AACOM Nominee Appointed as Primary Negotiator on New ED Rulemaking Committee

Published January 22, 2024

By AACOM Government Relations

Advocacy Federal Policy Higher Education OME Advocate

  • On January 8-11, 2024, ED convened the first session of the Program Integrity and Institutional Quality negotiated rulemaking committee, which will prepare proposed regulations under the Higher Education Act.
  • AACOM nominee, Erika Linden, CHC, chief compliance officer and Title IX coordinator at Des Moines University, is serving as the primary negotiator representing private nonprofit institutions of higher education.
  • Ms. Linden joins negotiators on the committee to address accrediting agency recognition, institutional eligibility, distance education, return of Title IV funds, cash management regulation and the Federal TRIO programs.
  • During the first session, negotiators reviewed ED’s proposed changes to state authorization reciprocity agreements and their concerns related to the current student complaint process and governance of reciprocity boards. Committee members expressed concern over the proposed limits to the makeup of the governing boards, and it appears ED will provide updated drafts during the second session.
  • The Committee also reviewed proposals on improving ED’s data collection of distance and asynchronous learning. This includes removing the allowance for clock-hour programs provided via distance education to be offered via asynchronous learning. Negotiators raised questions regarding the timeline and transition period of these policies.
  • For a summary of state authorization and distance education discussions, see AACOM’s analysis.
  • ED will hold the second session February 5-8, 2024. Those interested in reviewing recordings of the first session, reading committee materials and watching the next session can do so on ED's website.