101: Negotiated Rulemaking
January 11, 2019
A Quirk of Federal Higher Education Policy: Negotiated Rulemaking
The Higher Education Act (HEA) requires the U.S. Department of Education (ED) to use a process called “negotiated rulemaking” in order to make any changes to programs authorized under HEA’s Title IV, the section that houses federal financial aid programs and affects more than $130 billion annually in federal funding.
Negotiated Rulemaking: Nuts and Bolts
The negotiated rulemaking process — colloquially known as “Neg Reg” — uses a neutral facilitator and a balanced negotiating committee comprised of representatives of all interests. The goal of negotiated rulemaking is to have the committee reach consensus, but if the committee does not reach consensus, ED may formulate their own rule.
Our 101 provides a quick read on what “neg reg” is and how the process works.