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Research Article

Negotiated Rulemaking for U.S. Higher Education Regulatory Policy: A Process of Deliberative Democracy?

Author:

Rebecca Natow

Hofstra University, US
About Rebecca
Rebecca S. Natow is an assistant professor of educational leadership and policy at Hofstra University.
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Abstract

The rulemaking process through which higher education regulatory policy is created in the U.S. Department of Education has received critical attention in recent years. One concern is that this important policymaking process takes place in an agency of unelected officials, sometimes with the help of select interest groups. How, then, does this process maintain its democratic legitimacy? An important aspect of the process – known as negotiated rulemaking – may help to promote democratic legitimacy through open deliberations and broad stakeholder participation. Through the lens of deliberative democratic theory, this article draws on dozens of interviews and documentary data regarding a number of higher education regulations to analyze the ways in which negotiated rulemaking for U.S. higher education regulatory policy reflects (and does not reflect) aspects of deliberative democracy.

How to Cite: Natow, R. (2019). Negotiated Rulemaking for U.S. Higher Education Regulatory Policy: A Process of Deliberative Democracy?. Journal of Public Deliberation, 15(1), 9. DOI: http://doi.org/10.16997/jdd.320
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Published on 23 Apr 2019.
Peer Reviewed

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