Federal Register Documents citing 86 FR 28299

The government acknowledges changes need to be made. They must be held accountable and follow through with action.

Page 5046
For Borrower Defense,
the Secretary plans to amend the
regulations that specify the acts or
omissions of an institution of higher
education that a borrower may assert as
a defense to repayment of a loan made
under the Federal Direct Loan Program.
In Improving Student Loan Cancellation
Authorities, the Department plans to
propose improvements in areas where
Congress has provided borrowers with
relief or benefits related to Federal
student loans. This includes authorities
granted under the Higher Education Act
(HEA) that allow the Department to
cancel loans for borrowers who meet
certain criteria, such as having a total
and permanent disability, attending a
school that closed, or having been
falsely certified for a student loan. For
these borrowers, the Secretary plans to
amend the regulations relating to
borrower eligibility and streamline
application requirements and the
application and certification processes.
To increase access to educational
opportunities, the Department also
plans to propose regulations that would
guide correctional facilities and eligible
institutions of higher education that
seek to establish eligibility for the Pell
Grant program for individuals who are
The Department also plans to conduct
negotiated rulemaking on Gainful
Employment and how to determine the
amount of Federal educational
assistance received by institutions of
higher education through
implementation of the 90/10 rule. For
Gainful Employment, the Department
plans to propose regulations on program
eligibility under the HEA, including
regulations that determine whether
postsecondary educational programs
prepare students for gainful
employment in recognized occupations,
and the conditions under which
programs remain eligible for student
financial assistance programs under title
IV of the HEA. On the 90/10 rule, in
response to changes to the HEA made by
the American Rescue Plan Act of 2021,
the Department plans to amend
provisions governing whether
proprietary institutions meet
requirements that institutions receive at
least 10 percent of their revenue from
sources other than Federal education
assistance funds.