Duane Morris Analyzes USDE’s Notice Establishing Negotiated Rulemaking Committee and First Round of Negotiation Topics

Duane Morris 

Jonathan Helwink
August 10, 2021
On August 6, 2021, the U.S. Department of Education (USDE) announced that it would be establishing a negotiated rulemaking committee, entitled the “Affordability and Student Loans Committee,” that will, starting in October, meet to begin rewriting certain Title IV-related regulations. The announcement also included a schedule for the virtual negotiation sessions and instructions on how to submit nominations for committee, subcommittee, and advisor spots. The full announcement, officially published on August 10, can be found here.
The Issues Up for Negotiation
After announcing an ambitious schedule of topics in May, USDE has followed up with a similarly ambitious agenda for the first round of negotiations for the Biden Administration’s Department of Education. USDE remarked that this initial list does not include all of those announced topics – plus the upcoming 90/10 rulemaking (which cannot begin until after October 1, 2021) and any additional topics proposed by commenters – but that those topics “may be considered by a separate rulemaking committee(s) formed at a later date.” We note that Topics #5 and #6 below were not on the USDE’s proposed list of topics in May. It also worth pointing out the notable topics not included in this round of rulemaking, including gainful employment (an Administration priority), change of ownership/change in control, certification procedures, administrative capability, and financial responsibility.