Next month, the U.S. Supreme Court will determine whether the Department of Education overreached when it decided to forgive hundreds of billions of dollars in student loans without the authority to do so from Congress. Meanwhile, the department is reversing the Title IX regulations enacted under…
). Through regulatory rewrites including the Gainful Employment rule, it also seeks to make it harder to operate a for-profit college or university. But the department will not stop there.for future rulemaking. On the agenda: regulations on accreditation, distance education, and state authorization of colleges and universities. These are critical issues that determine which colleges and universities are eligible for federal financial aid.
Like Title IX, Borrower Defense, and Gainful Employment, these rulemakings will give the public and regulated parties whiplash because they were just rewritten under Secretary DeVos. Under those still-new, accreditor monopolies were eliminated and competition among both accreditors and colleges was promoted.
Like the Borrower Defense and Gainful Employment rules, this new rulemaking will require negotiated rulemaking, a process of convening key constituencies to debate the merits of each proposal and, hopefully, achieve consensus.
The department subsequently attempted to undo the consensus regulations by reinterpreting longstanding policies via a blog post. The new interpretation undermines the judgement of state elected officials about how to run their public colleges and universities and makes it more difficult for them to choose an accreditor that fits their needs .
The Department of Education continues to quietly enact policies that even make much of the progressive higher education establishment uneasy. In the aftermath of the student loan forgiveness announcement, policy leaders and the public have started to pay more attention to the department’s actions. Hopefully these next steps will get the scrutiny they deserve.
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