ED Delays 5 Regulatory Rules to Spring 2023
By Hugh T. Ferguson, NASFAA Senior Staff Reporter
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, 2024.
According to regulatory updates with the Office of Management and Budget, the Notices of Proposed Rulemaking (NPRM) will be delayed until April of 2023 for the following rules:
- Ability to Benefit (ATB)
- Gainful Employment (GE)
- Financial Responsibility
- Administrative Capability
- Certification Procedures
The negotiated rulemaking committee reached consensus on the ATB rule, but did not reach consensus on the other four. While ED is free to draft language as it sees fit for topics that do not reach consensus, it typically does not make substantive changes to areas where the group was largely in agreement even if ultimate consensus was not reached.
For more details on the issue papers under consideration, check out our full negotiated rulemaking coverage or the recap summaries Catch Up Quick: Where Things Stand for Neg Reg’s Institutional and Programmatic Eligibility Committee and the Where Things Stand: Neg Reg Roundup - Affordability and Student Loans that provide a high-level analysis of the committee’s work.
As a reminder, final regulations that are published on or before Nov. 1, 2022 will go into effect July 1, 2023.
Publication Date: 6/23/2022
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Peter G | 6/23/2022 12:28:23 PM
In a sense I'm not surprised. They clearly bit off a large mouthful with a very aggressive agenda, and the fact that even the NPRM for Prison Education Programs is not yet released was not a good sign for being able to hit a very ambitious target.
So from that pov I'm relieved they're not just jamming everything out the door whether or not they'll use the extra time to weigh and perhaps taper back.
It's also possible of course that they were looking at the scenario of Congress flipping in the fall and several of these, particularly GE, being wiped out by the Congressional Review Act.
Ben R | 6/23/2022 10:38:28 AM
Note: They're not delaying Borrower Defense to Repayment.
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