USDE Announces Public Hearings on Higher Education Rulemaking Including Accreditation

Publication Number 106 March 28, 2023

USDE Announces Public Hearings on Higher Education Rulemaking including Accreditation 

On March 23, 2023, the U.S. Department of Education (USDE) announced that it will hold virtual public hearings on April 11, 12, and 13, 2023, to receive input on future rulemaking sessions. These hearings begin the process of considering new USDE regulations. After the hearings, USDE will finalize the agenda for the rulemaking process and solicit nominations for negotiators to serve on the negotiated rulemaking committee. USDE is planning three, four-day sessions of negotiated rulemaking to begin this fall. 

USDE states that the potential topics for rulemaking include:

  • The Secretary’s recognition of accrediting agencies and related issues.
  • Institutional eligibility, including State authorization.
  • Third-party servicers and related issues.
  • The definition of distance education as it pertains to clock hour programs, and reporting students who enroll primarily online.
  • Return of Title IV funds.
  • Cash management to address disbursement of student funds.
  • Federal TRIO programs.

Individuals who would like to comment at the public hearings must register by sending an email message to [email protected]. Individuals who wish to view the hearings without providing comment must register to observe. The public can provide written comment for 30 days following the official posting.

U.S. House Republicans and Democrats Propose Short-Term Pell Grant Bills Requiring Accreditor Review

The Republican Bill (H.R.496) focuses on short-term training programs requiring between 150 and 600 clock hours of training. There are several additional requirements including:

  • Create a Workforce Pell Grant to expand Pell Grant eligibility to high-quality, short-term programs so students can move into a job quickly.
  • Avoid a complex system of red tape and instead provide clear requirements for programs focused on delivering skills education.
  • Allow all education providers to participate as long as they meet certain requirements, including that students will be qualified to work following program completion
  • Ensure program prices are aligned with economic value so students and taxpayers receive a positive return on investment within three years or less.
  • Require the Department of Education to publish program costs and outcomes on the College Scorecard so students and families are aware of the high-quality education opportunities available to them.

The Republican Bill requires that an accreditation organization that wants to include within its scope of recognition the evaluation of the quality of Workforce Pell Grant programs, must demonstrate to USDE that its standards include a process for determining if the institution has the capability to effectively offer a qualified program. The Bill also requires the National Advisory Committee on Institutional Quality and Integrity (NACIQI) to hold additional meetings through 2025 in order to evaluate accreditation organizations seeking to evaluate programs under the Workforce Pell Grant program. During the initial five years following enactment of the Bill, a qualified accrediting organization seeking to expand its scope in this manner must notify USDE of its intent to be a recognized organization.

The draft Democrat Bill focuses on short-term training programs of between 150 and 600 clock hours of Pell Grant training. There are several additional requirements including:

  • Provide an education aligned with the requirements of a high-skill, high-wage, or in-demand industry in the area the program is provided.
  • Provide a stackable, portable, and transferrable credential, when applicable in a given industry.
  • Prepare students for gainful employment.

The Secretary of Education shall have the final determination of whether institutions meet the requirements and shall periodically review programs.
Accrediting organizations that want to include accrediting workforce program quality within their scope of recognition must show their process can determine that an institution has the capacity to offer a workforce program which receives Pell Grants. During the first five years of this Bill’s enactment, accrediting organizations must notify the Department in order to receive interim accreditation authority. The agency must explain how their process will determine if an institution meets the requirements for this workforce program. NACIQI will be required to hold additional meetings to evaluate the scope of recognition changes requested by accreditors.

National Advisory Committee on Institutional Quality and Integrity Met February 28-March 2, 2023

The National Advisory Committee on Institutional Quality and Integrity (NACIQI) met as a committee and education staff in person February 28 - March 2, 2023. All other participants joined the meeting virtually. NACIQI is the advisory board to the Secretary of Education (USDE) that provided recommendations on recognition of accrediting organizations by USDE. Prior to the meeting USDE issued staff reports and recommendations on each organization.

Assistant Secretary of Post-secondary Education spoke to NACIQI addressing the accomplishments and the goals of USDE.
The following organizations were reviewed:

  • New York State Board of Regents, State Education Department, Office of the Professions, Nursing Education (NYSED)
  • Maryland Board of Nursing (MDBN)
  • Higher Learning Commission (HLC)
  • American Physical Therapy Association, Commission on Accreditation in Physical Therapy Education (CAPTE)
  • Middle States Commission on Higher Education (MSCHE)
  • New England Commission of Higher Education (NECHE)
  • Accreditation Commission for Midwifery Education (ACME)
  • Western Association of Schools and Colleges, Senior College and University Commission (WASCUC)
  • Accreditation Commission for Education in Nursing Inc. (ACEN)
    For recommendations and discussion concerning these accrediting organizations please review the archive of the meeting.