ED Rulemaking Committee Unable to Reach Consensus in Final Session
Published March 20, 2024
By AACOM Government Relations
Advocacy Federal Policy Financial Aid Higher Education OME Advocate
- On March 4-7, 2024, the U.S. Department of Education (ED) held its final session of the Program Integrity and Institutional Quality negotiated rulemaking committee, where members debated proposed regulations under the Higher Education Act.
- AACOM nominee, Erika Linden, CHC, chief compliance officer and Title IX coordinator at Des Moines University, alongside other negotiators, examined ED's recommendations on state authorization, accreditation, distance education, cash management regulation, the Federal TRIO program and the return of Title IV funds.
- Negotiators heavily deliberated the issue of state authorization. ED considered expanding institutional compliance with any laws and regulations a state found necessary for the institution to be considered legally authorized. Negotiators questioned its effectiveness in protecting students and how such oversight would negatively impact institutions’ budgets.
- By the end of the session, the Committee was unable to reach a consensus on any proposal except increasing access of Federal TRIO programs to undocumented students.
- When a negotiated rulemaking committee fails to reach consensus, ED has the authority to draft new regulations without expert collaboration. These proposed regulations will include a request for public comment for consideration before the regulations are finalized.