With the U.S. Department of Education (ED) set this year to embark on the Biden administration’s third round of negotiated rulemaking, it will begin by holding three days of public hearings to gather feedback on the topics it has suggested for regulation.
ED is required to undergo negotiated rulemaking in order to rewrite rules related to Title IV of the Higher Education Act. Among the regulatory issues under consideration, many of which will be consequential for community colleges, are:
- Federal recognition of accrediting agencies (ED issued guidance related to accreditation last July);
- The definition of distance education as it pertains to clock-hour programs and reporting for students primarily enrolled online;
- State authorization as a component of institutional eligibility;
- Cash management, to address timely student access to financial aid disbursements;
- Return of Title IV funds (the funds that must be returned to the government when a student does not complete an enrollment period) “in a manner that protects students and taxpayers” while also easing administrative burden;
- Improvements to programmatic eligibility and operations of Federal TRIO programs; and
- Reporting, financial responsibility and compliance of third-party servicers.
David Baime, senior vice president for government relations at the American Association of Community Colleges (AACC), will present comments during the hearings on behalf of AACC, which will be held on April 11-13. AACC also will be submitting a written statement.
Following the public hearings, ED will accept nominations for negotiators and establish a negotiated rulemaking committee to develop the proposed regulations. The committee is expected to begin virtual negotiations in early fall.
Those interested in speaking at the public hearings can register by emailing negreghearing@ed.gov prior to 12 p.m. EST on the business day before the hearing. The email should include the name of the presenter, the general topics the speaker plans to address and the date(s) and time(s) that the presenter is available to speak. Comments will be limited to four minutes. The public can submit written comments through April 24.
Register here to watch the hearings live.
