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# Department of Education’s Office of Postsecondary Education Announces Public Hearings on Protections for Students, Loan Repayment, Targeted Loan Cancellation Programs, and Other Higher Education Regulations  

# Department of Education’s Office of Postsecondary Education Announces Public Hearings on Protections for Students, Loan Repayment, Targeted Loan Cancellation Programs, and Other Higher Education Regulations  

May 24, 2021

**Contact:  **press@ed.gov

                                    -        
The U.S.  Department of Education’s Office of Postsecondary Education announced today  that it will hold virtual public hearings on June 21, 23, and 24 to receive  stakeholder feedback on potential issues for future rulemaking sessions. 

These issues  include borrower defense to repayment for students harmed by their colleges’  misleading practices and gainful employment requirements to protect students  and taxpayers from poor-performing programs. They also include loan repayment  and improving the rules governing targeted student loan cancellation  authorities for borrowers engaged in public service, with disabilities, or  whose institutions close, among other topics. 

This process of  issuing new regulations reflects the Department’s commitment to serving  students and borrowers well and protecting them from harmful programs and  practices that may derail their postsecondary and career goals. 

“The  Department of Education’s primary responsibility is to serve students and  borrowers,” said Education Secretary Miguel Cardona. “That means taking a fresh  look at a range of regulations to make sure they are not creating unnecessary  barriers, but instead can ensure that institutions and programs serve our  students well.” 

The  Department is interested in comments on regulations that would address gaps in  postsecondary outcomes, such as retention, completion, student loan repayment,  and loan default. Specific consideration to disparate impacts by income,  race/ethnicity, gender, and other demographic characteristics is  encouraged. 

Today’s announcement is the first step in the process of  issuing new regulations. Following the public hearings, the Department  will solicit nominations for non-federal negotiators who can serve on  the negotiated  rulemaking committees, which will  convene in late summer 2021.

The Department suggests the following topics for regulation  in the hearing notice but invites comment on  any regulatory issue that that can improve outcomes  for students, especially borrowers. Potential topics may include:
- Ability to benefit
- Borrower defense to repayment
- Certification procedures for participation in federal  financial aid programs
- Change of ownership and change in control of institutions  of higher education
- Closed school discharges
- Discharges for borrowers with a total and permanent  disability
- Discharges for false certification of student  eligibility
- Financial responsibility       for participating institutions of higher education, such as events that       indicate heightened financial risk
- Gainful employment
- Income-contingent loan repayment plans
- Mandatory pre-dispute arbitration and prohibition of class action lawsuits provisions in institutions’ enrollment agreements/li>   Pell Grant eligibility for prison education programs  Public service loan forgiveness  Standards of administrative capability   The Department is  aware of likely stakeholder interest in regulations in response to the Fiscal  Year 2020 appropriations bill, which made changes to the 90/10 rule to require  that private for-profit institutions derive at least 10 percent of their revenue  from non-federal sources like the Department’s federal financial aid programs  and benefits for veterans and military servicemembers. By law, the Department  may not begin regulatory activity on this provision until October 1, 2021.  The hearings will be held from 10:00 AM – 12:00 PM and 2:00  PM – 4:00 PM (EST) on June 21, 23, and 24. Individuals who would  like to make comments at the public hearings must register by sending  an email message to negreghearing@ed.gov no later than 12:00 PM (EST) on the  business day prior to the public hearing at which they wish to speak.  The message should include the name and email address of the speaker,  the general topic(s) to be addressed, and at least  two dates and times during which the individual would be available to  speak.  The Department will attempt to accommodate each  speaker’s scheduling preference; however, if we are unable to do so,  determinations will be made on a first- come first-served basis, based on  the registration submission time and date. Participant’s  comments will be limited to three-to-five minutes. Individuals who  wish to view the hearings without providing comment must register for each day they wish to observe.   Further information on the public hearings is  available here. More on the negotiated rulemaking process is  available here.      -  Tags: Postsecondary EducationRegulationStudent Loan ProgramsPress Releases
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