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Washington Update: Title IV Risk, Neg Reg, and the Midterms

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Student loan default and repayment rates have continued to be calculated through years of dormant collections, and some institutions could soon face single-year default rates high enough to threaten their Title IV eligibility. That risk is arriving alongside final OB3 rules, sweeping accreditation proposals from the AIM negotiated rulemaking, and midterm elections that will reshape every committee governing higher education.

In this Washington Update episode of the Changing Higher Ed® podcast, Dr. Drumm McNaughton speaks with Tom Netting, President of TEN Government Strategies. The conversation covers the federal regulatory and political changes that put institutional Title IV eligibility at risk and how the 2026 midterms could change them.

Netting has advocated before Congress, federal agencies, and state governments for more than 35 years on behalf of private institutions of higher education. He walks through the final OB3 rules on earnings accountability and graduate and professional loan limits, the AIM Neg Reg proposals on transfer of credit and accreditor independence, the diffusion of the Department of Education across other agencies, and the committee-by-committee stakes of the midterm elections.

This conversation is especially relevant for presidents, boards, provosts, and enrollment executives evaluating their institution's exposure to default rate penalties, accreditation changes, and the next round of negotiated rulemaking.

Topics Covered

  • Why default and repayment rates calculated during dormant collections threaten Title IV eligibility
  • The OB3 earnings accountability metric and the Department's push for early implementation
  • Litigation over graduate and professional loan limits and the exclusion of nursing
  • AIM negotiated rulemaking proposals on transfer of credit, outcomes assessment, legal compliance, and accreditor independence
  • How the midterm elections could reshape the Senate HELP, House Education and the Workforce, Veterans' Affairs, and Appropriations committees

Real-World Examples Discussed

  • Borrowers who enrolled in 2017 or 2018 and have not made a single loan payment heading into 2026
  • Nursing programs left off the professional degree list, triggering litigation that has halted enforcement of the loan limits for those programs
  • The House advancing ten bills to codify the Department of Education's dismantling while the Senate HELP Committee rejected the idea on a bipartisan basis

Three Key Takeaways for Higher Education Leadership

  1. Model your default and repayment rate exposure now, because no regulatory accommodation exists yet for rates calculated during years without collections.
  2. Review transfer credit policies and program-level outcomes, because accreditors will be responsible for enforcing both under the AIM proposals.
  3. Do not wait for the midterms to change the rules, because the Department plans post-election negotiated rulemaking on change of ownership, administrative capability, and financial responsibility regardless of the outcome.

Read the transcript: https://changinghighered.com/washington-update-title-iv-risk-midterms-neg-reg/

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