Higher Learning Commission

A proposed change to HLC’s Assumed Practices and recent updates from the U.S. Department of Education will affect HLC requirements related to faculty qualifications, distance education and additional locations. 

Faculty Qualifications: What Does This Proposed Policy Change Mean? 

At its June 2023 Board meeting, the HLC Board of Trustees approved on first reading changes to HLC’s Assumed Practices related to an institution’s policies and procedures for faculty qualifications. These policy changes are now open for member comment and will return to the Board of Trustees to consider adoption on second reading at the November 2023 Board meeting. 

HLC's robust quality assurance regarding faculty qualifications is demonstrated by its requirements, especially in Criteria 3 and 4, as well as the Assumed Practices. The intent of HLC requirements is to allow institutions flexibility to meet the requirements based on mission and related factors. 

The proposed policy change emphasizes that an accredited institution must have policies and procedures to assure that its instructors are qualified. This is an accredited institution's responsibility. If the institution issues credit for a course, even if the course is offered by other entities, instructors must meet the accredited institution's policies and procedures on qualifications. An institution could deem instructors qualified based on a variety of factors, including, but not limited to, academic credentials, progress toward academic credentials, equivalent experience, or some combination thereof. 

This proposed change in HLC policy is a result of member feedback and the need to clarify the intent of HLC’s requirements as to this aspect of demonstrating the quality assurance of teaching and learning taking place at the member institution. 

Activities that member institutions have been doing to meet the current requirement will continue to contribute to the institution’s ability to meet the requirement in the future, as the revised requirements focus on the policies and procedures the institution has in place to assure that all instructors are qualified. 

Waivers that have previously been granted in this area will continue to remain in place until September 2025. 

Federal Clarifications of Distance Education Requirements    

In January 2021, the U.S. Department of Education (USDE) informed accreditors and institutions that the previous administration had rescinded Dear Colleague Letter-06-17 because it conflicted with federal regulations that reference programs offered “in whole or in part” through telecommunications for purposes of Title IV Eligibility (34 CFR 668.8(m)).  

This change meant that if an institution offers any program in whole or in part through distance education—even as little as one distance education course in an otherwise in-person program—it would need to be evaluated and approved to offer distance education programs by its accreditor.  

For that reason, HLC strongly encouraged institutions that were not already approved for the highest stipulation level for distance education offerings ("courses and programs") to review their current offerings and apply for the appropriate level of HLC approval.  

HLC, along with the Council of Regional Accrediting Agencies, recognized the burden this interpretation represented for institutions and communicated it to the USDE. On May 18, 2023, the USDE published a Dear Colleague Letter clarifying previously issued guidance on distance education.  

Current guidance now provides the following:  

After an institution has been approved to offer distance education by its accrediting agency, an institution may offer distance education programs without further accreditor approval – unless and until an institution, during an award year, offers at least 50 percent of a program through distance education, enrolls at least 50 percent of its students through distance education, or offers at least 50 percent of its courses through distance education (“50 percent threshold”). For purposes of these calculations, a student is “enrolled in distance education” if the student enrolls in at least one course offered through distance education. (DCL ID: Gen-23-09).

This guidance reintroduces the “50% rules” that higher education had been familiar with in the context of distance education. However, the last sentence explains what institutions should take into account in determining whether 50% of their students are enrolled in distance education.    

Accreditation Liaison Officers and chief executive officers can view their institution’s HLC distance education stipulations in their Institutional Status and Requirements Report or Institution Profile in Canopy. HLC is reviewing its distance education stipulations and other materials to ensure this latest guidance is fully incorporated.  

Federal Definition of Additional Locations Expands as of July 1 to Include Correctional Facilities  

Effective July 1, 2023, the USDE has expanded the federal definition of the term “additional location” to include correctional facilities. 

Under the federal regulations, correctional facilities include “a federal, state, or local penitentiary, prison, jail, reformatory, work farm, juvenile justice facility or other similar correctional institution” (34 CFR § 600.2).  

The expansion of the definition of “additional location” to include correctional facilities reflects the USDE’s interest in ensuring that students who are incarcerated be provided education that meets the same academic standards as those who are not incarcerated.  

With the exception of institutions participating in the Revised Second Chance Pell Experimental Sites Initiative, all institutions that offer instruction at correctional facilities are encouraged to take an inventory of their instructional activities at correctional facilities even if they have been offering instruction at such facilities for long periods of time.   

If it is possible for one or more students to achieve 50% or more of a certificate or degree program the institution issues at the correctional facility, such institutions must seek HLC approval for these instructional sites as additional locations, if they have not already done so, or notify HLC about these locations, if they have access to HLC’s Notification Program for Additional Locations.   

This inventory and applicable follow up with HLC is necessary even if the institution does not offer prison education that it intends ultimately to be considered a Pell-eligible prison education program within the meaning of the federal regulations. It is also necessary where instruction is offered primarily (or exclusively) via distance education or correspondence education.  

Finally, this requirement applies to scenarios where other institutions or entities have partnered with the institution that ultimately issues the certificate or degree to the incarcerated student.   

In sum, any institution that issues a credential where it is possible for an incarcerated student to complete 50% or more of that credential at a correctional facility is responsible for either ensuring proper HLC approvals have been secured or, if only notification is required, ensuring such notification has been made. HLC is reviewing its substantive change materials to incorporate this new definition. 

Exceptions for Institutions in the Revised Second Chance Pell Experimental Sites Initiative

Only institutions that previously participated in a U.S. Department of Education-sponsored Second Chance Pell Experimental Sites Initiative (SCP-ESI) and that have accepted invitations to continue in the Revised SCP-ESI may be exempt from these requirements.  

Please notify HLC of your participation in the Revised SCP-ESI at This email address is being protected from spambots. You need JavaScript enabled to view it..  

Such institutions must notify HLC of their participation in the Revised SCP-ESI as soon as possible. (Note that institutions that did not previously participate in any SCP-ESIs are ineligible to participate in the Revised SCP-ESI.)