Identity verification for distance-ed students: FUD lingers

Created by Steven Worona (EDUCAUSE) on October 15, 2008

Back in July, an ominous headline in the Chronicle of Higher Education caused a flurry of discussion on the lists and blogs: "New Systems Keep a Close Eye on Online Students at Home". The opening paragraph is classic FUD:

Tucked away in a 1,200-page bill now in Congress is a small paragraph that could lead distance-education institutions to require spy cameras in their students' homes.

The article was thoroughly and quickly debunked (see, for example, here), but the malady lingers on. Just yesterday I received this question:

I'm in search of information on how to respond to the new provision in the Higher Education Reauthorization Act, effective August 14, 2008, that requires institutions to authenticate the identity of distance education students.

So let's do some re-debunking.

First, it is decidedly not the case that the Higher Education Opportunity Act (HEOA) "requires institutions to authenticate the identity of distance education students". The requirement pertains to accreditors, not institutions:

The agency or association [i.e., the accreditor] requires an institution [i.e., a college] that offers distance education or correspondence education to have processes through which the institution establishes that the student who registers in a distance education or correspondence education course or program is the same student who participates in and completes the program and receives the academic credit.

And so, second, while the effective date of HEOA provisions is, indeed, August 14, 2008, this is the date when the accreditors must start following these rules. Which means that the next time an institution is up for (re)accreditation, their accreditor will be taking this provision into account. The legislation does not require accreditors to go back and apply the law retroactively.

But, third and most important, the HEOA Conference Report says (p. 136, emphasis added):

The Senate amendment and the House bill require accrediting agencies to require that institutions of higher education offering distance education programs have a process by which the institution of higher education establishes that a student registered for a distance education course is the same student that participates in, completes, and receives credit for the course.

The Conferees adopt the provision as proposed by both the Senate and the House. The Conferees expect institutions that offer distance education to have security mechanisms in place, such as identification numbers or other pass code information required to be used each time the student participates in class time or coursework on-line. As new identification technologies are developed and become more sophisticated, less expensive and more mainstream, the Conferees anticipate that accrediting agencies or associations and institutions will consider their use in the future. The Conferees do not intend that institutions use or rely on any technology that interferes with the privacy of the student and expect that students’ privacy will be protected with whichever method the institutions choose to utilize.

Thus, for now, ID's and passwords are all that's needed, with the requirement that they be used each time a student does online work. This isn't rocket science; it's barely computer science. Future technologies are left for the future, which seems like the perfect place for them, at which time they must be "considered", which also seems pretty non-disruptive.

Now, one caveat: As with all provisions of the HEOA, the Department of Education is in the process of establishing detailed compliance rules, as noted on their quite excellent Web page:

Some parts of the law will be implemented through new or revised regulations. The negotiated rulemaking process will be used for some regulations, as explained below. Other areas will be regulated either through the usual notice and comment process or, where regulations will merely reflect the changes to the HEA and not expand upon those changes, as technical changes.

As we move through the implementation process, we will be updating this page, so check back often.

So watch that space.

Steve

This message reflects the opinions of the author, and not necessarily those of EDUCAUSE or its members.

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		Identity verification for distance-ed students: FUD lingers Created by Steven Worona (EDUCAUSE) on October 15, 2008 Back in July, an ominous headline in the Chronicle of Higher Education caused a flurry of discussion on the lists and blogs: "New Systems Keep a Close Eye on Online Students at Home". The opening paragraph is classic FUD: Tucked away in a 1,200-page bill now in Congress is a small paragraph that could lead distance-education institutions to require spy cameras in their students' homes. The article was thoroughly and quickly debunked (see, for example, here), but the malady lingers on. Just yesterday I received this question: I'm in search of information on how to respond to the new provision in the Higher Education Reauthorization Act, effective August 14, 2008, that requires institutions to authenticate the identity of distance education students. So let's do some re-debunking. First, it is decidedly not the case that the Higher Education Opportunity Act (HEOA) "requires institutions to authenticate the identity of distance education students". The requirement pertains to accreditors, not institutions: The agency or association [i.e., the accreditor] requires an institution [i.e., a college] that offers distance education or correspondence education to have processes through which the institution establishes that the student who registers in a distance education or correspondence education course or program is the same student who participates in and completes the program and receives the academic credit. And so, second, while the effective date of HEOA provisions is, indeed, August 14, 2008, this is the date when the accreditors must start following these rules. Which means that the next time an institution is up for (re)accreditation, their accreditor will be taking this provision into account. The legislation does not require accreditors to go back and apply the law retroactively. But, third and most important, the HEOA Conference Report says (p. 136, emphasis added): The Senate amendment and the House bill require accrediting agencies to require that institutions of higher education offering distance education programs have a process by which the institution of higher education establishes that a student registered for a distance education course is the same student that participates in, completes, and receives credit for the course. The Conferees adopt the provision as proposed by both the Senate and the House. The Conferees expect institutions that offer distance education to have security mechanisms in place, such as identification numbers or other pass code information required to be used each time the student participates in class time or coursework on-line. As new identification technologies are developed and become more sophisticated, less expensive and more mainstream, the Conferees anticipate that accrediting agencies or associations and institutions will consider their use in the future. The Conferees do not intend that institutions use or rely on any technology that interferes with the privacy of the student and expect that students’ privacy will be protected with whichever method the institutions choose to utilize. Thus, for now, ID's and passwords are all that's needed, with the requirement that they be used each time a student does online work. This isn't rocket science; it's barely computer science. Future technologies are left for the future, which seems like the perfect place for them, at which time they must be "considered", which also seems pretty non-disruptive. Now, one caveat: As with all provisions of the HEOA, the Department of Education is in the process of establishing detailed compliance rules, as noted on their quite excellent Web page: Some parts of the law will be implemented through new or revised regulations. The negotiated rulemaking process will be used for some regulations, as explained below. Other areas will be regulated either through the usual notice and comment process or, where regulations will merely reflect the changes to the HEA and not expand upon those changes, as technical changes. As we move through the implementation process, we will be updating this page, so check back often. So watch that space. Steve This message reflects the opinions of the author, and not necessarily those of EDUCAUSE or its members. Washington Update \| Distance Education \| HEOA \| Higher Education Act \| identity verification \| Negotiated Rulemaking Steve's blog Login or register to post comments 2021 reads
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