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States' role, designees and public lists of approved programs debated at DOE rulemaking

U.S. Department of Education Negotiated Rulemaking Committee · January 8, 2026
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Negotiators debated whether the regulation should require governors to designate a designee, how governors should involve state higher education agencies, and whether states can be required to publish program‑level lists; Department said it will encourage coordination but lacks statutory authority to mandate some actions and will explore data availability in Partner Connect.

Negotiators spent substantial time on the allocation of authority between governors and the Secretary and on transparency about which programs states approve.

The department explained why it removed a formal ‘‘designee’’ process from the regulatory text: its view is that governors should be able to use other agencies, but that the statute and Department of Labor…

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