2019 Accreditation and Innovation Rulemaking
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On October 15, 2018, the U.S. Department of Education (Department) announced its intent to establish a negotiated rulemaking committee and three subcommittees to prepare proposed regulations for the title IV, HEA programs in several topic areas.
After considering written submissions and feedback received at three field hearings facilitated in September 2018, one at which CECU provided public comments, the Department decided to establish a single rulemaking committee. This rulemaking committee, designated the Accreditation and Innovation Committee, was charged with addressing four general topic areas: (1) accreditation; (2) distance learning and educational innovation; (3) TEACH grants; and (4) participation by faith-based educational entities. Several of these areas are of interest to our sector. The three subcommittees, which were advisory in nature and comprised of individuals with pertinent expertise in the topic areas, were tasked with making recommendations to the Accreditation and Innovation Committee. |
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The Department held four in-person sessions for the rulemaking committee and three in-person sessions for the subcommittees between January and April 2019.
Daily summaries were sent to the CECU membership at the end of each day of negotiated rulemaking.
Notice of Proposed Rulemaking on Accreditation and Related Issues
On June 12, 2019, the Department published in the Federal Register the notice of proposed rulemaking (NPRM) on accreditation and related issues.
The NPRM on accreditation and related issues is the result of a four-month process during which the Department-appointed negotiated rulemaking committee convened earlier this year to overhaul a broad swath of federal higher education regulations, including those related to accrediting agencies, certain student assistance general provisions, institutional eligibility, as well as make various technical corrections. The proposed changes outlined in the NPRM are based mainly on language agreed to by the rulemaking committee during its final meeting on April 3, 2019.
Consistent with the rulemaking committee's approach during negotiations, the Department plans to separate the agreed to proposed regulations into three separate NPRMs to collect public feedback. The NPRM on accreditation and related issues, the first of three anticipated packages, aims to:
In a press release issued on June 11, 2019, Education Secretary Betsy DeVos said that "[w]ith these reforms, our nation's colleges and universities can spend more time and effort on serving students and less time, energy, and money focused on bureaucratic compliance."
Although consensus was reached on all proposed regulations during the negotiated rulemaking process, the Department is still interested in receiving comments related to other alternatives to the proposed language. The Department will review and consider all public comments in developing final regulations, the publication of which is expected on or before November 1, 2019.
Daily summaries were sent to the CECU membership at the end of each day of negotiated rulemaking.
Notice of Proposed Rulemaking on Accreditation and Related Issues
On June 12, 2019, the Department published in the Federal Register the notice of proposed rulemaking (NPRM) on accreditation and related issues.
The NPRM on accreditation and related issues is the result of a four-month process during which the Department-appointed negotiated rulemaking committee convened earlier this year to overhaul a broad swath of federal higher education regulations, including those related to accrediting agencies, certain student assistance general provisions, institutional eligibility, as well as make various technical corrections. The proposed changes outlined in the NPRM are based mainly on language agreed to by the rulemaking committee during its final meeting on April 3, 2019.
Consistent with the rulemaking committee's approach during negotiations, the Department plans to separate the agreed to proposed regulations into three separate NPRMs to collect public feedback. The NPRM on accreditation and related issues, the first of three anticipated packages, aims to:
- strengthen the regulatory triad by more clearly defining the roles and responsibilities of accrediting agencies, States, and the Department in oversight of institutions participating in the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965;
- establish "substantial compliance" as the standard for agency recognition;
- increase academic and career mobility for students by eliminating artificial regulatory barriers to work in a profession;
- provide greater flexibility for institutions to engage in innovative educational practices more expeditiously and meet local and national workforce needs;
- protect institutional autonomy, honor individual campus missions, and afford institutions the opportunity to build campus communities based upon shared values;
- modify "substantive change" requirements to provide greater flexibility to institutions to innovate and respond to the needs of students and employers, while maintaining strict agency oversight in instances of more complicated or higher risk changes in institutional mission, program mix, or level of credential offered;
- clarify the Department's accrediting agency recognition process, including accurate recognition of the geographic area within which an agency conducts business;
- encourage and enable accrediting agencies to support innovative practices, and provide support to accrediting agencies when they take adverse actions; and
- modify the requirements for State authorization.
In a press release issued on June 11, 2019, Education Secretary Betsy DeVos said that "[w]ith these reforms, our nation's colleges and universities can spend more time and effort on serving students and less time, energy, and money focused on bureaucratic compliance."
Although consensus was reached on all proposed regulations during the negotiated rulemaking process, the Department is still interested in receiving comments related to other alternatives to the proposed language. The Department will review and consider all public comments in developing final regulations, the publication of which is expected on or before November 1, 2019.
To catch up on the Department's recent rulemaking, including CECU's public testimony to Department officials, summaries from each day of negotiated rulemaking, and the final consensus-based language, click here.
Please direct any questions related to the Department’s rulemaking on accreditation and innovation to Nicholas Kent, Senior Vice President of Policy and Research, at (571) 800-6524 or Nicholas.Kent@career.org.