodicity of contact that is established by the institution in accordance with any applicable requirements of its State or accrediting agency, in which –

(i) The interactions are initiated by an instructor or a member of an instructional team; and

(ii) (A) For a course that is worth three or more credit hours, interactions occur at least once for each week of instruction; or

(B) For a course that is worth less than three credit hours, interactions occur at least once every two weeks of instruction.

(4) *Substantive*means related to the subject matter under discussion for the course.

(5) *Waiver Authority*. Under procedures established by the Secretary, the Secretary may, through publication in the *Federal Register,* permit an institution or group of institutions to define the courses in one or more educational programs as “distance education” rather than “correspondence courses” using an instructional model that does not meet one or more of the requirements under paragraphs (1) through (4) of this definition**if the institution or institutions demonstrate that—

(i) The instructional model ensures that each course in the program or programs meets the statutory definition of “distance education” under 20 USC 1003; and

(ii) Each institution’s accrediting agency has specifically reviewed and approved the educational program for which the institution seeks the waiver and the agency has determined that the program meets all of its applicable requirements*.*