U.S Department of Education Negotiated Rulemaking Update

Last week saw the conclusion of the third and final session of the Department of Education’s negotiated rulemaking for higher education, with the Institutional and Programmatic Eligibility Committee meeting March 14-18. Consensus was reached on two issues: the 90/10 rule and Ability to Benefit. Consensus was not reached on five issues: administrative capability, gainful employment, financial responsibility, changes in ownership, and certification procedures. Proposed changes to state authorization reciprocity agreements as well as professional licensure requirements, both part of the certification procedures topic on which consensus was not reached, could negatively impact our institutions and students. The Department of Education will issue proposed regulations, likely this Summer, open to public comment for at least 30 days, and we will share that information once it is available.

More details on the Department of Education’s negotiated rulemaking may be accessed here. ASAHP’s letter to the negotiated rulemaking committee may be accessed here and here. Analysis from WCET may be accessed here. Analysis from NASFAA may be accessed here.