ACE and 19 other higher education associations submitted comments
(310 KB PDF) on Friday to the Department of Education in response to a request from
Joe Conaty, co-chair of the Agency Reform Task Force, for feedback from
education stakeholders regarding Executive Order 13781.
That order called for individuals to submit ideas on how to improve the
efficiency, effectiveness and accountability of federal agencies.
The letter expressed appreciation for the opportunity to provide
feedback on ways in which the department can “best serve the needs of
America’s students, families, and educators and implement its mission of
educational excellence and equity.”
Improvements to the process by which the department develops
regulations would enhance the ability of colleges and universities to
effectively and efficiently put in place federal requirements, the
groups said. Specifically, they suggested that changes be made to the
negotiated rulemaking process that is frequently used to implement
changes to the Higher Education Act and modify student aid program
policies.
The Report of the Task Force on Federal Regulation of Higher Education (13 MB PDF),
which was issued by a bipartisan group of senators in 2015, contains a
thorough discussion of the department’s negotiated rulemaking process
and the complications that occur within the existing structure. The
groups said that a “better process would be more likely to result in
consensus and, in doing so, would improve the regulatory outcomes.”
The letter urged the department to review the recommendations in the
report that identify a number of areas where the department could amend
or improve the way it currently manages this process.
ACE plans to submit more expansive comments in response to the June 22 Federal Register notice asking for input on regulations that may be appropriate for repeal, replacement or modification.