Advocacy Alert: MSCHE Encourages Institutions to Comment on USDE Proposed Title IX Rulemaking and Regulations to Expand and Improve Targeted Relief

As part of the Middle States Commission on Higher Education’s (MSCHE) strategic priority to promote advocacy initiatives for its members and others, we encourage institutions to submit feedback during the comment period for the proposed United States Department of Education (USDE) Title IX Rulemaking and Student Loan Discharge Regulation.

The United States Department of Education announced its plans to gather public input on its proposal to amend the regulations implementing Title IX of the Education Amendments of 1972 (Title IX) and proposed regulations regarding the major student loan discharge programs authorized by the Higher Education Act. The proposed Title IX Rulemaking was published on July 12, 2022, and will be open for public comment for 60 days. The proposed Student Loan Discharge Regulation was published on July 13, 2022, and will be open for public comment for 30 days.

The proposed regulations contain numerous substantive and procedural components that are likely to have a substantial impact on students and institutions. MSCHE encourages its institutions to provide their feedback on the opportunities that follow. All comments submitted will be considered by the United States Department of Education. Comments must be submitted via the Federal Rulemaking Portal at The Department will not accept comments submitted by fax or by email or those submitted after the comment period.

Title IX Proposed Rulemaking

The Federal Register Notice of Proposed Rulemaking Title IX of the Education Amendments of 1972 stated,

The purpose of the proposed regulations is to better align the Title IX regulatory requirements with Title IX’s nondiscrimination mandate…The Department recognizes that schools vary in size, student populations, and administrative structure. The proposed regulations would enable all schools to meet their obligations to comply fully with Title IX while providing them appropriate discretion and flexibility to account for these variations.

Additional Information: On June 15, 2021, MSCHE President Dr. Heather F. Perfetti provided feedback that urged the Department to establish a broad, more flexible framework to ensure the prompt review of allegations of sexual misconduct through a fair and impartial process that affords all parties appropriate due process and provides for equitable resolution: MSCHE Urges Flexibility in USDE Title IX Review.

Submitting Title IX Rulemaking Public Comments

Submit comments on the proposed Title IX Rulemaking before September 12, 2022, by clicking here.

Targeted Relief Proposed Regulations

The United States Department of Education stated,

The regulations propose to alleviate student loan debt burdens for borrowers whose schools closed or lied to them, who are totally and permanently disabled, and for public service workers who have met their commitments under the Public Service Loan Forgiveness (PSLF) program. The regulations also propose stopping many instances of interest capitalization, which occur when unpaid interest is added to a borrower’s principal balance, increasing the total amount they owe. Finally, the regulations propose to give borrowers their day in court if they have disputes with their colleges.

Additional Information: In 2021, Dr. Perfetti served as a primary negotiator representing accrediting agencies on the Affordability and Student Loans Committee for the negotiated rulemaking on higher education issues, and MSCHE supported efforts to strengthen institutional accountability and consumer protection and encouraged institutions to virtually attend the proceedings: MSCHE Provides Written Comments on USDE Intent to Establish Negotiated Rulemaking Committees and Virtual USDE Negotiated Rulemaking Process Update and Opportunities.

Submitting Targeted Relief Regulations Comments

Submit comments on the proposed Targeted Relief Regulations before August 12, 2022, by clicking here.