Bill Summary
This legislation, titled the "Providing Distance Education for Foreign Institutions Act," amends a section of the Higher Education Act to make distance education programs offered by foreign institutions of higher education eligible for federal funding. This eligibility is subject to certain conditions, including a limit on the percentage of the program that can be offered through distance education, an evaluation of the institution's ability to effectively deliver distance education, and a requirement that students be physically present in the country where the institution is located during distance education instruction. The legislation also clarifies that courses requiring more than 50% in-person attendance, with some distance education components, will not be considered primarily distance education courses.
Possible Impacts
1) This bill may affect students by expanding their options for distance education programs, potentially allowing them to enroll in programs offered by foreign institutions.
2) It may also impact the accreditation process for foreign institutions, requiring them to be evaluated and deemed capable of effectively delivering distance education programs.
3) The bill may also affect the physical presence of students, as it states that students must be physically present in the country where the institution is located during distance education instruction. This could potentially limit the ability of students to participate in programs if they are unable to travel to the country where the institution is located.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1168 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1168
To amend title IV of the Higher Education Act of 1965 to provide
program eligibility for distance education programs offered by foreign
institutions of higher education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2023
Mr. Braun (for himself and Mr. Kaine) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title IV of the Higher Education Act of 1965 to provide
program eligibility for distance education programs offered by foreign
institutions of higher education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Distance Education for
Foreign Institutions Act''.
SEC. 2. ELIGIBILITY OF DISTANCE EDUCATION PROGRAMS OFFERED BY FOREIGN
INSTITUTIONS OF HIGHER EDUCATION.
Section 481(b) of the Higher Education Act of 1965 (20 U.S.C.
1088(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4)(A) An otherwise eligible program that is offered by a foreign
institution and is offered in part through distance education is
eligible for the purposes of this title if--
``(i) not more than 12.5 percent of such program consists
of courses offered principally through distance education;
``(ii) the foreign institution has been evaluated and
determined by an outside oversight entity, such as an
accrediting agency or association or government entity, to have
the capability to effectively deliver distance education
programs; and
``(iii) the students receiving aid under this title are
physically present in the country where the foreign institution
is located during the distance education instruction.
``(B) In calculating the percentage of a program offered through
distance education for purposes of clause (i) of subparagraph (A), any
course that is part of such a program that requires a student's regular
in-person attendance for more than 50 percent of the instruction, but
also includes one or more distance education components as part of the
course, shall not be considered to be offered principally through
distance education.''.
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