NAICU Washington Update

Institutional and Programmatic Eligibility Focus of New Negotiated Rulemaking Committee

December 10, 2021

The Department of Education announced the creation of a new negotiated rulemaking committee to focus on institutional and programmatic eligibility. The Institutional and Programmatic Eligibility Committee, which will begin its work in January, is expected to cover the following issue topics:
  • 90/10 rule that applies to proprietary institutions; 
  • Ability to benefit;
  • Certification procedures for participation in Title IV, HEA programs;
  • Change of ownership and change in control of institutions of higher education;
  • Financial responsibility for participating institutions of higher education;
  • Gainful employment; and
  • Standards of administrative capability.
NAICU will be submitting nominations for participation on the committee. While the virtual meetings will be available for the public to view, those who would like to will be required to register for each day they would like to observe. Registration links will be posted on the Department’s website closer to the start of negotiations. The committee is scheduled to meet during the following sessions (All times are Eastern Standard Time): 
  • Session 1:  January 18-21, 2022, 10:00 a.m. to 4:30 p.m.
  • Session 2:  February 14-18, 2022, 10:00 a.m. to 4:00 p.m.
  • Session 3:  March 14-18, 2022, 10:00 a.m. to 4:00 p.m. 

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