ACE, Other Associations Offer Comments, Principles on ED Rulemaking for Title IV Programs
July 06, 2021

​ACE and 43 other associations submitted comments July 1 on an array of topics that the Department of Education has indicated could be subject to negotiated rulemaking under Title IV of the Higher Education Act.

In addition to providing specific comments on proposed topics, the groups urged the department and negotiators to prioritize three principles in their work, including promoting opportunity for all students, focusing on data and transparency, and—given the limited resources available to the department—ensuring “compliance in areas or on institutions where the risks to students and taxpayers are highest.”

Among the topics the department is considering are borrower defense to repayment, the Public Service Loan Forgiveness program, gainful employment, student loan repayment, and financial responsibility scores for institutions (see a separate letter on that last issue here).

After three days of public hearings in June and last week’s deadline for written comments, the next step for the rulemaking process is for the department to select topics to be addressed, announce what will likely be several rulemaking committees, and establish the timeframes for the negotiations.

The associations also suggested three additional topics for consideration: 1. to carefully prepare student loan borrowers to resume their repayment plans post-pandemic; 2. to add a negotiated rulemaking session on Section 117 foreign gift and contract reporting requirements; and 3. to make regulatory revisions to TRIO programs to promote equity by ensuring the programs are able to serve all students who could benefit.​