Department of Education Announces Public Hearings on Higher Education Regulations

On Monday the U.S. Department of Education announced that it will hold virtual public hearings on June 21, 23, and 24 to receive stakeholder feedback on potential issues for future rulemaking sessions. The announcement is the first step in the process of issuing new regulations. Following the public hearings, the Department will solicit nominations for negotiators who can serve on the negotiated rulemaking committees which will convene in late summer 2021. The Department said it invites comment on any regulatory issue that that can improve outcomes for students, especially borrowers. The Department listed the following potential topics:

  • Ability to benefit

  • Borrower defense to repayment

  • Certification procedures for participation in federal financial aid programs

  • Change of ownership and change in control of institutions of higher education

  • Closed school discharges

  • Discharges for borrowers with a total and permanent disability

  • Discharges for false certification of student eligibility

  • Financial responsibility for participating institutions of higher education, such as events that indicate heightened financial risk

  • Gainful employment

  • Income-contingent loan repayment plans

  • Mandatory pre-dispute arbitration and prohibition of class action lawsuits provisions in institutions’ enrollment agreements

  • Pell Grant eligibility for prison education programs

  • Public service loan forgiveness

  • Standards of administrative capability

The press release may be accessed here. More information, including registration links for the negotiated rulemaking public hearings, may be accessed here.