Department of Education Announces New Negotiated Rulemaking – With More to Follow


Yesterday, the Department of Education (Department) announced the intention to establish a negotiated rulemaking (neg reg) committee to “prepare proposed regulations to address the changes to the campus safety and security reporting requirements in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), made by the Violence Against Women Reauthorization Act of 2013 (VAWA).”  The notice calls for nominations to the committee be made by October 19, 2013 [note - the notice is currently unofficial and calls for nominations "30 days after publication" - I expect the notice to be officially published today].

The three neg reg sessions will be held on:

  • January 13-14, 2014;
  • February 24-25, 2014; and
  • March 31-April 1, 2014.

Also of note, the Department stated that it ”anticipates” holding additional negotiated rulemakings to discuss additional topics (that were addressed in public comment during Department-held hearings):

While this committee will focus on changes made by the VAWA to the campus safety and security reporting requirements in the Clery Act, the Department continues to review the valuable testimony offered at the public hearings and the comments submitted through the public comment process regarding other proposed rulemaking topics. These include cash management of funds provided under title IV Federal Student Aid programs, regulations designed to prevent fraud, State authorization for programs offered through distance education or correspondence education, State authorization for foreign locations of institutions located in a State, clock to credit hour conversion, the definition of “adverse credit” for borrowers in the Federal Direct PLUS Loan Program; and  campus-based Federal Student Aid program reforms. We anticipate announcing our intention to establish a negotiated rulemaking committee to consider some or all of these other proposed rulemaking topics in the coming months.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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