Topics Covered by the Rulemaking

The Department of Education proposed rulemaking on a whopping fourteen topics, arguably the most ambitious neg reg list of possible topics to date. ED’s suggested topics in this year's negotiated rulemaking are split between two committees and include:

Institutional and Programmatic Eligibility Committee:

• Change of ownership and change in control of institutions of higher education under 34 CFR 600.31;
• Certificates of procedures for participation in Title IV, HEA programs under 34 CFR 668.13;
• Standards of administrative capability under 34 CFR 668.16;
• Ability to benefit under 34 CFR 668.156;
• Financial responsibility for participating institutions of higher education, under 34 CFR subpart L, such as events that indicate heightened financial risk;
• Gainful employment (formerly located in 34 CFR subpart Q)
• The 90/10 Rule under 34 CFR 668.28

On October 4th, 2021, the Department published their intent to establish a negotiated rulemaking committee on the 90/10 rule.

Affordability and Student Loans Committee:

• Borrower defense to repayment under 34 CFR 682.410, 682.411, 685.206, and 685.222;
• Discharges for borrowers with a total and permanent disability under 34 CFR 674.61, 682.402, and 685.213;
• Closed school discharges under 34 CFR 685.214 and 682.402;
• Discharges for false certification of student eligibility under 34 CFR 685.215(a)(1) and 682.402;
• Loan repayment plans under 34 CFR 682.209, 682.215, 685.208, and 685.209;
• The Public Service Loan Forgiveness program under 34 CFR 685.219;
• Mandatory pre-dispute arbitration and prohibition of class action lawsuits provision in institutions' enrollment agreements (formerly under 34 CFR 685.300) and associated counseling about such agreements under 34 CFR 685.304;
• Gainful employment (formerly located in 34 CFR subpart Q); and
• Pell Grant eligibility for prison education programs under 34 CFR part 690.

For frequently asked questions about negotiated rulemaking, please visit the U.S. Department of Education's research here.