Negotiated Rulemaking
Negotiated 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.
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ED Releases Draft Rules to Provide Student Debt Relief for Subsets of Borrowers
April 17, 2024 - The Department of Education (ED) on Wednesday published its first set of draft rules to provide targeted student debt relief to borrowers, just 10 months after the U.S. Supreme Court struck down the Biden administration’s initial student debt r... -
Biden’s Second Attempt at Student Debt Cancellation Gets an “Initial” Outline
April 9, 2024 - Following an unsuccessful first attempt at implementing widespread student debt forgiveness and a monthslong regulatory negotiating process President Joe Biden on Monday unveiled “initial” details on his administration’s new attempt... -
Third Day of Neg Reg Session Focuses on Cash Management, Accreditation
March 7, 2024 - The Department of Education (ED) on Wednesday carried on its negotiated rulemaking session, which focused on cash management and accreditation. -
ED Continues Neg Reg Session With Discussions on Federal TRIO Programs, State Authorization, and Cash Management
March 6, 2024 - The Department of Education (ED) on Tuesday continued its session of negotiated rulemaking – known as neg reg – touching on multiple issues, including federal TRIO programs, state authorization, and cash management. -
ED Kicks Off Final Negotiated Rulemaking Session On R2T4 and Distance Education
March 5, 2024 - The Department of Education (ED) on Monday started its final negotiated rulemaking session on program integrity and institutional quality, focusing on the return of Title IV funds (R2T4) and distance education. -
Consensus: Student Debt Relief Committee Agrees on Financial Hardship Language
February 26, 2024 - The Department of Education (ED) concluded its final negotiated rulemaking session for its student loan debt relief committee and reached consensus on the drafted financial hardship regulatory text. -
Student Loan Debt Negotiating Committee Reconvenes for Financial Hardship Discussion
February 23, 2024 - The student loan debt relief committee reconvened on Thursday for a fourth session of negotiated rulemaking to discuss how the Department of Education (ED) can provide student loan debt relief to borrowers facing financial hardships — a topic t... -
ED Unveils ‘Hardship’ Draft Text, Detailing New Effort to Carry Out Student Loan Debt Relief
February 16, 2024 - The Department of Education (ED) on Thursday unveiled its draft regulatory text for next week’s negotiated rulemaking session – known as neg reg – that will focus on the issue of “hardship,” and seek to deliver stu... -
ED Wraps Up Second Week of Program Integrity and Institutional Quality Negotiations with Continued Discussion of Accreditation
February 9, 2024 - The Department of Education (ED) and non-federal negotiators wrapped up their fourth and final day of negotiations related to program integrity and institutional quality on Thursday, concluding the day with a continued conversation on accreditation. -
ED Continues Neg Reg Session With Discussion of Return to Title IV Funds and Accreditation
February 8, 2024 - The Department of Education (ED) continued its negotiated rulemaking session on Wednesday, this time with negotiators discussing issues around return to Title IV funds (R2T4) and accreditation. -
ED Continues Neg Reg Session With Discussion on State Authorization and Distance Education
February 7, 2024 - The Department of Education (ED) on Tuesday continued its negotiated rulemaking session on program integrity and institutional quality, gathering stakeholders to discuss the topics of state authorization and distance education. -
ED Hosts Second Neg Reg Session Focusing on Cash Management
February 6, 2024 - The Department of Education (ED) kicked off its second negotiated rulemaking session on program integrity and institutional quality on Monday, focusing solely on the issue of cash management. -
ED Wraps Up First Week of Program Integrity and Institutional Quality Negotiations
January 12, 2024 - The Department of Education (ED) and non-federal negotiators wrapped up their fourth and final day of negotiations related to program integrity and institutional quality on Thursday, focusing the entire day on the topic of accreditation. The day bega... -
Neg Reg Committee Works Through R2T4 and Begins Overview of Accreditation
January 11, 2024 - The Department of Education (ED) on Wednesday worked through another pair of issue papers during its third day of negotiated rulemaking (neg reg) for issues related to the Return of Title IV funds (R2T4) and accreditation. -
Neg Reg Committee Dives Into State Authorization and Distance Education
January 10, 2024 - The Department of Education (ED) on Tuesday hosted its second day of negotiated rulemaking for issues related to program integrity and institutional quality, this time focusing on state authorization and distance education. -
ED Kicks Off First Negotiated Rulemaking Session for Program Integrity and Institutional Quality
January 9, 2024 - The Department of Education (ED) on Monday began its latest negotiated rulemaking, or “neg reg,” focused on a number of regulations that directly impact institutions of higher education and their oversight providing entities. As a reminde... -
A Mixed Bag: Student Debt Relief Committee Does Not Reach Consensus On Multiple Proposals During Final Neg Reg Session
December 13, 2023 - The Department of Education (ED) on Tuesday held its final negotiated rulemaking session on student loan debt relief, where the committee ultimately did not reach consensus on several proposals. Along with the votes on consensus, the committee discus... -
Student Debt Relief Negotiators Discuss New Amendments in Third and Final Neg Reg Session
December 12, 2023 - The Department of Education (ED) on Monday inched closer to developing a regulatory framework for student loan debt relief as a stakeholder committee kicked off its final negotiated rulemaking session, discussing several updates ED made to the draft ... -
ED Releases Updated Draft Regulatory Text for Student Debt Relief
December 5, 2023 - The Department of Education (ED) on Monday released an updated draft regulatory text to provide student debt relief to several groups of borrowers ahead of next week’s third and final negotiated rulemaking session. -
Student Debt Relief Negotiators Dive into ‘Hardship’ Discussion in Second Day of Neg Reg
November 8, 2023 - The Department of Education (ED) on Tuesday wrapped up its second session of the student loan debt relief committee, as negotiators discussed drafted text and provided their insight on parameters for a “hardship” category of borrowers to ... -
ED Kicks Off Second Negotiated Rulemaking Session for Student Debt Relief
November 7, 2023 - The Department of Education (ED) on Monday resumed its negotiated rulemaking — or “neg reg” — sessions on student loan debt relief. During Monday’s session stakeholders began to weigh in on the department’s first d... -
Deep Dive: Final Rules on Administrative Capability, Certification Procedures, Financial Responsibility, and Ability to Benefit
November 1, 2023 - On Tuesday, the Department of Education (ED) released final rules on the four remaining topics from its 2020-21 Institutional and Programmatic Eligibility negotiated rulemaking session. The rules become effective July 1, 2024. -
ED Releases Draft Regulatory Text to Provide Student Debt Relief Through Neg Reg
October 31, 2023 - The Department of Education (ED) on Monday outlined options for student debt relief in draft regulatory text that detailed proposals for four different subsets of borrowers. -
ED Releases Final Rule Package on Ability to Benefit, Administrative Capability & Certification Procedures and Financial Responsibility
October 25, 2023 - The Department of Education (ED) on Tuesday released final rules on a number of topics that the department says will “raise the bar” on institutional accountability and better protect students and taxpayers. The rules released Tuesday are... -
Student Debt Relief Negotiators Discuss Parameters for Cancellation in Second Day of Neg Reg
October 12, 2023 - The Department of Education (ED) on Wednesday hosted its second day of negotiated rulemaking – known as neg reg – to provide a path to student loan cancellation, and gave an update on what the process will look like in the coming months. -
ED Kicks Off First Negotiated Rulemaking Session for Student Debt Relief
October 11, 2023 - The Department of Education (ED) on Tuesday began its latest attempt to forge a path toward student loan cancellation through negotiated rulemaking, or “neg reg”— a regulatory process that brings together stakeholders from the highe... -
Deep Dive: ED Releases Unofficial Final Rule on Gainful Employment and Financial Value Transparency Framework
October 5, 2023 - Last week, the Department of Education (ED) released its unofficial final rule on Gainful Employment (GE) and its new Financial Value Transparency framework, which it plans to officially release in the Federal Register on October 10, 2023. The rule r... -
ED Releases Final Rule on Gainful Employment and Financial Value Transparency Framework
September 27, 2023 - The Department of Education (ED) on Wednesday released its final rule on gainful employment and its financial value transparency framework, with top department officials calling the new regulations a “revitalized and strengthened” version... -
Federal Court Blocks ED’s New Borrower Defense Regulations for Some Texas Schools
July 5, 2023 - A federal court late on Friday partially blocked the Department of Education’s (ED) final rules on borrower defense to repayment from taking effect. The final rules were slated to go into effect on July 1, but a three judge panel sided with a T... -
Deep Dive: Department of Education’s Proposed Administrative Capability & Certification Procedures Regulations
May 26, 2023 - The Department of Education (ED) last week issued proposed regulations on administrative capability and certification procedures. ED negotiated this section of the regulations in a rulemaking session held in early 2022, where it also discussed instit... -
Deep Dive: Department of Education's Proposed Financial Responsibility Regulations
May 24, 2023 - The Department of Education (ED) last week issued proposed regulations on standards of financial responsibility for postsecondary institutions. ED cited in its proposal an overarching desire for better oversight tools to allow the department to more ... -
Deep Dive: Department of Education’s Proposed Ability to Benefit Regulations
May 23, 2023 - The Department of Education (ED) last week released its proposed regulations for establishing Title IV student aid eligibility for individuals who lack a high school diploma or equivalent, commonly referred to as the ability to benefit (ATB) regulati... -
Deep Dive: ED’s Proposed Financial Value Transparency and Gainful Employment Regulations
May 22, 2023 - On Friday, the Department of Education (ED) issued proposed regulations on financial value transparency and gainful employment (GE). ED negotiated gainful employment in a rulemaking session held in early 2022, where it also discussed institutional an... -
ED to Publish Proposed Rule on Gainful Employment and New Information Collection
May 18, 2023 - The Department of Education (ED) on Wednesday unveiled a forthcoming Notice of Proposed Rulemaking (NPRM) for an overhaul of gainful employment, with top department officials calling the regulations the “strongest-ever” safeguard for stud... -
NASFAA Gives Comments on R2T4 and Third-Party Servicers at ED’s Public Hearings
April 13, 2023 - NASFAA on Wednesday provided public comment and expressed concerns related to return of Title IV funds (R2T4) and recent guidance on third-party servicers during the Department of Education’s (ED) second day of negotiated rulemaking public hear... -
ED Continues Negotiated Rulemaking With Public Hearings on Third-Party Servicers, Return of Title IV Funds, and More
April 12, 2023 - Many advocates and higher education experts on Tuesday shared comments with the Department of Education (ED) in the first of several public hearing sessions happening this week on negotiated rulemaking topics the department plans to tackle in the com... -
NASFAA Analysis: ED Issues Draft Income-Driven Repayment Regulations
January 12, 2023 - The Department of Education (ED) on Wednesday released draft income-driven repayment (IDR) regulations, the final remaining topic from its fall 2021 Affordability and Student Loans negotiated rulemaking committee. Other topics covered by the committe... -
ED to Publish Proposed Rule on Income-Driven Repayment, Previews Gainful Employment Changes
January 10, 2023 - The Department of Education (ED) on Tuesday unveiled a forthcoming Notice of Proposed Rulemaking (NPRM) for an overhaul of income-driven repayment (IDR), with top department officials detailing additional accountability efforts being rolled out as a ... -
ED Outlines Agenda for Its 2023 Regulatory Roadmap
January 6, 2023 - The Department of Education (ED) announced that it will embark on a series of negotiated rulemaking sessions this spring that will dive into eight postsecondary regulatory topics. -
Borrower Defense Web Center
November 16, 2022 - 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. -
Summary of Changes to Final Rules on Borrower Defense, Income Capitalization, Total and Permanent Disability, Closed School Discharge, False Certification Discharge, and PSLF
November 2, 2022 - The Department of Education (ED) on Tuesday released final rules on borrower defense to repayment (BDR), interest capitalization, Public Service Loan Forgiveness (PSLF), total and permanent disability (TPD) discharge, closed school discharge, and fal... -
ED Issues Final Rules on Borrower Defense, Closed School Discharges, Total and Permanent Disability Discharges, Interest Capitalization, False Certification, and Public Service Loan Forgiveness
November 1, 2022 - The Department of Education (ED) on Monday announced highly anticipated final rules on a number of issues, including the contentious borrower defense to repayment regulations, which aim to create an easier path for borrowers defrauded by their instit... -
ED Issues Final Rules on 90/10 Rule, Prison Education Programs, and Change in Ownership
October 28, 2022 - The Department of Education (ED) on Thursday announced final rules for the 90/10 rule for for-profit colleges, Pell Grant Eligibility for Prison Education Programs (PEP), and procedures for institutions undergoing changes in ownership. -
Summary of Proposed Changes to Public Service Loan Forgiveness and Interest Capitalization
August 17, 2022 - On Friday, NASFAA submitted comments to the Department of Education (ED) on a package of proposed regulations that was negotiated in late 2021 related to college affordability and student loans. This is the third in a series of three articles that wi... -
Summary of Proposed Changes to Total and Permanent Disability, Closed School, and False Certification Regulations
August 16, 2022 - On Friday, NASFAA submitted comments to the Department of Education (ED) on a package of proposed regulations that was negotiated in late 2021 related to college affordability and student loans. This is the second in a series of three articles that w... -
Summary of Proposed Changes to Borrower Defense, Pre-Dispute Arbitration, and Class Action Waiver Regulations
August 15, 2022 - On Friday, NASFAA submitted comments to the Department of Education (ED) on a package of proposed regulations that was negotiated in late 2021 related to college affordability and student loans. This is the first in a series of three articles that wi... -
Deep Dive Into Proposed 90/10 Rule and Changes of Ownership Regulations
August 11, 2022 - Last month, the Department of Education (ED) issued a Notice of Proposed Rulemaking (NPRM) requesting public comments on draft regulations to implement statutory changes to the 90/10 rule and to update the rules on changes of ownership. The 90/10 rul... -
Neg Reg Deep Dive: Proposed Regulations on Prison Education Programs
August 10, 2022 - Late last month, the Department of Education (ED) issued a Notice of Proposed Rulemaking (NPRM) requesting public comments on draft regulations to implement Pell Grants for individuals enrolled in prison education programs (PEPs). Prison education pr... -
Education Department to Publish NPRM on 90/10, Change of Ownership, and Pell Grant Eligibility for Prison Education Programs
July 27, 2022 - The Department of Education (ED) on Tuesday unveiled proposed regulations for the 90/10 rule for for-profit colleges, Pell Grant Eligibility for Prison Education Programs, and procedures for institutions undergoing changes in ownership. According to ... -
ED Publishes Proposed Regulations for 90/10, Change of Ownership, Pell Grant Eligibility for Prison Education Programs
July 26, 2022 - On Tuesday, the Department of Education (ED) published proposed regulations for its 90/10 rule for for-profit colleges, Pell Grant Eligibility for Prison Education Programs, and procedures for institutions undergoing changes in ownership. A pair of n... -
ED Releases First Set of Draft Rules From 2021-22 Neg Reg Session
July 13, 2022 - On Wednesday, the Department of Education (ED) released a Notice of Proposed Rulemaking (NPRM) for the majority of topics negotiated by the Affordability and Student Loans committee that convened last fall as part of the department’s 2021-22 ne... -
ED to Publish Proposed Regulations for Borrower Defense, PSLF, and More Targeted Relief Programs
July 7, 2022 - The Department of Education (ED) on Wednesday announced that it will be publishing a highly anticipated Notice of Proposed Rulemaking (NPRM) on a number of regulations, including borrower defense, the Public Service Loan Forgiveness (PSLF) program, i... -
ED Delays 5 Regulatory Rules to Spring 2023
June 23, 2022 - The Department of Education (ED) is delaying a number of proposals that were under discussion in its most recent negotiated rulemaking sessions to the spring of 2023, meaning that the earliest the regulations could take effect will be after July 1, 2... -
Catch Up Quick: Where Things Stand for Neg Reg’s Institutional and Programmatic Eligibility Committee
March 24, 2022 - Now that the Department of Education (ED) has wrapped up its second negotiated rulemaking committee, NASFAA has combined its daily coverage into one standalone article detailing how the Institutional and Programmatic Eligibility committee wrapped up ... -
Neg Reg Day 5: Institutional and Programmatic Eligibility Committee Wraps Up Work on All 7 Issue Papers With More Caucuses Than Consensus
March 21, 2022 - Negotiators wrapped up work on all seven issue papers to cap a packed week of discussions for the final session of the Institutional and Programmatic Eligibility negotiated rulemaking committee, with little agreement on the issue papers at hand, and ... -
Neg Reg Day 4: Committee Moves Through Changes in Ownership and Certification Procedures as Final Day Approaches
March 18, 2022 - Negotiators sifted through a packed agenda during the second to last day of the final session of the Institutional and Programmatic Eligibility negotiated rulemaking committee, as the group must take consensus votes on all seven issue papers before t... -
Neg Reg Day 3: Negotiators Far From Consensus on Gainful Employment Regulations
March 17, 2022 - The third day of the final session of the Institutional and Programmatic Eligibility negotiated rulemaking committee saw a consensus vote taken on the much debated gainful employment (GE) proposed regulations from the Department of Education (ED) tak... -
Neg Reg Day 2: Committee Focuses on Gainful Employment and New Data from ED
March 16, 2022 - The second day of the final session of the Institutional and Programmatic Eligibility negotiated rulemaking committee started with a presentation from the Department of Education (ED) of data related to gainful employment (GE), a key topic being cove... -
Final Session of Negotiated Rulemaking for Programmatic Eligibility Committee Kicks Off With Goals of Reaching Consensus
March 15, 2022 - The third and final session of the Institutional and Programmatic Eligibility negotiated rulemaking committee began Monday, as committee members were reminded that their goal this week is to reach consensus on seven different topics, with the Departm... -
Neg Reg Day 5: Second Session Concludes Discussion of Issue Papers, With 90/10 and Gainful Employment Headlining
February 22, 2022 - The Institutional and Programmatic Eligibility Committee wrapped up work on its second negotiated rulemaking session, having completed discussion on all of the adenda's outlined issue papers. Now that negotiators have made their positions clear on th... -
Neg Reg Day 4: Committee Works Through Three Issue Papers as Session Begins to Wind Down
February 18, 2022 - The Institutional and Programmatic Eligibility Committee approached the end of its current session by working through the financial responsibility regulatory text, running through work on certification procedures, and beginning discussion on changes ... -
Neg Reg Day 3: Committee Tackles Gainful Employment, Financial Responsibility
February 17, 2022 - As the Institutional and Programmatic Eligibility Committee hit the midpoint of the week's negotiations, members wrapped up discussions concerning the Department of Education's (ED) gainful employment (GE) issue paper and began work on the financial ... -
Neg Reg Day 2: Gainful Employment Issue Paper Dominates Discussion, Prompts a Host of Negative Temperature Checks
February 16, 2022 - Throughout the second day of work for the Institutional and Programmatic Eligibility Committee, negotiators primarily focused on the Department of Education’s (ED) updated regulatory text on the gainful employment (GE) issue paper, working thro... -
Second Bout of Neg Reg Sessions for Programmatic Eligibility Committee Get Underway
February 15, 2022 - The second negotiated rulemaking session for the Institutional and Programmatic Eligibility Committee formally kicked off on Monday as members reviewed regulatory language proposed by the Department of Education (ED) for seven different topics, with ... -
Neg Reg Day 4: Institutional and Programmatic Eligibility Committee Wraps Up First Week of Work
January 22, 2022 - The final day of the first negotiated rulemaking session for the Institutional and Programmatic Eligibility Committee saw the group of negotiators finish preliminary discussions on all seven issue papers they were tasked with reviewing. The negotiato... -
Neg Reg Day 3: Negotiators Work Through Financial Responsibility, Change of Ownership Issue Papers
January 21, 2022 - The Department of Education’s (ED) Institutional & Programmatic Eligibility Committee on Thursday spent a bulk of the day focusing on the issue of financial responsibility, sifting through ED’s draft regulatory language on the topic, ... -
Neg Reg Day 2: Gainful Employment Dominates Discussions, With Negotiators Also Focusing on Financial Responsibility
January 20, 2022 - The second day of the negotiated rulemaking session on Institutional and Programmatic Eligibility on Wednesday saw two of the committee’s most pressing issues take center stage, as negotiators were tasked with completing discussions on administ... -
New Year, New Neg Reg: Institutional and Programmatic Eligibility Committee Dives into Ability to Benefit and Administrative Capability
January 19, 2022 - The Department of Education’s (ED) Institutional and Programmatic Eligibility Committee convened Tuesday for the first of four days, as the negotiated rulemaking group aims to reach consensus on regulatory language for seven different topics, w... -
Neg Reg Preview: Committee Members Talk Gainful Employment, What to Expect From the Rulemaking Process
January 18, 2022 - As the Department of Education (ED) begins a negotiated rulemaking session this week with the committee tackling a number of topics, the Biden administration’s higher education priorities will begin to get ironed out and set the terms for how c... -
Neg Reg Debrief: Committee Members Recount Experience in the Rulemaking Process
January 14, 2022 - After a rough estimate of 4,500 minutes — or 75 hours — of work, Daniel Barkowitz and Alyssa Dobson, who respectively served as the primary and alternate representative of financial aid administrators during the Department of Education&rs... -
Where Things Stand: Neg Reg Roundup - Affordability and Student Loans
January 5, 2022 - As the Department of Education (ED) readies its next negotiated rulemaking committee, NASFAA has combined its daily coverage into one stand alone article detailing how the Affordability and Student Loans committee wrapped up its work, highlight... -
Negotiated Rulemaking Archive
December 31, 2018