20 U.S.C. § 1093 : US Code - Section 1093: Distance education demonstration programs

Search 20 U.S.C. § 1093 : US Code - Section 1093: Distance education demonstration programs

(a) Purpose
It is the purpose of this section -
(1) to allow demonstration programs that are strictly monitored
by the Department of Education to test the quality and viability
of expanded distance education programs currently restricted
under this chapter;
(2) to provide for increased student access to higher education
through distance education programs; and
(3) to help determine -
(A) the most effective means of delivering quality education
via distance education course offerings;
(B) the specific statutory and regulatory requirements which
should be altered to provide greater access to high quality
distance education programs; and
(C) the appropriate level of Federal assistance for students
enrolled in distance education programs.
(b) Demonstration programs authorized
(1) In general
In accordance with the provisions of subsection (d) of this
section, the Secretary is authorized to select institutions of
higher education, systems of such institutions, or consortia of
such institutions for voluntary participation in a Distance
Education Demonstration Program that provides participating
institutions with the ability to offer distance education
programs that do not meet all or a portion of the sections or
regulations described in paragraph (2).
(2) Waivers
The Secretary is authorized to waive for any institution of
higher education, system of institutions of higher education, or
consortium participating in a Distance Education Demonstration
Program, the requirements of section 1087ll(5) of this title as
the section relates to computer costs, sections 1088(a) and
1088(b) of this title as such sections relate to requirements for
a minimum number of weeks of instruction, sections 1002(a)(3)(A),
1002(a)(3)(B), and 1091(l)(1) of this title, or one or more of
the regulations prescribed under this part or part E of this
subchapter which inhibit the operation of quality distance
education programs.
(3) Eligible applicants
(A) Eligible institutions
Except as provided in subparagraphs (B), (C), and (D), only
an institution of higher education that is eligible to
participate in programs under this subchapter and part C of
subchapter I of chapter 34 of title 42 shall be eligible to
participate in the demonstration program authorized under this
section.
(B) Prohibition
An institution of higher education described in section
1002(a)(1)(C) of this title shall not be eligible to
participate in the demonstration program authorized under this
section.
(C) Special rule
Subject to subparagraph (B), an institution of higher
education that meets the requirements of subsection (a) of
section 1002 of this title, other than the requirement of
paragraph (3)(A) or (3)(B) of such subsection, and that
provides a 2-year or 4-year program of instruction for which
the institution awards an associate or baccalaureate degree,
shall be eligible to participate in the demonstration program
authorized under this section.
(D) Requirement
Notwithstanding any other provision of this paragraph,
Western Governors University shall be considered eligible to
participate in the demonstration program authorized under this
section. In addition to the waivers described in paragraph (2),
the Secretary may waive the provisions of subchapter I of this
chapter and this part and part G of this subchapter for such
university that the Secretary determines to be appropriate
because of the unique characteristics of such university. In
carrying out the preceding sentence, the Secretary shall ensure
that adequate program integrity and accountability measures
apply to such university's participation in the demonstration
program authorized under this section.
(c) Application
(1) In general
Each institution, system, or consortium of institutions
desiring to participate in a demonstration program under this
section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require.
(2) Contents
Each application shall include -
(A) a description of the institution, system, or consortium's
consultation with a recognized accrediting agency or
association with respect to quality assurances for the distance
education programs to be offered;
(B) a description of the statutory and regulatory
requirements described in subsection (b)(2) of this section or,
if applicable, subsection (b)(3)(D) of this section for which a
waiver is sought and the reasons for which the waiver is
sought;
(C) a description of the distance education programs to be
offered;
(D) a description of the students to whom distance education
programs will be offered;
(E) an assurance that the institution, system, or consortium
will offer full cooperation with the ongoing evaluations of the
demonstration program provided for in this section; and
(F) such other information as the Secretary may require.
(d) Selection
(1) In general
For the first year of the demonstration program authorized
under this section, the Secretary is authorized to select for
participation in the program not more than 15 institutions,
systems of institutions, or consortia of institutions. For the
third year of the demonstration program authorized under this
section, the Secretary may select not more than 35 institutions,
systems, or consortia, in addition to the institutions, systems,
or consortia selected pursuant to the preceding sentence, to
participate in the demonstration program if the Secretary
determines that such expansion is warranted based on the
evaluations conducted in accordance with subsections (f) and (g)
of this section.
(2) Considerations
In selecting institutions to participate in the demonstration
program in the first or succeeding years of the program, the
Secretary shall take into account -
(A) the number and quality of applications received;
(B) the Department's capacity to oversee and monitor each
institution's participation;
(C) an institution's -
(i) financial responsibility;
(ii) administrative capability; and
(iii) program or programs being offered via distance
education; and
(D) ensuring the participation of a diverse group of
institutions with respect to size, mission, and geographic
distribution.
(e) Notification
The Secretary shall make available to the public and to the
Committee on Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House of
Representatives a list of institutions, systems or consortia
selected to participate in the demonstration program authorized by
this section. Such notice shall include a listing of the specific
statutory and regulatory requirements being waived for each
institution, system or consortium and a description of the distance
education courses to be offered.
(f) Evaluations and reports
(1) Evaluation
The Secretary shall evaluate the demonstration programs
authorized under this section on an annual basis. Such
evaluations specifically shall review -
(A) the extent to which the institution, system or consortium
has met the goals set forth in its application to the
Secretary, including the measures of program quality assurance;
(B) the number and types of students participating in the
programs offered, including the progress of participating
students toward recognized certificates or degrees and the
extent to which participation in such programs increased;
(C) issues related to student financial assistance for
distance education;
(D) effective technologies for delivering distance education
course offerings; and
(E) the extent to which statutory or regulatory requirements
not waived under the demonstration program present difficulties
for students or institutions.
(2) Policy analysis
The Secretary shall review current policies and identify those
policies that present impediments to the development and use of
distance education and other nontraditional methods of expanding
access to education.
(3) Reports
(A) In general
Within 18 months of the initiation of the demonstration
program, the Secretary shall report to the Committee on Labor
and Human Resources of the Senate and the Committee on
Education and the Workforce of the House of Representatives
with respect to -
(i) the evaluations of the demonstration programs
authorized under this section; and
(ii) any proposed statutory changes designed to enhance the
use of distance education.
(B) Additional reports
The Secretary shall provide additional reports to the
Committee on Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House of
Representatives on an annual basis regarding -
(i) the demonstration programs authorized under this
section; and
(ii) the number and types of students receiving assistance
under this subchapter and part C of subchapter I of chapter
34 of title 42 for instruction leading to a recognized
certificate, as provided for in section 1091(l)(1) of this
title, including the progress of such students toward
recognized certificates and the degree to which participation
in such programs leading to such certificates increased.
(g) Oversight
In conducting the demonstration program authorized under this
section, the Secretary shall, on a continuing basis -
(1) assure compliance of institutions, systems or consortia
with the requirements of this subchapter and part C of subchapter
I of chapter 34 of title 42 (other than the sections and
regulations that are waived under subsections (b)(2) and
(b)(3)(D) of this section);
(2) provide technical assistance;
(3) monitor fluctuations in the student population enrolled in
the participating institutions, systems or consortia; and
(4) consult with appropriate accrediting agencies or
associations and appropriate State regulatory authorities.
(h) "Distance education" defined
For the purpose of this section, the term "distance education"
means an educational process that is characterized by the
separation, in time or place, between instructor and student. Such
term may include courses offered principally through the use of -
(1) television, audio, or computer transmission, such as open
broadcast, closed circuit, cable, microwave, or satellite
transmission;
(2) audio or computer conferencing;
(3) video cassettes or discs; or
(4) correspondence.