Institutions of higher education should be aware that the final regulations for such rules may require significant operational changes and, therefore, should monitor and participate in the rulemaking process.
On September 4, 2025, the U.S. Department of Education (Department) released its Spring 2025 Rulemaking List which includes 10 rulemaking topics it intends to pursue. A majority of the topics were expected to be included or are currently in the rulemaking process. Institutions of higher education should identify any topics of potential impact and prepare strategies as the rulemaking process for that topic unfolds.
Of the proposed topics, eight are currently in the proposed rule stage. Those include:
- Innovative Assessment and Demonstration Authority (1810-AB60)
- Impact Aid Grant – Technical Corrections (1810-AB66)
- Documentation of Foreign Source Gifts and Contracts (1840-AD50)
- Public Service Loan Forgiveness (1840-AD91)
- Elimination of Disparate Impact Theory Under Title VI (1870-AA20)
- Procedures for Investigations and Enforcement of Title VI Violations (1870-AA21)
- Protection of Pupil Rights Amendments (1870-AA13)
- Family Educational Rights and Privacy Act (1875-AA15)
The proposed rule stage indicates that a proposed regulation was either already published in the Unified Agenda or is further along in the rulemaking process. Many of the topics are consistent with previous announcements by the Department. Two proposed topics seek to amend civil rights regulations related to the enforcement of violations. Other rules of note for institutions include amendments to the Public Service Loan Forgiveness regulations and changes to requirements for documentation of foreign source gifts and contracts, all topics that the Department has identified as topics needing reform. Institutions of higher education should be aware that the final regulations for such rules may require significant operational changes and, therefore, should monitor and participate in the rulemaking process.
Two of the proposed topics are in the prerule stage, including:
The prerule stage indicates that the proposed topic was not previously introduced in the Unified Agenda or entered the rulemaking process. However, the Department has previously stated its interest in reforming the accreditation system and revising current eligibility mechanisms for Title IV participating institutions. Therefore, inclusion of these topics should not surprise most institutions and higher education parties. For amendments to accreditation regulations, it is expected that any proposed rule will streamline requirements for entry of new accreditors and/or for institutions seeking to change accreditors. Additionally, it is likely that new regulations will address agency standards related to nondiscrimination compliance and agency obligations for taking action against institutions for noncompliance.
As for Title IV eligibility regulations, the summary of the proposed rules indicate that revisions will “remove requirements that unnecessarily target faith-based or for-profit institutions and interfere with efficient and beneficial mergers, sales, and transfers of institutions of higher education.” It is likely that the regulations will repeal/reform several final regulations issued in the previous Biden administration, including addressing areas within the current financial responsibility, certification and administrative capability regulations.
All institutions of higher education should be aware of areas of focus for the Department. It is recommended that any impacted institutions review our previous Alert on how to participate in the negotiated rulemaking process.
About Duane Morris
The Duane Morris Higher Education Group has experience guiding associations, institutions and other interested parties in identifying key issues at stake in rulemaking proceedings, preparing substantive input for consideration by negotiating committees, framing and drafting public comments and holding constructive meetings with government officials during the rulemaking process.
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If you have any questions about this Alert, please contact Katherine D. Brodie, Matthew Steinway, the attorneys in our Higher Education Group or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.