Regulatory Agency and Selected Accreditor Resources for Higher Education Institutions Regarding COVID-19 Pandemic

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Authors: John R. Przypyszny , Jonathan D. Tarnow , Cindy Irani , Sarah L. Pheasant

Updated as of March 29, 2021

Higher education institutions worldwide are striving to meet their students’ educational needs while working to reduce and decelerate the spread of COVID-19, commonly known as the coronavirus. In view of guidance from the Centers for Disease Control and Prevention (CDC) and other public health authorities, many educational institutions have moved to online instruction, extended their spring or fall break periods, shortened or shifted their academic year, or have otherwise departed from the normal course of business.

Because of the highly regulated nature of higher education, it is important that institutions remain mindful of the statutory and regulatory constraints that continue to apply at this time. Since the onset of the COVID-19 pandemic, the U.S. Department of Education (ED) has provided updated and ongoing guidance regarding the administration of the Title IV federal student aid programs, study abroad, stimulus funds provided under the Coronavirus, Aid, Relief, and Economic Security (CARES) Act and other matters. Institutional accreditors are also providing guidance regarding the transition to online coursework and are canceling upcoming site visits. Programmatic accreditors are providing guidance relating to this public health emergency, including with respect to clinical coursework, which is often the capstone to programs in the health professions. (For instance, certain programmatic accreditors are not changing clinical requirements at all, while others are providing limited flexibility in specific circumstances.) Other federal regulators are providing guidance on other key matters, such as the availability of veterans’ education benefits and the status of international students whose U.S. institutions are taking emergency measures to address COVID-19. Higher education institutions are therefore advised to keep abreast of the latest guidance provided by federal and state regulators, as well as by their institutional and programmatic accrediting bodies, during this protracted period of non-standard operations.

Below, please find links to the most recent guidance provided by ED and other pertinent federal agencies, institutional accreditors, certain programmatic accreditors, and certain interstate commissions and higher education organizations with respect to COVID-19 and related exigencies. We encourage you to review the relevant guidance, as well as any guidance from pertinent state educational authorities, for its potential application to your institution. Should you have any questions regarding these or other educational regulatory matters, please do not hesitate to contact any member of our Education team, or your usual Faegre Drinker contact.

Centers for Disease Control and Prevention

Guidance for Institutions of Higher Education: See guidance here.
Guidance for Schools and Child Care Programs: See guidance here.

U.S. Department of Education

COVID-19 ("Coronavirus") Information and Resources for Schools and School Personnel, guidance and other materials regarding emergency regulatory waivers and policy changes: See guidance here.
CARES Act Education Stabilization Fund (General Information): See guidance here.
- Higher Education Emergency Relief Fund: See guidance here.
- Elementary and Secondary School Emergency Relief Fund: See guidance here.
- Governor’s Emergency Education Relief Fund: See guidance here.
- Education Stabilization Fund Discretionary Grants: See guidance here.
Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA): Higher Education Emergency Relief Fund (HEERF II): See guidance here.
May 6, 2020 Electronic Announcement Regarding Higher Education Emergency Relief Reporting - Emergency Financial Aid Grants to Students: See guidance here.
May 15, 2020 Updated Guidance for interruptions of study related to Coronavirus (Updated June 16, 2020): See guidance here.
July 10, 2020 Electronic Announcement Regarding Additional Regulatory Flexibilities Related to Coronavirus: See guidance here.
July 10, 2020 Electronic Announcement Regarding Update on Required CARES Act Quarterly Reporting: See guidance here.
August 21, 2020 Electronic Announcement Regarding Updated Deadlines for Flexibilities Related to Coronavirus: See guidance here.
October 6, 2020 Electronic Announcement Updating COVID-19 Title IV FAQ: See guidance here.
November 6, 2020 Electronic Announcement Regarding COD System Changes to Support the CARES Act (Updating Electronic Announcements first published July 30 and September 23, 2020): See guidance here.
January 15, 2021 Electronic Announcement Regarding Higher Education Emergency Relief Fund (HEERF) – Student Reporting Requirements: See guidance here.
January 15, 2021 Electronic Announcement Regarding Higher Education Emergency Relief Fund (HEERF) - Submitter/Editor Information Reporting Requirements: See guidance here.
January 15, 2021 Electronic Announcement Regarding Publication in the Federal Register of updated waivers and modifications of statutory and regulatory provisions under the HEROES Act: See guidance here.
January 19, 2021 Electronic Announcement Regarding Guidance on Accreditation and Eligibility Requirements for Distance Education: See guidance here.
January 22, 2021 Dear CPA Letter CPA-21-01, Extension of Site Visit Exemption During COVID-19 National Emergency: See guidance here.
March 19, 2021 Electronic Announcement Regarding Clarification of R2T4 Guidance Related to the COVID-19 National Emergency: See guidance here.

U.S. Department of Veterans Affairs

March 12, 2020 Notice (via Facebook post) — COVID-19 Virus Concerns and How It Affects Your Benefits: See guidance here.
March 23, 2020 Notice (via VA Official Blog post) — Veterans’ GI Bill Benefits to Continue During COVID-19 Pandemic: See guidance here.
Novel Coronavirus Disease (COVID-19) Public Health Information for Veterans: See guidance here.
COVID-19 FAQs for School Certifying Officials (updated to reflect the extension of certain flexibilities until December 21, 2021) : See guidance here.
COVID-19 Information Affecting Education Benefits (updated to reflect the extension of certain flexibilities until December 21, 2021): See guidance here.

U.S. Department of Homeland Security (Student and Exchange Visitor Program)

U.S. Immigration and Customs Enforcement Guidance on COVID-19: See guidance here.
March 9, 2020 Broadcast Message — Coronavirus Disease 2019 (COVID-19) and Potential Procedural Adaptations for F and M Nonimmigrant Students: See guidance here.
March 13, 2020 Guidance for SEVP Stakeholders: See guidance here.
Optional COVID-19 School Reporting Template: See guidance here.
August 7, 2020 Guidance for Reporting School Procedural Adaptations to SEVP: See guidance here.
FAQs for SEVP Stakeholders about COVID-19 (Last Updated August 7): See guidance here.

Accrediting Agencies

Council for Higher Education Accreditation (CHEA): See guidance regarding select accreditors here.

Select Institutional Accreditors

Higher Learning Commission (HLC): See guidance here.
Middle States Commission on Higher Education (MSCHE): See guidance here.
Northwest Commission on Colleges and Universities (NWCCU): See guidance here.
New England Commission of Higher Education (NECHE): See guidance here.
Southern Association of Colleges and Schools, Commission on Colleges (SACS): See guidance here.
WASC Senior College and University Commission (WASC Sr.): See guidance here.
WASC Accrediting Commission for Community and Junior Colleges (WASC Jr.): See guidance here.
Accrediting Commission of Career Schools and Colleges (ACCSC): See guidance here.
Accrediting Council for Independent Colleges and Schools (ACICS): See guidance here.
Council on Accreditation (COA): See guidance here.
Council on Occupational Education (COE): See guidance here.
Accrediting Council for Continuing Education & Training (ACCET): See guidance here.

Selected Programmatic Accreditors

Accrediting Bureau of Health Education Schools (ABHES): See guidance here.
Commission on Collegiate Nursing Education (CCNE): See guidance here .
American Bar Association Council of the Section of Legal Education and Admissions to the Bar (ABA): See guidance here.
American Occupational Therapy Association, Accreditation Council for Occupational Therapy Education (AOTA-ACOTE): See guidance here.
American Physical Therapy Association, Commission on Accreditation in Physical Therapy Education (APTA-CAPTE): See guidance here.
Commission on Dental Accreditation, American Dental Association (CODA): See guidance here.
Accreditation Council for Graduate Medical Education (ACGME): See guidance here

Interstate Commissions and Higher Education Organizations

National Council for State Authorization Reciprocity Agreements (NC-SARA): See guidance here
Western Interstate Commission for Higher Education (WICHE): See guidance here.
State Higher Education Executive Officers Association (SHEEO): See guidance here
National Association of Student Financial Aid Administrators (NASFAA): See guidance here.
National Association of College and Business Officers (NACUBO): See guidance here.
American Council on Education (ACE): See guidance here.
Association of Governing Boards of Universities and Colleges (AGB): See guidance here.