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Boundless Potential
Good Afternoon!

Last week I had the honor of hosting a book talk with Dr. Rebecca Natow, assistant professor at Hofstra University, where we discussed her new book, Reexamining the Federal Role in Higher Education, that explores the federal government’s indispensable relationship with higher education and provides a contemporary understanding of the creation, implementation, and influence of policy actors in shaping federal higher education policies. If you missed the live event, you can view the recorded book talk here. As I wrapped up our book talk, I was reminded that given the work that many of our readers do in the context of state policy, sometimes the federal policy environment feels a bit like unknown territory. This week, we will touch on a few activities happening at the federal level that have the potential to impact state postsecondary education policy, but may also serve as a bit of a primer for those who are ‘heads down’ in the Centennial state.

Last month the U.S. Department of Education concluded a Negotiated Rulemaking session that was assembled to address seven topics based on information received from prior public hearings. Consensus was reached on only two of the seven topics, meaning the remaining five issues will be written by the Department and released for public comment this summer before becoming effective as early as July 1, 2023. For example, since consensus was not met on the proposed gainful employment rule, the Department now has the ability to keep intact or rewrite any portion of the regulation. On the other hand, the 90/10 rule reached consensus, and will therefore be published for public comment as written and agreed upon by negotiators. For a short summary of each regulation, and where they stand today, the National Association of Student Financial Aid Administrators (NASFAA) summarized their coverage of the hearings here. A team at New America also put together a handy “cheat sheet” for the 2021-2022 Negotiated Rulemaking session that includes historical context, how negotiators were chosen, and resources to learn more about the “neg-reg” process.

Also, this winter, James Kvaal, Under Secretary of Education, spoke at Colorado’s Higher Education Governing Boards Training. Sharing an overview of the current state of higher education, Kvaal brought an optimistic future outlook while outlining how the Biden Administration’s initiatives align with Colorado’s mission to improve college access, retention, and success for students. Following his presentation was a lively Q&A, including Kvaal’s response to my question about the federal government’s role in data transparency for learners. You can listen to Kvaal’s portion of the recorded trustee convening here.

For readers who are interested in some of these topics, please consider subscribing to Whiteboard Notes, which is routinely updated with the latest conversations and actions in Washington, DC.

All my best for a great week,
Alison

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