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ERIC Number: ED638831
Record Type: Non-Journal
Publication Date: 2023-Dec
Pages: 13
Abstractor: ERIC
ISBN: N/A
ISSN: N/A
EISSN: N/A
What Is Negotiated Rulemaking at the US Department of Education?
Michael Brickman
American Enterprise Institute
Negotiated rulemaking (neg-reg) has now been used by administrations of both parties to enact major changes to Department of Education rules. The goal of neg-reg is consensus, and the agency's proposals and the conversations during the rulemaking sessions naturally determine whether that goal will be achievable with the parties at the table. To launch a negotiated rulemaking, the department must first notify the public that neg-reg will take place and on which topics. This might have resulted in more deliberately crafted rules or forced the rejection of more half-baked or politically fringe ideas. However, it has also forced administrations to spend the better part of a presidential term simply reversing what the previous administration did, with little opportunity for forward momentum. Congress should at least reconsider whether negotiated rulemaking is a net benefit when it next reauthorizes the Higher Education Act (HEA) and, more broadly, set a higher bar for the enactment of new regulations than for the repeal of failed ones.
American Enterprise Institute. 1150 Seventeenth Street NW, Washington, DC 20036. Tel: 202-862-5800; Fax: 202-862-7177; Web site: http://www.aei.org
Publication Type: Reports - Research; Numerical/Quantitative Data
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: American Enterprise Institute (AEI)
Identifiers - Laws, Policies, & Programs: Higher Education Act 1965
Grant or Contract Numbers: N/A