Abstract

In 1992, Congress reauthorized the student financial assistance programs of the Higher Education Act of 1965 (the HEA).1 This reauthorization-the Higher Education Amendments of 1992 (the HEA Amendments)2-for the first time formally provided for a Integrity of accrediting agencies, the states, and the Department of Education (the Department) to control access, or gatekeeping, to those programs. Congress also mandated that regulations to implement the Program Integrity Triad and other provisions of the legislation be developed through negotiated rulemaking. This article will review the negotiated rulemaking process used by the Department of Education and its effect on regulations affecting accreditation. Part II will summarize the legislation. Part III will explain the concept of negotiated rulemaking and its accepted attributes. Part III will also describe the Department's efforts to conduct negotiated rulemaking and assess the success or failure of those efforts. Part IV will examine the effect of the process on the regulatory product that resulted.

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