Research
05.24.2022
Federal Regulations

U.S. Department of Education Rulemaking 2021-2022

Watch for timely updates to the resources on this page regarding the 2021-2022 USED Rulemaking.

2021 - 2022 Department of Education Federal Rulemaking 

USED Website for rulemaking notices, recordings, proposal language and transcripts: Federal Negotiated Rulemaking Webpage. As of April 27, 2022 there have been 2 rulemaking committees.  Note the voting outcome.

  • Affordability and Student Loans Committee:  12 issues - 4 issues reached consensus
  • Institutional and Programmatic Eligibility Committee:  7 issues – 2 issues reached consensus
    • Note Issue #6:  Certification Procedures.  34 CFR 668.14(b)(32)  (addresses Professional Licensure and Reciprocity)

Resources:

WCET Frontiers Posts:

Resources Prepared by SAN:

Other Resources:

  • Teaching Online Podcast (TOPcast):  April 18, 2022; University of Central Florida;  EPISODE 112: SARA (AND MORE!) UNDER SIEGE; Guests Russ Poulin and Cheryl Dowd join hosts Kelvin and Tom to bring some breaking news on governmental regulation that could change the way online higher education works in the US. Listen carefully and share with institutional colleagues to avoid unpleasant surprises.
  • SAN/WCET/WICHE/SREB/NEBHE,MHEC Letter: February 14, 2022, to the Negotiators about proposed changes to a state authorization reciprocity agreement.

U.S. Department of Education Rulemaking Process:

  • Federal Regulations are developed by the Department of Education to implement the aspects of the Higher Education Act, which is Federal law.  The process to create the language for the regulations is through the Negotiated Rulemaking Process ("Neg Reg").  
  • The rulemaking process is directed through the Administrative Procedure Act (APA).  Strict adherence is required.  Failure to follow the APA requirements could cause a regulation to be challenged and possibly vacated by Federal courts for failing to follow APA process.
  • Key stakeholders affected by the issues to be addressed are nominated and become the Negotiated Rulemaking Committee.  This committee meets to discuss the issues and ultimately votes on a regulatory package for those issues.  The committee must vote 100% in favor of the language of the entire regulatory issue package, which is called consensus.  Issues that do not reach consensus can then be written by the Department.
  • Strict regulatory calendar process includes the following:
    • Consensus language and language written by the Department is to be released as proposed language subject to a public comment for at least 30 days.
    • The Department must review all public comments and prepare responses as well as submit to Office of Management & Budget (OMB) to review for economic impact.
    • Must be released as final regulations by November 1 in order for the regulations to become effective the following July 1.  Release of final regulations after November 1 delays the effective date until the following July 1.
  • Learn more about the Federal rulemaking process through review of these webinars and videos: