National Association of Schools of Art and Design
FEDERAL UPDATE: WORK OF THE AHEAD AND RISE NEGOTIATED RULEMAKING COMMITTEES
As part of NASAD’s continuing work to monitor and provide information regarding policy developments at the federal level, please see the information below regarding the ongoing negotiated rulemaking effort to clarify through regulation the implementation details of the higher education provisions found in Public Law No. 119-21 (P.L. 119-21) (referred to in previous NASAD federal updates as H.R.1.), signed into law on July 4, 2025.
Accountability in Higher Education and Access through Demand-Driven Workforce Pell (AHEAD) Committee
The AHEAD Committee began its work on Monday, December 8, 2025 and will meet daily through December 12 for its first Session, and from January 5–9, 2026 for its second Session. Those interested in attending these sessions either in person or virtually can register to do so here. The United States Department of Education (USDE) will update regularly the negotiated rulemaking page of its website with agendas, draft regulatory text, and information and proposals submitted by both the negotiators and the department for consideration throughout the duration of these meetings (expand the AHEAD heading to review this information). Among other things, a list of negotiators and alternates is available on the USDE website at this time, as is a preliminary agenda for Session 1 and initial drafts of amended regulatory text to be discussed by the Committee.
As a reminder, this Committee is primarily charged with negotiating the regulatory details of the 1) Workforce Pell, and 2) Programmatic Accountability measures found in P.L. 119-21. The AHEAD Committee will also re-negotiate the topic of financial value transparency and gainful employment. NASAD provided a closer look at the programmatic accountability measures on September 30, and recommends that institutions review that notice and the text of P.L. 119-21 regarding the accountability measures. Should institutions wish to provide information for consideration during these negotiated rulemaking sessions, this would best be done directly through the negotiators representing institutions.
According to the agenda published by USDE and confirmed in opening remarks made on Monday, December 8, Session 1 (December 8–12, 2025) will focus solely on Workforce Pell provisions, with a consensus vote on those provisions taken at the conclusion of Session 1. Session 2 (January 5–9, 2025) is expected to focus primarily on the Programmatic Accountability measures.
Reimagining and Improving Student Education (RISE) Committee
The RISE Committee concluded its work on Thursday, November 6th and reached consensus on a set of 16 regulatory provisions addressing various elements of P.L. 119-21 regarding federal student lending programs and repayment of student loans. Consensus is an important detail and means that USDE must use the agreed upon text in the proposed rule. Publication of the proposed rule in the Federal Register is the next step in the negotiated rulemaking process and is expected to occur in early 2026. The proposed rule will undergo a public comment period prior to the publication of a final rule. Institutions are encouraged to submit comments if information is in hand that might assist USDE in finalizing the rule.
The consensus text can be found on the USDE website (expand the RISE heading and scroll to the section labelled “Draft Consensus Language” to review this information). NASAD encourages institutions to review this language, particularly the negotiated definition of graduate and professional programs found at the link titled “685.102 Definitions” (pp. 1–2).
Next Steps
Although the RISE and AHEAD Committees are at different stages of their work (the RISE Committee having concluded negotiated rulemaking sessions with consensus reached, and the AHEAD Committee just beginning its sessions), the remaining procedural steps prior to publication of a final rule remain the same for both Committees. USDE will publish a proposed rule in the Federal Register including proposed regulatory text on the topics negotiated by each Committee. It is likely that two separate proposed rules will be published, one for each Committee. The proposed rule(s) will be accompanied by a public comment period(s), and the announcement of any proposed rule(s) will include instructions for submitting comment.
Subsequent to the publication of the proposed rule and the conclusion of the comment period, USDE will consider the comments received before publishing a final rule and its effective date. Those involved in the negotiated rulemaking process expect that the earliest any final rule resulting from the work of these Committees can reasonably be anticipated is March 2026.
The Higher Education Act of 1965, as amended (HEA) contains a provision commonly referred to as the “master calendar rule,” requiring that any final rule impacting Title IV student aid programs be published by November 1 of any given calendar year in order to be effective on July 1 of the following calendar year, with exceptions in certain limited circumstances. Keep in mind that P.L. 119-21 was signed into law on July 4, 2025 and specified that the changes to student loan programs are to be effective on July 1, 2026, a tight timeline under which to accomplish all steps of the negotiated rulemaking process and publish a final rule by November 1, 2025. To date, USDE has not published a proposed rule attached to the higher education provisions of P.L. 119-21.
USDE has previously stated, and reiterated during opening statements for Session 1 of the AHEAD Committee, that it is aiming to publish final rules with effective dates of July 1, 2026 in order to meet the statutory implementation deadline articulated in P.L. 119-21. It appears that USDE interprets the statutory implementation date as waiving the master calendar rule, which would allow the final rule to be published mere months before the effective date, shortening the time that institutions have to read, study, understand, and implement changes to comply with the new rule. If the master calendar rule is found to apply to the final rule(s), provisions would go into effect on July 1, 2027 provided that the final rule(s) is/are published by November 1, 2026.
NASAD will continue to monitor the ongoing negotiated rulemaking process and provide salient information when available. Institutions are encouraged to follow, and establish and advance, an informed understanding of developments in this area, and to provide input as deemed appropriate and necessary.
Resources
Should institutions wish to follow these efforts as they unfold, the following resources may prove to be useful:
P.L. 119-21 (The text of the law as signed by the President. Higher Education provisions can be found in Title VIII).
USDE Negotiated Rulemaking Webpage (USDE will update this page with information regarding the AHEAD Committee as their meetings continue).
NASAD Federal Update: Information Regarding the Accountability Measure in H.R.1. (9/30/25).
NASAD Federal Advisory: Higher Education Provisions in the 2025 Budget Reconciliation Bill (H.R.1.) (7/21/25).
The Federal Register (All proposed rules and final rules must be published by USDE in the Federal Register. Users may create a free account and set up email alerts to be notified when USDE publishes information).
Electronic Code of Federal Regulations (Contains current regulatory text. Higher Education regulations can be found under Title 34: Education).
Library of Congress Website (Contains information regarding all legislation introduced in Congress).
Should questions arise, please do not hesitate to reach out to staff in the NASAD National Office.
We extend our best wishes for a happy holiday season.
Thank you.