3rd Party Content

Overview of GEN-22-07: Written Arrangements Between Title IV-Eligible Institutions and Ineligible Third-Party Entities

GEN-22-07 and 34 CFR § 668.5 outline federal rules for when colleges use outside entities to provide portions of instruction, including in online courses. These guidelines state that if a third-party—like Pearson, ALEKS, or McGraw Hill—delivers any part of a Title IV-eligible academic program, that use may qualify as a "written arrangement" and must meet specific compliance requirements. If more than 25% of a program is taught through a non–Title IV-eligible provider, the college must get approval from both its accrediting agency and the U.S. Department of Education. Even when less than 25%, institutions must maintain full instructional control, ensure faculty deliver regular and substantive interaction, and clearly disclose any third-party involvement to students. These policies are especially relevant for online courses built primarily inside publisher platforms, where automated instruction and grading may blur the line between instructional support and outsourced teaching.

🔍 How It Relates to Pearson, ALEKS, Connect, etc.

If Pearson, ALEKS, or any similar platform delivers a substantial portion of the course content or instruction (not just supplemental materials), that may be considered a "written arrangement" under § 668.5.

Colleges must report and ensure compliance if:

The third party teaches or controls a significant portion of the course or program.
The third party is not a Title IV–eligible institution (which these platforms typically are not).
The arrangement involves more than 25% of a program being delivered by that third party—this may require Department of Education (ED) approval and accreditor approval.

Even when used below the 25% threshold, institutions must ensure:

Faculty maintain instructional control and regular interaction.
Students are not misled about who is delivering their education.
The use of third-party tools is transparent and purposeful, not a substitute for teaching.

✅ Ask Yourself...

Does the third party provide primary instruction or course content (not just supplemental)?
Is grading or assessment automated or managed by the third party instead of CFCC faculty?
Is the course run primarily inside the platform?

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