Government Affairs

US Department of Education Announces Hearings on Higher Education Rulemaking; Secret Shopping of Institutions | Policy Matters (March 2023)

March 29, 2023

Major Updates



  • The Department of Education Announces Public Hearings April 11-13 on Higher Education Rulemaking
    The US Department of Education will hold virtual public hearings on April 11-13 to hear from the public on potential updates for this fall’s rulemaking sessions. The Department’s focus is on a number of topics, but most important to this community are: Institutional eligibility, including State authorization; third-party servicers and related issues; and the definition of distance education as it pertains to clock hour programs and reporting students who enroll primarily online. The written comment period ends April 13, and more details, including how to take part in the virtual public hearings, can be found here. For details on the negotiated rulemaking process at the Department, here are some FAQsRead more.


  • Education Department Announces Secret Shopping of Institutions to Find Predatory Practices
    The US Department of Education announced March 14 that they will begin to use secret shoppers as a means to identify institutions that are not in compliance with recruitment, enrollment, financial aid, and other items. The goal of the Department is to help identify potentially misleading or predatory methods used to recruit and/or enroll students. Federal Student Aid Chief Operating Officer Richard Cordray noted that “Secret shopping is another tool in FSA’s toolbox as we expand our oversight work to hold predatory schools accountable. Our focus—as always—is to ensure that students, borrowers, families, and taxpayers are not being preyed upon to make a quick buck.” We encourage our institutions to review all enrollment and recruitment practices that are part of your programs to make sure they are aligned with institutional Title IV eligibility guidelines. Read more


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