[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Proposed Rules]
[Pages 51906-51910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22506]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2018-OPE-0076]
RIN 1840-AD36, 1840-AD37, 1840-AD38, 1840-AD40, 1840-AD44


Negotiated Rulemaking Committee; Negotiator Nominations and 
Schedule of Committee Meetings--Accreditation and Innovation

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 one 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). The committee will include 
representatives of organizations or groups with interests that are 
significantly affected by the subject matter of the proposed 
regulations. We request nominations for individual negotiators who 
represent key stakeholder constituencies for the issues to be 
negotiated to serve on the committee, and we set a schedule for 
committee meetings. We also announce

[[Page 51907]]

the creation of three subcommittees, and request nominations for 
individuals with pertinent expertise to participate on the 
subcommittees.

DATES: We must receive your nominations for negotiators to serve on the 
committees on or before November 15, 2018. The dates, times and 
locations of the committee meetings are set out in the Schedule for 
Negotiations and Subcommittee Meetings section in the SUPPLEMENTARY 
INFORMATION section.

ADDRESSES: Please send your nominations for negotiators to 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 FURTHER INFORMATION CONTACT: For information about the content of 
this document, including information about the negotiated rulemaking 
process or the nomination submission process, 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 https://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: On July 31, 2018, we published in the 
Federal Register (83 FR 36814) an announcement of our intent to 
establish a negotiated rulemaking committee under section 492 of the 
HEA to develop proposed regulations related to a number of higher 
education practices and issues, including: (1) Accreditation; (2) 
distance learning and educational innovation; (3) TEACH grants; and (4) 
participation by faith-based educational entities.
    We also announced three public hearings at which interested parties 
could comment on the topics suggested by the U.S. Department of 
Education (Department) and suggest additional topics for consideration 
for action by the negotiated rulemaking committees. Those hearings took 
place on September 6, 2018 in Washington, DC, on September 11, 2018 in 
New Orleans, Louisiana, and on September 13, 2018 in Sturtevant, 
Wisconsin. We invited parties to comment and submit topics for 
consideration in writing as well. Transcripts from the public hearings 
are available at https://www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html.
    Written comments submitted in response to the July 31, 2018, 
document may be viewed through the Federal eRulemaking Portal at 
www.regulations.gov. Instructions for finding comments are available on 
the site under ``How to Use Regulations.gov'' in the ``Help'' section. 
Individuals can enter docket ID ED-2018-OPE-0076 in the search box to 
locate the appropriate docket.

Regulatory Issues

    After considering the information received at the public hearings 
and the written comments, we have decided to establish a single 
Accreditation and Innovation negotiated rulemaking committee and three 
topic-based subcommittees to ensure sufficient representation of 
subject matter experts for each topic. We believe the addition of a 
TEACH Grants subcommittee, scheduling additional days for the committee 
meetings, and the use of redlined regulatory text as the starting point 
of negotiations instead of issue papers will address concerns raised by 
commenters and ensure proper attention to each topic.
    We list the specific topics the committee is likely to address 
under Committee Topics, below.
    We intend to select negotiators for the committee who represent the 
interests significantly affected by the topics proposed for 
negotiations. In so doing, we will comply with the requirement in 
section 492(b)(1) of the HEA that the individuals selected must have 
demonstrated expertise or experience in the relevant topics proposed 
for negotiations. We will also select individual negotiators who 
reflect the diversity among program participants, in accordance with 
section 492(b)(1) of the HEA. Our goal is to establish a committee that 
will allow significantly affected parties to be represented while 
keeping the committee size manageable.
    We generally select a primary and alternate negotiator for each 
constituency represented on a committee. The primary negotiator 
participates for the purpose of determining consensus. The alternate 
participates for the purpose of determining consensus in the absence of 
the primary. Only the primary negotiator may speak during the 
negotiations unless the primary negotiator is absent for the day or a 
significant portion of a day, in which case the alternate may speak 
during the negotiations.
    In addition, individuals who are not selected as members of the 
committee will be able to observe the committee meetings, will have 
access to the individuals representing their constituencies, and may be 
able to participate in informal working groups on various issues 
between the meetings.

Committee Topics

    The Accreditation and Innovation Committee will address the 
Secretary's recognition of accrediting agencies and related 
institutional eligibility issues (34 CFR parts 602 and 600), as well as 
various technical corrections. The specific topics for negotiation will 
likely include:
     Requirements for accrediting agencies in their oversight 
of member institutions and programs.
     Criteria used by the Secretary to recognize accrediting 
agencies, emphasizing criteria that focus on educational quality and 
deemphasizing those that are anti-competitive.
     Simplification of the Department's recognition and review 
of accrediting agencies.
     Clarification of the core oversight responsibilities 
amongst each entity in the regulatory triad, including accrediting 
agencies, States, and the Department to hold institutions accountable.
     Clarification of the permissible arrangements between an 
institution of higher education and another organization to provide a 
portion of an education program (34 CFR 668.5).
     The roles and responsibilities of institutions and 
accrediting agencies in the teach-out process (34 CFR 600.32(d) and 
602.24).
     Elimination of regulations related to programs that have 
not been funded in many years.
     Needed technical changes and corrections to program 
regulations that have been identified by the Department.
    As part of the negotiated rulemaking process, we are forming three 
subcommittees: The Distance Learning and Educational Innovation 
Subcommittee; the Faith-Based Entities Subcommittee; and the TEACH 
Grants Subcommittee, to make recommendations to the committee. The 
committee will ultimately make determinations based on subcommittee 
recommendations, and committee discussions, on:
     Regulatory changes required to ensure equitable treatment 
of brick-and-

[[Page 51908]]

mortar and distance education programs; enable expansion of direct 
assessment programs, distance education, and competency-based 
education; and to clarify disclosure and other requirements of state 
authorization.
     Protections to ensure that accreditors recognize and 
respect institutional mission, and evaluate an institution's policies 
and educational programs based on that mission; and remove barriers to 
the eligibility of faith-based entities to participate in the title IV, 
HEA programs.
     TEACH Grant requirements and ways to reduce and correct 
the inadvertent conversion of grants to loans.
    1. The topics that the Distance Learning and Educational Innovation 
Subcommittee is likely to address include, but are not limited to:
     Simplification of State authorization 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).
     The definition of ``regular and substantive interaction,'' 
as that term is used in the definitions of ``correspondence course'' 
and ``distance education'' (34 CFR 600.2, 600.7, and 668.10).
     The definition of the term ``credit hour'' (34 CFR 600.2, 
602.24 and 668.8).
     The requirement that an institution demonstrates a 
reasonable relation 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)).
     The barriers to innovation in postsecondary education and 
to student completion, graduation, or employment, including, but not 
limited to, regulatory barriers in the Department's institutional 
eligibility regulations and student assistance general provisions (34 
CFR part 600 and 34 CFR part 668).
     Direct assessment programs and competency-based education, 
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 implementation of such programs, such as certain 
requirements for term-based academic calendars and satisfactory 
academic progress.
    2. The topics that the TEACH Grants Subcommittee is likely to 
address include, but are not limited to: The simplification and 
clarification of TEACH Grant program requirements to minimize the 
inadvertent grant-to-loan conversions and to provide opportunities to 
correct erroneous conversions (34 CFR part 686).
    3. The topics that the Faith-Based Institutions Subcommittee is 
likely to address include, but are not limited to: Requirements for 
accrediting agencies to honor institutional mission and 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, and 
the eligibility of students to obtain certain benefits under those 
programs (34 CFR 600.11 and parts, 674, 675, 676, 682, 685, 690, 692, 
and 694).
    These subcommittees will address the specified issues and make 
recommendations to the committee. Subcommittees are not authorized to 
make decisions for the committee. The subcommittees may be comprised of 
some Accreditation and Innovation Committee members (negotiators) as 
well as individuals who are not committee members, but who have 
expertise that will be helpful in developing proposed regulations. 
Therefore, in addition to asking for nominations for individual 
negotiators who represent key stakeholder constituencies for issues to 
be negotiated to serve on the committee (see Constituencies for 
Negotiator Nominations), we are asking for nominations for individuals 
with specific types of expertise to serve on one of the three 
subcommittees (see Areas of Expertise for the Distance Learning and 
Educational Innovation Subcommittee, Areas of Expertise for the Faith-
Based Entities Subcommittee, and Areas of Expertise for the TEACH 
Grants Subcommittee). The subcommittees' meetings will be held between 
committee meetings (see Schedule for Negotiations and Subcommittee 
Meeting). Before the conclusion of the negotiations, each subcommittee 
will present any recommendations for regulatory changes to the 
Accreditation and Innovation Committee for its consideration. Only the 
committee has power to reach consensus on regulations.

Constituencies for Negotiator Nominations

    We have identified the following constituencies as having interests 
that are significantly affected by the topics proposed for 
negotiations. The Department plans to seat as negotiators individuals 
for organizations or groups representing these constituencies.

Accreditation and Innovation Committee

     Students.
     Legal assistance organizations that represent students.
     Financial aid administrators at postsecondary 
institutions.
     National Accreditation Agencies.
     Regional Accreditation Agencies.
     Programmatic Accreditation Agencies.
     Institutions of higher education primarily offering 
distance education.
     Institutions of higher education eligible to receive 
Federal assistance under title III, parts A, B and F, and title V of 
the HEA, which include Historically Black Colleges and Universities, 
Hispanic-Serving Institutions, American Indian Tribally Controlled 
Colleges and Universities, Alaska Native and Native Hawaiian-Serving 
Institutions, and other institutions with a substantial enrollment of 
needy students as defined in title III of the HEA.
     Two-year public institutions of higher education.
     Four-year public institutions of higher education.
     Faith-based institutions of higher education.
     Private, nonprofit institutions of higher education.
     Private, proprietary institutions of higher education.
     Employers.
     Veterans.
    The goal of the committee is to develop proposed regulations that 
reflect a final consensus of the committee. Consensus means that there 
is no dissent by any member of a negotiating committee, including the 
committee member representing the Department. However, the Department 
seeks consensus independently on the predetermined sets of topics 
addressed by each subcommittee and the committee. Although only the 
committee, not the subcommittees, can vote on consensus, the issues 
will be divided into groups by the Department and the committee will 
have an opportunity to vote on each.
    An individual selected as a negotiator is expected to represent the 
interests of his or her organization or group and participate in the 
negotiations in a manner consistent with the goal of developing 
proposed regulations on which the committee will reach consensus. If 
consensus is reached, all members of the organization or group 
represented by a negotiator are bound by the consensus and are 
prohibited

[[Page 51909]]

from commenting negatively on the resulting proposed regulations. The 
Department will not consider any such negative comments on the proposed 
regulations that are submitted by a member of such an organization or 
group.

Areas of Expertise for the Distance Learning and Educational Innovation 
Subcommittee

    The Department plans to select individuals from organizations or 
groups with expertise in direct assessment programs, distance 
education, and competency-based education. The subcommittee will focus 
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 implementation of such programs, 
including certain requirements for term-based academic calendars and 
satisfactory academic progress. Nominations must include evidence of 
the nominee's specific knowledge in these areas, citing specific topics 
outlined in the Committee Topics section. Such individuals from 
organizations or groups may include but are not limited to, 
representatives of:
     Students.
     Legal assistance organizations that represent students.
     Private, nonprofit institutions of higher education, with 
knowledge of direct assessment programs and competency-based education.
     Private, for-profit institutions of higher education, with 
knowledge of direct assessment programs and competency-based education.
     Public institutions of higher education, with knowledge of 
direct assessment programs and competency-based education.
     Accrediting agencies.
     Associations or organizations that provide guidance to or 
represent institutions with direct assessment programs and competency-
based education.
     Financial aid administrators at postsecondary 
institutions.
     Academic executive officers at postsecondary institutions.
     Non-profit organizations supporting inter-State agreements 
related to State authorization of distance or correspondence education 
programs.
     State higher education executives.

Areas of Expertise for the Faith-Based Entities Subcommittee

    The Department plans to select individuals from organizations or 
groups with expertise in the eligibility of faith-based entities to 
participate in the title IV, HEA programs. These would include, but are 
not limited to, individuals with knowledge of the Federal Work Study 
programs, the title IV, HEA discretionary grant programs, 
accreditation, and other areas of the Department's postsecondary 
education regulations that contain specific provisions concerning 
faith-based entities. Nominations must include evidence of the 
nominee's specific knowledge in these areas. Such individuals from 
organizations or groups may include but are not limited to, 
representatives of:
     Students.
     Faith-based entities eligible for title IV, HEA programs.
     Officers of institution-based Gaining Early Awareness and 
Readiness for Undergraduate Program grantees.
     Institutions of higher education with knowledge of faith-
based entities' participation in the title IV, HEA programs.
     Institutions of higher education with knowledge of faith-
based entities' participation in the title IV, HEA programs and that 
are eligible to receive Federal assistance under title III, Parts A, B, 
and F, and title V of the HEA, which include Historically Black 
Colleges and Universities, Hispanic-Serving Institutions, American 
Indian Tribally Controlled Colleges and Universities, Alaska Native and 
Native Hawaiian-Serving Institutions, Predominantly Black Institutions, 
and other institutions with a substantial enrollment of needy students 
as defined in title III of the HEA.
     Accrediting agencies.
     Associations or organizations that focus on issues related 
to faith-based entities or the participation of faith-based entities in 
Federal programs.
     Financial aid administrators at postsecondary 
institutions.

Areas of Expertise for the TEACH Grants Subcommittee

    The Department plans to select individuals from organizations or 
groups with expertise in teacher education programs, student financial 
aid, and high-need teacher education programs. Nominations must include 
evidence of the nominee's specific knowledge in these areas. Such 
individuals from organizations or groups may include but are not 
limited to, representatives of:
     Students who are or have been TEACH Grant recipients.
     Legal assistance organizations that represent students.
     Financial aid administrators at postsecondary 
institutions.
     State primary and secondary education executive officers.
     Institutions of higher education that award or have 
awarded TEACH grants and that are eligible to receive Federal 
assistance under title III, Parts A, B, and F, and title V of the HEA, 
which include Historically Black Colleges and Universities, Hispanic-
Serving Institutions, American Indian Tribally Controlled Colleges and 
Universities, Alaska Native and Native Hawaiian-Serving Institutions, 
Predominantly Black Institutions, and other institutions with a 
substantial enrollment of needy students as defined in title III of the 
HEA.
     Two-year institutions of higher education that award or 
have awarded TEACH grants.
     Four-year institutions of higher education that award or 
have awarded TEACH grants.
     Organizations or associations that represent the interests 
of students who participate in title IV programs.
     Organizations or associations that represent financial aid 
administrators.

Nominations

    Nominations should include:
     The committee or subcommittee for which the nominee is 
nominated.
     The name of the nominee, the organization or group the 
nominee represents, and a description of the interest that the nominee 
represents.
     Evidence of the nominee's expertise or experience in the 
topics proposed for negotiations.
     The nominee's commitment that he or she will actively and 
respectfully participate in good faith in the development of the 
proposed regulations with the goal of reaching consensus and without 
disparaging other committee members, their organizations, or their 
motives.
     The nominee's contact information, including address, 
telephone number, and email address.
    For a better understanding of the negotiated rulemaking process, 
prior to committing to participate, nominees should review The 
Negotiated Rulemaking Process for Title IV Regulations, Frequently 
Asked Questions at https://www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html.
    Nominees will be notified whether or not they have been selected as 
soon as the Department's review process is completed.

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Schedule for Negotiations and Subcommittee Meetings

    The Accreditation and Innovation Committee will meet for three 
sessions on the following dates:

Session 1: January 14-16, 2019
Session 2: February 19-22, 2019
Session 3: March 25-28, 2019

    Sessions will run from 9:00 a.m. to 5:00 p.m.
    The January committee meetings will be held at a location in the 
Washington, DC area to be determined.
    The February committee meetings will be held at a location in the 
Washington, DC area to be determined.
    The March committee meetings will be held at a location in the 
Washington, DC area to be determined.
    The committee meetings are open to the public.
    The Distance Learning and Educational Innovation Subcommittee will 
meet on the following dates:

Meeting 1: January 17-18, 2019
Meeting 2: February 12-13, 2019
Meeting 3: March 11-12, 2019

    Meetings will run from 9:00 a.m. to 5:00 p.m.
    The January subcommittee meetings will be held at a location in the 
Washington, DC area to be determined.
    The February subcommittee meetings will be held at a location in 
the Washington, DC area to be determined.
    The March subcommittee meetings will be held at a location in the 
Washington, DC area to be determined.
    The subcommittee meetings will be made available through a 
Department-provided livestream.
    The Faith-Based Entities Subcommittee will meet on the following 
dates:

Meeting 1: January 17-18, 2019
Meeting 2: February 12-13, 2019
Meeting 3: March 11-12, 2019

    Meetings will run from 9:00 a.m. to 5:00 p.m.
    The January subcommittee meetings will be held at a location in the 
Washington, DC area to be determined.
    The February subcommittee meetings will be held at a location in 
the Washington, DC area to be determined.
    The March subcommittee meetings will be held at a location in the 
Washington, DC area to be determined.
    The subcommittee meetings will be made available through a 
Department-provided livestream.
    The TEACH Grants Subcommittee will meet on the following dates:

Meeting 1: January 17-18, 2019
Meeting 2: February 12-13, 2019
Meeting 3: March 11-12, 2019

    Meetings will run from 9:00 a.m. to 5:00 p.m.
    The January subcommittee meetings will be held at a location in the 
Washington, DC area to be determined.
    The February subcommittee meetings will be held at a location in 
the Washington, DC area to be determined.
    The March subcommittee meetings will be held at a location in the 
Washington, DC area to be determined.
    The subcommittee meetings will be made available through a 
Department-provided livestream.
    The Department will publish a separate notice in the Federal 
Register announcing the locations of each meeting.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., Braille, large print, 
audiotape, or compact disc) by contacting Aaron Washington, U.S. 
Department of Education, 400 Maryland Ave. SW, Room 294-12, Washington, 
DC 20202. Telephone (202) 453-7241. Email: [email protected].
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available 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 Documents Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site. 
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 publish by 
the Department.

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

    Dated: October 11, 2018.
Michael Brickman,
Senior Advisor to the Under Secretary, Delegated the Duties and 
Responsibilities of the Principal Deputy Under Secretary, Delegated to 
Perform the Duties of Under Secretary.
[FR Doc. 2018-22506 Filed 10-11-18; 4:15 pm]
 BILLING CODE 4000-01-P