ED Concludes Negotiated Rulemaking on State Authorization, Accreditation, and More

This week, the Department of Education concluded its third and final negotiated rulemaking session on Program Integrity and Institutional Quality, concerning state authorization, distance education, accreditation, return of title IV funds, cash management, and the TRIO programs. The committee only reached consensus on opening up some of the federal TRIO programs to undocumented students. Thus, ED may put forward its own regulatory language on the various topics.

From Inside Higher Ed:

“The Biden administration can now move forward with its plans to give states greater authority over online programs after an advisory rule-making committee rejected a compromise proposal Thursday.

The Education Department said last week that it wants to change the terms of state authorization reciprocity agreements to give state regulators more authority to enforce their own laws on out-of-state institutions that enroll their residents. Currently, reciprocity agreements allow colleges to enroll out-of-state students online without getting direct approvals from the individual states—and they exempt institutions from some laws in the states where the students are located.

Department officials have said that the current structure fails to protect students and taxpayers by limiting states’ oversight.”

Details are here. Coverage from Inside Higher Ed may be accessed here. NC-SARA provides a “Status of State Authorization Reciprocity at Conclusion of 2023-2024 Negotiated Rulemaking Session 3”, here.