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Negotiated Rulemaking for Higher Education 2023-2024

General Information

This page provides information regarding the Department's negotiated rulemaking in 2023-2024 to make regulatory changes for the programs authorized by Title IV of the Higher Education Act of 1965, as amended. For more information about negotiated rulemaking in general, please see our question and answer page.

Federal Register Notices and Fact Sheets

Federal Register Notices (official notices at www.federalregister.gov).

  • Program Integrity and Institutional Quality Public Hearing Notice — Official Copy** Correction to Official Copy** [published 4/4/2023]
  • Intent to Establish Negotiated Rulemaking Committees — Official Copy** [published 7/06/2023]
  • Negotiator Nominations and Schedule of Committee Meeting — Student Loan Debt Relief — Official Copy** [published 8/31/2023]
  • Negotiator Nominations and Schedule of Committee Meeting — Program Integrity and Institutional Quality — Official Copy** [published 11/29/2023]
  • 4th Session of Student Debt Relief Negotiated Rulemaking Committee — Official Copy** [published 2/2/2024]
  • Notice of Proposed Rulemaking — Student Loan Debt Relief — Official Copy** [published 4/17/2024]
  • Notice of Proposed Rulemaking — Program Integrity and Institutional Quality (R2T4, Distance Education, TRIO) — Official Copy** [published 7/24/2024]
  • New Notice of Proposed Rulemaking — Student Loan Debt Relief — Hardship — Official Copy** [published 10/31/2024] 

 Public Hearing Information

  • April 11, 2023 - 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 3:00 p.m.
    Transcript: PDF (350K)
    Recording: https://www.youtube.com/watch?v=VtuXGP5-53A
  • April 12, 2023 - 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 3:00 p.m.
    Transcript: PDF* (323K)
    Recording: https://www.youtube.com/watch?v=oFmBUWxWtdY
  • April 13, 2023 - 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 3:00 p.m. (cancelled)
    The Department did not convene the public hearing on April 13th. We accommodated all who requested to speak on April 11th or April 12th.
  • July 18, 2023 - 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m.
    Transcript: PDF (448K)
    Recording: https://youtu.be/adwvIQfkHIE

All hearings are held in the Eastern Time Zone.

Student Loan Debt Relief

Committee Members List: PDF (219K) | Revised PDF (217K) | Revised PDF (206K) | Revised PDF (206K) | Revised PDF (207K)
Committee Protocols: PDF (235K) | Revised PDF* (248K)

Session 1: October 10-11, 2023

Transcripts & Recordings

Materials

Materials distributed by the Department prior to session 1:

  • Session 1 Issue Paper Student Loan Relief Committee PDF* (219K)
  • Student Loan Debt Relief Negotiated Rulemaking Agenda Session 1 PDF (169K)

Materials distributed by Negotiators during session 1:

  • Ed Boltz Biography PDF* (95K)
  • Jessica Ranucci Biography PDF* (90K)
  • John Whitelaw Biography PDF* (56K)
  • Waukecha Wilkerson Biography PDF (291K)
  • Links shared via Zoom Chat PDF (137K)

Meeting Summary: (prepared by the facilitators) PDF (149K)

Session 2: November 6-7, 2023

Transcripts & Recording

Materials

Materials distributed by the Department prior to session 2:

  • Student Loan Debt Relief Negotiated Rulemaking Agenda Session 2 PDF (184K)
  • Student Loan Debt Relief Proposed Regulatory Text V1 PDF (290K) | Revised PDF* (284K)
  • Session 2 Borrower Hardship Issue Paper PDF (233K) | Revised PDF* (239K)
  • Student Loan Debt Relief Negotiated Rulemaking Unfilled Data Requests from Session 1 PDF (228K)

Materials distributed by the Department during session 2:

  • Data on Older Borrowers and Parents for Session 2 PDF* (223K)
  • Data on Borrowers in Default for Session 2 PDF* (139K)

Materials distributed by Negotiators during session 2:

  • Negotiated Rulemaking 2023 Incarcerated Student Loan Borrowers Memo (submitted by Wisdom Cole) PDF (257K)
  • Link shared via Zoom Chat PDF (146K)

Materials distributed by the Department after session 2:

  • Data on Borrowers in Default for Session 2 PDF* (139K)
  • Data on Direct Loan Subsidy Estimates PDF* (48K)

Materials distributed by Negotiators after session 2:

  • Loans for Victims of False Certification of Student Eligibility and Unauthorized Payment (Submitted by Angelika Williams) PDF* (145K)
  • Memo on Distressed Borrowers (Submitted by Jalil Bishop) PDF* (248K)
  • Hardship Proposal Debt-to-Income Ratio (Submitted by Jalil Bishop) PDF* (141K)
  • Spousal Loans Proposal- for Cancellation Neg Reg (Submitted by Richard Hasse) PDF* (1791K)
  • Policy Proposal-Public Service Workers (Submitted by Sarah Butts) PDF* (141K)
  • Supplemental Servicer Error Proposal 11.14 (Submitted by Yael Shavit) PDF* (157K)
  • Relief for Missing Borrowers and their Families FINAL (Submitted by Scott Buchanan and Benjamin Lee) PDF* (111K)
  • Relief for Distressed Borrowers Using Existing Authority 11.14 (Submitted by Kyra Taylor) PDF* (111K)
  • REDLINE Max Loan Term Student Debt Relief Reg Text (Submitted by Jalil Bishop) PDF* (72K)
  • Proposed 30.70 Redlines (in blue) Over ED's Redlines 11.14 (Submitted by Kyra Taylor) PDF* (215K)
  • Proposal for Amendments to 30.70 11.14 (Submitted by Kyra Taylor) PDF* (101K)
  • Negotiated Rulemaking 2023 Currently Enrolled Student Loan Borrowers Memo (Submitted by Jada Sanford) PDF* (166K)
  • Loan Proposal, Taxpayers and Persons Who do not Have Debt (Submitted by Josh Divine) PDF* (90K)
  • Interest Accrual Proposal 11.14.23 (Submitted by Lane Thompson) PDF* (128K)
  • 2023 11.14 Revised 30.80(f-g) for loss of TIV (Submitted by Jessica Ranucci) PDF* (141K)
  • 2023 11.14 2023.11.14 Revised 30.80 Technical Corrections (Submitted by Jessica Ranucci) PDF* (256K)

Meeting Summary: (Prepared by the facilitators) PDF (212K)

Session 3: December 11-12, 2023

Transcripts & Recording

Materials

Materials distributed by the Department prior to session 3:

  • Student Loan Debt Relief Negotiated Rulemaking Agenda Session 3 PDF (131K)
  • Student Loan Debt Relief Proposed Regulatory Text Session 3 V1 PDF* (263K)

Materials distributed by the Negotiators prior to session 3:

  • 2023.12.07 Revisions to Consolidation Loans (Submitted by Jessica Ranucci) PDF* (135K)
  • 2023.12.08 Letter to Secretary Cardona re Neg Reg Comment on Student Debt (Submitted by Yael Shavit) PDF* (326K)
  • Neg Reg Session 3 Proposal for Additional Committee Members (Submitted by Josh Divine) PDF* (363K)
  • Regulatory Text Negotiated Rule Making Student Loans-Healthcare Workers (Submitted by Jalil Bishop) PDF* (78K)

Materials distributed by the Department during session 3:

  • Student Loan Debt Relief Proposed Regulatory Text Session 3 V2 PDF* (254K)
  • Student Loan Debt Relief Negotiated Rulemaking Agenda December 12 Session 3 PDF* (192K)
  • Student Loan Debt Relief Proposed Regulatory Text Session 3 V3 PDF* (254K)

Materials distributed by the Negotiators during session 3:

  • 2023.12.11 Proposed Regulatory Text Amendments (Submitted by Jessica Ranucci) PDF* (130K)
  • 2023.12.11 Proposed Regulatory Text (Submitted by Kyra Taylor) PDF* (163K)
  • Proposed Amendment to 34 C.F.R. § 30.81 (Submitted by Richard Hasse) PDF* (134K)
  • Proposed Amendment to Regulatory Text (Submitted by Jalil Bishop) PDF* (87K)
  • Financial Hardship Among Student Borrowers — Non-Federal Negotiators Requested Presentation by Sultana Fouzia, Marshall Steinbaum, Dali´e Jimenez, and Jonathan Glater PDF* (1.5M)
  • Link shared via Zoom Chat PDF* (114K)

Meeting Summary: (Prepared by the facilitators) PDF* (198K)

Draft Consensus Language from December 12, 2023. Note that the language in the Notice of Proposed Rulemaking may differ slightly due to technical corrections and formatting: Student Loan Debt Relief Proposed Regulatory Text Session 3 Consensus Language PDF (221K)<

Session 4: February 22-23, 2024

Transcripts & Recording

Materials

Materials distributed by the Department prior to session 4:

  • Student Loan Debt Relief Negotiated Rulemaking Hardship Agenda Session 4 PDF* (122K)
  • Student Loan Debt Relief Proposed Regulatory Text Section 30.91 Hardship Session 4 V1 PDF* (216K)

Materials distributed by the Department during session 4:

  • Student Loan Debt Relief Proposed Regulatory Text Section 30.91 Hardship Session 4 V2 PDF* (259K)
  • Student Loan Debt Relief Proposed Regulatory Text Section 30.91 Hardship Session 4 V3 PDF* (216K)

Materials distributed by the Negotiators during session 4:

  • Amendments to Subsection (b) — Consideration of Hardship Factors for Waiving Federal Student Loans (Submitted by Wisdom Cole) PDF* (112K)
  • Hardship Redlines 30.91 2-22-24 (Submitted by Jalil Bishop) PDF* (62K)
  • Proposed Regulatory Text Amendments Discussed at Today's Session PDF* (116K)

Meeting Summary: (Prepared by the facilitators) PDF* (170K)

Draft Consensus Language from February 23, 2024. Note that the language in the Notice of Proposed Rulemaking may differ slightly due to technical corrections and formatting: SDR Negotiated Rulemaking section 30.91 - Final Text Consensus Reached PDF* (225K)

Program Integrity and Institutional Quality

Committee and Subcommittee Members List: PDF* (136K) | Revised PDF* (169K)
Committee Protocols: PDF* (232K)

Session 1: January 8 - 11, 2024

Transcripts & Recordings

Materials

Materials distributed by the Department prior to session 1:

  • Session 1 Agenda PDF (207K)
  • Session 1 Issue Paper Cash Management PDF (348K)
  • Session 1 Issue Paper State Authorization PDF (252K)
  • Session 1 Issue Paper Distance Education PDF (231K)
  • Session 1 Issue Paper R2T4 PDF (334K)
  • Session 1 Issue Paper Accreditation PDF (274K)
  • Session 1 Accreditation Regulatory Text PDF* (512K)

Materials distributed by the Negotiators during session 1:

  • Protecting Students from Junk Fees when Banking on Campus - Session 1 (Submitted by Carolyn Fast and Barmak Nassirian) PDF (202K)
  • State Authorization Reciprocity Agreements - Proposed Regulatory Language - Session 1 (Submitted by Carolyn Fast) PDF (189K)
  • State Authorizer Risk-Based Reviews - Session 1 (Submitted by Jessica Morales) PDF (116K)
  • Issue Paper 1 - Information/Data Request - Session 1 (Submitted by Robyn Smith and Sophia Laing) PDF (157K)
  • Sweeping meal plans [cash management] - Session 1 (Submitted by Magin Misael Sanchez and Jessi Morales) PDF (151K)
  • Proposal for R2T4 Language - Session 1 (Submitted by Alyssa Dobson) PDF (84K)
  • Issue Paper 4 - Withdrawals and Return of Title IV Funds - Session 1 (Submitted by JoEllen Price) PDF (69K)
  • Automatic Textbook Billing-Session 1 (Submitted by Morales, Blaney, Fast, Sanchez, Nassirian, and Haycock-Lohmann) PDF (137K)
  • Accreditation Proposals-Session 1 (Submitted by Morales, Blaney, Fast, Sanchez, Smith, Liang, Nassirian, Haycock-Lohmann) PDF (544K)
  • Proposed 34 C.F.R. Part 604 - Approval of State Agencies for Nursing Education (Submitted by King and Ackerson) PDF (141K)
  • Collect Distance Education Status by Title IV Student (Submitted by Jillian Klein, Robyn Smith, and Sophie Laing) PDF (119K)
  • Language for Flex Dollars (Submitted by Jason Lorgan and Alyssa Dobson) PDF (48K)
  • Treatment of Title IV Funds When a Student Withdraws (§ 668.22(b)(3)(i)) (Submitted by Jillian Klein) PDF (106K)

Materials distributed by the Negotiators following session 1:

  • Questions for Department Regarding Proposed 34 CFR § 602.20(h) (Submitted by Carolyn Fast) PDF (160K)
  • Issue Paper 1 — Cash Management (Submitted by Robyn Smith and Sophie Laing) PDF* (181K)
  • Books and Supplies as Part of Tuition and Fees (668.164(c) and (m)) (Submitted by Jason Lorgan and Alyssa Dobson) PDF* (111K) Letter (Submitted by Michael Cioce and Jo Blondin) PDF* (78K)
  • Revised and Expanded Proposals on State Authorization Reciprocity Agreements (Submitted by Carolyn Fast and Barmak Nassirian) PDF* (179K)
  • Accreditation Regulations (Submitted by Carolyn Fast and Barmak Nassirian) PDF* (76K)
  • Complaint Systems and Governance in State Authorization (Submitted by Robert Anderson) PDF* (213K)
  • Cash Management Proposal (Submitted by Dom Chase) PDF* (113K)
  • Issue Paper 1 - Cash Management (Submitted by Erika Linden and Scott Dolan) PDF* (146K)
  • Accreditation Proposal (Submitted by Carolyn Fast) PDF* (133K)
  • Proposed Changes to Cash Management Regulations (Submitted by Joe Weglarz and Dom Chase) PDF* (150K)
  • Accreditation (Submitted by Jamienne Studley, Michale McComis, and Laura Rasar King) PDF* (215K)
  • Issue Paper 5 - Accreditation (Submitted by Erika Linden and Scott Dolan) PDF* (117K)
  • Issue Paper 3: Distance Education (Submitted by Erika Linden and Scott Dolan) PDF* (137K)
  • Issue Paper 3 - Distance Education (Data Request) (Submitted by Erika Linden and Scott Dolan) PDF* (133K)
  • Links shared via Zoom Chat PDF* (130K)

Meeting Summary: (prepared by the facilitators) PDF* (190K)

Session 2: February 5-8, 2024

Transcripts & Recording

Materials

Materials distributed by the Department prior to session 2:

  • Session 2 Agenda PDF* (177K)
  • Session 2 Issue Paper Cash Management V2 PDF* (350K)
  • Session 2 Issue Paper State Authorization V2 PDF* (252K)
  • Session 2 Issue Paper Distance Education V2 PDF* (185K)
  • Session 2 Issue Paper R2T4 V2 PDF* (300K)
  • Session 2 Accreditation Regulatory Text V2 PDF* (766K)

Materials distributed by the Negotiators prior to session 2:

  • "Savings" Under Inclusive Access Programs (Submitted by Jessica Morales, Emmett Blaney, Ashlynne Haycock-Lohmann) PDF* (156K)
  • Advancing Racial Equity - Accreditation (Submitted by Magin Sanchez) PDF* (238K)
  • Non-Federal Negotiator Provided: Examining the States' Role in Protecting Online College Students from Predatory Practices (Submitted by Carolyn Fast) Link**

Materials distributed by the Negotiators during session 2:

  • Cash Management Regulations (Submitted by Magin Sanchez) PDF* (81K)
  • Proposal to Collect Distance Education Status by Title IV Student (Submitted by Klein, Smith, Laing, Linden, Dolan, Blondin, Cioce, Dobson, Chase) PDF (148K)
  • Proposed 34 C.F.R. Part 604 — Approval of State Agencies for Nursing Education (with Rationale) (Submitted by Amy Ackerson) PDF (122K) Original Proposal*
  • Questions Submitted to the Department (Submitted by Robert Anderson) PDF (88K)
  • Session Two Proposals on State Authorization and Reciprocity Agreements (Submitted by Carolyn Fast and Barmak Nassirian) PDF (149K)
  • Accreditation Proposals for Session Two (Submitted by Morales, Blaney, Fast, Sanchez, Smith, Laing, Nassirian, Haycock-Lohmann) PDF (412K)
  • Cash Management Proposal (Submitted by D Chase, J Lorgan, A Dobson, E Linden, S Dolan, J Blondin, J Klein, D Cohen, L Rasar King) PDF (126K)
  • Books and Supplies as Part of Tuition and Fees (668.164(c) and (m)) (Submitted by Jason Lorgan) PDF (248K)

Materials distributed by the Negotiators following session 2:

  • Proposal on Definition of Distance Education Course (Submitted by Klein, Blondin, Cioce, Lorgan, Dobson, Linden, Dolan, Chase) PDF* (128K)
  • Impact of Proposed Regulations on the Existence of SARA (Submitted by Robert Anderson) PDF* (162K)
  • Memo Regarding Cash Management - Books and Supplies (Submitted by Jason Lorgan) PDF* (147K)
  • Session Two Proposals on State Authorization and Reciprocity Agreements (Submitted by Barmak Nassarian and Carolyn Fast) PDF* (120K)
  • Proposal on In-State State Authorization Exemption (Section 600.9(a)) (Submitted by Linden, Dolan, and Anderson) PDF* (173K)
  • Issue Paper 2—State Authorization (Data Request) (Submitted by Scott Dolan) PDF* (121K)
  • How SARA Works - An Overview (Submitted by Robert Anderson) PDF* (178K)
  • Accreditation Provisions (Submitted by multiple negotiators) PDF* (251K)
  • Issue Paper 2 — Cash Management - Pell Grant Overpayment Proposal (Submitted by Robyn Smith and Sophie Laing) PDF* (248K)
  • Treatment of Title IV funds when a Student Withdraws (Submitted by Jillian Klein) PDF* (255K)
  • Proposal 602.10 (Submitted by Rasar King, Studley, McComis, Linden, Dolan, Klein) PDF* (139K)
  • Suggested Edits for Accreditation (Submitted by Blondin, Dobson, and Lorgan) PDF* (37K)
  • Change of Accrediting Agencies (Submitted by Jessica Morales) PDF* (120K)
  • Issue Paper 3 - Distance Education (Submitted by Blondin, Cioce, Linden, Dolan, Price, Goodwin, Klein) PDF* (98K)
  • Links shared via Zoom Chat PDF (134K)

Meeting Summary:(prepared by the facilitators) PDF* (189K)

Session 3: March 4-7, 2024

Transcripts & Recording

Materials

Materials distributed by the Department prior to session 3:

  • Session 3 Agenda PDF* (177K) | Revised PDF* (177K) | Revised PDF* (179K)
  • Session 3 Issue Paper Cash Management V3 PDF* (371K)
  • Session 3 Issue Paper State Authorization V3 PDF* (258K)
  • Session 3 Issue Paper Distance Education V3 PDF* (209K)
  • Session 3 Issue Paper R2T4 V3 PDF* (303K)
  • Session 3 Accreditation Regulatory Text V3 PDF* (854K)
  • Session 3 Issue Paper TRIO PDF* (287K)
  • Links to Guidance on Asynchronous Clock Hours:

Materials distributed by the Negotiators prior to session 3:

  • Change of Accreditors — Section 600.11 (Submitted by Jamienne Studley, Michale McComis, and Laura Rasar King) PDF* (123K)
  • Expanding TRIO Expanding TRIO Programs Eligibility to Undocumented Students - Revised Letter (Submitted by Magin Sanchez) PDF* (107K) Original Letter*

Materials distributed by the Department during session 3:

  • State Authorization Responses PDF* (125K)
  • State Authorization Session 3 Edits PDF* (265K)| Revised PDF* (211K) |Revised PDF* (268K)
  • Impact of a 500 Enrollment Threshold PDF* (99K)
  • Accreditation Session 3 Revised PDF* (865K)

Materials distributed by the Negotiators during session 3:

  • Session Three Proposal on State Authorization (Issue Paper 2) (Submitted by Carolyn Fast and Barmak Nassirian) PDF* (147K)
  • Exemptions for State Authorization (Submitted by Carolyn Fast and Barmak Nassirian) PDF* (99K)
  • Analysis of Distance Education Enrollment Data (Submitted by Carolyn Fast and Barmak Nassirian) PDF* (118K)
  • Session 3 Issue Paper 3—Distance Education (Submitted by Blondin, Cioce, Dolan, McComis, Price, Goodwin, Klein) PDF* (92K)
  • Memo Regarding Cash Management- Books and Supplies (Submitted by Lorgan, Dobson, Cioce) PDF* (137K)
  • Automatic Textbook Billing Student Letter (Submitted by Emmett Blaney) PDF* (137K)
  • Proposal Regarding Direct State Authorization Triggers (Submitted by Klein, Linden, Dolan) PDF* (174K)
  • Proposal Regarding Books and Supplies (Submitted by Klein, Dolan, Dobson) PDF* (136K) | Revised PDF* (138K)
  • Issue Paper 2 — Cash Management (Submitted by Robyn Smith and Sophie Laing) PDF* (176K)
  • Authorization Proposal Regarding Complaint Process Language and "State Discretion" (Submitted by Robert Anderson) PDF* (46K)
  • Department's Most Recent Proposal on State Authorization (Issue Paper 2) (Submitted by Carolyn Fast) PDF* (144K)
  • Proposal On The Department's State Authorization Proposed Compromise Language (Submitted by Robyn Smith) PDF* (98K)
  • Proposal for 602.16(a) (Submitted by Laura Rasar King) PDF* (205K)
  • Links shared via Zoom Chat PDF* (143K)

Meeting Summary:(prepared by the facilitators) PDF* (171K)

Draft Consensus Language from March 5, 2024. Note that the language in the Notice of Proposed Rulemaking may differ slightly due to technical corrections and formatting: Session 3 Issue Paper TRIO - Final Text Consensus Reached PDF* (313K)

Documents reviewed on screen for taking consensus checks. These areas did not get agreement: Cash Management Non Consensus PDF* (362K) | State Authorization Non Consensus PDF* (216K) | Distance Education Non Consensus PDF* (181K) | R2T4 Non Consensus PDF* (250K) | Accreditation Regulatory Non Consensus PDF* (767K)

TRIO Subcommittee

Session 1: January 12, 2024

Transcripts & Recordings

Materials

Materials distributed by the Department prior to session 1:

  • Session 1 Agenda PDF (202K)
  • Session 1 Issue Paper TRIO PDF (254K)

Materials distributed by the Subcommittee Members prior to session 1:

  • Propose to change the language of the Upward Bound Grant Objective #2 - TRIO Session 1 (Submitted by Emalyn Lapus) PDF (148K)

Materials distributed by the Subcommittee Members during session 1:

  • Proposed Regulatory Changes for TRIO - Session 1 (Submitted by E Lapus, W Williams, G Garner, D Sands) PDF* (333K)

Materials distributed by the Subcommittee Members following session 1:

  • Expanding TRIO Programs Eligibility to Undocumented Students (Submitted by Michael Meotti) PDF* (77K)
  • Letter from Michael Meotti RE Expanding TRIO Programs Eligibility to Undocumented Students (Submitted by Michael Meotti) PDF* (251K)
  • Letter Regarding Federal TRIO Programs - Docket ID ED-2021-OPE-0077 (Submitted by Michael Meotti) PDF* (200MB)
  • Support for the Departments Proposed Changes to the TRIO Programs (Submitted by Magin Misael Sanchez and Jessica Morales) PDF* (81K)

Session 2: February 9, 2024

Transcripts & Recording

Materials

Materials distributed by the Department prior to session 2:

  • Session 2 Agenda PDF* (199K)
  • Session 2 Issue Paper TRIO V2 PDF* (245K)

Draft Consensus Language from March 5, 2024. Note that the language in the Notice of Proposed Rulemaking may differ slightly due to technical corrections and formatting: Session 3 Issue Paper TRIO - Final Text Consensus Reached PDF* (313K)

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Office of Postsecondary Education (OPE)
Page Last Reviewed:
November 24, 2024