The Department of Education (ED) last week released
proposed regulations that would alter distance education, return of Title
IV funds (R2T4), and Federal TRIO programs—including expanding access to TRIO
programs to undocumented students—while also announcing that it would delay the
release of draft regulations covering a variety of other topics.
Earlier this year, ED held negotiated
rulemaking sessions titled “Program Integrity and Institutional Quality,” which,
in addition to distance education, R2T4, and TRIO, covered accreditation, state
authorization, and cash management issues. On the same day it released the
draft regulations, in a separate announcement via a blog post by Under
Secretary of Education James Kvaal, ED
said that regulations on the other topics will be released in 2025. (For
more on the delay, read this Inside
Higher Ed article).
Aside from the regulations regarding TRIO, ED and the
negotiators failed to reach consensus on regulatory language, which enabled ED
to issue draft text without negotiator approval. Because ED and the negotiators
reached consensus on the TRIO proposed language, the draft rule largely matches
the text agreed upon during negotiations.
The proposed regulations would:
Distance Education: Redefine components of distance
education, such as additional location, clock hour, academic year, and distance
education course, and require institutions to report enrollment for distance
education courses.
R2T4: Revise provisions and reporting requirements for
student withdrawals; add new attendance reporting requirements; allow borrowers
to repay funds through a repayment plan; and add prison education programs to list
of exemptions for approving leaves of absence.
Federal TRIO Programs: Expand eligibility for some Federal
TRIO programs to include high school students in the United States or U.S. territories,
extending access to undocumented students.
Once the proposed regulations are officially published in
the Federal Register, the public will have 30 days to comment on them.
ACE will be submitting comments on the proposal. For more, review our summary
of the proposed regulations.
In his blog post announcing the delayed regulations, Kvaal wrote
that ED would convene a separate negotiated rulemaking committee to address regulations
related to third-party
servicers and plans “to issue revised guidance no sooner than late this
year” regarding compensating
recruiters.
“Getting our accountability work right is critical,’ wrote
Kvaal, who later added: “Innovation and creativity within our nation’s
postsecondary education system is critical to ensuring we increase rates of
college going and completion.”