HIGHER EDUCATION
2006-07 Negotiated Rulemaking for Higher Education
ACG/National SMART Grants Team Organizational Protocols


I. Mission Statement

The U.S. Department of Education has established this negotiated rulemaking committee to develop proposed student financial assistance regulations pursuant to Sec. 492 of the Higher Education Act of 1965, as amended (HEA).

II. Participation

  1. The committee consists of the following members:

    Negotiator Alternate
    Gabriel Pendas
    United States Students Association
    Justin McMartin
    Minnesota State Colleges and Universities

    George Chin
    City University of New York

    Catherine Simoneaux
    Loyola University
    Thomas Babel
    DeVry, Incorporated
    Matthew Hamill
    National Association of College and University Business Officers
    Margaret Heisel
    University of California
    Katherine Haley Will
    Gettysburg College
    Cecilia Cunningham
    Middle College National Consortium
    Tim Martin
    University of Arkansas
    Lee Carrillo
    Central New Mexico Community College
    Pat Hurley
    Glendale Community College
    June Streckus
    Maryland Business Roundtable for Education
    Denise Hedrick
    Educational Collaborative
    Stanley Jones
    Indiana Commission for Higher Education
     
    Joan Wodiska
    National Governors Association
    Robin Gelinas
    Texas Education Agency
    Mary Beth Kelly
    Pennsylvania Higher Education Assistance Agency
     
    Linda France
    Kentucky Department of Education
    Wandra Polk
    North Carolina Department of Education
    Joe McTighe
    Council for American Private Education
    William Estrada
    Home School Legal Defense Association
    Elaine Copeland
    Clinton Junior College
     
    Bill Lucia
    Educational Testing Service
    Nancy Segal
    ACT
  2. The member will participate for the purpose of determining consensus. The first alternate will participate for the purpose of determining consensus in the absence of the member. Either the member or an alternate may speak during the negotiations.

  3. With approval by a consensus of the committee, individuals, including specialists, who are invited by a member, may participate in committee meetings as needed and appropriate, but are not members of the committee.

  4. The committee may add members. Requests for membership must be approved by a consensus of the committee under such conditions as the committee establishes at the time. New members may begin to participate immediately upon admission to membership.

III. Decision Making

The committee will operate by consensus, meaning that there must be no dissent by any member in order for the committee to be considered to have reached agreement. Thus, no member can be outvoted. Members should not block or withhold consensus unless they have serious reservations about the approach or solution that is proposed for consensus. Absence will be equivalent to not dissenting. All consensus agreements reached during the negotiations will be assumed to be tentative agreements until members of the committee reach final agreement on regulatory language. Once final consensus is achieved, committee members may not thereafter withdraw their consensus.

IV. Agreement

  1. The goal of the committee is to develop proposed regulations that reflect a final consensus of the committee. The Department will provide the preamble to the proposed regulations for review and comment prior to publication of the proposed regulations.

  2. If the committee reaches a final consensus on all issues, the Department will use this consensus-based language in its proposed regulations, and committee members will refrain from commenting negatively on the consensus-based regulatory language, except as provided in paragraph IV D.

  3. If the committee reaches a final consensus on some but not all issues, the Department will include the consensus-based language in its proposed regulations, and committee members will refrain from commenting negatively on the consensus-based language, except as provided in paragraph IV D.

  4. The Department will not alter the consensus-based language of its proposed regulations unless the Department reopens the negotiated rulemaking process or provides a written explanation to the committee members why it has decided to depart from that language. That written explanation will contain a detailed statement of the reasons for altering the consensus-based language and will be provided to the committee members sufficiently in advance of the publication of the proposed regulations so as to allow them a real opportunity to express their concerns to the Secretary. If the Department alters consensus-based language, it also will identify the changes made subsequent to consensus in the preamble to the proposed regulations, and committee members may comment positively or negatively on those changes and on other parts of the proposed regulations.

V. Committee Meetings

  1. The facilitator(s) will maintain a clear and reliable record of tentative and final agreements reached during the negotiation process, as well as discussions of preamble language. The draft meeting summaries will be provided to members, who will share them with coalition partners. After review and approval by the committee, this record will be made available to the public.

  2. The Department will make every effort to distribute materials to committee members in a timely fashion. To the extent practicable, the Department will provide members with documents for discussion at committee meetings at least seven days in advance of the meetings.

  3. A caucus for the purpose of consultation may be requested of the facilitator(s) at any time by any member.

  4. The facilitator(s) will be responsible for developing an agenda for all meetings of the committee. This agenda will be developed in consultation with the members of the committee.

  5. All committee meetings, but not caucuses, are open to the public.

VI. Safeguards for Members

  1. Any member may withdraw from the negotiations at any time without prejudice, by notifying the facilitator(s) in writing.

  2. All members shall act in good faith in all aspects of these negotiations.

  3. Contact with the press will generally be limited to discussion of the overall objectives and progress of the negotiations.

VII. Meeting Facilitation

  1. The facilitator(s) will serve at the discretion of the committee, and will be responsible for helping to ensure that the process runs smoothly, developing meeting agendas, preparing and distributing a record of agreements, and helping the parties resolve their differences and achieve consensus on the issues to be addressed by the committee.

  2. The facilitator(s) will be available to facilitate all meetings of the full committee and, to the extent possible, caucuses.

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Last Modified: 02/22/2007