[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Proposed Rules]
[Pages 3403-3405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01620]
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DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED-2025-OPE-1042]
RIN 1840-AD82
Intent To Establish Negotiated Rulemaking Committee
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 amending the regulations for
the Secretary's recognition of accrediting agencies and related
institutional eligibility regulations for the programs authorized under
title IV of the Higher Education Act of 1965, as amended (HEA) (title
IV, HEA programs). 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.
DATES: We must receive nominations for negotiators to serve on the
committee on or before February 26, 2026.
The dates, times, and locations for the committee meetings are set
out in the Schedule for Nominations in the SUPPLEMENTARY INFORMATION
section of this document.
ADDRESSES: Please email your nominations for negotiators to
[email protected]. If you are unable to email your nomination,
please contact Vanessa Gomez, U.S. Department of Education, Office of
Postsecondary Education, 400 Maryland Avenue SW, 5th Floor, Washington,
DC 20202. Telephone: (202) 987-0378. Email: [email protected].
FOR FURTHER INFORMATION CONTACT: For information about negotiated
rulemaking, see ``The Negotiated Rulemaking Process for Title IV
Regulations--Frequently Asked Questions'' at https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/frequently-asked-questions-negotiated-rulemaking-process-title-iv-regulations. For information about the content of this document,
including additional information about the negotiated rulemaking
process, please contact Vanessa Gomez, U.S. Department of Education,
Office of Postsecondary Education, 400 Maryland Avenue SW, 5th Floor,
Washington, DC 20202. Telephone: (202) 987-0378. Email:
[email protected].
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Background
Section 492 of the HEA requires that, before publishing any
proposed regulations to implement programs authorized under title IV of
the HEA, the Secretary must 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 took the following
actions to comply with these requirements.
[[Page 3404]]
On April 4, 2025, we published in the Federal Register an
announcement regarding our intent to establish one or more negotiated
rulemaking committees to prepare proposed regulations on various title
IV, HEA programs. 90 FR 14741.
We also announced in that notice two public hearings at which
interested parties could comment on the topics for negotiation
suggested by the Department and recommend additional topics that should
be considered for action by one or more negotiated rulemaking
committees. Those hearings were held on April 29 and May 1, 2025.
In all instances, we sought public feedback and suggested topics
from interested parties. Specifically, the Department requested
comments on ways to streamline and improve federal student financial
assistance programs and related regulations, focusing on regulations
that have imposed unnecessary costs and burdens on institutions,
States, and other partners and other regulations that may be inhibiting
innovation and contributing to rising college costs.
You may view the written comments submitted in response to the
aforementioned Federal Register document through the Federal
eRulemaking Portal at www.regulations.gov. Instructions for finding
comments are available on the site under ``FAQ.'' Enter Docket ID ED-
2025-OPE-0016 in the search box to locate the appropriate docket.
After thoroughly reviewing and considering the information received
through the public hearings and in the written comments, we announce
our intent to establish the Accreditation, Innovation, and
Modernization (AIM) Committee (Committee). We intend to prepare draft
regulations amending the regulations for the Secretary's recognition of
accrediting agencies and related institutional eligibility regulations
(34 CFR parts 602 (https://www.ecfr.gov/current/title-34/part-602) and
600 (https://www.ecfr.gov/current/title-34/part-600) and to submit such
draft regulations to the negotiated rulemaking process prior to
publishing a Notice of Proposed Rulemaking (NPRM) in the Federal
Register.
Regulatory Issues
The proposed issues for negotiation in the Committee include but
may not be limited to:
1. Simplification and streamlining of the Department's regulations
for: recognition and review of accrediting agencies, including
superfluous requirements for recognition of new accrediting agencies
that reduce competition and institutional choice among those agencies,
and procedures for institutions to change accrediting agencies so that
institutions are not forced to comply with standards that are
antithetical to their values and missions.
2. Revision of criteria and related regulations used by the
Secretary to recognize accrediting agencies, including emphasizing
criteria and standards requirements that effectively focus on student
achievement and outcomes, high educational quality, and high-value
programs and removing criteria that are anti-competitive,
discriminatory, or which contribute to credential inflation and
escalating tuition costs.
3. Amending requirements for accrediting agencies' standards,
application of such standards, and oversight of member institutions and
programs, including requiring all accrediting agencies and associations
to have standards that consider program-level student achievement and
outcomes data to improve such outcomes without reference to race,
ethnicity, or sex; ensuring that accrediting agency procedures for
taking action on noncompliance findings resulting from the Office of
Civil Rights investigations under Title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.) or Title IX of the Education Amendments
Act of 1972 (20 U.S.C. 1681 et seq.) provide for expeditious resolution
and actions; and ensuring that any other information provided by the
Secretary regarding an institution's record of compliance with its
Federal program responsibilities are expeditiously addressed and acted
upon.
4. Review of accrediting agencies' concurrent oversight
responsibilities in the ``regulatory triad'' of accrediting agencies,
States, and the Department, and determining what accreditation
standards and related regulations are needed, or should be eliminated,
to ensure that accrediting agency standards do not contravene Federal
or State law.
5. Review of the role that accrediting agency standards have played
in promoting violations of Federal law, including unlawful
discrimination by member institutions under the guise of accreditation
standards for diversity, equity, and inclusion and adoption of
appropriate regulatory safeguards to ensure that accredited
institutions provide high-quality, high-value programs that are free
from unlawful discrimination and other violations of Federal law.
6. Determination of whether the current regulations in 34 CFR
602.18 and other regulations should be clarified or expanded to ensure
that the use of new learning models and innovative program delivery
approaches by accredited institutions is not impeded by accreditation
standards or accrediting agency decisions.
7. Expansion of current regulations on accreditation standards for
faculty to include support for and appropriate prioritization of
intellectual diversity amongst faculty in order to advance academic
freedom, intellectual inquiry, and student achievement and learning
outcomes.
8. Amending the standards governing when an accrediting agency is
deemed separate and independent from any related, associated, or
affiliated trade association or membership organizations.
9. Technical changes and corrections to the regulations for
recognition and review of accrediting agencies and other related title
IV program regulations.
10. Addressing other Administration priorities relating to
accreditation.
Selection of Negotiators
We intend to select negotiators for the Committee who represent the
interests of those significantly affected by the issues proposed for
negotiation. In so doing, we will comply with the requirement in
section 492(b)(1) of the HEA (20 U.S.C. 1098a) that the individuals
selected must have demonstrated expertise or experience in the relevant
topics proposed for negotiations. Our goal is to allow significantly
affected parties to be represented while keeping the size of the
Committee manageable.
We generally select a primary and alternate negotiator for each
constituency represented on the 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 negotiator. The Department will provide more detailed
information to both primary and alternate negotiators selected to
participate on the Committee about the logistics and protocols of the
meetings.
Negotiators are expected to represent the interests of their
constituency and to participate in the negotiations in a manner
consistent with the goal of developing proposed regulations on which
the Committee will reach consensus. Consensus means that there is no
dissent by any member of the Committee, including the Committee member
representing the Department.
[[Page 3405]]
Constituency Groups for Negotiator Nominations
We have identified the constituency groups listed below and will
choose negotiators from each group from nominations submitted by
individuals and various organizations within each of these constituency
groups involved in the title IV, HEA programs. Constituency groups
which will be represented on the Committee will consist of the
following:
Students, student loan borrowers, or groups representing
them.
Veterans and U.S. military service members, or groups
representing them.
Organizations representing taxpayers and the public
interest.
Organizations representing workforce development needs,
professional associations or employers.
Legal assistance organizations, consumer advocates, and
civil rights organizations that represent students or borrowers.
Institutional accrediting agencies recognized by the
Secretary under 34 CFR part 602.
Programmatic accrediting agencies recognized by the
Secretary under 34 CFR part 602.
Nascent accreditation organizations not currently
recognized by the Secretary under 34 CFR part 602, and third-party
organizations that measure outcome-based quality assurance standards
for postsecondary education that are aligned with established industry
standards.
Public institutions of higher education, including
community colleges, Historically Black Colleges and Universities, and
Tribally Controlled Colleges and Universities.
Private nonprofit institutions of higher education,
including institutions with a religious mission, Historically Black
Colleges and Universities, and Tribally Controlled Colleges and
Universities.
Proprietary institutions of higher education, as defined
in 34 CFR 600.5.
State officials, including Governors, State higher
education executive officers, State authorizing agencies and State
attorneys general.
NACIQI
The Department intends to appoint a primary and alternative
negotiator to reflect the National Advisory Committee on Institutional
Quality and Integrity's (NACIQI) related expertise and perspectives in
the negotiated rulemaking process. We intend both negotiators to come
from its existing membership who have expert subject matter expertise
on accreditation and quality assurance in postsecondary education.
Advisor
The Department also invites nominations for an advisor. The advisor
will not be a member of the Committee and will not impact the consensus
vote; however, we will consult with the advisor, who will serve as a
resource to the Committee. We seek an advisor who has expert subject
matter expertise on accreditation and quality assurance in
postsecondary education. The advisor will be expected to be available
throughout the duration of the Committee meetings. The advisor may also
offer recommendations to the Committee on regulatory language.
Nominations Process
We request that nominations include the information described in
this section.
The name of the nominee;
The name of the constituency (or constituencies) for which
the nominee is being nominated (see Constituency Groups for Negotiator
Nominations);
The nominee's place of employment or institution at which
they are or were enrolled and, if different, the organization the
nominee represents;
A resume or evidence of the nominee's expertise and
experience in the topics proposed for negotiations; and
The nominee's contact information, including email
address, telephone number, and mailing address.
Please see the ADDRESSES section for submission information. We
will confirm receipt of nominations to the submitter. The Department
will provide additional information to those we select to serve as
negotiators. Once complete, a list of negotiators will be posted here:
https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/negotiated-rulemaking-for-higher-education-2025-2026. The Department will also provide information about how any
Committee vacancies can be filled at the beginning of the first
Committee meeting.
Schedule for Negotiations
The Committee will meet in-person at the Department in Washington,
DC for two sessions on the following dates:
Session 1: April 13-17, 2026; and
Session 2: May 18-22, 2026.
Session times will be from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to
4:00 p.m.
The meetings will be conducted in person and be available for the
public to watch via livestream on the internet. Registration is
requested to observe the meetings in-person or via livestream. Space
may be limited. We will post a registration link on our website at
https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/negotiated-rulemaking-for-higher-education-2025-2026 no later than one week prior to the start of the meetings.
Please note that any in-person visitors to the Department must present
a Driver's License (DL) or Identification (ID) that is compliant with
the REAL ID Act; a current military ID; or a valid passport. Those
persons not in possession of a DL/ID that is REAL ID compliant, a
current military ID or a valid passport, will not be allowed to gain
entrance into the Department.
The Department will also post recordings and transcripts of the
meetings on the site listed above. American Sign Language translation
will be provided to all who attend the negotiations and closed
captioning will be provided for the livestream and recordings.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
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 at www.govinfo.gov. 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). To
use PDF, you must have Adobe Acrobat Reader, which is available free at
the site. You may also access the 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.
David Barker,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2026-01620 Filed 1-26-26; 8:45 am]
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