The U.S. Education Department (ED) this week wrapped up the third and final negotiated rulemaking sessions on Title IV program integrity and quality issues, including accreditation, state authorization, distance education, return of Title IV funds, cash management and TRIO eligibility.
The third rulemaking table saw negotiators considering updated language and voting on whether the proposed changes are acceptable. For review, if negotiators reach consensus, the department is compelled to implement the language that was agreed to. If negotiators fail to reach consensus, the ED can draft its own language based on the discussion and concerns raised during the rulemaking process. As a next step, the department will issue proposed regulations, during which stakeholders can submit comments.
Almost, but not quite
Negotiators nearly reached consensus on the proposal to simplify processes around return of Title IV funds, but disagreements remained over requiring attendance-taking for entirely online courses in order to capture withdrawal dates for students enrolled online. Negotiators also failed to reach consensus on the cash management proposal to require colleges to move to an “opt-in” model for including textbooks in tuition and fees (a key component of “inclusive access” programs used by many community colleges), the regulation of distance education programs, and state authorization issues around reciprocity agreements.
The American Association of Community Colleges is highly engaged in this rulemaking and will offer public comments on issues affecting community colleges once the department issues these regulations as proposed rules.
