Laws & Guidance HIGHER EDUCATION
Borrower Defense and Financial Responsibility

This Web page contains information about our rulemaking efforts on borrower defenses and financial responsibility. For more information about our negotiated rulemaking efforts in 2017-2018, including related Federal Register notices and transcripts from our public hearings, please see our general information page

For more information about negotiated rulemaking in general, please see our question and answer page.

Committee Meeting Information

All sessions will run from 9:00 a.m. to 5:00 p.m., unless otherwise indicated.

Committee meetings are open to the public.

Committee Members List of negotiators MS Word (47K)

Session 1: November 13-15, 2017

    The Holiday Inn Washington Capitol
    550 C Street, SW
    Congressional II Room
    Washington, DC 20024

Session 2: January 8-11, 2018

    The U.S. Department of Education
    Union Center Plaza (UCP) Learning Center
    830 First Street NE., Lobby Level
    Washington, DC 20002

Session 3: February 12-15, 2017

    The U.S. Department of Education
    Barnard Auditorium
    400 Maryland Ave., SW
    Washington, DC 20202

Session 1

Meeting Summary, as accepted: PDF (372 K)

Transcripts and Audio Recordings of Negotiation Session 1:

  • Monday, November 13, 2017 - unavailable
  • Tuesday, November 14, 2017:
    • Transcript PDF (644K)
    • Audio Recording coming soon
  • Wednesday, November 15, 2017:
    • Transcript PDF (536K)
    • Audio Recording coming soon

Materials that the Department provided to the negotiating committee prior to Session 1:

  • Agenda: MS Word (17K)
  • Protocols (accepted): MS Word (55K)
  • Issue Paper #1 – Federal Standard: MS Word (34K)
  • Issue Paper #2 – Process: MS Word (31K)
  • Issue Paper #3 – Financial Responsibility and Adminstrative Capability: MS Word (31K)
  • Issue Paper #4 – Pre-dispute Arbitration Agreements, Class Action Waivers, and Internal Dispute Processes: MS Word (32K)
  • Issue Paper #5 - Closed School Discharge: MS Word (31K)
  • Issue Paper #6 – False Certification Discharge: MS Word (31K)
  • Issue Paper #7 – Guaranty Agency Collection Fees: MS Word (31K)
  • Issue Paper #8 – Subsidized Usage Period Recalculation: MS Word (32K)
  • Financial Responsibility Subcommittee Issue Paper #1 – Financial Statements: MS Word (36K)
  • Financial Responsibility Subcommittee Issue Paper #2 – Leases: MS Word (32K)

Materials handed out during session 1 by the committee:

  • Written Comment: Distance Education Accrediting Commission, Submitted by: Walter Ochinko, Policy Director, Veterans Education Success and William Hubbard, VP for Government Affairs, Student Veterans of America: MS Word (32K)
  • State Attorneys General and Federal Agency Settlements with Schools, Submitted by: Walter Ochinko, Policy Director, Veterans Education Success and William Hubbard, VP for Government Affairs, Student Veterans of America: MS Word (24K)
  • Issue Paper #1 – Comments, Prepared and distributed by Legal Assistance Organizations: MS Word (218K)
  • Comments on Notice of Intent to Establish Negotiated Rulemaking Committees, (originally submitted through regulations.gov), Docket ID ED–2017–OPE–0076, submitted by Kimberly Brown: MS Word (31K)
  • Comment on Notice of Proposed Rulemaking, Borrower Defense to Repayment Regulations (originally submitted through regulations.gov), Docket ID ED-2015-OPE-0103, submitted by Kimberly Brown: MS Word (350K)
  • ITT Letter to Complainant, Submitted by Walter Ochinko: MS Word (204K)
  • Section on Recruiting from 2012 Senate HELP Report on For-Profit Schools, Submitted by Walter Ochinko

Session 2

Meeting Summary, as accepted: PDF (245K)

Transcripts and Audio Recordings of Negotiation Session 2:

  • Monday, January 8, 2018:
    • Transcript MS Word (171K)
    • Audio Recording coming soon
  • Tuesday, January 9, 2018:
    • Transcript MS Word (162K)
    • Audio Recording coming soon
    • Audio Recording coming soon
  • Wednesday, January 10, 2018:
    • Transcript MS Word (167K)
    • Audio Recording coming soon
  • Thursday, January 11, 2018:
    • Transcript MS Word (176K)
    • Audio Recording coming soon

Materials that the Department provided to the negotiating committee prior to Session 2:

  • Agenda: MS Word (36K)
  • Issue Paper #1 – Federal Standard: MS Word (44K)
  • Issue Paper #2 – Process: MS Word (55K)
  • Issue Paper #3 – Financial Responsibility and Administrative Capability: MS Word (38K)
  • Issue Paper #4 – Pre-dispute Arbitration Agreements, Class Action Waivers, and Internal Dispute Processes: MS Word (41K)
  • Issue Paper #5 - Closed School Discharge: MS Word (47K)
  • Issue Paper #6 – False Certification: MS Word (42K)
  • Issue Paper #7 – Guaranty Agency Collection Fees: MS Word (37K)
  • Issue Paper #8 – Subsidized Usage Period Recalculation: MS Word (28K)

Materials handed out during Session 2 by the Department:

  • James Manning's Opening Remarks, 1/8/18: MS Word (26K)
  • Report from Financial Subcommittee, submitted 1/8/18: PDF (570K)
  • Borrower Defense Claims Data Analysis, 1/11/18: MS Word (158K)
  • Data Sheet A: MS Word (22K)
  • Data Sheet B: MS Word (21K)
  • Data Sheet C: MS Word (23K)
  • Data Sheet D: MS Word (30K)
  • Data Sheet E: MS Word (23K)
  • Data Sheet F: MS Word (34K)
  • Department of Justice Brief on Arbitration: PDF (345K)

Materials handed out during Session 2 by the Committee:

  • Attestation for Certain Heald College Students, submitted by Chris DeLuca, 1/8/18: PDF (58K)
  • Proposed Language, submitted by Alyssa Dobson, 1/9/18: MS Word (13K)
  • Article II Early Complaint Resolution and Rapid Resolution Process, submitted by Chris DeLuca, 1/10/18: PDF (100K)
  • Issue Paper 2 Revisions, submitted by Chris DeLuca, 1/10/18: MS Word (55K)
  • Issue Paper 1 comments, submitted by students, consumer, legal aid and veteran committee members, 1/11/18: PDF (142K)
  • Email on SEC language, submitted by Linda Rawles, 1/11/18: MS Word (14K)
  • Issue Paper 7 comments, submitted by Jaye O'Connell, 1/11/18: MS Word (41K)

Session 3

Meeting Summary: MS Word (23K)

Transcripts and Audio Recordings of Negotiation Session 3:

  • Monday, February 12, 2018:
    • Transcript PDF (891K)
    • Audio Recording coming soon
  • Tuesday, February 13, 2018:
    • Transcript PDF (797K)
    • Audio Recording coming soon
  • Wednesday, February 14, 2018:
    • Transcript PDF (759K)
    • Audio Recording coming soon
  • Thursday, February 15, 2018:
    • Transcript PDF (712K)
    • Audio Recording coming soon

Materials that the Department provided to the negotiating committee prior to Session 3:

  • Agenda: PDF (202K)
  • Issue Paper #1 – Federal Standard: PDF (307K)
  • Issue Paper #2 – Process: PDF(336K)
  • Issue Paper #3 – Financial Responsibility and Administrative Capability: PDF (405K)
    • Appendix A - Proprietary Schools: PDF (227K)
    • Appendix B - Non-Profit Schools: PDF (402K)
    • Appendix B - Examples: PDF (235K)
  • Issue Paper #4 – Pre-dispute Arbitration Agreements, Class Action Waivers, and Internal Dispute Processes: PDF (335K)
  • Issue Paper #5 - Closed School Discharge: PDF (292K)
  • Issue Paper #6 – False Certification: PDF (274K)
  • Issue Paper #7 – Guaranty Agency Collection Fees: PDF (276K)
  • Issue Paper #8 – Subsidized Usage Period Recalculation: PDF (270K)

Materials handed out during Session 3 by the Department:

  • Issue Paper 1 final draft, clean: MS Word (37K)
  • Issue Paper 1 final draft, red lined: MS Word (48K)
  • Issue Paper 2 final draft, clean: MS Word (49K)
  • Issue Paper 2 final draft, red lined: MS Word (52K)
  • VCR Langauge: MS Word (24K)

Materials handed out during Session 3 by the Committee:

  • List of Concerns: PDF (14K)


   
Last Modified: 03/27/2018