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ED/OPE RIN: 1840-AD51 Publication ID: Spring 2022 
Title: Ability to Benefit 

Students who do not have a high school diploma or its equivalent may access Title IV funding by enrolling in an eligible career pathway program and proving their "ability to benefit," which can be done through a State-defined process. The current regulations require that a State process meets a minimum success rate. The Department has completed negotiated rulemaking to develop proposed regulations that modify regulations last promulgated in 1995 to provide clarity to States and institutions of higher education, including how to calculate the success rate of institutions with the intention of facilitating the implementation of State-defined processes and how to document and verify when an institution offers an eligible career pathway program.

Agency: Department of Education(ED)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule 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  05/26/2021  86 FR 28299   
NPRM  04/00/2023 
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 Avenue SW, Room 294-12,
Washington, DC 20202
Phone:202 453-7241