December Federal Rulemaking Activity – New Final Regulations & Withdrawn Provisions
T’was the final weeks of December when most of higher education was not stirring – except for the U.S. Department of Education (Department). The Department was preparing gifts announcements finalizing the regulatory issues from the Winter 2024 rulemaking.
In late December, the Department released two important announcements:
- December 26, 2024: Termination of negotiated rulemaking process for State Authorization, Cash Management, Accreditation and Related Issues.
- December 30, 2024: Final Regulations – Program Integrity and Institutional Quality: Distance Education and Return of Title IV, HEA Funds (unofficial version with large print).
These announcements separate the Winter 2024 issue areas discussed during negotiated rulemaking into two groups.
1 – Formal End of State Authorization, Cash Management, and Accreditation Rulemaking Process
This termination announcement formally ends the rulemaking for the issue areas of State Authorization, Cash Management, and Accreditation. In order for new rules on these issues to move forward, a new rulemaking must be initiated to develop or amend regulations on these issue areas.
2 – Release of the final regulations for Distance Education, Return to Title IV (R2T4), and TRIO Programs
The second announcement is the release of the final regulations for Distance Education, Return to Title IV (R2T4), and TRIO Programs. It is important to note that several provisions, which many of you addressed in your public comments, were removed from the final regulations. The Department did not include final regulations requiring distance education attendance taking, ineligibility of Title IV aid for asynchronous clock hour programs, and the definition of virtual location.
The Department acknowledged that the receipt of so many public comments during the 30-day comment period influenced the final regulations. Despite the Department’s belief that 30 days is adequate, we appreciate the community coming together so quickly despite the brevity of time. [...]