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Department schedules caucus on transfer-of-credit rules as negotiators warn of statutory limits

U.S. Department of Education negotiated rulemaking session on accreditation · May 18, 2026
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Summary

The Department set a separate caucus to address transfer-of-credit language (sections 113–119); stakeholders asked the agency to respect Higher Education Act limits and to clarify legal parameters before drafting prescriptive policies.

Department staff announced a dedicated caucus on transfer-of-credit provisions after stakeholders raised statutory and practical concerns.

Jeff Andrade said transfer-of-credit issues (sections 113–119 in the draft) are significant and require focused constituency discussion. David Eubanks and others noted that the Higher Education Act constrains the Department’s ability to require particular transfer-credit policies and asked attorneys and rule writers to clarify the legal boundary for any regulatory language. "We read the statute as well," Andrade replied, saying the Department intends to target the application and results of institutions’ transfer decisions without prescribing particular institutional policies.

Negotiators did not resolve the language and planned to meet in constituency caucuses to develop proposals. Stakeholders representing institutions, accreditors, students and veterans will attend the caucus, which the Department said would continue through the end of the day and feed back to the larger table.