Accreditation Negotiated Rulemaking

Publication Number 108 December 1, 2023

Accreditation Negotiated Rulemaking Announced and Nominations are Requested by December 13, 2023

The Office of Postsecondary Education of the Department of Education (USDE) has requested nominations from stakeholders for a negotiated rulemaking committee on accreditation and other items. USDE will also create a subcommittee to review the Federal TRIO programs and has requested nominations for individuals to participate on the TRIO subcommittee.

All negotiating sessions will be virtual, and the public will be able to observe the meetings. USDE will reserve 30 minutes each day for public comments. Nominations for negotiators should be sent to [email protected], and are due by December 13, 2023.

The new Higher Education Program Integrity and Institutional Quality negotiated rulemaking committee will address the following topics:

  • The Secretary’s recognition of accrediting organizations.
  • Institutional eligibility including State authorization.
  • The requirements for distance education that pertain to clock-hour programs and reporting for students who enroll primarily online.
  • Return of Title IV funds.
  • Cash management; and
  • The eligibility requirements for participants in the Federal TRIO Programs.

USDE has identified the following stakeholders as having interests in the negotiation including, among others:

  • Public four-year institutions of higher education.
  • Public two-year institutions of higher education.
  • Private nonprofit institutions of higher education.
  • Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-serving institutions.
  • Proprietary institutions of higher education; and
  • Institutional and Programmatic accrediting agencies recognized by the Secretary.

The Committee will meet for three sessions on the following dates:

  • Session 1:  January 8-11, 2024.
  • Session 2:  February 5-8, 2024.
  • Session 3:  March 4-7, 2024.

Session times will be from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m., with a public comment period from approximately 3:30 p.m. to 4 p.m., Eastern Time.