Negotiated Rulemaking for Higher Education 2021-22

This page provides information regarding the Department's negotiated rulemaking in 2021-2022 to make regulatory changes for the programs authorized by Title IV of the Higher Education Act of 1965, as amended. For more information about negotiated rulemaking in general, please see our question and answer page.

Federal Register Notices (official notices at www.federalregister.gov).

All proceedings held virtually and in Eastern time.

Public Hearing Information

Affordability and Student Loans Committee Meetings (virtual)

For more information click here

Committee Members PDF (193K)

Committee Member List - Revised (Coming Soon)

Committee Protocols PDF (191K)

Session times: 10:00 a.m. – 12:00 p.m. and 1:00 p.m. – 4:00 p.m. with a public comment period from approximately 3:30 p.m.– 4:00 p.m.

All committee meetings will be available for the public to view. We will post recordings and transcripts of the meetings on this site.

New Session 1: October 4 - 8, 2021

Materials distributed by the Department prior to session 1:

  • Total and Permanent Disability v. 1.0 PDF (245K)
  • Total and Permanent Disability Revised v.1.1 PDF (259K)
  • Closed School Discharge PDF (237K)
  • Eliminate Interest Capitalization PDF (325K)
  • Improving Public Student Loan Forgiveness (PSLF) Application Process PDF (151K) and Regulatory Text PDF (327)
  • PSLF Eligibility PDF (151K)
  • Borrower Defense (BD) Adjudication Process PDF (232K)
  • BD Post Adjudication PDF (142K)
  • BD Recovery From Institutions PDF (157K)
  • Predispute Arbitration PDF (200K)
  • Income Driven Repayment (IDR) Plan PDF (141K)
  • False Certification Discharge PDF (334K)

Materials distributed by the Department at Session 1:

  • Affordability and Student Loans Committee Agenda - Session 1 PDF (181K)
  • Closed School Discharge proposal PDF (308K)
  • Fact Sheet: Public Service Loan Forgiveness (PSLF) Program Overhaul PDF (119K)
  • Public Service Loan Forgiveness Program Press Release PDF (94K)
  • Pell for Prison Education Programs PDF (302K)
  • Unified Agenda item on Debt Collection Practices

Materials distributed by Negotiators/Advisors during session 1:

  • Closed school discharge data (supplied by Rajeev Darolia, Advisor) PDF (313)
  • DCEH Administrator Third Report (supplied by Persis Yu) PDF (686K)
  • Proposed Closed School Discharge Eligibility Date Language (supplied by Joseph Sanders) PDF (72K)
  • Poverty Guidelines 2021 (supplied by Rajeev Darolia, Advisor) PDF (125K)
  • Various Poverty Figures (supplied by Rajeev Darolia, Advisor) PDF (468K)
  • ITT letter (supplied by Justin Hauschild) PDF (2.91K)
  • Final Default proposal Memorandum (submitted by multiple negotiators) PDF (106K)
  • Additional IDR presentation (supplied by Rajeev Darolia, Advisor) PDF (207K)
  • Links shared via Zoom Chat PDF (152K)

Meeting Summary: (prepared by the facilitators) PDF (142K)

Session 2:  November 1 - 5, 2021

Materials distributed by the Department prior to session 2:

  • Agenda 2021 Negotiated Rulemaking - Session 2 PDF (309K)
  • Total Permanent Disability v.2.0 PDF (222K)
  • Closed School Discharge v.2.0 PDF (222K)
  • Eliminate Interest Capitalization v.2.0 PDF (201K)
  • Public Service Loan Forgiveness v.2.0 PDF (273K)
  • Borrower Defense Proposals with Citations v.2.0 PDF (201K)
  • Borrower Defense to Repayment v.2.0 PDF (268K)
  • Borrower Defense Subpart F v.2.0 PDF (252K)
  • Predispute Arbitration v.2.0 PDF (173K)
  • Income Driven Repayment (IDR) Plan v.2.0 PDF (244K)
  • False Certification Discharge v.2.0 PDF (241K)
  • Prison Education Programs Amendatory Text v.2.0 PDF (265K)

Materials distributed by Negotiators/Advisors prior to session 2:

  • Closed School Discharge proposal (submitted by Persis Yu and Joshua Rovenger) PDF (115K)
  • False Certification proposal (submitted by Persis Yu and Joshua Rovenger) PDF (116K)
  • Borrower Defense proposal (submitted by Persis Yu and Joshua Rovenger) PDF (115K)
  • Default and IDR proposal (submitted by Persis Yu and Joshua Rovenger) PDF (90K)
  • Income-contingent repayment plans proposal (submitted by Persis Yu and Joshua Rovenger) PDF (252K)
  • Miscellaneous repayment provisions proposal (submitted by Persis Yu and Joshua Rovenger) PDF (173K)
  • Aggressive Recruitment Definition proposal (submitted by Daniel Barkowitz, Jessica Barry and Carol Colvin) PDF (92K)
  • Closed School Discharge Definition proposal (submitted by Daniel Barkowitz, Heather Perfetti, Jessica Barry and Carol Colvin) PDF (93K)
  • PSLF Regulation proposal (submitted by Heather Jarvis) PDF (75K)

Materials distributed by Negotiators/Advisors/Subcommittee members during session 2:

  • Prison Education Program Report-Out for Session 2 (submitted from Subcommittee) PDF (104K)
  • TPD Lookback proposal (submitted by Daniel Barkowitz) PDF (71K)
  • Interest Capitalization presentation (submitted by Raj Darolia, Advisor) PDF (341K)
  • Closed School Discharge proposal (submitted by Michaela Martin and Dixie Samaniego) PDF (232K)
  • IDR proposal (submitted by Persis Yu and Joshua Rovenger) PDF (121K)
  • PSLF proposal (submitted by Bobby Ayala) PDF (47K)
  • PSLF suggestions (submitted by Marjorie Dorimé-Williams) (Coming Soon)
  • Aggressive Recruitment with Citations (submitted by Joe Sanders and Eric Apar)  PDF (104K)
  • Closed School Discharge (submitted by Raj Darolia, Advisor) PDF (569K)
  • Proposed Regulatory Text Closed School Student Reenrollment (submitted by Marjorie Dorimé-Williams, Bobby Ayala and Rachelle Feldman) PDF (133K)
  • Part Time Faculty Background (submitted by Jeri O’Bryan-Losee) PDF (99K)
  • Race, Racism, and Student Loans (submitted by Raj Darolia, Advisor) PDF (173K)
  • The Importance of “Choice Architecture” for Student Loan Repayment Decisions & Outcomes (submitted by Raj Darolia) PDF (187K)
  • Pew Letter-IDR (submitted by Raj Darolia) PDF (358K)
  • IDR presentation (submitted by Raj Darolia) PDF (750K)
  • Married Borrower memo (submitted by Peris Yu) PDF (71K)
  • Links shared via Zoom Chat (Coming Soon)

Meeting Summary: (prepared by the facilitators) (Coming Soon)

Session 3:  December 6 - 10, 2021

New Register: here

Public comment: At the end of each day (with the exception of the last day) that the committee meets, we will reserve time for public comment. To request time to comment, please send the name of the speaker, as well as the name of the organization, if applicable, to negreghearing@ed.gov no later than 12:00 p.m. Eastern time on the day of the meeting. We will provide information to commenters on how and when to log in to the meeting as a speaker. We will accommodate as many requests as possible.

New Materials distributed by the Department prior to session 3:

  • (Coming Soon)
New Materials distributed by the negotiators prior to session 3:
  • Borrower Defense Individual Process proposal (submitted by Persis Yu and Joshua Rovenger) PDF (83K)
  • IDR proposal: Structure of Forgiveness and Discretionary Income Threshold (submitted by Persis Yu and Joshua Rovenger) PDF (122K)
  • Total and Permanent Disability Discharge proposal (submitted by Bethany Lilly and John Whitelaw) (Coming Soon)
  • Proposed Regulatory Text with Edits for Issue Paper #10: Income-driven Repayment Plans (submitted by Persis Yu and Joshua Rovenger) PDF (285)
  • Borrower Defense to Repayment Language: Additional Aggressive Recruitment Categories (submitted by Justin Hauschild and Emily DeVito PDF (76K)
  • Borrower Defense Group Process Proposals (submitted by Persis Yu and Joshua Rovenger) PDF (105K)
  • Proposed False Certification Text: Unauthorized Loan (submitted by Justin Hauschild and Emily DeVito PDF (202K)
  • False Certification Proposals: Disqualifying Status and Group Process (submitted by Persis Yu and Joshua Rovenger) (Coming Soon)

Pell Grants for Prison Education Programs (PEP) Subcommittee (virtual)

Subcommittee Members PDF (197K)

Subcommittee Member List - Revised PDF (115K)

Subcommittee meeting times: 10:00 a.m. - 12:00 p.m. and 1:00 p.m. - 3:00 p.m.

Meetings will be available for public viewing. You will register once for attendance for all days, all sessions. We will post recordings and transcripts of the meetings on this site

 New Session 1: October 18 - 20, 2021

Materials distributed by the Department at Session 1:
  • Amendatory Text PDF (308K)
  • Revised Amendatory Text with Negotiator Feedback PDF (385K)
  • Schools with Incarcerated Student Waiver PDF (89K)
  • Prison Education Programs Subcommittee Outcomes Metrics PDF (96K)
Materials distributed by the Subcommittee members during Session 1: New Materials distributed by the Department prior to Session 2:
  • Prison Education Programs Statutory Text PDF (68K)
  • Schools Participating in the Experimental Sites Initiative PDF (288K)
New Materials distributed by the Subcommittee members prior to Session 2: New Materials distributed by the Department at Session 2:
  • PEP Amendatory Text v. 2.0. (Coming Soon)
  • Prison Education Program Report-Out for Session 2 PDF (104K)
  • Pell Lifetime Eligibility Examples (Coming Soon)
  • PEP Amendatory Text v. 3.0 PDF (363K)
  • PEP Amendatory Text v. 4.0 PDF (437K)
New Materials distributed by the Subcommittee members during Session 2:
  • PEP Suggested Text Additions (submitted by Kim Cary) (Coming Soon)
  • Waiver Amendatory Language (submitted by Belinda Wheeler) (Coming Soon)
  • PEP Amendatory Language Additions (submitted by Belinda Wheeler) (Coming Soon)
  • Updated PEP Amendatory Language Additions (submitted by Stan Andrisse) (Coming Soon)
  • Tennessee Higher Education in Prison Initiative Feedback (submitted by Belinda Wheeler) PDF (109K)
Session 2: November 8 - 10, 2021
  • November 8, 2021 - 10:00 a.m. to 12:00 p.m.
    Transcript: (Coming Soon
    Recording: (Coming Soon)

  • November 8, 2021 - 1:00 p.m. to 3:00 p.m.
    Transcript: (Coming Soon)
    Recording: (Coming Soon)

  • November 9, 2021 - 10:00 a.m. to 12:00 p.m.
    Transcript: (Coming Soon)
    Recording: (Coming Soon)

  • November 9, 2021 - 1:00 p.m. to 3:00 p.m.
    Transcript: (Coming Soon)
    Recording: (Coming Soon)

  • November 10, 2021 - 10:00 a.m. to 12:00 p.m.
    Transcript: (Coming Soon)
    Recording: (Coming Soon)

  • November 10, 2021 - 1:00 p.m. to 3:00 p.m.
    Transcript: (Coming Soon)
    Recording: (Coming Soon)



   
Last Modified: 11/19/2021