U.S. Department of Education Rulemaking 2023-2024

Watch for timely updates to the resources on this page regarding the 2023-2024 USED Rulemaking.

2023 - 2024 Department of Education Federal Rulemaking

USED Website for issue papers, rulemaking notices, recording, transcripts and negotiator proposals: Negotiated Rulemaking for Higher Education 2023-24.

Institutional Quality and Accountability - Rulemaking held Winter 2024

Issues: Secretary’s recognition of accrediting agencies and related issues; institutional eligibility, including state authorization, definition of distance education as it pertains to clock hour programs and reporting for student enrolled primarily online; return to title IV, cash management to address disbursement of funds; and eligibility requirements for the Federal TRIO programs.

U.S. Department of Education Rulemaking Activity:

March 24, 2023 - Intent to establish a negotiated rulemaking committee.
Issues under consideration of particular interest to SAN members: The Secretary's recognition of accrediting agencies, in 34 CFR part 602 and related parts; Institutional eligibility under 34 CFR 600.2, including State authorization as a component of such eligibility under 34 CFR 600.9; Third-party servicers and related issues, such as reporting, financial responsibility, compliance, and past performance requirements as a component of institutional eligibility for participation in the title IV, HEA Federal student financial assistance programs under 34 CFR 668.25 and 682.416; and definitions for “distance education” under 34 CFR 600.2 as it pertains to clock hour programs and reporting for students who enroll primarily online.
November 29, 2023 - Negotiated Rulemaking Committee; Negotiator Nominations and Schedule of Committee Meetings
January 2, 2024 - U.S. Department of Education announcement of negotiators, initial issues papers, agenda, and summary of issues for the first week of rulemaking.
March 4-7, 2024 - Rulemaking Committee Voting: Cash Management Non Consensus PDF* (362K), State Authorization Non Consensus PDF* (216K), Distance Education Non Consensus PDF* (181K), R2T4 Non Consensus, PDF* (250K), Accreditation Regulatory Non Consensus PDF* (767K); TRIO - Final Text Consensus Reached PDF* (313K)
June 17, 2024 - OMB-OIRA Review (3 issues): 1840-AD92:Program Integrity and Institutional Quality: Distance Education [1840-AD92], Return of Title IV, HEA Funds [1840-AD85], and Federal TRIO Programs [1840-AD68].
July 17, 2024 - Update on Department of Education's Postsecondary Education Regulatory Work - ED blog post, by James Kvaal, US Under Secretary of Education.
July 24, 2024 - Proposed Regulations: Program Integrity and Institutional Quality: Distance Education, Return of Title IV, HEA Funds, and Federal TRIO Programs, Public Comment Deadline: 8/23/24

SAN & WCET Responses & Resources

April 24, 2023 - SAN & WCET Public Comment Federal Rulemaking 2023.
January 18, 2024 - WCET Frontiers Major Changes to Distance Ed Proposed: Department of Education Back to Rulemaking Table.
February 13, 2024- WCET Frontiers Major Changes to Distance Ed: Department of Education Rulemaking Week 2 Update.
March 20, 2024- WCET Frontiers Major Changes to Distance Ed: Department of Education Rulemaking Final Session Update.
April 5, 2024 - WCET Frontiers Call for Action: Contact Elected Officials About Proposed Distance Education Regulations
May 1, 2024 - Joint Letter to U.S. Department of Education regarding State Authorization Reciprocity (WCET, UPCEA, OLC, QM, AACC, NACUBO)
May 2, 2024 - WCET Frontiers In Defense of Reciprocity – A Joint Letter to the Department of Education & Call to Action
July 22, 2024 - WCET Frontiers Buckle Up. ED is Off to the Races with Its NPRM
July 30, 2024 - 4 Page Brief Distance Education Regulations in Development Via U.S. Department of Education & Supreme Court (requires SAN Member Log in)
August 24, 2024 - WCET Frontiers - Distance Education Proposed Regulations 2024: WCET & SAN Public Comment
September 5, 2024 - WCET Frontiers - Last Chance to Shape 2024 Distance Education Federal Regulations – Join the Rulemaking Process Now!

Student Loan Debt Relief (loan forgiveness) - Rulemaking held Fall 2023

Issue: student loan forgiveness. Those topics are the authorities granted to the Secretary in HEA Section 432(a), which relate to the modification, waiver, or compromise of Federal student loans.