Negotiated rulemaking (neg-reg) has now been used by administrations of both parties to enact major changes to Department of Education rules. The goal of neg-reg is consensus, and the agency's proposals and the conversations during the rulemaking sessions naturally determine whether that goal will be achievable with the parties at the table. To…

When the Obama administration implemented the first gainful employment (GE) rule in 2014 to protect students from education credentials that lead to unaffordable debts, virtually all programs at public institutions passed the test. The Biden administration is developing its own GE rule after the Trump administration repealed the Obama-era rule. A…