Publication Number 107
September 7, 2023
USDE Calls for Nominations for Proposed Regulations for the Federal Student Aid Programs
Following the Supreme Court ruling rejecting the Biden Administration’s Student Debt Relief Plan to forgive student loan debt, the U.S. Department of Education (USDE) has scheduled negotiated rulemaking to begin in October focused on regulations for Federal Student Aid programs. This issue has taken priority over the accreditation negotiated rulemaking.
USDE must receive nominations for Federal Student Aid program negotiators to serve on the committee on or before September 14, 2023. The virtual negotiating sessions will be held in October, November, and December. At the conclusion of the sessions, USDE will draft proposed regulations for public comment. This effort will take a minimum of 18 months to finalize, and negotiated new rules will not go into effect until July 2025, which is after the next presidential election.
The challenge now is that USDE is stretched very thin should they try to move forward on both student loan forgiveness and accreditation rulemaking. In addition, the student loan rulemaking is likely to be challenged in Court.