Negotiated Rulemaking for Higher Education
In January, the Biden administration released its latest regulatory agenda, outlining plans to write new rules for a wide range of higher education and student loan policies. The announcement indicates that the U.S. Education Department would hold a series of negotiated rulemaking
sessions to overhaul rules governing accreditation, distance education, state authorization, and other topics. The items on the agenda include:
This fall, the Education Department also kicked off a separate rulemaking process tackling issues related to its approach to student debt relief after President Biden's initial plan was struck down by the Supreme Court. Negotiators began their discussions in October with the goal of reaching consensus language in the coming months.
The administration's plan for another major round of rulemaking follows the two previous series of negotiations it conducted in 2021-22, which focused heavily on student loan relief programs and institutional accountability. The latest move suggests that the White House and department plan to move aggressively to continue to influence postsecondary education in the second half of President Biden's term.