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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鈥檚 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 ;
  • Certificates of procedures for participation in Title IV, HEA programs under ;
  • Standards of administrative capability under ;
  • Ability to benefit under ;
  • Financial responsibility for participating institutions of higher education, under , such as events that indicate heightened financial risk;
  • Gainful employment (formerly located in )
  • The 90/10 Rule under

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

Affordability and Student Loans Committee:

  • Borrower defense to repayment under , , , and ;
  • Discharges for borrowers with a total and permanent disability under , , and ;
  • Closed school discharges under and ;
  • Discharges for false certification of student eligibility under (a)(1) and ;
  • Loan repayment plans under , , , and ;
  • The Public Service Loan Forgiveness program under ;
  • Mandatory pre-dispute arbitration and prohibition of class action lawsuits provision in institutions' enrollment agreements (formerly under ) and associated counseling about such agreements under ;
  • Gainful employment (formerly located in ); and
  • Pell Grant eligibility for prison education programs under .

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

Topics Covered by the Rulemaking

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