NASFAA Mention: The Fight for the Future of Higher Education: Neg Reg 101

"Last summer, the Department of Education (ED) announced potential changes to some key higher education rules that govern which colleges qualify for money, and how much their students receive. But while the Department says it’s looking to promote innovation in higher education, the sum effect of rescinding, weakening, and rewriting the dozen different issues on the deregulatory agenda could substantially lower the floor on what the federal government expects in exchange for taxpayer-financed higher education grants and loans," according to New America.

"... With all of those issues scheduled to take place on a single panel, it’s hard to imagine how the Department will find negotiators with expertise on every one of them -- or how it will even fit a fulsome discussion into just a few sessions. And given the variation and complexity bundled in each regulation, the likelihood of the negotiators at the table agreeing on not just one but all the issues will be close to zero.

That was a common refrain at the Department’s recent public hearing at its headquarters in Washington, D.C., and in the more than 600 comments received from the public. On top of concerns about the substance of these regulations, stakeholders from institutional associations like the National Association of Independent Colleges and Universities (NAICU), the American Association of Community Colleges (AACC); an association of regional accreditors (C-RAC); financial aid representatives from the National Association of Student Financial Aid Administrators (NASFAA); student and consumer representatives from Public Citizena coalition of 62 organizations; a coalition of legal aid groups; and our own team here at New America all raised concern over the broad scope of regulatory topics teed up for discussion.

While the rulemaking process should be designed to ensure students and taxpayers will be protected, even and especially if they are designed to encourage innovating in new and untested ways, it shouldn’t be overlooked that ED benefits when negotiators disagree. Reaching consensus on every single one of these issues, from every single representative around the table, ties the Department’s hands for what it ultimately puts out -- meaning that whatever concessions the Department makes while negotiating in the public eye, it’s stuck with in the rule. So if the Department plans to make some radical changes to the current rules, avoiding consensus and rewriting the rules on its own terms might prove tempting to the Department."

NASFAA's "Notable Headlines" section highlights media coverage of financial aid to help members stay up to date with the latest news. Inclusion in Today's News does not imply endorsement of the material or guarantee the accuracy of information presented.

 

Publication Date: 10/22/2018

View Desktop Version