DE Managers' Resources: Compliance, Issues, and Examples
This page was developed to provide convenient access to DE regulations for administrators in the California Community College system as part of an initial presentation at the CIO Conference in 2016 and continues to be updated regularly!
Warning: There are Changes on the Horizon!
Updated: Feb. 2019
A Note from Pat: This page will continue to be updated, however, things are moving quickly now as the USDOE is conducting rule-making sessions in its effort to revise the Higher Education Act. There are also changes in our own Title 5 regulations and they are included on this page. Keep watching though, as this is a dynamic situation. If you would like to be on my mailing list to receive updates as they happen, please go to my contact page and submit a request. To get more information on the rulemaking process, visit the Dept. of ED Negotiated Rulemaking blog post from WCET.
Updated: Feb. 2019
A Note from Pat: This page will continue to be updated, however, things are moving quickly now as the USDOE is conducting rule-making sessions in its effort to revise the Higher Education Act. There are also changes in our own Title 5 regulations and they are included on this page. Keep watching though, as this is a dynamic situation. If you would like to be on my mailing list to receive updates as they happen, please go to my contact page and submit a request. To get more information on the rulemaking process, visit the Dept. of ED Negotiated Rulemaking blog post from WCET.
Definitions: Title 5 vs US Department of Education: US Department of Education (USDOE) defines DE separately from Correspondence Education. Title 5 includes Correspondence Education in the types of DE that exist in the CCC System. All of the US Dept. of Education regulations are undergoing revision and are in the rulemaking phase (Feb. 2019). Expect to see some updates on those soon.
Additional Note: In the Data Mart from the Chancellor's Office, the following are types of distance education that can be selected when searching for data about certain types of DE programs. If they seem outdated, it is because they are! Number 3 below is generally considered online format.
1. Audio one-way (audio cassette, radio etc.
2. Delayed Instruction
3. Delayed Interaction (Internet Based) .
4. One-way interactive video and two-way interaction
5. Other passive medium
6. Other simultaneous interactive medium
7. Simultaneous Interaction (Internet Based)
8. Text oe-way (e.g. Newspaper, correspondence)
9. Two-way interactive audio only
10.Two-way interactive video and audio
11.Video one-way (e.g. ITV, video cassette, etc.)
DE Regulations Excerpts (Title 5)
Please note that the regulations have been revised. The complete language is available at the link below. This is a summary of the changes.
The Secretary of State and the Office of Administrative Law approved changes to five sections of article 1 of subchapter 3 of chapter 6 of division 6 of title 5 of the California Code of Regulations on Friday, February 15, 2019. The Board of Governors had previously approved the changes.
Here is a link to the complete language from the approved Form 400 and final text
Here is a very brief synopsis of the changes:
§ 55200. Definition and Application. Amended to add time and/or distance to the definition. Removes ambiguity to say that instruction provided through DE is subject to the Americans with Disabilities Act and Section 508 of the Rehabilitation Act of 1973.
§ 55202. Course Quality Standards. Language change only to move from ‘traditional’ classroom to ‘in-person’ class.
§ 55204. Instructor Contact. Amended to specify that regular effective contact must be among students in addition to between instructor and students.
§ 55206. Separate Course Approval. Amends to require an addendum that addresses how course outcomes will be achieved in a DE format, how regular effective communication will be achieved, and how the course will meet accessibility requirements.
§ 55208. Faculty Selection and Workload. Inserts language stating that ”instructors of distance education shall be prepared to teach in a distance education delivery method consistent with local district policies and negotiated agreements
The Distance Education and Education Technology Advisory Committee continues its work to revise and update the Distance Education Guidelines to align with new Title 5 revisions. There is no final date for the guideline revision to be completed.
For the Full Text of the DE Regulations and Guidelines visit the Chancellor's Office Website. Keep in mind that these guidelines are currently being revised (Feb. 2019).
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Accessibility for Students with Disabilities: (Title 5 Regulations 55200, Section 508 of the Rehabilitation Act, Americans with Disabilities Act)
All online teaching materials/courses have to be able to be accessed by students with disabilities when they are published. Students do not have to declare their disabilities by applying for DSPS services, therefore, they could be in an online course and not have obvious accommodation needs. There are some simple steps instructors and instructional designers can take to make courses accessible. Litigation is a real threat. For more information on the law and how to create accessible courses/materials, see the Accessibility Support pages at the CVC-OEI website.
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Student Authentication: How do you verify that the student taking the class is the student enrolled? (USDOE Concern in the Higher Education Opportunity Act of 2008, followed by federal rule making) . It is expected that this will change through the 2019 revision process.
Institutions must use:
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Last Day of Attendance (LDA) for DE: The LDA must be documented to verify that appropriate financial aid funding is distributed. LDA is a Federal Regulation requiring faculty members to determine when a student stopped "attending" an online class. Two requirements apply:
State Authorization: New State Authorization of Postsecondary Distance Education, Foreign Locations (2016)
In July 2016, the USDOE released proposed federal regulations for the state authorization of distance education. The regulation offered opportunity for comment. The USDOE released the regulations for State Authorization of Postsecondary Distance Education, Foreign Locations on December 19, 2017 with an effective date of July 1, 2018. As of 2019, the regulation still stands.
Highlights of the 2016 federal regulations include:
Additionally, some states require you to gain authorization for teachers you may have teaching online from another state. Hopefully, there will be more on this in Spring 2019. For a list of state contacts for approval, visit the SHEEO web site.
(Source: WCET State Authorization Background) More WCET State Authorization Resources, such as cost and state contact information can be found at the WCET State Authorization Resources Page.
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Attendance Accounting: The procedure for calculating apportionment for online courses is the Alternative Attendance Accounting Procedure. See slides 8-12 of the presentation linked here. DE Attendance Accounting for information. There is also a full description in the Distance Education Regulations and Guidelines, linked earlier in this page.
Examples: Below are a few resources that will help you develop your DE management knowledge base!
Program Requirements: The Online Education Initiative has developed an ecosystem of resources that fulfill the ACCJC and USDOE Requirements that services that are available for face-to-face students, also be available to online students. Many of the resources are free to all CCC's, others are available at a reduced price (negotiated for the system) through the Foundation for the California Community Colleges.
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Evaluation Guidelines: Evaluation of the instructor in an online class can be tricky for someone not familiar with course design or effective online teaching practice. The guide below (.pdf file download) will help you determine what to look for as you take on the role of evaluator. Faculty evaluation processes are the purview of both the Academic Senate and your union body. Work with both groups to create a formative environment for evaluation. Having specific evaluation tools for online instruction is critical to getting a clear picture of how well your faculty and your college is doing. Don't use the same forms for face-to-face evaluation and student surveys, for the online assessment.
Additional Note: In the Data Mart from the Chancellor's Office, the following are types of distance education that can be selected when searching for data about certain types of DE programs. If they seem outdated, it is because they are! Number 3 below is generally considered online format.
1. Audio one-way (audio cassette, radio etc.
2. Delayed Instruction
3. Delayed Interaction (Internet Based) .
4. One-way interactive video and two-way interaction
5. Other passive medium
6. Other simultaneous interactive medium
7. Simultaneous Interaction (Internet Based)
8. Text oe-way (e.g. Newspaper, correspondence)
9. Two-way interactive audio only
10.Two-way interactive video and audio
11.Video one-way (e.g. ITV, video cassette, etc.)
DE Regulations Excerpts (Title 5)
Please note that the regulations have been revised. The complete language is available at the link below. This is a summary of the changes.
The Secretary of State and the Office of Administrative Law approved changes to five sections of article 1 of subchapter 3 of chapter 6 of division 6 of title 5 of the California Code of Regulations on Friday, February 15, 2019. The Board of Governors had previously approved the changes.
Here is a link to the complete language from the approved Form 400 and final text
Here is a very brief synopsis of the changes:
§ 55200. Definition and Application. Amended to add time and/or distance to the definition. Removes ambiguity to say that instruction provided through DE is subject to the Americans with Disabilities Act and Section 508 of the Rehabilitation Act of 1973.
§ 55202. Course Quality Standards. Language change only to move from ‘traditional’ classroom to ‘in-person’ class.
§ 55204. Instructor Contact. Amended to specify that regular effective contact must be among students in addition to between instructor and students.
§ 55206. Separate Course Approval. Amends to require an addendum that addresses how course outcomes will be achieved in a DE format, how regular effective communication will be achieved, and how the course will meet accessibility requirements.
§ 55208. Faculty Selection and Workload. Inserts language stating that ”instructors of distance education shall be prepared to teach in a distance education delivery method consistent with local district policies and negotiated agreements
The Distance Education and Education Technology Advisory Committee continues its work to revise and update the Distance Education Guidelines to align with new Title 5 revisions. There is no final date for the guideline revision to be completed.
For the Full Text of the DE Regulations and Guidelines visit the Chancellor's Office Website. Keep in mind that these guidelines are currently being revised (Feb. 2019).
------------------------------------------------------------------------------
Accessibility for Students with Disabilities: (Title 5 Regulations 55200, Section 508 of the Rehabilitation Act, Americans with Disabilities Act)
All online teaching materials/courses have to be able to be accessed by students with disabilities when they are published. Students do not have to declare their disabilities by applying for DSPS services, therefore, they could be in an online course and not have obvious accommodation needs. There are some simple steps instructors and instructional designers can take to make courses accessible. Litigation is a real threat. For more information on the law and how to create accessible courses/materials, see the Accessibility Support pages at the CVC-OEI website.
------------------------------------------------------------------------------
Student Authentication: How do you verify that the student taking the class is the student enrolled? (USDOE Concern in the Higher Education Opportunity Act of 2008, followed by federal rule making) . It is expected that this will change through the 2019 revision process.
Institutions must use:
- secure log-in and password, OR
- proctored examinations, OR
- and/or new or other technologies and/or practices that are developed and effective in verifying each student’s identification
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Last Day of Attendance (LDA) for DE: The LDA must be documented to verify that appropriate financial aid funding is distributed. LDA is a Federal Regulation requiring faculty members to determine when a student stopped "attending" an online class. Two requirements apply:
- Simply logging in to an online class does not constitute attendance, therefore, digital log on statistics are not, by themselves, valid in determining attendance
- Attendance is defined as students participation in meaningful academic activities. For more information see the LDA Page of this site.
State Authorization: New State Authorization of Postsecondary Distance Education, Foreign Locations (2016)
In July 2016, the USDOE released proposed federal regulations for the state authorization of distance education. The regulation offered opportunity for comment. The USDOE released the regulations for State Authorization of Postsecondary Distance Education, Foreign Locations on December 19, 2017 with an effective date of July 1, 2018. As of 2019, the regulation still stands.
Highlights of the 2016 federal regulations include:
- Authorization by each State in which the institution of higher education (IHE) enrolls students if authorization is required.
- Reciprocity is sufficient authorization.
- Public and direct notifications and disclosures are required for specific information.
- Additional locations or branch campuses in a foreign location must be authorized.
Additionally, some states require you to gain authorization for teachers you may have teaching online from another state. Hopefully, there will be more on this in Spring 2019. For a list of state contacts for approval, visit the SHEEO web site.
(Source: WCET State Authorization Background) More WCET State Authorization Resources, such as cost and state contact information can be found at the WCET State Authorization Resources Page.
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Attendance Accounting: The procedure for calculating apportionment for online courses is the Alternative Attendance Accounting Procedure. See slides 8-12 of the presentation linked here. DE Attendance Accounting for information. There is also a full description in the Distance Education Regulations and Guidelines, linked earlier in this page.
Examples: Below are a few resources that will help you develop your DE management knowledge base!
Program Requirements: The Online Education Initiative has developed an ecosystem of resources that fulfill the ACCJC and USDOE Requirements that services that are available for face-to-face students, also be available to online students. Many of the resources are free to all CCC's, others are available at a reduced price (negotiated for the system) through the Foundation for the California Community Colleges.
------------------------------------------------------------------------------
Evaluation Guidelines: Evaluation of the instructor in an online class can be tricky for someone not familiar with course design or effective online teaching practice. The guide below (.pdf file download) will help you determine what to look for as you take on the role of evaluator. Faculty evaluation processes are the purview of both the Academic Senate and your union body. Work with both groups to create a formative environment for evaluation. Having specific evaluation tools for online instruction is critical to getting a clear picture of how well your faculty and your college is doing. Don't use the same forms for face-to-face evaluation and student surveys, for the online assessment.
| evaluation_guidelines.pdf |
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Visitation Protocols: It is the responsibility of the administration to be sure that the classes taught are in compliance with college policies, Title 5 Regulations, and Federal mandates. Consider how you make sure that your classes on campus are actually meeting and that the classroom environment is appropriate for the students. It is important that the instructional administrator be able to visit an online class outside of the normal evaluation cycle, particularly when concerns arise from student complaints. When you enter a face-to-face class, the instructor knows you are there, however, when you enter an online class, it may not be so obvious. The document below was developed at Mt. San Jacinto College by instructional deans in collaboration with the local union. It provides a protocol for administrators to "visit" an online class that also respects the instructors right to know there is someone in the "room".
Visitation Protocols: It is the responsibility of the administration to be sure that the classes taught are in compliance with college policies, Title 5 Regulations, and Federal mandates. Consider how you make sure that your classes on campus are actually meeting and that the classroom environment is appropriate for the students. It is important that the instructional administrator be able to visit an online class outside of the normal evaluation cycle, particularly when concerns arise from student complaints. When you enter a face-to-face class, the instructor knows you are there, however, when you enter an online class, it may not be so obvious. The document below was developed at Mt. San Jacinto College by instructional deans in collaboration with the local union. It provides a protocol for administrators to "visit" an online class that also respects the instructors right to know there is someone in the "room".
| classroom_visitation_protocol_for_online_courses.pdf |