Recently, the U.S. Department of Education announced that a new negotiated rulemaking panel will be formed to address some key aspects of federal higher education policy. Through the rulemaking process, the department has indicated that it will undertake a comprehensive review of the role that accrediting agencies play in overseeing postsecondary institutions, while also examining a number of related federal regulations.
Specifically, negotiators will discuss the rule governing arrangements between postsecondary institutions and non-traditional education and training providers. Currently, no more than half of an education program can be administered by a non-traditional entity, such as an industry association, labor organization or online training provider, in partnership with an accredited postsecondary institution. The panel will also examine the state authorization requirements for distance education programs, as well as a definition for “regular and substantive” interaction between instructors and students for such programs.
The negotiated rulemaking process was previously used by the Trump Administration in an attempt to rewrite the gainful employment rule in 2017. The panel was unable to reach a consensus, leaving it to Secretary of Education Betsy DeVos to decide the regulation’s fate.
