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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.

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Negotiated Rulemaking for Higher Education

2023-2024

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.

2021-2022

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.

Accreditation & Innovation

Negotiated Rulemaking for 2018-2019

The U.S. Education Department previously concluded its previous round of negotiated rulemaking on more than a dozen topics.

Final rules governing Distance Education & Innovation and TEACH Grants & Faith-Based Entities took effect July 1, 2021.

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

AACRAO Past President Dr. Tina Falkner, Director of the Office of Student Finance at the University of Minnesota - Twin Cities, served as an alternate on the Accreditation and Innovation Negotiated Rulemaking Committee, representing 4-year public institutions.

Committee and Subcommittee Members

UPDATES

Sourced from AACRAO Transcript. Member login required.

  • Obama Alum Nominated for Top Civil Rights Post
    May 18, 2021

    Catherine Lhamon expected to take an active and aggressive approach on sexual misconduct, racial discrimination, and LGBTQ rights—and play a key role in the Education Department's formal review of the Trump administration's new Title IX rule.

  • 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.