- Department of Education moves forward with final regulations on program integrity and institutional quality
- President Biden signs the FAFSA Deadline Act
Department of Education moves forward with final regulations on program integrity and institutional quality
This week, the Department of Education (ED) submitted its final proposed rules on program integrity and institutional quality to the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) – a key last step before the rules are published in their final form in the Federal Register.
Earlier this year, ED held several panels of “negotiated rulemaking” on program integrity and institutional quality issues. Community colleges were represented on these panels and were deeply engaged throughout the rulemaking process. While the tables covered issues including cash management, state authorization, and accreditation, ED only advanced proposed changes to distance education, Return of Title IV funds (R2T4), and TRIO eligibility in their August Notice of Proposed Rulemaking (NPRM).
While AACC was supportive of many of the changes in their NPRM, the Association submitted formal comments and met with ED management and budget officials to detail some significant concerns. As AACC’s David Baime outlines in the Community College Daily, these concerns included required attendance-taking for all distance education courses, eliminating Title IV eligibility for asynchronous clock-hour programs offered online, and new reporting for students enrolled in at least one distance education course.
The final rules will be published in the Federal Register after approval from OIRA. Per the requirements of the Higher Education Act, all final regulations must be published by November 1 to take effect for the next award year starting on July 1. This means these new regulations cannot take effect until July 2026, although institutions will likely have the opportunity to implement early. While the incoming Trump Administration is likely to rescind forthcoming final rules on student debt relief (also sent to OIRA this week), it is not yet clear what actions the new Secretary will take on these regulations and other issues covered during the program integrity and institutional quality rulemaking.
President Biden signs the FAFSA Deadline Act
On Wednesday, President Biden signed the FAFSA Deadline Act into law. The measure had received unanimous support in the Senate and near-unanimous support in the House. The law will require the Department of Education (ED) to make the 2026-27 Free Application for Federal Student Aid (FAFSA) and subsequent FAFSAs available to students and families on October 1. It would also require the Department to notify Congress by September 1 if it will not be able to meet the deadline.
Currently, the statutory deadline to release the form is January 1, but ED has historically released the form on October 1. Institutions, states, and other entities have planned their application, admissions, and aid deadlines with that October 1 release date in mind. When the 2024-25 FAFSA was released in late December, it threw those timelines into disarray, delayed financial aid officers’ ability to package aid officers, and gave students less time to complete the form and to make informed college decisions. While the 2025-26 FAFSA was released earlier than the previous year, it was still released past the usual October 1 date.
AACC has endorsed the FAFSA Deadline Act. We believe the law will deliver more certainty for students and families and a return to regular order for colleges after two condensed and difficult award cycles.