On March 28, 2023, IRAE submitted public comments to the U.S. Department of Education regarding its Request for Information on Proposed Changes to Requirements and Responsibilities for Third Party Servicers and Institutions under Title IV of the Higher Education Act of 1965. We wrote to share IRAE’s concerns with DOE’s aggressive expansion of the regulation of partnerships between universities and third-party servicers that administer any aspect of the former’s participation in federal financial aid programs. The revised guidance will have massive and detrimental implications for online program managers (OPMs) and the universities that rely on these third-party servicers to keep their curricula as flexible, current, and affordable as possible.

On March 23, 2023, IRAE submitted comments regarding the U.S. Department of Education’s Notice of Proposed Rulemaking, Direct Grant Programs, State-Administered Formula Grant Programs Proposed Rule, “The Free Inquiry Rule.” While many regulatory analyses start and end with an underlying statutory framework and how a proposed rule aligns with an agency’s obligations under the Administrative Procedure Act, this analysis focuses in no small measure on the constitutional questions underlying the latest DOE proposal — and the Department’s attempt to sidestep its constitutional obligations by couching this proposal in a cost-benefit analysis framework.

On March 14, 2023, IRAE submitted comments to share its concerns with the U.S. Department of Education’s consideration of changes to guidance and regulations regarding incentive compensation under Title IV of the Higher Education Act of 1965.