WIN: Success In Reaching A Favorable Outcome on the Package of Revisions to Accreditation
PLACE: Conclusion of the Notice of Proposed Rulemaking Comment Period on Institutional Accountability Regulatory Proposals
SHOW: Release of New FAQs and Tools to Assist Institutions In Implementation of the Final Rules
Overview
What a week for the U.S. Department of Education (Department). Over the course of this week the Department not only obtained support for yet another sweeping set of regulatory proposals on accreditation, but also moved closer to the promulgation of a final rule on the broadest set of institutional outcomes and accountability regulations, and provided new guidance and tools related to key final rules as well.
Here is a very brief summary of what took place this week, with many more details to be provided on next Thursday’s CSPEN Federal Legislative & Regulatory Update webinar.
2026 Accreditation, Innovation, and Modernization (AIM) Negotiated Rulemaking
Yesterday, one day ahead of schedule, the Department of Education and a group of Non-Federal negotiators voted 12-0, with two abstentions, in favor of a comprehensive set of additions, revisions, and repeals to the existing regulations implementing Section 496 of the Higher Education Act of 1965, as amended.
Over the course of two, week-long sessions, the AIM Committee was able to review over one-hundred and seventy pages of draft proposals which included a number of politically charged issues, not the leas to which were discussions related to the definition of academic freedom, intellectual diversity, the relationships between accrediting agencies and trade associations prohibited under the HEA, outcomes metrics, and transfer of credit policy oversight to name only a few.
Ultimately the Committee was able to accept regulatory language developed by the Department with amendments which was suitable enough that none of the Committee members would oppose the entire package. However, the Non-Federal negotiators representing the “Students, student loan borrowers, or groups representing them” and “Veterans and U.S. military service members, or groups representing them” constituencies
Jeffrey Bodimer the lead negotiator representing the “Proprietary Institutions of Higher Education, as defined in 34 CFR 600.5” constituencies shared with CSPEN “I’m happy for the sector and the playing field being leveled on transfer credit and student outcomes.” This view was shared by other Non-Federal negotiators as one of many significant changes.
CSPEN will provide a written summary of the regulatory revisions next week and will highlight many of the key issues during next week’s webinar.
Accountability in Higher Education and Access through Demand-driven Workforce Pell: Student Tuition and Transparency System (STATS) and Earnings Accountability
Wednesday, May 20^th was the deadline for public comment on the last of the three packages of regulatory proposals developed in order to implement the statutory provisions enacted into law as part of the One Big Beautiful Bill law (a.k.a. Working Families Tax Cuts Act).
As the community is well aware, this proposal seeks to “revise the existing FVT/GE regulations to align with the OBBB requirements and to provide a simplified transparency and accountability framework” as summarized by the Department.
In response to the proposal the Department received just over 10,000 comments, of which 8,558 are posted on regulations.gov (centralstatesedu.us11.list-manage.com/track/click?u=75e01bde202d593ed21c1c91c&id=cf5d5233f2&e=05bce952ad) .
CSPEN will attempt to provide more details on key submissions, including our own, during next week’s webinar.
(GENERAL-26-30) Assistance in Implementation of Final Regulations for the Working Families Tax Cuts Act
What also occurred on Wednesday, May 20th which many might have missed, is the Department’s release of new information, tools and a schedule of webinars to assist the higher education community with the implementation of the new final rules.
