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Department Of Education Massive Rewrite Of Title IV Regulations Public Hearings

  • Written by Steel Rose

Later this month the Department of Education will embark on the first steps towards a massive rewrite of programs authorized by Title IV of the Higher Education Act of 1965. The Department is seeking input on a wide range of federal higher education topics, as identified in the notice, as well as input on how the Department could address gaps in postsecondary outcomes such as retention, completion, loan repayment, and student loan default by race, ethnicity, gender, and other key student characteristics.

On May 24, 2021, the Department  announced the proposed negotiated rulemaking to make regulatory changes for the programs authorized by Title IV of the Higher Education Act of 1965. The notice was  published in the Federal Register on May 26, 2021.

The Department identified the following topics for review:

  • Borrower defense to repayment under 34 C.F.R. §§ 682.410, 682.411, 685.206, and 685.222;
  • Discharges for borrowers with a total and permanent disability under 34 C.F.R. §§ 674.61, 682.402, and 685.213;
  • Closed school discharges under 34 C.F.R. §§ 685.214 and 682.402;
  • Discharges for false certification of student eligibility under 34 C.F.R. §§ 685.215(a)(1) and 682.402;
  • Loan repayment plans under 34 C.F.R. §§ 682.209, 682.215, 685.208, and 685.209;
  • The Public Service Loan Forgiveness program under 34 C.F.R. § 685.219;
  • Mandatory pre-dispute arbitration and prohibition of class action lawsuits provisions in institutions' enrollment agreements (formerly under 34 C.F.R. § 

Pursuant to Section 492 of the HEA and the negotiated rulemaking procedures, the Department is inviting public comment at three virtual hearings scheduled for June 21, 23, and 24. Registration is required to attend each session.

June 21, 2021, 10 am to noon / 2 pm to 4 pm –  REGISTER FOR JUNE 21 

June 23, 2021, 10 am to noon / 2 pm to 4 pm –  REGISTER FOR JUNE 23 

June 24, 2021, 10 am to noon / 2 pm to 4 pm –  REGISTER FOR JUNE 24

Individuals or groups interested in presenting at the public hearings must register by sending an email message to This email address is being protected from spambots. You need JavaScript enabled to view it.. The message should include the name of the speaker, the email address of the speaker, the general topic(s) the individual would like to address, and one or more dates and times during which the individual would be available to speak. Speaking times are limited and will be allocated on a first come- first served basis. Each participant will be limited to five minutes.

Individuals and groups are also invited to submit written comments. The comment period is open through July 1, 2021. Comments may be submitted through the regulations.gov  portal.

The hearings and comment period offer individuals and groups the first opportunity to provide comment on the proposed rulemaking. To read more click here.