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Negotiated Rulemaking for Higher Education 2018-19

This Web page provides the public with background information regarding the Department’s negotiated rulemaking effort to make changes to the regulations for the programs authorized by Title IV of the Higher Education Act of 1965, as amended, in 2018-2019. For more information about negotiated rulemaking in general, please see our question and answer page.

Federal Register Notices by Date

Public Hearing Information

  • September 6, 2018, at the U.S. Department of Education, 400 Maryland Ave. SW, Barnard Auditorium, Washington, DC 20202.
    • Transcript: PDF (632K)
  • September 11, 2018, at Xavier University, Convocation Center Annex, Room 111, Building 62, 7800 Washington Ave., New Orleans, LA 70125.
    • Transcript: PDF (145K)
  • September 13, 2018, at Gateway Technical College, SC Johnson iMET Center, 2320 Renaissance Blvd., Sturtevant, WI 53177.
    • Transcript: PDF (290K)

The Washington, DC public hearing will be held from 9:00 a.m. to 4:00 p.m., Eastern Daylight Time. The New Orleans, LA and Sturtevant, WI public hearings will be held from 9:00 a.m. to 1:00 p.m., Central Daylight Time.

Negotiated Rulemaking Committee and Subcommittee Meetings

Committee Members PDF (193K)

For more information click here and here.

All sessions will run from 9:00 a.m. to 5:00 p.m.

Accreditation and Innovation

Session 1: January 14-16, 2019

    The U.S. Department of Education
    Barnard Auditorium
    400 Maryland Ave. SW
    Washington, DC 20202

    Live streaming available on: edstream.ed.gov
    Title: Accreditation and Innovation Negotiated Rulemaking
    Session 1, Day 1, January 14, 2019
    Session 1, Day 2, January 15, 2019
    Session 1, Day 3, January 16, 2019

Federal Offices in the Washington, DC area were closed due to weather and the January 14, 2019 meeting was cancelled. Only day 1 of session 1 was cancelled (January 14, 2019). The rulemaking will begin on January 15, 2019.

Federal Offices in the Washington, DC area are open on a 2 hours delayed arrival due to weather on January 15, 2019. The January 15, 2019 meeting (session 1, day 2) will begin at 12:00pm.

Session 2: February 19-22, 2019

    The U.S. Department of Education
    Potomac Center Plaza (PCP) Auditorium
    550 12th St. SW
    Washington, DC 20202

    Live streaming available on:edstream.ed.gov
    Title: Accreditation and Innovation Negotiated Rulemaking
    Session 2, Day 1, February 19, 2019
    Session 2, Day 2, February 20, 2019
    Session 2, Day 3, February 21, 2019
    Session 2, Day 4, February 22, 2019

Federal Offices in the Washington, DC area were closed due to weather and the February 20, 2019 meeting was cancelled (Session 2, Day 2).

Session 3: March 25-28, 2019

    The U.S. Department of Education
    Barnard Auditorium
    400 Maryland Ave. SW
    Washington, DC 20202

    Live streaming available on:edstream.ed.gov
    Title: Accreditation and Innovation Negotiated Rulemaking
    Session 3, Day 1, March 25, 2019
    Session 3, Day 2, March 26, 2019
    Session 3, Day 3, March 27, 2019
    Session 3, Day 4, March 28, 2019

The Accreditation and Innovation Committee meetings are open to the public to attend in person. The committee meetings will also be made available to the public through a Department-provided livestream.

Distance Learning and Educational Innovation Subcommittee

Session 1: January 17-18, 2019

Session 2: February 12-13, 2019

Session 3: March 11-12, 2019

The Distance Learning and Educational Innovation Subcommittee meetings are not open to the public to attend in person. The subcommittee meetings will be made available to the public through a Department-provided livestream.

TEACH Grants Subcommittee

Session 1: January 17-18, 2019

Session 2: February 12-13, 2019

Session 3: March 11-12, 2019

    The U.S. Department of Education
    400 Maryland Ave. SW
    Room 288-04
    Washington, DC 20202

    Live streaming available on You Tube
    March 11, 2019, Morning Session (9am – 12pm)
    https://youtu.be/iiS4e-xJA_E

    The subcommittee live stream links for “March 11, 2019,  Afternoon session (1pm-5pm)” and all day for the March 12, 2019 session are cancelled because the subcommittee concluded its work at noon on 3/11/2019.

The TEACH Grant Subcommittee meetings are not open to the public to attend in person. The subcommittee meetings will be made available to the public through a Department-provided livestream.

Faith-Based Entities Subcommittee

Session 1: January 17-18, 2019

Session 2: February 12-13, 2019

Session 3: March 11-12, 2019

The Faith-Based Entities Subcommittee meetings are not open to the public to attend in person. The subcommittee meetings will be made available to the public through a Department-provided livestream.

Materials handed out by the Department prior to the negotiated rulemaking session 1:

  • Agenda MS Word (15K)
  • Final Protocols PDF (290K)
  • 602 Accreditation MS Word (144K)
  • 654 Robert C Byrd Program MS Word (41K)
  • 668 Student Assistance General Provisions MS Word (120K)
  • 686 TEACH Grant Program MS Word (68K)
  • Religious Inclusion in Title IV Grant Making MS Word (35K)
  • Summary 600 Institutional Eligibility MS Word (40K)
  • Summary 602 Accreditation MS Word (53K)
  • Summary 654 Robert C Byrd Honors Scholarship Program MS Word (26K)
  • Summary 668 Student Assistance General Provisions MS Word (56K)
  • Summary 686 TEACH Grants MS Word (37K)
  • Summary Religious Inclusion MS Word (39K)
  • 600 Institutional Eligibility MS Word (95K)
  • Faith-Based Entities Subcommittee Overview MS Word (19K)
  • Faith-Based Entities Subcommittee Memorandum PDF (1.5M)
  • Faith-Based Entities Subcommittee Opinion

Materials handed out during session 1 of the subcommittees:

  • TEACH Grants Subcommittee GAO Report
  • TEACH Grants Subcommittee Study 
  • Distance Learning and Educational Innovation Subcommittee DCL GEN-11-06
  • Distance Learning and Educational Innovation Subcommittee DCL GEN-14-23
  • Distance Learning and Educational Innovation Subcommittee Report
  • Distance Learning and Educational Innovation Subcommittee Report
  • Distance Learning and Educational Innovation Subcommittee PDF (184K)
  • Distance Learning and Educational Innovation Subcommittee PDF (425K)
  • Distance Learning and Educational Innovation Subcommittee PDF (606K)

Additional materials from session 1 of the committee and subcommittees:

  • TEACH Grants Subcommittee MS Word (255K) | MS Word (216K)
  • Accreditation and Innovation Committee PDF (32K)
  • Accreditation and Innovation Committee PDF (874K)

Materials handed out by the Department prior to the negotiated rulemaking session 2:

  • Agenda MS Word (13K)
  • 602 Accreditation Clean Session 2 PDF (619K)
  • Accreditation Readlines Session 2 PDF (793K)
  • Directed Questions to Non-Federal Negotiators Session 2 PDF (394K)

Materials handed out during session 2 of the subcommittees:

  • Faith-Based Entities Subcommittee Kimberlee Wood Colby Proposal PDF (449K)
  • Faith-Based Entities Subcommittee Redline Section 602 PDF (159K)
  • Faith-Based Entities Subcommittee Redline Section 600 MS Word (40K)
  • Faith-Based Entities Subcommittee Redline General PDF (412K)
  • Distance Learning and Educational Innovation Summary and Redline PDF (849K)
  • Distance Learning and Educational Innovation Report PDF(2M)
  • TEACH Grants Subcommittee Summary PDF(480)
  • TEACH Grants Subcommittee Redline MS Word (88K)
  • TEACH Grant Subcommittee PDF (2.6M)
  • TEACH Grant Subcommittee Reconsideration Proposal PDF (337K)
  • Accreditation and Innovation Geographic Scope MS Word (18K)
  • Accreditation and Innovation Article
  • Accreditation and Innovation Report PDF (549K)
  • Accreditation and innovation PDF (1.5M)
  • Distance Learning and Educational Innovation Distance Education Redline MS Word(17K)
  • Distance Learning and Educational Innovation State Authorization Redline MS Word (19K)
  • Distance Learning and Educational Innovation 600 Institutional Eligibility MS Word (124K)
  • Distance Learning and Educational Innovation 668 Student Assistance General Provisions PDF (508K)
  • Distance Learning and Educational Innovation Scope of Rulemaking Memo PDF (299K)
  • Distance Learning and Educational Innovation Poulin State Authorization Proposal MS Word(41K)
  • Distance Learning and Educational Innovation Regular and Substantive Interaction Institutional Survey MS Word(423K)
  • Distance Learning and Educational Innovation Fast and Huppert Proposed Proposal MS Word (25K)
  • Distance Learning and Educational Innovation Klein and Matthews Proposal MS Word (21K)
  • Distance Learning and Educational Innovation Incarcerated Student Definition Proposal MS Word (17K)
  • Faith-Based Entities Subcommittee Exemption by State MS Word (17K)
  • Faith-Based Entities Subcommittee Gear Up Options PDF (307K)
  • Faith-Based Entities Subcommittee Regulatory History PDF (934K)
  • Faith-Based Entities Subcommittee Student Speech and Association PDF (57K)
  • Faith-Based Entities Subcommittee Supreme Court PDF (430K)

Non-Federal Negotiator comments submitted through TAGS:

  • Accreditation and Innovation Alternative Standards and Waivers Comments Part A MS Word (20K)
  • Accreditation and Innovation Alternative Standards and Waivers Comments Part B MS Word (19K)
  • Accreditation and Innovation Alternative Standards and Waivers Comments Part C MS Word (22K)
  • Accreditation and Innovation Student Achievement Comments MS Word (18K)
  • Accreditation and Innovation Transfer of Credit Comments MS Word (19K)
  • Accreditation and Innovation Separate and Independent Part A Comments MS Word (20K)
  • Accreditation and Innovation Separate and Independent Part B Comments MS Word (17K)
  • Faith-Based Entities Subcommittee Comments MS Word (30K)
  • TEACH Grants Subcommittee Comments MS Word (45K)

Materials handed out by the Department prior to the negotiated rulemaking session 3 of the subcommittees:

  • Distance Learning and Educational Innovation Daniel Elkins Proposal MS Word (20K)
  • Distance Learning and Educational Innovation Data Collection Proposal Jessica Ranucci and Robyn Smith PDF (19K)
  • Faith-Based Entities Subcommittee Redline Section 600 C MS Word (35K)
  • Faith-Based Entities Subcommittee Redline Section 602.18 MS Word (42K)
  • Faith-Based Entities Subcommittee Redline General MS Word (39K)

Materials handed out by the Department During session 4 of Negotiated Rulemaking:

  • 600 Clean Session 4 PDF (639K)
  • 600 Redline Session 4 PDF (344K)
  • 602 and 603 Clean Session 4 PDF (329K)
  • 602 and 603 Redline Session 4 PDF (445K)
  • 668 Clean Session 4 PDF (412K)
  • 668 Redline Session 4 PDF (472K)
  • 686 Clean Session 4 MS Word (81K)
  • 686 Redline Session 4 PDF (435K)
  • Faith-Based Clean Session 4 PDF (108K)
  • Faith-Based Redline Session 4 PDF (123K)

Draft Consensus Language from April 3, 2019. Note that the language in the Notice of Proposed Rulemaking may differ slightly due to technical corrections and formatting:

  • Consensus Language 34 CFR Part 600 PDF (341K)
  • Consensus Language 34 CFR Part 668 PDF (470K)
  • Consensus Language 34 CFR Faith-Based Entities General PDF (115K)
  • Consensus Language 34 CFR Part 602 and 603 PDF 436K)
  • Consensus Language 34 CFR Part 686 PDF (299K)


   
Last Modified: 10/31/2019