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 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.