An ‘Ambitious’ Regulatory Agenda

Inside Higher Ed

Katherine Knott

January 6, 2023

The Education Department’s docket for this year includes amending regulations on accreditation, state authorization, distance education, cash management and third-party servicers. Plus, the agency plans new Title IX and gainful-employment regulations this spring.

With Republicans in the majority in the House of Representatives and oversight looming, the U.S. Education Department is planning to stay busy with another round of negotiated rule making.

The docket for this year includes amending regulations on accreditation, state authorization, the definition of distance education, cash management and third-party servicers. The regulatory agenda for 2023, released Wednesday, builds on two years of regulatory overhaul that the department has undertaken. A number of new rules will go into effect July 1, and the department still has a number of new regulations from previous negotiated rule-making sessions to finalize this year.

“This is especially ambitious in light of everything that the department’s already done and everything that they still need to finish,” said Clare McCann, a higher education fellow at Arnold Ventures, a philanthropy, who previously worked in the Education Department during the current administration.

The department plans to release the notice of intent to begin negotiated rule making in April. Also this spring, the department is planning to release new rules for gainful employment, on improving income-driven repayment and regarding the definition of employers that qualify for Public Service Loan Forgiveness. A final set of regulations overhauling Title IX of the Education Amendments of 1972 is expected in May, according to the agenda.

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