SARA Call To Action

 

Termination of Negotiated Rulemaking Process for State Authorization

On December 26, 2024, the U.S. Department of Education published a termination of the negotiated rulemaking process in the Federal Register. See below for an excerpt related to State Authorization:

The Department also believes it is worth evaluating how State-led efforts at improving state authorization proceed before making further regulatory changes. This particularly involves the policy modification process adopted by the National Council for State Authorization Reciprocity Agreements (NC-SARA), an organization formed in partnership with four regional compacts in which almost all states across the country participate for purposes of providing state authorization and reciprocity. NC-SARA first started using a policy modification process in January 2023 to create a formal mechanism for addressing issues with state authorization and reciprocity.[1] That process continues to be refined. As many commenters noted during the public hearings and negotiated rulemaking sessions on state authorization, allowing this policy modification process to continue is one way to address the Department's goals.

More information about the termination is available in the Federal Register.

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U.S. Department of Education 2023-2024 Negotiated Rulemaking

 
Webinar Oct. 10, 2024: U.S. Department of Education Negotiated Rulemaking - NC-SARA's Fall 2024 Update
Date: Thursday, October 10, 2024 
Time: 10:00 AM - 11:00 AM Mountain Time
 

In this webinar, representatives from the State Authorization Reciprocity Agreements (SARA) community will provide an update on the U.S. Department of Education 2023-2024 Negotiated Rulemaking, with a particular focus on topics that may have the greatest impact on SARA. Featured speakers include:

  • Scott Dolan, Executive Dean, College of Liberal Arts and Sciences, Excelsior University
  • Vic Klatt, Principal, Penn Hill Group
  • Alex Nock, Principal, Penn Hill Group

We will also share information about the timeline and about the steps we have been taking to strengthen SARA, preserve educational opportunity across the U.S., and enhance protections for students participating in distance education.

Registration is open!

This webinar will be recorded.

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May 16, 2024 Update: SARA-Participating Institutions Call to Action 

TAKE ACTION NOW: Defend Online Learners! 

The U.S. Department of Education (ED) is considering significant changes to the regulations that govern how states oversee institutions that offer distance education programs, with potentially serious ramifications for the diverse students and communities served by these programs throughout the country. 

Although the SARA community shares ED’s concerns about the need for student protections, we do not believe the proposals issued during the negotiated rulemaking process earlier this year are in the best interest of students. Instead, we believe there is a more productive and effective approach that can preserve access to distance education while limiting the burden placed on responsible institutions and keeping students as the primary focus. Concerns about student protections related to distance education are best addressed through the SARA Policy Modification Process. 

We strongly urge SARA-participating institutions to reach out now to ED. The details below include background information and summaries of key issues to support the development of comments to send to federal policymakers on the important issues impacting SARA.

We anticipate ED will release proposed regulations as soon as July 2024. Please send letters/emails on or before June 15, 2024. The time is now, while ED is still drafting the regulations, to let your collective voice be heard!

We are not providing a letter template because, in our experience, individual letters/emails tend to have greater impact with federal policymakers. We encourage you to draw from the bullets provided below and put the relevant points in your own words, adding examples relating to your institution’s students and programs. Perfection in a written statement is not what matters. Acting now and authentically communicating your position and advocating on behalf of all learners is of paramount importance.

 

Background Information and Key Issues

Why now? ED has begun the process of modifying regulations pertaining to state authorization and may be seeking to issue a proposal for public comment in the coming weeks. Providing input now with ED gives us the best chance to minimize any potential harm to distance education students and programs.

Background. In 2023 ED formed a negotiated rulemaking committee to address state authorization and several other topics impacting the higher education community. At the conclusion of the 2023-2024 Negotiated Rulemaking Session 3 (March 2024), members of the Program Integrity and Institutional Quality Negotiated Rulemaking Committee convened by ED failed to reach consensus on Issue Paper 2: State Authorization (revised during Session 3). There was, in fact, significant opposition to ED’s proposals, including from institutions that operate distance education programs. Because the committee did not reach consensus on the proposed language, ED has the authority to now propose and ultimately approve regulations conceived and written by agency staff even if the language they are proposing is the same as or very similar to the language that generated significant opposition. 

What comes next? Although the proposed regulatory changes will still be subject to public comment, ED is seeking to finalize their proposal in the coming months. The NC-SARA Board has significant concerns about the impact the new regulations – should they be similar to what ED proposed during negotiated rulemaking earlier this year– would have on SARA and state authorization reciprocity. By providing your input now (and again through official public comment), the SARA community has the best chance to minimize any harm to distance education students and programs.

Key issues at stake. 

There is one general principle and three specific areas from the proposal issued by ED during negotiated rulemaking that are of greatest concern for the SARA community.

General principle: States must be key partners in setting policies related to a state authorization reciprocity agreement. State regulators and the responsible SARA-participating institutions are heavily involved with and focused on student protections; and working collaboratively with ED, accreditors, and other key stakeholders is critical. However, the SARA community believes that the broad goals and concerns articulated by ED, proposed during the 2023-2024 Negotiated Rulemaking, can be more effectively addressed through the SARA Policy Modification Process. By working through the structured, collaborative, and highly transparent SARA Policy Modification Process, alternatives could be developed and implemented that meet our shared goal to improve student protections while also limiting burden for low-risk institutions and preserving and enhancing student access to high quality distance education programs. Supporting our low-risk institutions and preserving access to education is crucial if our country is committed to meeting the needs of all students who wish to pursue postsecondary education.

Specific areas of concern

  1. “Applicable State Laws” Related to Closure – One component of ED’s recent proposal would require SARA to permit states to enforce their own authorization requirements related to institutional closure, including records retention, teach-out plans, tuition recovery funds, and/or surety bonds. Such a requirement would undermine the benefits of state reciprocity agreements and is unnecessary. Ultimately, if states wish for this to be SARA policy, they can choose to enact it. Alternatively, states could choose to examine existing SARA policies on closure. This proposal from ED would harm institutions because of the following:
  • SARA already allows states to work across borders with SARA-participating institutions to ensure orderly closure, including teach-out opportunities for students.
  • If implemented, the new rule would increase SARA-participating institutions’ administrative burdens and their costs to research closure rules and adhere to each state’s applicable state laws. Some institutions could choose instead to not enroll students from certain states, thus negatively impacting student access.
  • There is no evidence that SARA opens the gate to unchecked fraudulent behavior on the part of institutions offering distance education that would warrant such a proposal.
  • Between 2018 and 2023 there were 29 closures among SARA-participating institutions, far fewer than the more than 200 closures in non-SARA degree-granting institutions during this same period. Clearly, SARA ensures that participating institutions are vetted and held to standards that help alleviate closures.
  • If states wanted to enforce state closure laws on out-of-state institutions, they could a) leave SARA or b) vote to expand requirements related to closure through the SARA Policy Modification Process. In fact, several proposals on this topic were submitted in 2023 and were voted down by the states.

2. Limiting SARA: The 500 Rule – This component of ED’s most recent proposal would require institutions to obtain direct authorization – and therefore not have the benefit of reciprocity – from any participating state where the institution enrolled more than 500 students in each of the two most recently completed Title IV award years. This proposal is arbitrary because it identifies a single risk factor (number of students enrolled) as the basis for a risk-based approach. The usage of this factor is unsupported by research or data and the risks purportedly associated with size of student enrollment are not specified. Further, the proposal would:

  • Limit the benefits of participation in a reciprocity agreement and significantly increase the administrative burden and cost for states and larger institutions as they would need to apply for authorization on a state-by-state basis. If this rule were implemented, some institutions could choose to limit enrollment in certain states, thus negatively impacting student access.
  • Impact nearly 850,000 students if implemented. The Department has not appropriately specified the risks under consideration and considered alternative approaches that could more effectively prevent harm to students. Instead, this proposal could limit student access and penalize institutions with strong track records in effectively serving students. During negotiated rulemaking there was also some discussion of lowering the 500 number to 100, which would further increase the number of institutions and states that would see a significant increase in administrative burden while potentially limiting access to high-quality education for more than one million students.

3. NC-SARA Board Membership – This rule, if implemented, would stipulate that any governing body of state reciprocity agreements must be composed solely of representatives from state regulatory and licensing bodies, state enforcement agencies, and state attorneys general offices.

  • This is a concern because NC-SARA is a private 501(c)(3) organization. It is not the federal government’s role to dictate composition of private entities, and because NC-SARA is not a direct link to Title IV, this is overreach by ED.
  • Multiple parties came together during the creation of SARA and decided to set up NC-SARA and its board with the structure that is currently in place. The NC-SARA board includes a diverse makeup of higher education experts reflecting varied and diverse backgrounds of relevance who provide a critical knowledge base to deliver on NC-SARA’s mission to assist in implementing SARA. 

Two additional issues in ED’s most recent proposal to be aware of:

Any SARA Member State May Revoke the Authorization of a SARA-Participating Institution for Violating General Purpose Laws – Current SARA policy allows for a SARA-participating institution that violates state laws to be reviewed by its home state with consequences that could affect their participation in SARA nationwide. Although current SARA policy also allows action to be taken by SARA states or territories other than the home state for general purpose law violations this proposal, if enacted, would place SARA policy into federal regulations. 

Complaint Process Requirements – During 2023-2024 Negotiated Rulemaking the Program Integrity and Institutional Quality Committee also discussed student complaints and proposed changes that would make a reciprocity agreement complaint process more robust. If approved, the new regulations would: 

  • Require each participating state to implement a process for communicating information about students’ complaints to the organization that administers the reciprocity agreement (NC-SARA) and to the students’ home states.
  • Permit member states to – consistent with their own statutes and regulations – accept, investigate, and resolve complaints about an institution that have not been submitted to and received by the institution itself.
  • Require an organization that administers a reciprocity agreement to publish student complaint data for the public at least yearly.

NC-SARA has been working with the SARA community to improve the SARA complaint process. In fact, many of ED’s suggestions are either already in place, are in the process of being implemented, or have been submitted as proposals in the 2024 SARA Policy Modification Process cycle and will be reviewed and voted upon later this year.

Next steps for institutions.

As a reminder, we are asking SARA-participating institutions to reach out to ED on or before June 15, 2024, so that as a SARA community we can let our voices be heard while ED is still drafting the regulations, rather than after they are published for public comment. 

We have listed below information for key staff at ED who are working on the proposals described above; please send your email(s) or letter(s) to those individuals.

Miguel Cardona

Secretary of Education

Miguel.Cardona@ed.gov

 

James Kvaal

Under Secretary of Education

James.kvaal@ed.gov

 

Ben Miller

Deputy Under Secretary, Office of the Under Secretary

Benjamin.Miller@ed.gov

 

Antoinette Flores

Deputy Assistant Secretary for Policy, Planning, and Innovation, Office of Postsecondary Education

Antoinette.Flores@ed.gov

 

Wesley Whistle

Special Advisor, Office of the Under Secretary

Wesley.Whistle@ed.gov

 

Next steps for NC-SARA.

NC-SARA continues to convene and facilitate discussion among a broad group of stakeholders about the issues ED plans to address in forthcoming proposed regulations. The four regional compacts and NC-SARA have conducted surveys of SARA-participating institutions, state regulators, and state portal entity (SPE) staff on the potential impact of ED’s proposals. We will share more information by email, here on our Call to Action webpage, and by hosting webinars throughout the year.

Together we can maintain the integrity of SARA on behalf of students, but we must all act now!

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March 29, 2024 Update: Negotiated Rulemaking - Which Institutions Would the 500 Rule Impact? 

As a follow-up to discussions related to State Authorization during the U.S. Department of Education 2023-2024 Negotiated Rulemaking sessions that wrapped up earlier this month, NC-SARA staff have compiled two lists of SARA-participating institutions that had 500 or more students in another state in both Fall 2021 and Fall 2022. One list includes institutions that had 500+ exclusively distance education enrollments (EDEE) in one or more other states. The other list includes institutions that had 500+ out-of-state learning placements (OOSLP) in one or more other states. These lists were compiled using data submitted by institutions to NC-SARA as part of their annual data reporting requirements. More detail and the raw data files can be found in the NC-SARA Data Dashboards.

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March 12, 2024 Update: Status of State Authorization Reciprocity at Conclusion of 2023-2024 Negotiated Rulemaking Session 3

Members of the Program Integrity and Institutional Quality Negotiated Rulemaking Committee convened by the U.S. Department of Education (ED) did not reach consensus on Issue Paper 2: State Authorization (revised during Session 3). Because the committee did not reach consensus, ED can now propose and ultimately approve their own language, though the proposed regulatory changes will still be subject to public comment. Changes won’t take effect until July 2025 at the earliest. 

Provided below is a brief summary of ED’s proposal that would impact reciprocity:

  • 500 Rule - This rule would mandate conditions of reciprocity for SARA-participating institutions. If implemented, institutions would be required to obtain direct authorization from any participating state where the institution enrolls more than 500 students in each of the two most recently completed Title IV award years.
  • “Applicable State Laws” Related to Closure - This rule would undermine the benefits of state reciprocity agreements by authorizing a state to enforce its own consumer protection laws related to closure, including record retention, teach-out plans or agreements, and tuition recovery funds or surety bonds.
  • NC-SARA Board Membership - This rule would stipulate that any governing body of state reciprocity agreements must be comprised solely of representatives from state regulatory and licensing bodies, enforcement agencies, and attorneys general offices. This is a concern because NC-SARA is a private 501(c)(3) with a diverse makeup of higher education experts.

The Program Integrity and Institutional Quality Committee also discussed student complaints and proposed changes that would make a reciprocity agreement complaint process more robust. If approved, the new regulations would: 

  • Require each participating state to implement a process for communicating information about students’ complaints to the organization that administers the reciprocity agreement and to the students’ home state.
  • Permit member states to – consistent with their own statutes and regulations – accept, investigate, and resolve complaints about an institution that have not been submitted to and received by the institution.
  • Require an organization that administers a reciprocity agreement to publish student complaint data for the public at least yearly.

Throughout the next few months, NC-SARA staff will be working with board members, states, SARA-participating institutions, and other higher education leaders to continue negotiations with ED. We will be gathering input from various stakeholders, including states and institutions, to inform our strategy. We appreciate your commitment to student access and success and your continued engagement in this process.
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February 28, 2024 Update: The U.S. Department of Education (ED) has released an updated version of Issue Paper: State Authorization (v3)

The U.S. Department of Education (ED) has released an updated version of Issue Paper: State Authorization (v3). The Program Integrity and Institutional Quality Committee will consider and discuss the paper during Session 3 of Negotiated Rulemaking, which begins March 4 and concludes March 7.

NC-SARA board members and staff, in collaboration with regional compact staff, have reviewed the paper and have some questions that we hope to have answered in the final week of Negotiated Rulemaking. Here are a few of our concerns:

  1. Replacing “education-specific laws” with “applicable state laws.” ED dropped the “education-specific laws” language and instead wrote that institutions must comply with “applicable state laws and regulations.”
  2. Deleted the language on a reciprocity organization board having no vote on policy.
  3. Reciprocity organization board membership composition. ED kept the board membership requirements with a slight modification to also allow members of licensing bodies.
  4. 500 students. If an institution has more than 500 students in another state, the institution would have to get separately authorized for that state; SARA would not apply.

Let your voice be heard! We encourage all members of the SARA community to review the issue paper and consider signing up for public comment to share the value of SARA. At the end of each of the first three days of Negotiated Rulemaking Session 3, the committee will reserve 30 minutes for public comment. The U.S. Department of Education website has instructions for requesting time to comment.

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February 22, 2024 Update: 
NC-SARA’s Response to Program Integrity and Institutional Quality Committee Session 2

The U.S. Department of Education’s (ED) 2024 Program Integrity and Institutional Quality Committee for Negotiated Rulemaking opened Session 2 on February 5 and the session closed on February 8. Related to the work of the committee, the SARA Community continues to:

  • Support efforts to improve transparency and collaboration in ways that benefit students.
  • Believe that states must lead “an agreement among states” such as SARA.
  • Agree that there are important principles to consider in discussions about the appropriate roles and relationships between the federal government and states.

LATEST DOCUMENTS

  • Dr. Robert Anderson, Chair of the NC-SARA Board, submitted a memo from NC-SARA to be included in Negotiating Rulemaking, Session 3, which will be held March 4 – 7, 2024.
  • NC-SARA staff has produced a short document, How SARA Works, to clarify and deepen understanding about how SARA functions and the positive impact it has had on millions of students across the United States. 

SARA CONCERNS

Education-Specific Laws – Issue 1

As part of Negotiated Rulemaking Session 2, ED provided a revised Issue Paper State Authorization V2. The following is an excerpt from the paper where the term education-specific laws has been included:

600.9 State authorization. (a)(1) An institution described under §§ 600.4, 600.5, and 600.6 is legally authorized by a State if the State:

(i) Ensures the institution complies with any applicable State authorization or licensure requirements, except as described in subsection (3) of this section, and continues to meet a State’s general-purpose or education-specific laws and regulations; and…

While the proposed language is still just that – a proposal – the inclusion of education-specific laws could be ED’s first step toward imposing their desire to have all out-of-state institutions follow each state’s authorization requirements regardless of reciprocity, which would effectively dismantle SARA.

If ED were to go forward with including education-specific laws in the new regulations, the gains afforded to states and institutions when SARA was established would be nullified, and we would move backwards to the patchwork of state authorization distance education regulations that existed before SARA. This would mean: 

  • Student access to out-of-state distance education opportunities would likely be significantly reduced.
  • The uniform set of student consumer protections afforded by SARA would be nullified.
  • Each institution would need to monitor and respond to regulations for each individual state in which they enroll students.
  • Each institution would lose the cost-savings, reduced administrative burden, and other benefits associated with being a SARA participant. 

NC-SARA Board Composition – Issue 2

A second concern for the SARA Community that is also included in the revised Issue Paper State Authorization V2 is the requirement in § 600.9(d) that governing bodies of a reciprocity agreement must consist solely of representatives from state regulatory bodies, enforcement agencies, and attorneys general offices: 

600.9 State authorization. (a)(1) An institution described under §§ 600.4, 600.5, and 600.6 is legally authorized by a State if the State:

(d) If an institution is authorized to offer distance education in another State under a State authorization reciprocity agreement, as defined in § 600.2:

(2) If administered by an organization, the governing body of such organization must consist solely of representatives from State regulatory bodies, enforcement agencies, and attorneys general offices.

We believe having a board with diverse membership improves the operation and governance of SARA. Including experts from a variety of backgrounds within the higher education community ensures that the full range of perspectives is considered when matters related to SARA are discussed and counsel is provided to SARA members. 

Additionally, the current NC-SARA Board has taken the position to not vote in the future on policies put forth by the SARA Regional Steering Committees through their regional compacts. ED accepted our proposal to formalize this position by including it in regulation. Doing so will make clear the state-driven role in determining policy that impacts reciprocity and should eliminate the need to dictate the specific make-up of any governing body overseeing a state reciprocity agreement. 

Other Issues That Could Impact SARA

There are several other issues on the table in the 2023-2024 Negotiated Rulemaking that would also impact SARA. While the negotiators continue to work toward a compromise, we provide here a summary of those issues. For a detailed report and other materials please see ED’s website on negotiated rulemaking:

  • Definition of state authorization reciprocity agreement.
  • Implementation of a state-led process for policy that could not be overruled by any external entities that administer a state authorization reciprocity agreement.
  • Creation of a more robust complaint process for students enrolled in higher education institutions participating in a state authorization reciprocity agreement. That process would include:
    • Communicating information about a student’s complaints to the state where the student is located.
    • Permitting member states responsible for receiving, and providing a final determination on, a student complaint, to, at the state’s discretion, accept, investigate, and resolve complaints about an institution without the student first going through the institution’s own procedures.
    • Requiring that complaints received by states about institutions subject to the state reciprocity agreement be communicated to the organization(s) that administer(s) the agreement. The organization(s) must make information received on complaints public at least annually, including but not limited to the number and type of complaints by institution for all institutions that are subject to the state reciprocity agreement.
    • Allowing those complaints alleging criminal offenses or violations of a state’s general-purpose laws, including but not limited to fraud, misrepresentation, and harassment, to be made directly to appropriate state agencies in the institution’s or student’s home state.
    • Permitting member states to, at the state’s discretion, accept, investigate, and resolve complaints about an institution that have not yet been submitted to and resolved by the institution.  

NEXT STEPS

NC-SARA continues to convene and facilitate discussion among a broad group of stakeholders to analyze the potential impact of the proposals described above on SARA-participating institutions and member states. We will share more information by email, on our Call to Action webpage, and by hosting webinars throughout the year.

  • NC-SARA is hosting a webinar on Negotiated Rulemaking, March 21, 2024. Registration is open!
  • Let your voice be heard! Sign up to provide public comment during the 2023-2024 Negotiated Rulemaking. At the end of each day of every session, the committee reserves 30 minutes for public comment. To request time to comment, please send the name of the speaker, as well as the name of the organization, if applicable, to negreghearing@ed.gov no later than 12:00 p.m. ET on the day of the meeting. 

MORE INFORMATION

  • Phil Hill and Associates produced a blog claiming the U.S. Department of Education is targeting online education.
  • WCET, the national leader in the practice, policy, and advocacy of digital learning in higher education, produces the Frontiers Blog, which includes information about and perspectives on negotiated rulemaking: 1) Major Changes to Distance Ed: Department of Education Rulemaking Week 2 Update; 2) Major Changes to Distance Ed Proposed: Department of Education Back to Rulemaking Table
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February 6, 2024 Update: Webinar Information

NC-SARA will be hosting an informational webinar focused on updates related to the U.S. Department of Education negotiated rulemaking.

Date: Thursday, March 21, 2024
Time: 12:00 PM - 1:00 PM (Mountain Time)

Department of Education Negotiated Rulemaking - Spring 2024 Update for the SARA Community

In this webinar, representatives from the State Authorization Reciprocity Agreements (SARA) community will review the implications for SARA-participating institutions as well as SARA member states and territories of the 2021-2022 negotiated rulemaking final regulations published by the U. S. Department of Education in October 2023, with a particular focus on certification procedures related to institutional closure. Presenters will also provide an update on the 2023-2024 negotiated rulemaking, again focusing on topics that may have the greatest impact on SARA. 

LINK TO REGISTER

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January 29, 2024 Update: NC-SARA Board Chair Submits Proposal Related to Complaint Systems and Governance in State Authorization

NC-SARA Board Chair Dr. Robert Anderson has submitted a proposal to the U.S. Department of Education related to Issue Paper 2: State Authorization addressing complaint systems and governance in state authorization. Dr. Anderson submitted the proposal to negotiators on the Program Integrity and Institutional Quality Committee following Session 1. The committee will meet for Session 2 February 5 – 8, 2024. Dr. Anderson serves as an alternate negotiator on the committee.

We will continue to post updates on our Call to Action page as the negotiated rulemaking process continues. Information is also available on the U.S. Department of Education website.

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January 8, 2024 Update: SARA Concerns Related to Issue Paper 2: State Authorization in 2023-2024 Negotiated Rulemaking

The U.S. Department of Education’s (ED) 2023-2024 negotiated rulemaking process includes six issues. Although many could have implications for distance education, NC-SARA is primarily focused on the topic of state authorization. ED has released initial proposed regulatory language in Issue Paper 2: State Authorization. The proposed language includes two items: the first would require additional transparency around student complaints and the second would limit eligibility for membership on the board overseeing a state authorization reciprocity agreement.

NC-SARA’s high-level takeaways include:

  1. We are supportive of any efforts to improve transparency and collaboration in ways that benefit students.
  2. We believe that states must lead “an agreement among states” such as SARA.
  3. There are important principles to consider in these discussions about the appropriate roles and relationships between the federal government and states.

NC-SARA staff has drafted a summary of the proposed language related to student complaints and board membership; that document includes key points related to SARA as well as a list of our primary concerns about the proposed language.

We will continue to post updates on our Call to Action page as the negotiated rulemaking process continues. Information is also available on the U.S. Department of Education website.

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January 4, 2024 Update: Negotiated Rulemaking 2023-2024: Program Integrity and Institutional Quality Issue Papers Released and Negotiators Selected

The U.S. Department of Education’s (ED) 2023-2024 Program Integrity and Institutional Quality Rulemaking agenda includes issues addressing accreditation, state authorization, and the definition of distance education. The first set of issue papers has been released and negotiators have been selected. Dr. Robert Anderson, President of SHEEO and Chair of the NC-SARA Board, has been selected as an alternate for this session of negotiated rulemaking. More information about the forthcoming session and the full list of negotiators can be found on the U.S. Department of Education website.
 
NC-SARA will focus its attention on Program Integrity and Institutional Quality Rulemaking proposals that address reciprocity. After our initial review of the state authorization issue paper, first impressions include:

  • ED has concerns about who is selected to serve on the NC-SARA Board.
  • ED would like to revise the SARA Student Complaint Process by mandating that reciprocity agreements require institutions to have a system to report student complaints to the state in which the student resides.

Please note that the first set of issue papers are considered a starting point for the negotiators. As the negotiating sessions get underway, we will be listening to the negotiations, monitoring any further issue papers that are released, and keeping the SARA community informed.

For more information on how to stay informed and to offer public comment during the negotiated rulemaking session, see below.

Information below from the U.S. Department of Education
 
Register to Observe:
Members of the public may observe the committee meetings; the committee will meet virtually 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. ET and 1 p.m. to 4 p.m. ET, with a public comment period from approximately 3:30 p.m. to 4 p.m. ET. If you would like to observe the negotiations, please register here.

Public Comment:
At the end of each day, the committee will reserve 30 minutes for public comment. To request time to comment, please send the name of the speaker, as well as the name of the organization, if applicable, to negreghearing@ed.gov no later than 12:00 p.m. ET on the day of the meeting. ED will provide information to commenters on how and when to log in to the meeting as a speaker. ED will accommodate as many requests as possible. 

Agenda and Issue Papers for Session 1 (January 8-11):

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December 15, 2023 Update: NC-SARA Nominates Two Individuals to Serve on U.S. Department of Education's 2024 Negotiated Rulemaking Committee

NC-SARA staff worked with the Executive Committee of the NC-SARA Board and the regional compact presidents to nominate two negotiators for the U.S. Department of Education’s 2024 negotiated rulemaking committee, which will prepare proposed regulations for federal programs authorized under Title IV of the Higher Education Act of 1965. 

NC-SARA nominated Dr. Eduardo M. Ochoa to represent public four-year institutions and Dr. Robert Anderson to represent state officials, including state higher education executive officers, state authorizing agencies, and state regulators of higher education institutions.

The Negotiated Rulemaking Committee will meet virtually 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

The U.S. Department of Education will provide additional information to those selected to serve as negotiators and will then post the full list of negotiators on the Department website.

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December 6, 2023 Update: Announcement of Negotiated Rulemaking 2024

The Office of Postsecondary Education of the United States Department of Education (USDE) has requested nominations from stakeholders for a negotiated rulemaking committee. All negotiating sessions will be virtual, and the public will be permitted to observe the meetings. USDE will reserve 30 minutes each day for public comments. 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

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

The six issues that will be addressed within the 2024 rulemaking process include:

  1. The Secretary's recognition of accreditation agencies under 34 CFR part 602 and related parts;
  2. Institution Eligibility under 34 CFR 600.2 and related to state authorization 34 CFR 600.9;
  3. Distance Education to address clock hour programs and reporting for online students;
  4. Return to Title IV funds;
  5. Cash Management;
  6. Federal TRIO Programs (a subcommittee will also be created).

The call for nominations identifies the constituencies that the USDE intends to include on the rulemaking committee. NC-SARA staff will work with the board officers and regional compact presidents to prepare a letter of nomination for a negotiator.  Nominations are due by December 13, 2023. We will share our nomination letter on the NC-SARA website after submitting it to USDE.

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ADDITIONAL RESOURCES

NC-SARA will continue to update information on this webpage. Need additional assistance or information from NC-SARA? Please email info@nc-sara.org

SARA Call To Action