Proposal from Jillian Klein (Proprietary Institutions of Higher Education) and Robyn Smith and Sophie 

Laing (Legal Assistance Organizations) to Collect Distance Education Status by Title IV Student

Submitted January 11, 2024

As discussed during negotiations this week, the Department does not currently collect data from 

institutions regarding which of their Title IV-receiving students are enrolled entirely in distance education 

programs, entirely in brick-and-mortar programs, or as hybrid students studying through both modalities. 

That limits access to important information, like the outcomes of students disaggregated by the modality 

of instruction, which could help inform consumer information tools like the College Scorecard. The 

language proposed below (highlighted in yellow) to the Department’s existing regulatory proposal (seen 

in the red text) would ensure that institutions report distance-education status at the student level.

Proposed Language for 34 C.F.R. Sec. 600.9

(c)(1)

(i) If an institution that meets the requirements under paragraph (a)(1) or (b) of this section 

offers postsecondary education through distance education or correspondence courses to 

students located in a State in which the institution is not physically located or in which the 

institution is otherwise subject to that State's jurisdiction as determined by that State, except as 

provided in paragraph (c)(1)(ii) of this section, the institution must meet any of that State's 

requirements for it to be legally offering postsecondary distance education or correspondence 

courses in that State. The institution must, upon request, document the State's approval to the 

Secretary; or 

(ii) If an institution that meets the requirements under paragraph (a)(1) or (b) of this section 

offers postsecondary education through distance education or correspondence courses in a 

State that participates in a State authorization reciprocity agreement, and the institution is 

covered by such agreement, the institution is considered to meet State requirements for it to be 

legally offering postsecondary distance education or correspondence courses in that State, 

subject to any limitations in that agreement and to any additional requirements of that State 

not relating to State authorization of distance education. The institution must, upon request, 

document its coverage under such an agreement to the Secretary. 

(2)

(i) For purposes of this section, an institution must make a determination, in accordance with 

the institution's policies or procedures, regarding the State in which a student is located, which 

must be applied consistently to all students. 
(ii) The institution must, upon request, provide the Secretary with written documentation of its 

determination of a student's location, including the basis for such determination. 

(iii) An institution must make a determination regarding the State in which a student is located 

at the time of the student's initial enrollment in an educational program and, if applicable, upon 

formal receipt of information from the student, in accordance with the institution's procedures, 

that the student's location has changed to another State. 

(iv) For all Title IV-receiving students, the institution must report whether each student is 

enrolled exclusively online, exclusively as a brick-and-mortar student, or as a hybrid student in 

both online and brick-and-mortar instruction, in accordance with the Department’s reporting 

requirements. 

(3)(i) A State authorization reciprocity agreement must include a process for communicating information 

received on complaints regarding institutions or programs subject to the State reciprocity agreement to 

the State in which a student is located at the time of the student’s initial enrollment, as determined in 

accordance with paragraph (c)(2) of this section. 

(ii) If a State authorization reciprocity agreement is administered by an organization, the 

agreement must require that complaints received by States from institutions subject to the 

State reciprocity agreement are communicated to the organization. The organization must make 

information received on complaints public at least annually, including but not limited to the 

number and type of complaints by institution that is subject to the State reciprocity agreement.