NAICU Washington Update

Negotiated Rulemaking Set to Begin on Range of Higher Education Policies

October 01, 2021

The Department of Education began circulating draft proposals this week to amend a wide range of federal higher education policies through the negotiated rulemaking process that begins next week.  Among the policies being looked at are closed school discharges, borrower defense, public service loan forgiveness, and total and permanent disability discharge. 

The Department also finalized the membership of the 16-member committee tasked with negotiating these changes. Representing the private, nonprofit sector are Southern New Hampshire University’s Misty Sabouneh (primary) and Terrence S. McTier, Jr. of Washington University (alternate).  The process that has its first session next week will extend through the end of the year.  

The Department is also announcing the formation of a second negotiated rulemaking committee intended to develop proposed regulations affecting institutional and programmatic eligibility, including the 90/10 rule. Public hearings will be held on the 90/10 rule on October 26, 2021, from 2:00 p.m. to 4:00 p.m. EDT and on October 27, 2021, from 10:00 a.m. to 12:00 p.m. EDT. A call for nominees and any further topics that may be included is forthcoming. 

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