Large Disagreements Between Institutions and the Department as Negotiated Rulemaking Session Ends
March 18, 2022
Arlington, VA – Today marks the end of the U.S. Department of Education’s negotiated rulemaking committee on Institutional and Programmatic Eligibility. As part of this rulemaking, the Department proposed modifying regulations on the 90/10 rule, resurrecting the Gainful Employment regulations, and changes to various other regulations under Title IV of the Higher Education Act. Throughout this negotiated rulemaking process, many of the negotiators representing different types of higher education institutions expressed disappointment with the Department’s proposals and voted against them, including six negotiators (or 40 percent of the committee) voting against the Department’s Gainful Employment (GE) proposal and nine negotiators (or 60 percent of the committee) voting against the changes of ownership and change in control proposal.
