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Federal agency shifts and new rulemaking could reshape accreditation, aid and program accountability
Summary
WCET and THECB members heard that the U.S. Department of Education has issued interagency agreements moving daily operations for major offices to other agencies; speakers warned this will affect accreditation, grant administration and negotiated rulemaking timelines for workforce Pell and program‑level accountability.
The Learning Technology Advisory Committee heard a federal update that could change how many higher‑education programs are regulated and funded. Van Davis, executive director of WCET, told members the Department of Education has released interagency agreements shifting daily operations of several offices — including the Office of Postsecondary Education — to other federal agencies.
"The Department of Ed yesterday released 6 interagency agreements with 4 agencies," Davis said. He explained that operational responsibilities for offices handling postsecondary programs will be divested in part to the Department of Labor, Interior, Health and Human Services and State, while core functions such as financial aid and the Office for Civil Rights will remain at ED.
Why it matters: the administrative handoff affects program approvals, accreditor recognition, and the timing of rulemaking. Davis flagged that accreditation oversight and several grant lines (including FIPSE and Perkins‑related activity) are implicated. He also noted an imminent December 2 deadline for the current round of FIPSE proposals, citing uncertainty over which agency will administer new awards.
Davis outlined two consequential negotiated‑rulemaking efforts tied to recent federal budget legislation. The first, known as RISE, reached consensus and will feed proposed regulations into the public‑comment process. The second — an "AHEAD" committee covering workforce Pell and programmatic accountability — must define what counts as short‑term workforce Pell and how program outcomes will be measured.
Under the proposed programmatic accountability language, Davis said, program‑level outcomes (not institutional totals) would be judged by earnings and placement metrics. "If a program fails those accountability tests 2 out of 3 consecutive years, it will lose eligibility for federal loans for at least 2 years," he said, distinguishing loan eligibility from Pell grants.
Davis cautioned that the timeline for negotiated rulemaking and subsequent public comment is tight. Workforce Pell, as defined in statute, is to take effect July 1, 2026; the department plans to meet that deadline but faces condensed windows for negotiating, public comment and response.
Accessibility rules: Davis also reminded institutions of looming DOJ Title II accessibility requirements tied to WCAG 2.1 AA, including PDF remediation and descriptive audio for videos, with an April 2026 compliance timeline for most entities (a limited subset of special government districts may have until April 2027). He urged institutions to work with legal counsel and to prepare for increased reporting and compliance workloads.
What comes next: Institutions should review the WCET policy tracker and watch for proposed regulations that will be published for public comment. Davis recommended public‑comment participation and urged internal planning for accreditation, grant administration and digital accessibility efforts.
The THECB staff will circulate links and a policy‑tracker resource mentioned during the briefing.
