We updated this website on February 29, 2024, with the transcripts from the first two weeks of negotiations, the new issue papers published by ED and submitted by negotiators ahead of the third negotiating session, and the registration information to watch the third round of negotiations.

We will update this page as the official agendas and session summaries become available.

Session One

• Recap blog from New America and TICAS
  • "It Is Students' Money:" Department of Education Begins Work to Make Higher Education Regulations More Student-Focused
• Full Committee official agenda
• TRIO Subcommittee official agenda
• Meeting Summary (prepared by the facilitators) PDF

Session Two

• Recap blog from New America and TICAS
  • “Outcomes Are Key:” Department of Education Continues Negotiated Rulemaking to Strengthen Student Protections
• Session 2 Agenda PDF
• Meeting Summary (prepared by the facilitators) PDF*

Session Three

• Session 3 Agenda PDF

While Congress passes laws, it is up to the executive branch (usually in the form of federal agencies, like ED) to implement the laws. To do so, ED needs to resolve ambiguity or clarify the meaning around certain terms in order to make implementation possible. It does this by creating “rules,” through a process known as regulation.

While most other federal agencies are allowed to issue regulations without going through a “negotiated rulemaking” process, ED is different. The Higher Education Act requires that ED obtain “the advice of and recommendations from individuals and representatives of the groups involved in student financial assistance programs” before issuing regulations on federal financial aid programs (e.g., grants, loans, and work-study). ED must convene a group of stakeholders to provide input on the proposed set of issues, topics, and regulatory language ED is considering for regulation. According to the law, these representatives, or negotiators, may include “students, legal assistance organizations that represent students, institutions of higher education, State student grant agencies,” and more. If the stakeholders and ED negotiate and reach agreement, or consensus, on what the proposed regulatory language should look like, ED is required to propose that language when developing its regulations. If an agreement is not reached, ED is provided wide latitude in developing its regulations. This process is known as negotiated rulemaking, or “neg-reg.”

To help inform the rulemaking, ED held a day of virtual hearings to get public input on the rulemaking agenda and committee makeup on April 11 and 12 in 2023. You can find the official notice of the hearings in the Federal Register.

Public hearing transcripts and recordings:

• Pre-negotiation public hearing recordings and transcripts are listed under "public hearing information"

The department also received written comments to inform this rulemaking.

New America submitted public comments highlighting priorities the committee should consider to ensure that students and taxpayers are properly protected by federal regulations.

This rulemaking will focus on a variety of issues related to enhancing program integrity in higher education, as well as a subcommittee tasked with focusing on TRIO-related issues. The agenda will cover:

• The Secretary's recognition of accrediting agencies under 34 CFR part 602 and related parts.
• Institutional eligibility under 34 CFR 600.2, including State authorization as a component of such eligibility under 34 CFR 600.9.
• The requirements for distance education under 34 CFR 600.2 that pertain to clock hour programs and reporting for students who enroll primarily online.
• Return of Title IV funds, to address requirements for participating institutions to return unearned Title IV funds in a manner that protects students and taxpayers while easing the administrative burden for institutions of higher education under 34 CFR 668.22.
• Cash management, to address timely student access to disbursements of Title IV, HEA Federal student financial assistance and provisions related to credit balances, escheatment, and loss of such funds under 34 CFR part 668, subpart K.
• The eligibility requirements for participants in the Federal TRIO Programs.

For frequently asked questions about negotiated rulemaking, please visit ED's Negotiated Rulemaking FAQ page.

The negotiated rulemaking hearings will take place during three separate virtual sessions. These hearings are open to the public. However, you must register in advance to watch the rulemaking. You can register to watch the sessions using the links below for each week of negotiations.

The negotiating sessions for the full committee will be held on the following dates and times:

• Session 1: January 8–11, 2024, 10 am–12 pm and 1–4 pm
• Session 2: February 5–8, 2024, 10 am–12 pm and 1–4 pm
  • Registration link
• Session 3: March 4–7, 2024, 10 am–12 pm and 1–4 pm
  • Registration link

The TRIO Subcommittee will meet on these days:

• Session 1: January 12, 2024, 10 am–1 pm and 1 pm–3pm
• Session 2: February 9, 2024, 10 am–1 pm and 1 pm–3pm

There will be 30 minutes for public comments at the end of each day for the full committee, except for the final day of the final negotiating session. The subcommittee sessions will not have public comments. Anyone who wishes to provide public comments should email their request to negreghearing@ed.gov, and include their name and the name of the organization they represent.

The Department released its call for negotiations for this rulemaking on November 29, 2023. Nominations had to be submitted on or before December 13, 2023.

Negotiator information is now public. We have listed the negotiators below.

Negotiators usually are knowledgeable about the topic, represent the interests of those significantly affected by the topics proposed for rulemaking, and reflect the diversity of program participants. ED generally selects one negotiator and one alternate negotiator for each constituency. The primary negotiator participates in the neg-reg discussion and votes to reach consensus. The alternate negotiator does so only if the primary negotiator is absent.

ED has identified several constituencies that they would like to see represented at the negotiation table, listed below.

ED has listed the following constituency groups and negotiators for the full committee:

• Federal Negotiator
  • Gregory Martin
• Office of General Counsel (non-voting)
  • Denise Morelli and Donna Mangold
• Federal Mediation and Conciliation Service (non-voting)
  • Cynthia Jeffries, John Weathers, Brady Roberts, Kevin Wagner, and Krystil Smith
• Civil rights organizations and consumer advocates.
  • Carolyn Fast, The Century Foundation (primary)
  • Magin Misael Sanchez, UnidosUS (alternate)
• Legal assistance organizations.
  • Robyn Smith, Legal Aid Foundation of Los Angeles and National Consumer Law Center (primary)
  • Sophie Laing, Pine Tree Legal Assistance (alternate)
• State officials, including state higher education executive officers, state authorizing agencies, and state regulators of institutions of higher education.
  • John Ware, Ohio State Board of Career Colleges and Schools (primary)
  • Robert Anderson, State Higher Education Executive Officers Association (alternate)
• State attorneys general.
  • Diana Hooley, Massachusetts Attorney General’s Office (primary)
  • TBD (alternate)
• Students or borrowers, including currently enrolled borrowers, or groups representing them.
  • Jessica Morales, American University – Washington School of Law (primary) Emmett Blaney, Young Invincibles (alternate)
• U.S. military service members, veterans, or groups representing them.
  • Barmak Nassirian, Veterans Education Success (primary)
  • Ashlynne Haycock-Lohmann, Tragedy Assistance Program for Survivors (alternate)
• Public four-year institutions of higher education.
  • Jason Lorgan, University of California, Davis (primary)
  • Alyssa Dobson, Slippery Rock University (alternate)
• Public two-year institutions of higher education.
  • Jo Alice Blondin, Clark State College (primary)
  • Michael Cioce, Rowan College at Burlington County (alternate)
• Private nonprofit institutions of higher education.
  • Erika Linden, Des Moines University (primary)
  • Scott Dolan, Excelsior University (alternate)
• Historically Black colleges and universities, tribal colleges and universities, and Minority-serving institutions (institutions of higher education eligible to receive federal assistance under Title III, parts A and F, and title V of the HEA).
  • Charles B W Prince, Dillard University (primary) D’Angelo Sands, Texas A&M University-Corpus Christi (alternate)
• Proprietary institutions of higher education.
  • Jillian Klein, Strategic Education, Inc. (primary)
  • David Cohen, Five Towns College and APC Board of Directors (alternate)
• Institutional accrediting agencies recognized by the Secretary.
  • Jamienne S. Studley, WASC Senior College and University Commission (primary)
  • Michale McComis, Accrediting Commission of Career Schools and Colleges (alternate)
• Programmatic accrediting agencies recognized by the Secretary, to include State agencies recognized for the approval of nurse education.
  • Laura Rasar King, Council on Education for Public Health (primary)
  • Amy Ackerson, Missouri State Board of Nursing (alternate)
• Financial aid administrators.
  • JoEllen Price, San Jacinto College (primary)
  • Zack Goodwin, University of Nevada, Las Vegas (alternate)
• Business officers from institutions of higher education.
  • Joe Weglarz, Marist College (primary)
  • Dom Chase, Ivy Tech Community College of Indiana (alternate)

For the TRIO subcommittee, these are the negotiators and the groups they represent:

• U.S. Department of Education.
  • Aaron Washington, Office of Postsecondary Education (Subcommittee leader)
  • Hannah Hodel, Office of General Council
• Institutions of higher education.
  • D’Angelo Sands, Texas A&M University-Corpus Christi
• Public or private agencies or organizations, including community-based organizations with experience in serving disadvantaged youth.
  • Emalyn Lapus, Japanese Community Youth Council
• Secondary schools, including local educational agencies with secondary schools.
  • Geof Garner, Multnomah Education Service District
• Current or former participants in a federal TRIO program.
  • Wade Williams, Crowder College Foundations
• State officials, including state higher education executive officers, State authorizing agencies, and state regulators of institutions of higher education.
  • TBD

We will upload recordings and transcripts of committee meetings once they become available.

Session One

• January 8, 2024 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF
  Recording: https://youtu.be/L5Rb9Tv-bzw
• January 8, 2024 – 1:00 p.m. to 4:00 pm
  Transcript: PDF
  Recording: https://youtu.be/l15dQ4rAe6A
• January 9, 2024 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF
  Recording: https://youtu.be/a5WtONS_ntE
• January 9, 2024 – 1:00 p.m. to 4:00 pm
  Transcript: PDF
  Recording: https://youtu.be/xH533MIYTAo
• January 10, 2024 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF
  Recording: https://youtu.be/zwlnWSq_qTw
• January 10, 2024 – 1:00 p.m. to 4:00 pm
  Transcript: PDF
  Recording: https://youtu.be/CyiW1XTzgbY
• January 11, 2024 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF
  Recording: https://youtu.be/mbNKSh3jb-Y
• January 11, 2024 – 1:00 p.m. to 4:00 pm
  Transcript: PDF
  Recording: https://youtu.be/okqlwf1_Dmo

Session Two

• February 5, 2024 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF
  Recording: https://youtu.be/hCv11D6WAak
• February 5, 2024 – 1:00 p.m. to 4:00 pm
  Transcript: PDF
  Recording: https://youtu.be/y4_yA3InP-Q
• February 6, 2024 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF
  Recording: https://youtu.be/eTeTJKmT_7g
• February 6, 2024 – 1:00 p.m. to 4:00 pm
  Transcript: PDF
  Recording: https://youtu.be/yuk-xZADBus
• February 7, 2024 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF
  Recording: https://youtu.be/xgFs3ef40WA
• February 7, 2024 – 1:00 p.m. to 4:00 pm
  Transcript: PDF
  Recording: https://youtu.be/hAj57ICQ6eA
• February 8, 2024 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF
  Recording: https://youtu.be/hiNIa4yIUdA
• February 8, 2024 – 1:00 p.m. to 4:00 pm
  Transcript: PDF
  Recording: https://youtu.be/88YvGFZBuGM

Session Three

ED usually provides issue papers that contain background information on the topic under consideration, along with regulatory text and other resources. ED also provides other resources, and negotiators have their own opportunity to submit resources and suggested regulatory text. We will add these resources to this page as they are published.

Session One

• Session 1 Issue Paper Cash Management PDF
• Session 1 Issue Paper State Authorization PDF
• Session 1 Issue Paper Distance Education PDF
• Session 1 Issue Paper R2T4 PDF
• Session 1 Issue Paper Accreditation PDF, Session 1 Accreditation Regulatory Text PDF
• Session 1 Issue Paper TRIO PDF

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
• State Authorization Reciprocity Agreements – Proposed Regulatory Language – Session 1 (Submitted by Carolyn Fast) PDF
• State Authorizer Risk-Based Reviews – Session 1 (Submitted by Jessica Morales) PDF
• Issue Paper 1 – Information/Data Request – Session 1 (Submitted by Robyn Smith and Sophia Laing) PDF
• Sweeping Meal Plans [Cash Management] – Session 1 (Submitted by Magin Misael Sanchez and Jessi Morales) PDF
• Proposal for R2T4 Language – Session 1 (Submitted by Alyssa Dobson) PDF
• Issue Paper 4 – Withdrawals and Return of Title IV Funds – Session 1 (Submitted by JoEllen Price) PDF
• Automatic Textbook Billing-Session 1 (Submitted by Morales, Blaney, Fast, Sanchez, Nassirian, and Haycock-Lohmann) PDF
• Accreditation Proposals-Session 1 (Submitted by Morales, Blaney, Fast, Sanchez, Smith, Liang, Nassirian, Haycock-Lohmann) PDF
• Proposed 34 C.F.R. Part 604–Approval of State Agencies for Nursing Education (Submitted by King and Ackerson) PDF
• Collect Distance Education Status by Title IV Student (Submitted by Jillian Klein, Robyn Smith, and Sophie Laing) PDF
• Language for Flex Dollars (Submitted by Jason Lorgan and Alyssa Dobson) PDF
• Treatment of Title IV Funds When a Student Withdraws (§ 668.22(b)(3)(i)) (Submitted by Jillian Klein) PDF*

Materials distributed by the negotiators after session 1:

• Questions for Department Regarding Proposed 34 CFR § 602.20(h) (Submitted by Carolyn Fast) PDF
• Issue Paper 1 – Cash Management (Submitted by Robyn Smith and Sophie Laing) PDF
• Books and Supplies as Part of Tuition and Fees (668.164(c) and (m)) (Submitted by Jason Lorgan and Alyssa Dobson) PDF
• Revised and Expanded Proposals on State Authorization Reciprocity Agreements (Submitted by Carolyn Fast and Barmak Nassirian) PDF
• Accreditation Regulations (Submitted by Carolyn Fast and Barmak Nassirian) PDF
• Complaint Systems and Governance in State Authorization (Submitted by Robert Anderson) PDF
• Cash Management Proposal (Submitted by Dom Chase) PDF
• Issue Paper 1 – Cash Management (Submitted by Erika Linden and Scott Dolan) PDF* (146K)
• Accreditation Proposal (Submitted by Carolyn Fast) PDF
• Proposed Changes to Cash Management Regulations (Submitted by Joe Weglarz and Dom Chase) PDF
• Accreditation (Submitted by Jamienne Studley, Michale McComis, and Laura Rasar King) PDF
• 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
• Issue Paper 3 – Distance Education (Data Request) (Submitted by Erika Linden and Scott Dolan) PDF
• Links shared via Zoom Chat PDF

Session Two

Materials distributed by the Department prior to session 2:

• Session 2 Agenda PDF
• Session 2 Issue Paper Cash Management V2 PDF
• Session 2 Issue Paper State Authorization V2 PDF
• Session 2 Issue Paper Distance Education V2 PDF
• Session 2 Issue Paper R2T4 V2 PDF
• Session 2 Accreditation Regulatory Text V2 PDF

Materials distributed by the negotiators prior to session 2:

• “Savings” Under Inclusive Access Programs (Submitted by Jessica Morales, Emmett Blaney, Ashlynne Haycock-Lohmann) PDF
• Advancing Racial Equity – Accreditation (Submitted by Magin Sanchez) PDF

Materials distributed by the negotiators after session 2:

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

Session Three

Materials distributed by the Department prior to session 3:

• Session 3 Issue Paper Cash Management V3 PDF
• Session 3 Issue Paper State Authorization V3 PDF
• Session 3 Issue Paper Distance Education V3 PDF
• Session 3 Issue Paper R2T4 V3 PDF
• Session 3 Accreditation Regulatory Text V3 PDF
• Session 3 Issue Paper TRIO PDF
• Links to Guidance on Asynchronous Clock Hours:
  • Webinar by David Musser and Greg Martin
  • FSA Handbook, Volume 2, Chapter 2

Please follow the conversation using #NegReg. Follow our negotiated rulemaking official account @HigherEdNegReg, and @amylaitinen1, @higheredrachel, and @e_conroy1 for further commentary.