[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36814-36816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15929]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2018-OPE-0076]


Negotiated Rulemaking Committee; Public Hearings

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Intent to establish negotiated rulemaking committee.

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SUMMARY: We announce our intention to establish a negotiated rulemaking 
committee to prepare proposed regulations for the Federal Student Aid 
programs authorized under title IV of the Higher Education Act of 1965, 
as amended (HEA) (title IV, HEA programs). We also announce our 
intention to create two subcommittees for this committee. In addition, 
we announce three public hearings at which interested parties may 
comment on the topics suggested by the Department and may suggest 
additional topics that should be considered for action by the 
negotiating committee. We will also accept written comments on the 
topics suggested by the Department and suggestions for additional 
topics that should be considered for action by the negotiating 
committee. The Department will present negotiators with proposed 
regulatory language at the first negotiating session.

DATES: The dates, times, and locations for the public hearings are 
listed under SUPPLEMENTARY INFORMATION. We must receive written 
comments on the topics suggested by the Department and additional 
topics that should be considered for action by the negotiating 
committee on or before September 14, 2018.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments by fax or by email. To ensure that we do not receive 
duplicate copies, please submit your comments only once. In addition, 
please include the Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Help.''
     Postal Mail, Commercial Delivery, or Hand Delivery: The 
Department strongly encourages commenters to submit their comments 
electronically. However, if you mail or deliver your comments, address 
them to Aaron Washington, U.S. Department of Education, 400 Maryland 
Ave. SW, Room 294-12, Washington, DC 20202.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: 

[[Page 36815]]

    For information about the public hearings, go to www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html or contact: Aaron 
Washington, U.S. Department of Education, 400 Maryland Ave. SW, Room 
294-12, Washington, DC 20202. Telephone: (202) 453-7241. Email: 
[email protected].
    For information about negotiated rulemaking in general, see The 
Negotiated Rulemaking Process for Title IV Regulations, Frequently 
Asked Questions at www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html or contact: Aaron Washington, U.S. Department of 
Education, 400 Maryland Ave. SW, Room 294-12, Washington, DC 20202. 
Telephone: (202) 453-7241. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: Section 492 of the HEA requires that, before 
publishing any proposed regulations to implement programs authorized 
under title IV of the HEA, the Secretary obtain public involvement in 
the development of the proposed regulations. After obtaining advice and 
recommendations from the public, the Secretary conducts negotiated 
rulemaking to develop the proposed regulations. We announce our intent 
to develop proposed title IV regulations by following the negotiated 
rulemaking procedures in section 492 of the HEA.
    We intend to select participants for the negotiated rulemaking 
committee from nominees of organizations and groups that represent the 
interests significantly affected by the proposed regulations. In 
accordance with section 492(b)(1) of the HEA, we will select from the 
nominees individual negotiators who reflect the diversity among program 
participants.

Regulatory Issues

    We intend to convene a negotiated rulemaking committee to develop 
proposed regulations to revise the regulations related to the 
Secretary's recognition of accrediting agencies in 34 CFR part 602, and 
related parts as described below. The proposed topics for negotiation 
would include:
     Requirements for accrediting agencies in their oversight 
of member institutions;
     Requirements for accrediting agencies to honor 
institutional mission;
     Criteria used by the Secretary to recognize accrediting 
agencies, emphasizing criteria that focus on educational quality;
     Developing a single definition for purposes of measuring 
and reporting job placement rates; and
     Simplifying the Department's process for recognition and 
review of accrediting agencies.
    In addition to developing proposed regulations on the core 
functions of accreditation, the committee would also develop proposed 
regulations in a number of areas to promote greater access for students 
to high-quality, innovative programs by revising the regulations 
related to:
    (1) State authorization, to address the requirements related to 
programs offered through distance education or correspondence courses, 
including disclosures about such programs to enrolled and prospective 
students, and other State authorization issues (34 CFR 600.9 and 
668.50);
    (2) The definition of ``regular and substantive interaction,'' as 
that term is used in the definitions of ``correspondence course'' and 
``distance education'' in 34 CFR 600.2, 600.7, and 668.10;
    (3) The definition of the term ``credit hour'' as it is used in 34 
CFR 600.2, 602.24, 603.24, and 668.8;
    (4) The requirement that an institution demonstrate a reasonable 
relationship between the length of a program and entry-level 
requirements for the recognized occupation for which the program 
prepares the student (34 CFR 668.8(e)(1)(iii) and 668.14(b)(26));
    (5) The arrangements between an institution and another institution 
or organization to provide a portion of an educational program (34 CFR 
668.5);
    (6) The roles and responsibilities of institutions and accrediting 
agencies in the teach-out process (34 CFR 600.32(d) and 602.24);
    (7) The barriers to innovation and competition in postsecondary 
education or to student completion, graduation, or employment, 
including, but not limited to, those contained in the Department's 
institutional eligibility regulations (34 CFR part 600) and student 
assistance general provisions (34 CFR part 668);
    (8) The simplification and clarification of program requirements to 
minimize inadvertent grant-to-loan conversions and to improve outcomes 
for Teacher Education Assistance for College and Higher Education 
(TEACH) Grant recipients (34 CFR part 686);
    (9) Direct assessment programs and competency-based education (34 
CFR 668.10), focusing on the ability of institutions to develop, and 
students to progress through, innovative programs responsive to 
student, employer, and societal needs, including consideration of 
regulations that are barriers to the implementation of such programs, 
such as certain requirements for term-based academic calendars and 
satisfactory academic progress; and
    (10) In light of the recent United States Supreme Court decision in 
Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012 
(2017), and the October 6, 2017, Memorandum for All Executive 
Departments and Agencies issued by the Attorney General of the United 
States pursuant to Executive Order No. 13798,\1\ the committee would 
consider revisions to the various provisions of the regulations 
regarding the eligibility of faith-based entities to participate in the 
title IV, HEA programs, including the Gaining Early Awareness and 
Readiness for Undergraduate Programs program, and the eligibility of 
students to obtain certain benefits under those programs (34 CFR 600.11 
and parts 628, 674, 675, 676, 682, 685, 690, 692, and 694).
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    \1\ https://www.justice.gov/opa/press-release/file/1001891/download.
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    Finally, we intend to convene two subcommittees for this committee. 
One subcommittee would address proposed regulations related to direct 
assessment programs/competency-based education (34 CFR 668.10) focusing 
on the ability of institutions to develop, and students to progress 
through, innovative programs responsive to student, employer, and 
societal needs. This subcommittee could consider revisions to 
regulations that are barriers to the implementation of such programs, 
including certain requirements for term-based academic calendars and 
satisfactory academic progress, among other topics. The second 
subcommittee would make recommendations to the committee regarding 
revisions to the regulations regarding the eligibility of faith-based 
entities to participate in the title IV, HEA programs. Proposed 
subcommittees are formed to address specified issues and to make 
recommendations to the committee regarding proposed regulatory 
language. Subcommittees do not make decisions for the committee. While 
committee meetings are open to the public to attend in person, 
subcommittee meetings will be made available through a Department-
provided livestream.
    We intend to provide draft proposed regulatory language for 
discussion by the negotiating committee and the subcommittees prior to 
the first meeting of the committee or subcommittees.
    After reviewing the public comments presented at the hearings and 
in the written submissions, we will publish a

[[Page 36816]]

document (or documents) in the Federal Register announcing the specific 
topics for which we intend to establish the negotiated rulemaking 
committee and a request for nominations for individual negotiators for 
the committee who represent the communities of interest that would be 
significantly affected by the proposed regulations. We will also 
announce the specific topics for which we intend to establish 
subcommittees and request nominations for individuals with pertinent 
expertise to participate on the subcommittees. This document will also 
be posted on the Department's website at: www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html.

Public Hearings

    We will hold three public hearings for interested parties to 
discuss the rulemaking agenda. The public hearings will be held:
     September 6, 2018, at the U.S. Department of Education, 
400 Maryland Ave. SW, Barnard Auditorium, Washington, DC 20202.
     September 11, 2018, at Xavier University, Convocation 
Center Annex, Room 111, Building 62, 7800 Washington Ave., New Orleans, 
LA 70125.
     September 13, 2018, at Gateway Technical College, SC 
Johnson iMET Center, 2320 Renaissance Blvd., Sturtevant, WI 53177.
    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. Further information on the public hearing sites is 
available at www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html.
    Individuals who would like to present comments at the public 
hearings must register by sending an email to [email protected]. The 
email should include the name of the presenter along with the public 
hearing at which the individual would like to speak, the general 
topic(s) the individual would like to address, and a general timeframe 
during which the individual would like to speak (for example, a 
presenter could indicate morning or afternoon, or before 11:00 a.m. or 
after 3:00 p.m.). We will make the determination on a first-come, 
first-served basis, based on the time and date the email was received. 
Each participant will be limited to five minutes. The Department will 
notify registrants of the date and time slot reserved for them. An 
individual may make only one presentation at the public hearings. If we 
receive more registrations than we are able to accommodate, the 
Department reserves the right to reject the registration of an entity 
or individual that is affiliated with an entity or individual that is 
already scheduled to present comments, and to select among registrants 
to ensure that a broad range of entities and individuals is allowed to 
present. We will accept registrations for any remaining time slots on a 
first-come, first-served basis, beginning at 8:30 a.m. on the day of 
the public hearing at the Department's on-site registration table. 
Registration is not required to observe the public hearings; however, 
space may be limited.
    The Department will post transcripts of the hearings to 
www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html. Although 
the Department will not be video recording the hearings, speakers 
should be aware that, since these are public meetings, they may be 
filmed or recorded by members of the public.
    Speakers may submit written comments at the public hearings. In 
addition, the Department will accept written comments via the Federal 
eRulemaking portal, and by postal mail, commercial delivery, or hand 
delivery. (See the ADDRESSES section of this document for submission 
information.)

Schedule for Negotiations

    We anticipate that any committee established after the public 
hearings will begin negotiations in January of 2019, with the committee 
meeting for up to three sessions of three days each at roughly four- to 
eight-week intervals. The Department will post transcripts and audio of 
the sessions to www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html. We anticipate that any subcommittees established will begin 
meeting in January or February, after the first meeting of the 
committee. The committee and subcommittees will meet in the Washington, 
DC area. The dates and locations of these meetings will be published in 
a subsequent notice in the Federal Register, and will be posted on the 
Department's website at: www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format by contacting Aaron Washington, U.S. 
Department of Education, 400 Maryland Ave. SW, Room 281-13, Washington, 
DC 20202. Telephone: (202) 203-9155. Email: [email protected].
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other 
documents of this Department published in the Federal Register, in 
text, or Portable Document Format (PDF). You may also access documents 
of the Department published in the Federal Register by using the 
article search feature at: www.federalregister.gov. Specifically, 
through the advanced search feature at this site, you can limit your 
search to documents published by the Department.

    Program Authority:  20 U.S.C. 1098a.

Diane Auer Jones,
Principal Deputy Under Secretary Delegated to Perform the Duties of 
Under Secretary and Assistant Secretary, Office of Postsecondary 
Education.
[FR Doc. 2018-15929 Filed 7-30-18; 8:45 am]
 BILLING CODE 4000-01-P