Negotiated Rulemaking

Policy LogoNegotiated Rulemaking (or “Neg Reg”) is a process used by the U.S. Department of Education and other federal agencies, in which representatives from a government agency and affected interest groups negotiate the terms of a proposed administrative rule. The agency publishes the proposed rule in the Federal Register and then follows the usual rulemaking procedure of soliciting public comments, which are evaluated for inclusion in the final rule. NASFAA has historically participated in Neg Regs pertaining to federal student aid program regulations, by supporting and sending financial aid administrators from members institutions, NASFAA staff, and others to the negotiating table.

View recent NASFAA News Coverage of Negotiated Rulemaking below or browse the archive for previous articles.

To view NASFAA's official comments on negotiated rulemaking and proposed/interim final rules, please visit NASFAA On the Record.


  • NASFAA Submits Comments on Proposed Distance Education and Innovation Rules
    May 5, 2020 - NASFAA on Monday submitted comments on the Department of Education's (ED) proposed rules on distance education and innovation. Many of the proposed changes fall in line with NASFAA's Modernizing Title IV Aid task force recommendations. The rules, pub...
  • House Democrats Question ED’s Proposed Borrower Defense Application
    May 5, 2020 - Democratic lawmakers on the House Committee on Education and Labor wrote to Education Secretary Betsy DeVos Monday signaling their opposition to the Department of Education’s (ED) proposed changes to the borrower defense application, while urgi...
  • ED Publishes Proposed Regulations for Distance Education for Public Comment
    April 2, 2020 - As institutions across the country grapple with new online education options for students seeking to continue classes remotely, the Department of Education (ED) today published a Notice of Proposed Rulemaking (NPRM) to restructure regulations related...
  • 2019 Changes to State Authorization Federal Regulations
    January 22, 2020 - Final rules for accreditation, state authorization, and other topics will officially go into effect July 1, 2020, but ED has authorized optional early implementation for some parts. NASFAA has created an informational sheet that outlines the updates.
  • Borrower Defense
    September 25, 2019 - Borrower defense is a long-existing provision of law [Higher Education Act, Sec. 455(h)] that enables students who have been the victims of certain types of institutional misconduct to have their federal student loans forgiven.
  • Negotiated Rulemaking Archive
    December 31, 2018

Related Content

Distance Education Regulatory Update


NASFAA Submits Comments on Proposed Distance Education and Innovation Rules


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