ED Rulemaking Committee Discusses State Authorization and Distance Learning in Second Session
Published February 20, 2024
By AACOM Government Relations
Advocacy Federal Policy Financial Aid GME Higher Education OME Advocate
- On February 5-8, 2024, members of the U.S. Department of Education (ED)’s Program Integrity and Institutional Quality negotiated rulemaking committee assembled for their second session to deliberate proposed regulations under the Higher Education Act.
- AACOM nominee, Erika Linden, CHC, chief compliance officer and Title IX coordinator at Des Moines University, returned with other negotiators to review ED's recommendations on accrediting agency recognition, institutional eligibility, distance education, return of Title IV funds, cash management regulation and the Federal TRIO programs.
- Negotiators examined ED’s updated edits to the draft language regulating state authorization reciprocity agreements and debated empowering states to enforce their own education-specific laws outside National Council for State Authorization Reciprocity Agreements guidelines. ED proposed new provisions that would require state authorization reciprocity agreements to include a “state-led process” that allow participating states to propose and adopt policies of the agreement.
- The Committee also reviewed ED’s edits to its issue paper on distance education. These changes included clarifying the definition of “additional location” and preventing Title IV aid to be used for asynchronous learning in clock hour programs. ED commented they have received proposals that state the department could collect data from students in distance education programs via the National Student Loan Data System.
- For a summary of state authorization and distance education discussions, see AACOM’s analysis.
- ED will hold the final session March 4-7, 2024. Those interested in reviewing recordings of the previous sessions, reading committee materials and watching the next session can do so on ED's website.