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This year's negotiated rulemaking will be unlike any other in that it will likely be held virtually due to the continued COVID-19 pandemic. Before the actual rulemaking begins, the Department will hold three days of virtual hearings to establish the rulemaking agenda and committees on June 21st, 23rd, and 24th. You can find the official notice in the federal register .

Public hearing transcripts and recordings can be found below:

• June 21, 2021 and
• June 23, 2021 and
• June 24, 2021 and
• October 26, 2021 and (90/10 comments only)
• October 27, 2021 and (90/10 comments only)

The Department invited organizations and groups that are significantly affected by the topics covered in the rulemaking to submit comments—these can be oral comments presented during the hearings or written comments submitted by July 1st. Organizations can also submit comments suggesting ED consider topics not listed in the original agenda. You can find Â鶹¹û¶³´«Ã½'s submitted written comments here. Other comments can be found .

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 include:

1. Change of ownership and change in control of institutions of higher education under ;
2. Certificates of procedures for participation in Title IV, HEA programs under ;
3. Standards of administrative capability under ;
4. Ability to benefit under ;
5. Borrower defense to repayment under , , , and ;
6. Discharges for borrowers with a total and permanent disability under , , and ;
7. Closed school discharges under and ;
8. Discharges for false certification of student eligibility under (a)(1) and ;
9. Loan repayment plans under , , , and ;
10. The Public Service Loan Forgiveness program under ;
11. Mandatory pre-dispute arbitration and prohibition of class action lawsuits provision in institutions' enrollment agreements (formerly under ) and associated counseling about such agreements under ;
12. Financial responsibility for participating institutions of higher education, under , such as events that indicate heightened financial risk;
13. Gainful employment (formerly located in ); and
14. Pell Grant eligibility for prison education programs under .

Additionally, the Department invited public input on how it could address gaps in student outcomes such as retention, completion, loan repayment, and student loan default by race, ethnicity, gender, and other key student characteristics through its regulation. These topics are just the ones the Department has suggested, but it will be listening for other topics that the public suggests in oral and written comments.

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