Understanding the Clery Act Rulemaking Process

For months, Clery Act practitioners have been waiting to learn whether the Department of Education (ED) would issue new regulations and/or guidance for the Clery Act, particularly regarding the amendments made by the Stop Campus Hazing Act (SCHA). 

In early July, that question was answered when the 2026 Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions for the U.S. Department of Education was released, signaling ED’s intent to begin negotiated rulemaking for the Clery Act in November 2026.

While this announcement marks an important milestone, it does not mean new regulations are taking effect anytime soon.

What does this mean?

The regulatory agenda includes a notice of intent to begin negotiated rulemaking "to address issues with the Jeanne Clery Campus Safety Act (Clery Act) related to campus safety and security reporting requirements, including the recent enactment of the Stop Campus Hazing Act (SCHA)." 

This means ED intends to begin developing regulations that will likely provide more structure on the implementation of the hazing requirements of the Clery Act. However, the scope is not limited just to the SCHA amendments. Because the agenda references campus safety and security reporting requirements more broadly,  ED could also propose changes to other areas of the Clery Act regulations.

What is negotiated rulemaking?

Negotiated rulemaking, often called "neg reg", is a process used by federal agencies, like the Department of Education, to develop regulations. 

Negotiated rulemaking begins with the agency (here: the Department of Education) convening a committee of interested parties which, for the Clery Act, may include representatives from colleges and universities, higher education professional organizations, advocacy organizations, subject matter experts (such as Clery Center), and others. The committee members negotiate on what the proposed rule should consist of, although complete agreement is not required. 

Even if full consensus isn’t reached, the discussions and information help inform ED’s draft regulations.

Once the negotiations conclude, the process continues by:

• ED publishing the proposed rule in the Federal Register
• The public is given an opportunity to submit comments
• ED reviews those comments and may revise the proposed regulations
• ED publishes a final rule and explains in the preamble how public comments were considered

Why is negotiated rulemaking used?

Unlike many other federal regulations, the Clery Act must go through negotiated rulemaking because it falls under Title IV of the Higher Education Act (HEA), which governs federal financial assistance programs. 

Section 492 of HEA also requires that the Secretary of Education must “obtain advice and recommendations” from affected parties prior to even starting the negotiated rulemaking process, often done through public hearings. 

This process is required in addition to the standard notice-and-comment rulemaking process required under the Administrative Procedures Act, which governs rulemaking by all federal agencies. 

What happens next?

While the exact timeline is unknown, the negotiated rulemaking process is typically lengthy. ED’s regulatory agenda indicates that the process is expected to begin in November 2026. 

A typical negotiated rulemaking process looks like this:

Step 1: ED announces the process

ED publishes a notice in the Federal Register announcing its intent to establish a negotiated rulemaking committee.

The notice includes:

• a proposed agenda and schedule;
• a request for comments on establishing the committee;
• instructions for submitting committee nominations or applications; and
• information about public hearings.

The application and public comment period must remain open for at least 30 days.

Step 2: The negotiated rulemaking committee meets

Committee members participate in one or more negotiation sessions to discuss and develop proposed regulatory language. 

The number of meetings and length of the process can vary depending on myriad factors, such as the complexity of the issues being considered and the priorities of the committee members.

Step 3: ED published proposed regulations

Following the negotiations, ED drafts a proposed rule, which can take anywhere from a few months to over a year, and publishes it in the Federal Register.

The public is then invited to submit comments during a period that typically lasts 30 to 60 days.

Step 4: ED issues a final rule

After reviewing public comments, ED may revise the proposal before publishing a final rule. 

The preamble to the final rule explains how comments were considered and why changes were or were not made.

This phase can also take several months to a year or longer, and the final rule does not become effective until a future implementation date established by ED, at least 30 days after publication.

Bottom line: While ED has signaled its intent to begin negotiated rulemaking this fall, the full process takes considerable time. Institutions should not expect new regulations to be issued, or become effective, overnight.

What does this mean for Clery Center?

Clery Center has long served as a trusted resource for institutions, legislators, and federal agencies during significant changes to the Clery Act, including serving as an alternate negotiator for the Violence Against Women Act (VAWA) amendments.  

During previous legislative and regulatory changes, including VAWA and more recently, the Stop Campus Hazing Act amendments to the Clery Act, Clery Center has provided technical expertise, educational resources, and practical guidance to both policymakers during the legislative process and institutions to help them understand and implement new requirements.

As ED begins this rulemaking process, Clery Center will continue to support the campus safety community by:

• sharing timely updates throughout the process;
• participating in any opportunities for engagement;
• providing subject matter expertise to lawmakers; and
• helping institutions understand what proposed regulatory changes could mean for Clery Act compliance and their campus communities.

Learn more about negotiated rulemaking:

• https://www.nasfaa.org/Negotiated_Rulemaking
• https://www.congress.gov/crs-product/R41546
• https://www.nasfaa.org/understanding_regulatory_process