Due to the recent unrest in the world, the Department of Education has published guidance for institutions that have satellite programs in countries that are affected by national emergencies. The guidance is posted below and a full FAQ section is available here.
POSTED DATE: November 06, 2023
AUTHOR: Office of Postsecondary Education
ELECTRONIC ANNOUNCEMENT ID: GENERAL-23-93
SUBJECT: Guidance for Institutions Impacted by National Emergencies in Foreign Countries
In this document, we provide guidance to institutions located in countries that have a declared national emergency and requirements under Title IV of the Higher Education Act of 1965 (Title IV) that may apply in emergency circumstances.
Distance Education Offered by Foreign Institutions
During a national emergency in a foreign country, a foreign institution in that country may need to cease on-campus coursework. In specific cases that meet a set of required criteria, the Department of Education (Department) may use its authority under Section 3510 of the CARES Act (P.L. 116–136) to consider applications from institutions for a waiver of the prohibition on a foreign institution offering distance education to a Direct Loan recipient. The CARES Act permits the Department to waive limitations on distance education and written arrangements for a foreign institution if a national emergency has been declared in the foreign country where the institution is located. This authority applies only to declared national emergencies, and does not apply to disasters or closures that are not part of a national emergency.
The Department will consider granting a waiver of the prohibition on distance education on a case-by-case basis upon request by an institution. The waiver, if approved, will be granted retroactively to the date a national emergency was declared. Unless the Secretary notifies an institution otherwise, the waiver will last until the end of an institution’s first payment period that begins after the end of the declared national emergency.
A foreign institution that seeks a waiver of the prohibition on offering distance education must contact its School Participation Division (SPD) to request the waiver. When contacting the SPD, the institution should provide the following information:
- The name of the institution and its OPE ID number;
- The national emergency declared by the country in which the school is located under which the school is seeking the waiver and supporting documentation of such national emergency;
- An explanation of any temporary interruption of in-person classes, the institution’s plan for dealing with such interruption, and the institution’s expected resumption of in-person classes;
- An attestation that the school has the capability and is ready to provide high-quality distance education coursework to currently enrolled students that meets the requirements of the institution’s accrediting agency or government oversight body that authorizes the institution under 34 CFR 600.54(g); and
- Information about the Title IV-eligible programs for which the institution is offering or plans to offer coursework through distance education, including the names of the programs, the number of U.S. students enrolled in each program, and whether students in those programs have confirmed they will attend through distance education.
If the Department waives the prohibition on distance education for an institution, the institution will be required to report its use of distance education to the Department no later than 30 days after it begins offering coursework online to Direct Loan recipients. The institution’s SPD will provide more information on specific reporting requirements when it grants the waiver.
Note that in order to meet the Department’s requirements for providing distance education, an institution must communicate to students through one of several types of technology – including email or by telephone – described under the definition of distance education in 34 CFR § 600.2, and instructors must initiate substantive communication with students, either individually or collectively, on a regular basis. In other words, an instructor may use email to provide instructional materials to students enrolled in the instructor’s class, use chat features to communicate with students, set up conference calls to facilitate group conversations, engage in email exchanges, or require students to submit work electronically that the instructor will evaluate.
The Department has received numerous other questions from institutions regarding students who are located in countries that have experienced a national emergency. Below is a series of questions and answers to assist institutions and their students during the emergency situations.
SOURCE: (GENERAL-23-93) Guidance for Institutions Impacted by National Emergencies in Foreign Countries