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B-332557 1 (2020-10-06)

handle is hein.gao/gaobaebwy0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332557 October 6, 2020 The Honorable Lamar Alexander Chairman The Honorable Patty Murray Ranking Member Committee on Health, Education, Labor, Pensions United States Senate The Honorable Bobby Scott Chairman The Honorable Virginia Foxx Ranking Member Committee on Education and Labor House of Representatives Subject: Department of Education: Distance Education and Innovation Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Education (Education) entitled Distance Education and Innovation (RIN: 1840-AD38). We received the rule on September 21, 2020. It was published in the Federal Register as a final regulations on September 2, 2020. 85 Fed. Reg. 54742. The effective date of the rule is July 1, 2021. The final rule amends the general, establishing eligibility, maintaining eligibility, and losing eligibility sections of the Institutional Eligibility regulations issued under the Higher Education Act of 1965, as amended, Pub. L. No. 89-329, 79 Stat. 1219 (Nov. 8, 1965) (HEA), related to distance education and innovation. In addition, Education states that the rule amends the Student Assistance General Provisions regulations issued under HEA. The Congressional Review Act requires a 60-day delay in the effective date of a major rule from the date of the publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). Here, the rule has a stated effective date of July 1, 2021. However, Education states in the rule that the Secretary of Education is exercising her authority under section 482(c) of HEA to designate the changes to regulations at title 34, parts 600, 602, and 668 of the Code of Federal Regulations for early implementation beginning on September 2, 2020, at the discretion of each institution, or agency, as appropriate. Education states that it will implement the regulations as soon as possible after the implementation date and will publish a separate notice announcing the timing of the implementation. Otherwise, the rule is effective July 1, 2021. The rule did not address the impact of a designation of early

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