Press Releases

WASHINGTON, D.C. – Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) is standing up against any potential last-minute efforts by the Biden-Harris administration to overregulate contracts and activities done by third-party providers, many of which support online education. In a letter to U.S. Secretary of Education Miguel Cardona, Foxx called any potential changes to guidance “unacceptable,” and cited the popularity of online courses, degrees, and certifications for many students. 

Foxx writes: “It has been brought to my attention that the Department is about to regulate on the 2011 Dear Colleague Letter (DCL) (GEN 11-05) that describes how colleges and universities may enter into contracts with third-party servicers that offer bundled services, such as providing online courseware, marketing, and retention services for students.  I implore you to avoid any changes to this guidance without working with Congress to clarify the law lest institutions be left in the dark about their compliance and responsibilities…” 

The letter further states: “As I stated in my April 2023 op-ed, the TPS guidance was ‘yet another move by an administration that misunderstands the operational dynamics on college campuses and the valuable role that technology plays in postsecondary education today. Congress and the Department should be focused on how to lower the cost of college while increasing access for students, not pushing the policies of fringe advocacy groups at the expense of students and taxpayers.’”

The letter continues: “I have strong reservations about any last ditch efforts by an outgoing administration that would disrupt current educational delivery. In fact, my comments about the TPS guidance could well be applied here. Repealing this guidance would demonstrate that the Biden-Harris Department ‘misunderstands the operational dynamics on college campuses and the valuable role that technology plays in postsecondary education.’"

It concludes by predicting “chaos for institutions, students and the ed tech industry,” and urges the administration to “reconsider the timing of any action that revises or rescinds” the DCL.

The full letter can be read here.