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ED/OPE RIN: 1840-AD51 Publication ID: Spring 2021 
Title: State-defined Processes for Ability to Benefit 

Students who do not have a high school diploma or its equivalent may access Title IV funding by proving their "ability to benefit," which can be done through a State-defined process. The current regulations require that a program meet a minimum success rate. The Department will launch a negotiated rulemaking to develop proposed regulations that modify regulations last promulgated in 1995 to provide clarity to States on how to demonstrate the success rate of their State process with the intention of facilitating the implementation of State-defined processes.


Agency: Department of Education(ED)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
CFR Citation: 34 CFR 668.156   
Legal Authority: 20 U.S.C. 3474    20 U.S.C. 1221e-3    20 U.S.C. 1091   
Legal Deadline:  None
Action Date FR Cite
Notice of Intent to Commence Negotiated Rulemaking  06/00/2021 
NPRM  07/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Aaron Washington
Department of Education
Office of Postsecondary Education
400 Maryland Ave SW, Room 294-12,
Washington, DC 20202
Phone:202 453-7241