ED Proposes Significant Revisions to Title IV Certification, Financial Responsibility and Administrative Capability Requirements
Jonathan D. Tarnow and Cindy Irani
June 12, 2023
On May 19, 2023, the U.S. Department of Education (ED) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to substantially change or expand a host of regulatory requirements concerning institutional and programmatic eligibility for federal student financial assistance under Title IV of the Higher Education Act (Title IV). In addition to proposing a reinstated and modified Gainful Employment regulation, which we will summarize in a separate alert due to its particular significance and complexity, the Proposed Rule reflects major alterations to ED’s certification, financial responsibility and administrative capability rules for Title IV-participating institutions of higher education. The Proposed Rule also would amend the ability-to-benefit requirements for eligible career pathways programs to be Title IV eligible. All of these topics were considered during a negotiated rulemaking process conducted by the Department between January and March 2022, and the impacts of the Proposed Rule generally will be experienced by all postsecondary institutions that participate in the Title IV programs.
