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The Biden administration is delaying a batch of regulations that sought to provide students with new consumer protections and ensure that accreditors and states are doing their part to hold colleges accountable.
The proposed rules were expected this fall, but the Education Department said Wednesday that the regulations will now be published next year, so the fate of the changes will likely hinge on who wins the presidential election. This round of rule making, which began in January, was likely the Biden administration’s last chance to leave its mark on federal higher education policy before the election.
During rule-making sessions this spring, the department proposed giving states greater authority over online programs, requiring accreditors to set benchmarks for student achievement and prohibiting colleges from automatically billing students for course materials. Institutional representatives on the advisory committee tasked to review and negotiate those proposals opposed all three changes, while those representing students and consumer protection groups mostly supported the department’s plans.
Under Secretary James Kvaal wrote in a blog post that “getting accountability right requires careful thought and consideration of its possible impacts on students and schools.”
“This schedule allows us to take additional time to carefully consider these important, complicated issues and refine solutions that address important challenges for students while balancing the need for quality oversight and improved student protections with the burden on institutions and changes impacting college accrediting agencies,” he wrote.
The department is also planning to go through the rule-making process to change the regulations that govern third-party servicers—entities that colleges and universities contract with to administer or manage financial aid and other programs. The department issued guidance in early 2023 expanding the definition of outside companies that would be subject to the department’s oversight but delayed the changes following pushback.
The Education Department did release a set of proposed regulations that would open up TRIO, a college-prep program, to undocumented students and increase oversight of distance education programs, among other changes. These regulations were also part of the most recent round of rule making but were considered less contentious than the others.
“Under President Biden’s leadership, we continue our relentless push to make higher education more affordable and accessible to all Americans,” Education Secretary Miguel Cardona said in a statement. “By broadening eligibility for federal programs and placing guardrails that help protect against situations that leave students with debt but no degree, we can open more doors to the life-changing potential of higher education.”
