The Biden Administration’s Last Chance to Make Changes to Higher Education Policy
Introduction
The U.S. Education Department has announced its plans to update regulations governing accreditation, state authorization, and the definition of distance education. This round of rule making, scheduled for spring 2024, could be the Biden administration’s final opportunity to impact federal higher education policy in its first term.
The Biden Administration’s Ambitious Plans
The Biden administration is moving forward with its ambitious plans to update regulations regarding accreditation and the definition of distance education, among other topics, according to the U.S. Education Department. These planned negotiations could be the administration’s last chance to leave a lasting impact on federal higher education policy before the 2024 presidential election. While any regulatory updates would likely take effect in 2025, experts and advocates see an opportunity to improve the higher education system for students and enhance consumer protections.
Commitment to Quality Higher Education
U.S. Secretary of Education, Miguel Cardona, expressed the department’s commitment to expanding access to quality higher education and supporting students in achieving their college dreams. The regulatory efforts aim to ensure that students are well served by the higher education institutions they attend and that federal student aid programs help them succeed in their postsecondary education.
The Agenda for Negotiation
The final list of issues subject to negotiation will address various aspects of Title IV program integrity and institutional quality under the Higher Education Act. The Education Department plans to update regulations governing the following:
- The Secretary’s recognition of accrediting agencies and related matters
- Institutional eligibility, including state authorization
- The definition of distance education, specifically pertaining to clock-hour programs and reporting for primarily online students
- Institutions’ return of Title IV funds to the government
- Cash management to address the disbursement of student funds
Potential Changes
While specific changes were not mentioned in the announcement, advocates, experts, and analysts have speculated on potential updates. These include standardizing the definition of distance education, strengthening rules for accrediting agencies, and requiring colleges to adhere to state consumer protection laws even if they are part of a multistate reciprocity agreement.
Third-Party Servicers
The issue of third-party servicers, which are entities that colleges and universities contract with to administer financial aid and other programs, did not make the final list for negotiation. However, the Education Department plans to issue updated guidance on the topic early next year, addressing concerns raised by college and ed-tech officials.
The Process of Negotiated Rule Making
The announcement marks the next step in the negotiated rule making process, whereby the Education Department develops policy in certain areas. The department outlined its agenda for this round earlier in the year, holding a hearing in April to gather input on additional topics to consider. The negotiations were initially scheduled for the fall but were delayed to allow the department to focus on providing pathways to debt relief. Advocates expressed concerns about the department’s capacity for another negotiated rule making process.
The Negotation Committee and Subcommittee
The Education Department has issued a request for nominations of negotiators to serve on the committee responsible for considering regulatory proposals. The committee will convene for the first of three sessions from Jan. 8-11 during the spring. Additionally, a subcommittee will be formed to explore participant eligibility requirements for federal TRIO programs, which assist underserved student groups in accessing and completing college. The department’s openness to revising the requirement that TRIO participants must be U.S. citizens is evident in the formation of this subcommittee. Representatives from various constituent groups, including institutions of higher education, state attorneys general, and student accreditors, will be part of the main negotiating committee.
Conclusion
The Biden administration aims to make significant changes to federal higher education policy through the upcoming round of negotiated rule making. By updating regulations governing accreditation, state authorization, and the definition of distance education, the Education Department seeks to improve the higher education system and ensure students receive the support they need to succeed.