Washington Watch: No news is good news on pending ED rules
David Baime
November 4, 2024
The U.S. Education Department (ED) failed to publish final rules on distance education, Return of Title IV Funds (R2T4), and TRIO eligibility by November. As a result, the regulations cannot be required to take effect when the next award year starts on July 1, in keeping with the requirements of the Higher Education Act.
Earlier this year, ED held several panels of “negotiating rulemaking” on key issues related to program integrity and institutional quality. Community colleges were deeply engaged in this rulemaking process and were represented at the panels by Jo Alice Blondin, president of Clark State College (Ohio), and Michael Cioce, president of Rowan College at Burlington County (New Jersey). ED advanced a Notice of Proposed Rulemaking (NPRM) on R2T4, distance education and TRIO, but left other areas of consideration, including cash management, state authorization and accreditation, for later.
The American Association of Community Colleges (AACC) subsequently filed formal comments on the NPRM in August also met with ED management and budget officials on the pending rules. The department was expected to issue final rules by November 1. Missing the deadline is likely attributable to several factors, including the plethora of regulatory activity that continues to take place at ED. The delay was also reportedly related to the detailed and complex public comments that were submitted, including AACC’s.
