U.S. Education Department Must Better Serve Nebraska and Students

Press Release

Nebraska's Senator Ben Nelson has called on the U.S. Department of Education to abandon enforcement of a burdensome regulation on colleges and universities across Nebraska that would jeopardize distance learning programs for students.

In a letter this week to Education Secretary Arne Duncan, Sen. Nelson said he is disappointed in the regulation that would expand federal requirements for colleges and universities across the country to receive state certification of distance learning programs.

"It is unfortunate and disappointing that officials at the Department of Education failed to adequately consider the impact of this regulation before creating uncertainty amongst higher education leaders in all 50 states, an error in judgment which ultimately led to the Department having to delay enforcement of this provision," Nelson wrote to Duncan. "…I do hope your agency will abandon further efforts at enforcing this misguided rule and instead pursue more cost-effective means to assist our nation's colleges and universities, rather than deterring them from providing post-secondary educational opportunities."

Nelson said he hoped this concern and others raised by Nebraska educators and constituents about the Department of Education will be addressed by Duncan in his visit to Nebraska this week.

"The flawed distance learning regulation is just one example of the disconnect that seems to exist between the U.S. Department of Education and Nebraskans," Nelson said in a statement. "Nebraska education leaders and constituents have also raised concerns about several other federal proposals they say are not in the best interests of students."

For example, at the elementary and secondary education level, the Department of Education's proposal for the reauthorization of No Child Left Behind--which Nelson voted against--includes proposals that are built for urban cities, not rural states such as Nebraska. The Department would link federal funding for struggling schools to reform proposals that would require the school district to fire the school's principal, fire half of the school's teachers, create a charter school or shut down the school entirely. These so-called "turnaround" models are not reasonable options for success in rural Nebraska, where charter schools don't make sense, personnel numbers are limited and high schools represent the community hub for entire counties, Nelson has heard from Nebraska educators.

Furthermore, the Department also pushes for a greater reliance on competitive funding. Rather than spending hours filling out grant applications to compete against more well-funded school districts, Nebraska educators would rather spend their time teaching students and running their schools, Nebraska constituents have told Nelson.

Concerning the distance learning regulation, it affects many colleges and universities that offer distance learning programs where students can earn a degree online, including the University of Nebraska.

In many states, distance education allows nontraditional students and students in rural communities to complete degrees with more flexibility and at a lower cost. The University of Nebraska, for example, has one of the longest running distance education programs in the country. It has operated continuously since 1909.

Today, the University offers approximately 80 bachelor's, master's, doctorate and specialist degree programs to more than 20,000 students in the United States and around the world.

"Requiring the University to seek approval in every state where they have a student enrolled imposes an unnecessarily cumbersome and costly process on an institution whose distance learning program has thrived for more than 100 years," said Nelson.

In an April 19, 2011, letter to Nelson, J.B. Milliken, President of the University of Nebraska, said the new regulation is causing "great uncertainty" for states, colleges and universities. The ability of reputable and established institutions to continue distance learning programs "is now in doubt," he wrote.

"Prospective students face confusion and uncertainty about on-line degree programs authorized in their state and the implications for their educational and career goals," Milliken wrote. "The impact and timing--when on-line education has become such an important means of student access and the President wants America to lead the world again in educational attainment--could not be worse."

The text of Nelson's letter follows:

April 26, 2011
The Honorable Arne Duncan, Secretary
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-0008

Dear Mr. Secretary:

I am writing today to express my disappointment with the Department of Education's regulation on state authorization of distance education (34 C.F.R. § 600.9).

Colleges and universities across my home state of Nebraska have alerted me that the guidance released in March 2011 misses the mark in a significant way and will result primarily in burdensome bureaucratic challenges for legitimate institutions of higher education, rather than increased quality. In fact, it has already come to my attention that some states are attempting to leverage this rule to require colleges to pay significant fees in order to obtain the needed authorization, even though enforcement of the rule has been delayed. The concern has been raised that this regulation will manifest itself into additional fees being forced upon those colleges across our nation offering accredited, quality online degree programs.

In many rural states, such as Nebraska, distance education allows nontraditional students and students in rural communities to complete degrees with more flexibility and at a lower cost. The University of Nebraska, for example, has one of the longest running distance education programs in the country, operating continuously since 1909. Today, the University offers approximately 80 bachelor's, master's, doctorate and specialist degree programs to more than 20,000 students in the United States and around the world. To require the University of Nebraska to now seek approval in every state where they have a student enrolled imposes an unnecessarily cumbersome and costly process on an institution whose distance learning program has thrived for more than 100 years.

Providing students with access to higher education is crucial to the long-term economic success of our nation and will help accomplish President Obama's goal of having the highest proportion of college graduates in the world by the year 2020. It appears that Regulation 600.9 may have the opposite effect should established institutions be forced to cease operations in certain states due to overly burdensome new state authorization provisions.

Mr. Secretary, it is unfortunate and disappointing that officials at the Department of Education failed to adequately consider the impact of this regulation before creating uncertainty amongst higher education leaders in all 50 states, an error in judgment which ultimately led to the Department having to delay enforcement of this provision. While I understand the regulation cannot be repealed through the administrative process, I do hope your agency will abandon further efforts at enforcing this misguided rule and instead pursue more cost-effective means to assist our nation's colleges and universities, rather than deterring them from providing post-secondary educational opportunities.

Thank you for your consideration of my concerns, Mr. Secretary. I look forward to your response.

Sincerely,

E. Benjamin Nelson
United States Senator

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