Co-Executive Director of Learning Technology for the Colorado Community College System

1. What's around the corner? Clarifying Student Authentication in the Higher Education Opportunity Act of 2008

2. Presenters Rhonda Epper Kay Gilcher Co-Executive Director of Learning Technology for the Colorado Community College System Senior Policy Analyst, Office of Postsecondary Education, U.S. Department of Education Lori McNabb Fred Lokken Assistant Director, Student and Faculty Services, University of Texas System TeleCampus Chair of the Instructional Technology Council and Associate Dean of WebCollege, Truckee Meadows Community College What's around the corner? Clarifying Student Authentication in the Higher Education Opportunity Act of 2008

3. Higher Education Act – The Politics of Re-authorization Fred Lokken Chair Instructional Technology Council

4. HEA Re-authorization • Legislative Background: • The act had been under review by Congress for the past nearly 6 years • Various controversies – including the Spellings Commission – had delayed progress • In the past 18 months, there had been a renewed effort to pass a re-authorization bill • The bill passed the House in September 2007 – for many, it was unexpected

5. HEA Re-authorization • Instructional Technology Council involvement • The ITC alerted its members of the proposed DE language last fall • Our Executive Director contacted a lobbyist of the AACC to receive more detailed information about the bill, expectations for passage, and to share our concerns about the current wording – we proposed that the language be amended to apply to institutions with “greater than 50% of its annual enrollment online” – but it was too late for that

6. HEA Re-authorization • Our initial concerns: • Unclear as to the motivation of the language – what problem was being addressed? • Was there data to confirm a problem existed – in other words, why had the language been inserted in the bill? • As we move forward, how will the privacy rights of students be protected (in our quest to authenticate a student’s identify)? Really, what is appropriate • Online education should not be put to a higher standard of expectation than traditional instruction (security/ethical concerns exist there too)

7. HEA Re-authorization • ITC involvement • We continued to work with our AACC lobbyist throughout the spring of 2008 • In May, we again alerted our membership and encouraged them to contact their legislators to express their concern • We contacted the offices of Senator Harry Reid and Senator John Ensign (both from Nevada) – and worked with their educational liaisons to insert language in the “clarifying language” section regarding both the intent of the DE language and our concerns about student privacy

8. HEA Re-authorization • Outcomes: • The clarifying language addressed the concerns we had: • Focus is on “authenticating” the student – there is no need to place an undue burden of cost on students • Affirmed privacy protection for our students • We learned the importance of being involved earlier in legislation (potential for greater impact)

9. Higher Education Opportunity Act Distance Education Provisions Kay Gilcher Senior Policy Analyst

10. Higher Education Opportunity Act (HEOA) • Reauthorization of the HEA – signed into law on August 14, 2008 • Public Law 110-315 • Provisions effective upon enactment unless otherwise specified • Changes affecting distance education in Title I and Title IV

11. Title I – General Provisions • “Distance education” replaces “telecommunications course” • The use of one or more technologies (specified in definition) • To deliver instruction to students who are separated from the instructor and • To support regular and substantive interaction between the students and the instructor, either synchronously or asynchronously. • Mirrors definition of “telecommunications course” in regs as amended on Aug 9, 2006

12. Title I – New NACIQI • National Advisory Committee on Institutional Quality and Integrity (NACIQI) restructured • Appointing authority shifted from Secretary to Secretary, House and Senate • Increased from 15-18 members • Terms increase from 3 to 6 years

13. NACIQI – Effective dates • Termination of current committee members’ terms – August 14, 2008 • Establishment of new committee – January 1, 2009 • Appointment of members – not earlier than January 31, 2009 • Meeting to review agencies – no earlier than June 2009

14. Title I – Distance Education Demonstration Programs • Directs Secretary to provide annual reports on the DE Demo Programs • Currently there are no demonstration programs • No expectation that we will seek new applications • Change in 50% rules; no add’l waiver authority; no benefits in terms of policy

15. Title IV, Part H– Recognition of Accrediting Agencies • An agency that has, or seeks to include, within its scope of recognition the evaluation of institutions or programs offering DE or correspondence • Must demonstrate that its standards effectively address the quality of education offered in these modalities • Is not required to have separate standards, procedures or policies

16. Expansion of Scope • Agencies no longer required to obtain approval of Secretary to expand scope to include DE or correspondence • Must notify the Secretary in writing of change in scope

17. Rapid Growth is a Concern • Accrediting agencies are required to monitor the growth of programs at institutions that are experiencing significant enrollment growth • Review required of any addition of DE or correspondence to scope via Secretarial notification if enrollment of institution offering DE or correspondence increases by 50% in an institutional fiscal year

18. Student Authentication • Accrediting agencies must require institutions that offer DE or correspondence education to have processes to establish that the student who registers is the same student who participates in and completes the work and gets the academic credit. • Effective date: August 14, 2008

19. What Does this Mean? • Greater precision in meaning generally comes through regulations • Department required to do negotiated rulemaking for Title IV • Subject to master calendar • Regulations published by Nov 1 • Effective July 1st of the following year

20. Negotiated Rulemaking • Public hearings scheduled • Sept 19 – Texas Christian University • Sept 29 – Univ of Rhode Island, Providence • Oct 2 – Pepperdine University • Oct 6 – Johnson C Smith University • Oct 8 – US Dept of Education, K Street • Oct 15 – Cayahoga Community College • http://www.ed.gov/HEOA

21. Negotiated Rulemaking • Federal Register solicitation for negotiators for several committees • Selection of negotiators for each committee • Three to four negotiating sessions • Publication of NPRM • Public comment • Publication of Final Rule – Nov 1, 2009 • Effective date – July 1, 2010

22. Dear Colleague Letter • Department may issue a DCL with guidance to accrediting agencies • Expectations relative to all provisions affecting accrediting agency recognition • Accrediting agencies communicate expectations to institutions/programs they accredit • Published on Dept website

23. In the Meantime • Use language in conference report as guidance • Institutions that offer distance education are expected to have security mechanisms in place, such as ID numbers or other pass code info required to be used each time the student participates in class time or coursework online. Adapt technology as it becomes better, cheaper and more mainstream. Not to interfere with student privacy • Does not address correspondence

24. Title XI – Studies and Reports • Comparison of quality DE vs campus-based • Secretary enter into agreement with National Research Council of National Academy of Sciences to conduct a statistically valid evaluation of quality • Interim report not later than June 30, 2009 • Final report not later than June 30, 2010 • No action until money is appropriated

25. Academic Integrityin Online Education Lori McNabb September 2008 UT TeleCampus | www.uttc.org | www.uttcturns10.org

26. Briefing Paper & Survey

27. Education initiatives Course design Identity verification Current Efforts

28. Academic Dishonesty • Plagiarism • Self-plagiarism • Unpermitted collaboration • Unauthorized help • Cheating

29. Education Initiatives

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37. Course Design Ideas

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41. Course Design QuestionmarkSecure

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43. Course Design SafeAssign & Turnitin Plagiarism Detection

44. Course Design

45. Identity Verification Technologies

46. Identity Verification

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48. Identity Verification Acxiom FactCheck-X Authenticate

49. Identity Verification Software Secure Securexam Remote Proctor

50. Identity Verification Kryterion Webassessor