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ED/OPE RIN: 1840-AD92 Publication ID: Fall 2024 
Title: Program Integrity and Institutional Quality: Distance Education [1840-AD92], Return to Title IV, HEA Funds [1840-AD85], and Federal TRIO Programs [184-AD68] 
Abstract:

The Secretary plans to propose to amend the definition of distance education at 34 CFR 600.2. This regulation was included in the Program Integrity and Institutional Rulemaking process.  The Secretary also plans to amend regulations on the requirements for institutions to return unearned Title IV, Higher Education Act of 1965, as amended (HEA) program funds, to consider opportunities to protect students and taxpayers while easing administrative burden for institutions of higher education. This regulation was included in the Program Integrity and Institutional Rulemaking process.  Finally, the Secretary plans to amend current regulations on the Federal TRIO programs under the HEA, which may include technical improvements to programmatic eligibility and operations. Additional information about the TRIO programs can be found here: https://www2.ed.gov/about/offices/list/ope/trio/index.html .    

The regulatory process around these rules included 3 days of virtual public hearings on this topic on April 11-13, 2024, where the Department heard from 53 speakers including parent and student borrowers, higher education organizations, and other stakeholders who shared their views on this regulation. This regulation was included in the Program Integrity and Institutional Rulemaking process, which took place over 3 negotiated rulemaking sessions on January 8-11, February 5-8 and March 4-7, 2024, which also provided an opportunity for virtual public comments from an additional 94 public speakers to share their input during the rulemaking sessions. There was a 30-day public comment period once the notice of proposed rulemaking published from July 24-August 24, 2024 where the Department received over 303 public comments on the proposed rule.

 
Agency: Department of Education(ED)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: 34 CFR 600.2    34 CFR 668.22    34 CFR 642 to 647   
Legal Authority: 20 U.S.C. 1003    20 U.S.C. 1091b    20 U.S.C. 1070a-11 through 20 U.S.C. 1070a-18   
Legal Deadline:  None

Statement of Need:

The HEA and the Department’s regulations provide that institutions of higher education may offer programs through distance education. Currently, however, the Department has only very limited data about students enrolled in distance education, which limits the Department’s ability to answer important questions about student pathways and outcomes through in person, distance, and hybrid education.

The R2T4 regulations govern the process institutions must conduct when a title IV, HEA recipient ceases attendance during a payment period or a period of enrollment. An R2T4 calculation determines, based on the proportion of a payment period or period of enrollment a student completed, whether funds must be returned by the school and/or student, or whether the student is eligible for a post-withdrawal disbursement. R2T4 calculations differ based on academic calendars and program format, including the use of clock hours or credit hours and the use of module courses within terms. R2T4 consistently ranks among the top ten compliance findings for institutions, is the subject of an entire volume of sub-regulatory guidance in the FSA Handbook and yields complex and challenging questions; therefore, the Department believes that there is a need to take regulatory action immediately to update and clarify the regulations.

The TRIO programs are Federal outreach and student services programs designed to identify and provide services for individuals from disadvantaged backgrounds. TRIO programs serve and assist low-income individuals, first-generation college students, students with disabilities, students with limited English proficiency, students experiencing homelessness, and students in foster care to progress through the academic pipeline from middle school to postbaccalaureate programs. Limitations in the current regulations do not allow TRIO programs to reach all students in the geographic areas that the programs were meant to serve.

Summary of the Legal Basis:

The Distance Education regulations are being issued under the authority provided in 20 U.S.C. 1003.  The Return to Title IV regulations are being issued under the authority provided in 20 U.S.C. 1091b.  The TRIO regulations are being issued under the authority provided in 20 U.S.C. 1070a-11 through 20 U.S.C. 1070a-18. 

Alternatives:

These are discussed in the preamble to the proposed regulations.

Anticipated Costs and Benefits:

These are discussed in the preamble to the proposed regulations.

Risks:

These are discussed in the preamble to the proposed regulations.

Timetable:
Action Date FR Cite
Notice of Intent to Commence Negotiated Rulemaking  07/06/2023  88 FR 43069   
NPRM  07/24/2024  89 FR 60256   
NPRM Comment Period End  08/23/2024 
Final Action  12/00/2024 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Brian Schelling
Department of Education
Office of Postsecondary Education
400 Maryland Avenue SW,
Washington, DC 20202
Phone:202 987-0443
Email: brian.schelling@ed.gov