Department of Education asks negotiators to submit regulatory proposals by Oct. 10, will use NPRM preamble for some clarifications

Tammy Abernathy, the Department’s federal negotiator, opened the session with process guidance and a firm deadline for written proposals. She told negotiators the department wants hypothetical scenarios in writing tied to specific regulatory language and asked that any proposed regulatory text or suggested changes be submitted by Oct. 10 so staff can evaluate them before the next meeting.

Abernathy said the department will sometimes address operational or implementation concerns in the NPRM preamble rather than in mandatory regulatory text when the statute does not require a binding rule. "It is October 10," she said when clarifying the submission deadline and asked parties to provide materials that make clear the problem in the department’s regulatory language.

Negotiators acknowledged submissions that had been sent earlier in the week; Abernathy said the department had received several proposals but would take back items that needed additional work, including one on the schedule of reductions. The session included multiple short caucuses and scheduling adjustments so negotiators could coordinate their positions.

The department said it is working closely with the Office of Management and Budget and the Office of General Counsel during drafting and does not expect wholesale policy changes during formal review, but it warned it cannot promise the review will not raise legal or technical issues. Abernathy invited negotiators to file written proposals describing their suggested mandatory text and supporting rationale by the Oct. 10 deadline so staff can prepare both regulatory text and explanatory preamble language in advance of the next session.