Rescind the borrower defense, closed school, and PSLF regulations

Attempted

Printed page 332 11. Department of Education

“The new Administration must quickly commence negotiated rulemaking and propose that the department rescind these regulations.”

What has happened

Oct 31, 2025 Attempted
The rulemaking produced a final rule amending the PSLF regulations at 34 CFR 685.219 to exclude employers that engage in activities with a substantial illegal purpose. That narrows the 2022 rule rather than rescinding it; the regulation remains in force and Public Law 119-21 sec. 82004 extended PSLF credit to the new Repayment Assistance Plan.
- ED final rule: William D. Ford Federal Direct Loan (Direct Loan) Program (Public Service Loan Forgiveness employer eligibility)
  Primary Executive branch Oct 31, 2025
Apr 4, 2025 Attempted
ED announced its intent to hold public hearings and establish negotiated rulemaking committees on Title IV regulations, naming Public Service Loan Forgiveness among the topics - one of the three regulation sets this ask names, and the negotiated rulemaking the Quote asks the Department to commence. Borrower defense to repayment and closed school loan discharge were not on the agenda, and no proposal to rescind any of the three was put forward.
- ED notice: Intent To Receive Public Feedback for the Development of Proposed Regulations and Establish Negotiated Rulemaking Committee
  Primary Executive branch Apr 4, 2025

Research log

What was searched, and what didn’t count as evidence

Research notes

ED is currently adjudicating borrower defense claims under the 1994, 2016 and 2019 regulations (Federal Student Aid electronic announcement, 2026-03-30, https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2026-03-30/school-notification-process-under-1994-and-2016-borrower-defense-repayment-regulations-34-cfr-685206c-and-34-cfr-685222). The 2022 borrower defense and closed school rule was held unlawful in Career Colleges & Schools of Texas v. U.S. Department of Education before this window opened, so the court’s work cannot be Evidence here; it does mean the Department has had no reason to rescind what is not in force.
Negative search: the 2026 Unified Agenda’s ED list carries no borrower-defense or closed-school RIN; the Office of Postsecondary Education’s entries are SAVE rescission, accreditation, Clery, Section 117 foreign gifts, anti-competitive barriers and Title IV eligibility.

Action: rescind
Object: Student Assistance General Provisions, Perkins Loan, and Direct Loan final regulations on BDR, CSLD, and PSLF
ID: 832