Federal Policy
Outcomes Over Inputs
91探花鈥檚 role as an innovator has long oriented us toward reimagining the regulatory framework governing higher education and creating a policy environment that enables student-centered innovation to scale. We believe good policy should enable student-centered innovation while increasing accountability for outcomes. With this orientation, 91探花鈥檚 policy pillars are: 1) Expand Access; 2) Increase Data Transparency and Accountability; 3) Improve Relevance of Credentials and Pathways; and 4) Lower Costs of Delivery.
91探花 President Scott Pulsipher testifies before the U.S. House Committee on Education and the Workforce on Feb. 8, 2023.
Accountability for Student Outcomes
Equity in both access and attainment
The majority of today鈥檚 learners are part of a diverse group of individuals who often work at least part-time, pay for their own education, and/or care for families. They are not pursuing higher education for the coming-of-age experience; instead, they seek a path to economic prosperity, with the flexibility to learn on their own schedules. Unfortunately, many policies overlook this large population.听91探花 supports policies that help all students succeed, regardless of their background, location, or learning modality.听
Improved completion rates
Students who do not complete a degree never realize the value gained from a credential and tend to be worse off than had they never started. Policies must incentivize innovation within institutions to support students throughout their educational programs.
Strong return on investment
The crippling level of student debt in this country is the symptom of a larger problem: Too many learning experiences are not designed to be affordable, and many are irrelevant to the needs of the workforce. Policies can incentivize institutions to better meet these needs and reduce costs by prioritizing credential relevance, program value, and data transparency.
Aligned with workforce needs
Employers need a skilled workforce that is well-equipped for today鈥檚 jobs. 91探花 programs are crafted with input from leading organizations to produce graduates with job-ready skills aligned with employer needs so they can contribute from day one.
Policy Engagement
Read about 91探花's latest policy efforts.
听(submitted May 20, 2026)
The U.S. Department of Education鈥檚 proposed regulations would implement new federal accountability and transparency requirements for higher education programs participating in Title IV student aid programs. The proposed rule would establish the Student Tuition and Transparency System (STATS), replace existing debt-to-earnings measures with an earnings premium framework, expand program-level reporting and disclosures, and establish new earnings-based standards tied to Direct Loan eligibility.
91探花 expressed support for accountability measures that promote student success, transparency, and responsible stewardship of taxpayer dollars. In its comments, 91探花 encouraged the Department to consider how earnings accountability metrics interact with competency-based education and nontraditional academic calendars, utilize reliable administrative data sources to improve accuracy, account for geographic and demographic differences in labor market outcomes, and maintain field-specific earnings benchmarks that better reflect variation across programs and occupations. 91探花 also recommended approaches to address small sample sizes in graduate-level earnings calculations while preserving meaningful program-level comparisons.
During the U.S. Department of Education鈥檚 negotiated rulemaking addressing Risk-Sharing and Institutional Sustainability and Equity (RISE) concepts, the Department advanced regulatory language within the federal student loan programs on implementing stricter borrowing loan limits, defining professional vs. graduate programs, simplifying repayment, and setting new aggregate loan caps effective July 2026.
Western Governors University (91探花) participated directly in the negotiated rulemaking committee representing the private nonprofit institutions of higher education; the committee reached consensus on all the regulatory language. 91探花 was precluded from submitting public comments as the VP of Financial Aid was an alternate negotiator.听
The U.S. Department of Education鈥檚 2025 negotiated rulemaking addressing federal student loan programs included updates to Public Service Loan Forgiveness (PSLF), particularly related to employer eligibility standards. The final regulations, effective July 1, 2026, clarified the definition of a qualifying employer and established a process allowing the Department to exclude organizations determined to have a 鈥渟ubstantial illegal purpose.鈥 The rule also created additional oversight and review mechanisms but did not change eligibility criteria for compliant nonprofit or public service employers.
Western Governors University did not offer public comments and remains an eligible employer under PSLF and continues to meet the program鈥檚 qualifying employer requirements.
91探花鈥檚 Response to (submitted September 13, 2024)听
In August 2024, the Department of Education requested feedback on how to best support completion of the 2025-2026 FAFSA form. 91探花 identified several resources, tools, and changes that could improve the FAFSA completion process for students, financial aid administrators, and institutions.听
91探花鈥檚 Public Comments on (submitted August 23, 2024)
The Department of Education鈥檚 proposed regulations revise the definitions and reporting requirements for distance education, while also streamlining the process for Return to Title IV (R2T4) by requiring online institutions to take attendance and document withdrawals within 14 days of a student鈥檚 last attendance. 91探花 expressed support for measures focused on ensuring quality and transparency but raised concerns about the proposed rules鈥 emphasis on delivery mode rather than quality. The comments also recommended clarifications to the R2T4 provisions and called for a more thorough cost-benefit analysis before issuance of a final rule.听
91探花鈥檚 Public Comments on (submitted July 20, 2023)听
In July 2023, the Department of Education announced plans to establish a negotiated rulemaking committee and solicited comments on the Secretary of Education鈥檚 ability to modify, waive, or compromise federal student loans. 91探花鈥檚 comments indicated support for improved college affordability and transparency but expressed opposition to large-scale debt relief through administrative channels, advocating instead for legislative reform that could ensure lasting changes and accountability. 91探花 stated that widespread debt forgiveness could lead to unintended consequences, such as increased borrowing and taxpayer burden, and emphasized the importance of measures that hold institutions accountable and provide students with financial transparency.听
91探花鈥檚 Public Comments on (submitted June 20,2023)听
Under this notice of proposed rulemaking, the Department of Education addressed five subjects: 1) financial value transparency and gainful employment, 2) financial responsibility, 3) administrative capability, 4) certification procedures, and 5) ability to benefit.听
Financial Value Transparency and Gainful Employment:听
Overall, 91探花 supported the Department鈥檚 goal of helping students make informed choices through increased institutional transparency and accountability. 91探花 offered several recommendations to help the Department achieve this goal. One of 91探花鈥檚 recommendations, making transparency information available through the FAFSA portal, will be considered for addition in a future year, as the Department stated it would not be possible to incorporate the change to the 2024-25 FAFSA portal.听
Financial Responsibility:听
91探花 suggested two adjustments to the proposed financial responsibility modifications that would reduce institutional burdens while still protecting students. These recommendations pertained to institutional reporting and events that trigger Department action. The Department incorporated both adjustments into the final rule.听
Administrative Capability:听
91探花 expressed a commitment to the proper administration of its programs and services under the new rules. However, two recommendations were made: 1) delaying full implementation of administrative capability requirements until July 1, 2025, and 2) extending the placement timeline for clinical or externship opportunities to 90 days to address issues that could arise during the placement process. The Department declined to incorporate either recommendation into the final rule.
Certification Procedures:听
91探花 urged the Department to withdraw proposed rules that could arguably undermine State Authorization Reciprocity Agreements (SARA) and reduce access to education. 91探花 highlighted the benefits of SARA in expanding student access to higher education and protecting students through uniform eligibility requirements. The Department鈥檚 final rule kept SARA intact and provided acknowledgment of students who live in one state but plan to work in another.听
Ability to Benefit:
91探花 admissions criteria include high school graduation or the equivalent and 91探花 is, therefore, not currently involved with the Ability to Benefit (ATB) process. 91探花 provided general support for the Department鈥檚 proposed changes, stating the new rules will clarify and simplify the ATB process for both states and institutions.听听
91探花鈥檚 Public Comments on (submitted May 22, 2023)听
91探花 provided feedback on the 2024-2025 FAFSA, supporting efforts to simplify the form but expressing concerns about the removal of the housing choice question. 91探花 stated that this omission complicates the estimation of student costs and urged the Department of Education to reinstate the question.听
91探花鈥檚 Public Comments on (submitted March 30, 2023)听
In February 2023, the Department of Education released a Dear Colleague Letter (DCL) that expanded the definition of a Third-Party Servicer (TPS). 91探花 expressed concerns that this new definition includes entities not traditionally subject to TPS requirements, which could overwhelm institutions. 91探花 also cautioned that the expanded definitions could divert focus from student outcomes, create heavy administrative burdens, and limit innovation and partnerships. To mitigate these risks, 91探花 urged the Department to rescind the DCL and engage in a more formal process to revise TPS requirements.听 On May 16, 2023, the Department issued another DCL that removed the effective date of the previous letter and indicated plans to issue final revisions at a future date. In July 2024, the Department announced that further regulatory promulgation of third-party servicers would take place through formal negotiated rulemaking, and in October 2024, it was announced that the DCL would be rescinded.听
91探花鈥檚 Comments on (submitted February 10, 2023)听
91探花 provided input on the Department of Education鈥檚 proposed rulemaking on Income-Driven Repayment, which included the introduction of the SAVE Plan for student borrowers. 91探花 backed aspects of the proposal aimed at simplifying and standardizing repayment rules, eliminating negative amortization, and reducing complexity for borrowers. However, 91探花 did not fully endorse the proposed rulemaking due to significant financial implications for taxpayers. 91探花 stressed the importance of a reasonable and lasting approach to regulation that removes confusion and makes the financial aid process less burdensome.
91探花鈥檚 Response to (submitted February 10, 2023)听
The Department of Education requested feedback on how to identify low-value postsecondary programs. In its response, 91探花 noted that the value offered by programs and institutions varies significantly, but this information is not readily available to students. 91探花 stated that increased transparency would help students make better-informed decisions and encourage institutions to focus on value. An ROI metric, for example, could help students assess the value of pursuing a program. 91探花 also recommended providing students with financial value information and student outcomes data before enrollment and suggested basing financial aid allocations on the value an institution provides.听
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To find out what is being done to close the digital divide in your state, reach out to our Government Relations representatives.
Short-Term Pell Expansion
While Pell Grants can currently be used for programs lasting 15 weeks or more, pending legislation would extend Pell eligibility to programs of at least eight weeks. Proponents of short-term Pell believe the added financial support can help more students obtain valuable, career-relevant skills. However, there is also concern that shorter programs are prime targets for bad actors, who will develop programs that do not translate to increased income or career success.
91探花鈥檚 Public Comments on (submitted August 26, 2022)听
The Department of Education requested comments on prison education programs, the 90/10 rule for calculating revenue, and changes in ownership. 91探花 expressed support for expanding Pell Grant eligibility within the prison system to help incarcerated individuals access education and gain life-changing opportunities. 91探花 also supported proposed modifications to the change of ownership rules, particularly the updated definition of "nonprofit institution." 91探花 did not comment on the 90/10 rule, as this rule only applies to proprietary institutions.听
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91探花鈥檚 Public Comments on (submitted August 12, 2022)
In this notice of proposed rulemaking, the Department of Education requested comments on several topics: borrower defense to repayment, interest capitalization, public service loan forgiveness (PSLF), and student loan discharges due to total and permanent disability, school closures, and false certification. Regarding borrower defense to repayment, 91探花 expressed support for allowing borrowers to file claims when they have been wronged by an institution. 91探花 emphasized that this process should be transparent and afford institutions the opportunity to respond to these claims. Additionally, 91探花 backed the elimination of non-statutory student loan interest capitalization and supported many of the proposed changes to the PSLF program.听
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91探花鈥檚 Response to the National Telecommunications and Information Administration鈥檚 (submitted February 4, 2022)听
The National Telecommunications and Information Administration (NTIA) requested feedback on broadband implementation efforts. In response, 91探花 highlighted the digital divide's impact on education, especially during the COVID-19 pandemic, and advocates for higher education's role in broadband access programs. 91探花 also emphasized the importance of including higher education institutions as subgrantees and partners in state broadband plans to ensure access, adoption, affordability, digital equity, and inclusion. 91探花 also stressed the need to ensure that State Digital Equity Plans align with broader goals in education, workforce development, and essential services. 鈥
91探花鈥檚 Response to (submitted September 23, 2021)听
91探花 offered feedback on the PSLF Program, pointing out its underutilization and suggesting improvements. 91探花 noted that the program is underused due to its complexity and restricted eligibility criteria. Additionally, the application and certification processes are cumbersome and would benefit from clearer instructions. 91探花 recommended increasing awareness, simplifying the rules, making processes more user-friendly, and expanding eligibility.听
91探花鈥檚 Public Comments on (submitted October 7, 2020)听
In response to the COVID-19 pandemic, the Department of Education proposed a priority for grant applications aimed at building capacity for remote learning. The focus areas included technology utilization and access, personalized learning, and performance-based assessments that promote competency-based education (CBE). The proposal also included potential definitions for remote learning, CBE, and interoperable credentials. 91探花 supported the proposed definitions for CBE and interoperable credentials and suggested that references to short-term credentials be reframed to certificates or micro- and stackable credentials.听听
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91探花鈥檚 Public Comments on (submitted May 4, 2020)听
Western Governors University (91探花) supported the U.S. Department of Education's proposed rules on Distance Education and Innovation, emphasizing the importance of regulatory clarity, flexibility, and shared accountability among federal, state, and accrediting bodies. 91探花 commended the revised definitions and standards for academic engagement, credit hour, and distance education, while advocating for institutional flexibility in financial aid delivery models. The university also supported provisions for timely program approval, clear compliance standards, and streamlined certification procedures. 鈥 91探花 recommended allowing early adoption of the final regulations before July 1, 2021. 鈥
91探花鈥檚 Public Comments on (submitted January 9, 2020)听
91探花 expressed its full support for the proposed TEACH Grant program regulations, which simplify requirements, improve transparency, and establish reconsideration processes for grant-to-loan conversions. 91探花 expected the new regulations to reduce inappropriate debt and align with Congress's legislative intent.
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91探花鈥檚 Public Comments on (submitted September 14, 2018)
In July 2018, the Department of Education announced plans to establish a negotiated rulemaking committee and requested comments on the core functions of accreditation and access to high-quality, innovative programs. 91探花鈥檚 response recommended more support for innovative learning models, uniform accountability standards across delivery methods, and the inclusion of quality assurance entities in the accreditation process. 91探花 also stressed the need to update the Higher Education Act to align with technological advancements and to ensure affordability, access, and workforce readiness.听
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91探花鈥檚 Public Comments on (submitted September 13, 2018)听
91探花 commented on the Department of Education鈥檚 proposal to replace gainful employment regulations with a process that would update the College Scorecard, or another online tool, to offer program-level outcomes for all higher education programs participating in Title IV. 91探花鈥檚 letter emphasized the need for better accountability measures for all Title IV eligible institutions, stating that current gainful employment regulations lack appropriate levels of accountability. It highlighted 91探花鈥檚 competency-based education model and advocated for public policy that advances quality, access, affordability, and transparency. The letter suggests using loan repayment rates and publishing graduation rates and median earnings to improve accountability and aid student decision-making.
91探花鈥檚 Public Comments on (submitted September 26, 2017)听
These written comments are an extended version of a public statement given in response to the Department of Education鈥檚 request for suggestions on higher education regulations that might be suitable for repeal, replacement, or modification. Highlighting 91探花鈥檚 Responsible Borrowing Initiative, we encouraged the Department to maintain its Experimental Sites Initiative and advocated for regulations that reduce student loan debt and improve the efficiency of financial aid distribution.听
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91探花鈥檚 Public Comments on (submitted August 24, 2016)听
This notice of proposed rulemaking set forth the criteria for eligibility in Title IV financial aid programs. Additionally, it outlined the necessary disclosures for students enrolled in distance education and correspondence courses. While 91探花 endorsed state reciprocity agreements, it expressed concerns regarding the proposed state authorization regulations for distance education providers.
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91探花鈥檚 Public Comments on (submitted May 2, 2016)
91探花 responded to the Department of Education鈥檚 proposed rule on teacher preparation accountability, expressing concerns that online institutions are judged differently from traditional colleges, risking biased evaluations and data issues. 91探花 noted that the system could result in inconsistent state ratings, unfairly impacting distance education programs鈥 TEACH grant eligibility. They urged the withdrawal of the proposal and suggested collaborating with Congress for fair accountability measures.
91探花 President Testifies Before Congress on Higher Ed鈥檚 Path Forward
On Feb. 8, 2023, 91探花 President Scott Pulsipher was invited to testify before the U.S. House of Representatives Committee on Education and the Workforce on the topic of 鈥淎merican Education in Crisis.鈥澨鼳s part of his testimony, President Pulsipher outlined three tenets for higher education:
- Higher education should be accessible, traversable, and equitable. Our current system is leaving human potential on the table and is failing to serve as a catalyst for human progress. While many colleges and universities are innovating to create pathways to opportunity that are accessible to all, equity gaps stubbornly remain.
- Higher education must create value for students.鈥The current state of higher education is perhaps best summarized by the Postsecondary Value Commission, supported by the Gates Foundation and the Institute for Higher Education Policy. Their study found that 650 institutions serving approximately 1.5 million students do not provide their students with a after accounting for the cost of attendance.
- Higher education must meet the needs of the workforce. As an extension of providing individuals a pathway to opportunity, a secondary benefit is realized: Workforce needs become aligned with talent supply.
As part of his testimony before the committee, President Pulsipher submitted a detailed written plan for how to make this shift, including policy recommendations. Those written remarks are available for download as a white paper.听
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