Negotiated Rulemaking

Negotiated rulemaking is a process in which a governmental agency forms a committee with representatives of various interested parties to negotiate the terms of a proposed rule. The goal of a negotiated rulemaking proceeding is to build consensus on regulations before notice and comment rulemaking procedures.

If the stakeholders on the committee reach consensus on the content of the rule and make a recommendation, the final rule, when issued, is much more likely to be implemented without costly legal challenges or delays. If, however, the negotiated rulemaking committee does not reach consensus, the federal agency may submit their own final draft of the regulation.

Negotiated Rulemaking for 2018-2019

Accreditation and Innovation Negotiated Rulemaking

On July 31, 2018, the U.S. Education Department announced a new round of negotiated rulemaking on more than a dozen topics. The rulemaking panel—consisting largely of accrediting agencies, college groups, financial aid administrators, and student representatives—reached consensus in April 2019 on a wide range of proposals. The regulatory packages impact federal rules governing college accreditation, state approval of online colleges, definition of a credit hour, religious institutions, competency-based education, and TEACH grants, among other issues.

Final rules governing Distance Education and Innovation and TEACH Grants & Faith-Based Entities take effect July 1, 2021, but the department said institutions may voluntarily implement any or all provisions upon publication in the Federal Register.

Final rules governing Accreditation & State Authorization took effect July 1, 2020.

UPDATES

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Education Dept. Issues Final Distance Ed and Innovation Rules

Aug 25, 2020

The product of months of negotiations by a panel of experts that began well before the COVID-19 pandemic upended the 2020 spring and fall semester, the final regulations ease requirements for online programs, including competency-based education models.
Another Regional Accreditor to Expand Reach

Jul 16, 2020

Middle States Commission on Higher Education to expand the acceptance of applications from colleges and universities both domestically and internationally.
Trump Administration Releases New Proposed Rules on Distance Ed

Apr 2, 2020

Regulations would emphasize demonstrated learning over seat time, and define "regular and substantive" interaction between students and instructors, among other things.
Western U.S. Accreditor to Expand Reach

Mar 5, 2020

In response to the Trump administration's recent overhaul of federal accreditation rule, WSCUC will consider accrediting some institutions outside of its historical geographic boundaries.
Feds Discontinue Experiment on Competency-Based Education

Dec 17, 2019

Program allowed disbursement of federal financial aid to competency-based education programs and hybrid programs with some direct assessment.

AACRAO nominated Board President Dr. Tina Falkner to serve on the committee as a representative of the association. Dr. Falkner, Director of the Office of Student Finance at the University of Minnesota - Twin Cities, was selected and will serve as an alternate on the Accreditation and Innovation Negotiated Rulemaking Committee, representing 4-year public institutions.

Dr. Falkner has over 25 years of experience at higher education institutions. Her extensive knowledge of student financial aid issues and student education records policies will be an asset to the committee, particularly with regard to distance learning, educational innovation, and institutional policies concerning the credit hour.

Committee and Subcommittee Members