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President Biden Nominates USDE Assistant Secretary for Postsecondary Education

On March 18, President Biden nominated Dr. Nasser Paydar to be U.S. Department of Education’s (USDE) Assistant Secretary for Postsecondary Education, USDE’s senior position overseeing higher education. The nomination will need to be confirmed by the U.S. Senate.

Dr. Paydar has more than 35 years of higher education experience. He is Chancellor Emeritus of Indiana University – Purdue University Indiana (IUPUI) and also served as Executive Vice President of Indiana University. He has held a variety of faculty and university leadership positions, including serving as Chief Academic Officer for IUPUI, Vice Chancellor and Dean of Indiana University – Purdue University Columbus and Chancellor of Indiana University East.

Commenting on Dr. Paydar’s nomination, USDE Secretary Miguel Cardona said “I’m confident that Dr. Paydar will advance our efforts at the Department of Education and throughout the Biden-Harris administration to provide students of all ages, backgrounds, and abilities with more inclusive, affordable postsecondary learning opportunities, whether they be college degrees or career and technical programs.”

The U.S. Department of Education completed the third negotiating session of its second negotiated rulemaking without consensus on all of the issues on its agenda presented for discussion. Negotiated rulemaking is the process used by USDE for stakeholder representatives to meet with USDE to negotiate the terms of a proposed administrative rule or regulatory change.

Negotiators were representatives from a variety of stakeholders affected by the proposed rule changes. They agreed on the following proposals:

The 90/10 Rule

Ability to Benefit

The committee did not reach consensus on the following proposals:

Financial Responsibility

For-profit to non-profit conversions

Gainful Employment

Change in Ownership

Certification Procedures

Since there was no consensus USDE is free to draft the new regulations, using the input from the sessions, as it deems appropriate. In the past, USDE has tried to honor the agreements reached but is not bound to hold to those agreements. The Department will now draft a notice of proposed rulemaking which it will publish in the Federal Register inviting public comment. Following public comment. USDE will read the comments and draft a final rule, working to publish the final rule by November 1, 2022, so that it will take effect on July 1, 2023.

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