In preparation for the transition to the Trump administration, the Department of Education (ED) has finalized key regulations, withdrawn several proposals, and reinforced upcoming compliance deadlines. These actions mark the conclusion of the department’s regulatory agenda, addressing issues such as distance education, Title IX, and campus safety. Here’s what campuses need to know as ED’s focus shifts under new leadership.
Distance education, Return of Title IV, and TRIO programs: On Jan. 3, ED released final rules on distance education and Return of Title IV Funds (R2T4), concluding the 2023-24 negotiated rulemaking process. While the rules missed the Nov. 1 deadline for a July 2025 effective date, ED opted for early implementation of some provisions, with the remainder taking effect on July 1, 2026.
On distance education, ED did not move forward with several problematic provisions that ACE and the higher education community opposed. These included creating a new “virtual location” for reporting online enrollment and limiting asynchronous coursework for clock-hour programs. Instead, the final rule requires institutions to report enrollment in distance education courses through the National Student Loan Data System, starting July 1, 2027. The rule also includes a revised definition of a “distance education course,” reflecting ED’s focus on online learning quality. You can read more in this summary.
The final R2T4 regulations incorporated key changes based on our input, including the decision not to require institutions to take attendance for distance education courses. ED acknowledged concerns about the reliability of tools for tracking online student engagement and agreed this mandate was unnecessary. Other notable updates include retaining the optional exemption for institutions with generous tuition refund policies, effective as early as Feb. 3, 2025.
For TRIO, ED decided not to move forward with consensus language to expand the programs to non-citizen students enrolled or seeking to enroll in high school.
Title IX participation in student athletics, other rules withdrawn: ED has withdrawn five proposed rules: 1) the Title IX rule establishing standards for student athletes to join teams consistent with their gender identity; 2) a proposal to rescind Trump-era regulations on “Religious Liberty and Free Inquiry,” with critics arguing that the proposed rescission discriminated against faith-based organizations; 3) a proposal to modify current regulations on state authorization, cash management, and accreditation; 4) a proposal to allow the secretary to waive all or part of any student debts owed to ED; and 5) a proposal to waive loan repayment for borrowers experiencing a hardship.
ED cited extensive public comments and ongoing litigation in its decision to withdraw the Title IX proposal, which had garnered over 150,000 responses during its comment period. The withdrawal of the “Free Inquiry” rule leaves intact the Trump-era provisions affecting student organization policies, while the remaining three proposed were dropped because of operational challenges and limited resources, according to the department. These withdrawals may also reflect ED’s strategic response to strong Republican opposition, as it leaves the door open to make broader changes through future rulemaking.
ED confirms the Jan. 15 deadline for Gainful Employment/Financial Value Transparency reporting: On Dec. 20, ED posted an update to its FVT/GE FAQ page, stating “the Department is unable to offer additional flexibility” regarding the Jan. 15 reporting deadline. The update follows our community letter last month requesting a delay in the reporting deadline until July 2025, given what institutions have told us about the need for additional time and further detailed guidance from ED. So, by Jan. 15, institutions must report both completers list data and debt and student aid data. More information can be found here.
Reporting under the new Stop Campus Hazing Act: The Stop Campus Hazing Act, signed into law on Dec. 23, establishes a federal definition of hazing, requires institutions to implement hazing prevention policies, and mandates increased transparency through reporting. Colleges and universities must now comply with an accelerated timeline for reporting obligations and policy updates. Starting Jan. 1, 2025, institutions are required to begin collecting hazing statistics as part of the Clery Annual Security Report. For detailed compliance timelines and reporting requirements, visit the Clery Center website.