Article (WCET Frontiers)
01.21.2026
Federal Regulations

What Week Two of AHEAD Rulemaking on Accountability Measures Means for Digital Learning

The new year began with the second and final week of The U.S. Department of Education’s (The Department) negotiated rulemaking for the Accountability in Higher Education and Access through Demand-driven Workforce Pell (AHEAD) Committee. Week two focused on program accountability measures that will address consequences for failing programs. Processes were developed to address a program’s failure to meet accountability metrics that will determine continued eligibility for Direct Loan participation as charged by the higher education provisions of the One Big Beautiful Bill Act Public Law 119-21 (OB3).  

During this second session, the committee reached consensus on a single, unified program-accountability test that will apply to all programs across every institutional sector. The consensus language also includes amendments to the currently effective Gainful Employment/Financial Value Transparency (GE/FVT) regulations to align (“harmonize”) them with this new accountability framework. As with week one of the rulemaking committee, OB3 specifically directs that the regulations become effective July 1, 2026, despite the fact that under the general statutorily directed master calendar structure regulations not final by November 1, 2025, would normally not go into effect until July 1, 2027. 

The new year began with the second and final week of The U.S. Department of Education’s (The Department) negotiated rulemaking for the Accountability in Higher Education and Access through Demand-driven Workforce Pell (AHEAD) Committee. Week two focused on program accountability measures that will address consequences for failing programs. Processes were developed to address a program’s failure to meet accountability metrics that will determine continued eligibility for Direct Loan participation as charged by the higher education provisions of the One Big Beautiful Bill Act Public Law 119-21 (OB3).  

During this second session, the committee reached consensus on a single, unified program-accountability test that will apply to all programs across every institutional sector. The consensus language also includes amendments to the currently effective Gainful Employment/Financial Value Transparency (GE/FVT) regulations to align (“harmonize”) them with this new accountability framework. As with week one of the rulemaking committee, OB3 specifically directs that the regulations become effective July 1, 2026, despite the fact that under the general statutorily directed master calendar structure regulations not final by November 1, 2025, would normally not go into effect until July 1, 2027. [..]

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