Negotiated Rulemaking for Higher Education 2021-22


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General Information

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).


Affordability and Student Loans Committee Meetings (virtual)

For more information click here

Committee Members List: PDF (193K) | Revised PDF (234K)

Committee Protocols PDF (191K)

Click on the session for transcripts, recordings, and materials of the meeting.

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)

 

Materials distributed by the Department prior to session 2:
  • Agenda 2021 Negotiated Rulemaking - Session 2 PDF (309K)
  • Total and 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 PDF (166K)

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

 

Materials distributed by the Department prior to session 3:
  • Agenda PDF (176K)
  • Total and Permanent Disability v.3.0 PDF (378K)
  • Closed School Discharge v.3.0 PDF (377K)
  • Eliminate Interest Capitalization v.3.0 PDF (196K)
  • Public Service Loan Forgiveness v.3.0 PDF (350K)
  • Borrower Defense Proposals with Citations v.3.0 PDF (159K)
  • Borrower Defense to Repayment v.3.0 PDF (404K)
  • Borrower Defense Subpart F v.3.0 PDF (253K)
  • Predispute Arbitration v.3.0 PDF (190K)
  • Income Driven Repayment (IDR) Plan v.3.0 PDF (288K)
  • False Certification Discharge v.3.0 PDF (391K)
  • Prison Education Programs Amendatory Text v.5.0 PDF (396K)
  • 2019-20 student loan data trends
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) PDF (312K)
  • 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) PDF (100K)
  • IDR simplification proposal (submitted by Jaye O’Connell and Will Shaffner) PDF (141K)
  • PSLF proposal (submitted by Advisor Heather Jarvis on behalf of non-federal negotiators) PDF (160K)
  • Loan Forgiveness proposal (submitted by Michaela Martin) PDF (257K)
  • IDR and PSLF Forbearance (submitted by Joe Sanders and Eric Apar) PDF (159K)
  • Definition of Omissions (submitted by Joe Sanders) PDF (197K)
Materials distributed by the Department during session 3:
  • Eliminate Interest Capitalization Revised Issue Paper v. 3.1 PDF (207K)
  • Closed School Discharge chart PDF (142K)
Materials distributed by the Negotiators during session 3:
  • Spousal loan statement (submitted by Jeri O’Bryan-Losee PDF (60K)
  • Settlement and Compromise Authority memo (submitted by Joshua Rovenger) PDF (199K)
  • Letter to the Committee on Compromise & Modification Authority (submitted by David Tanberg ) PDF (146K)
  • Utility Bill Affordability in Colorado (submitted by Persis Yuc) PDF (1.69K)
  • Pre-filed Testimony of John Howat (submitted by Persis Yu) PDF (1.09K)
  • Cancellation Timeframes (submitted by Persis Yu) PDF (673K)
  • Public Service Loan Forgiveness and the Care Economy (submitted by Daniel Barkowitz) PDF (1.12K)
  • Released from the Debt Trap: Reforming IDR Report (submitted by Daniel Barkowitz) PDF (201K)
  • PEP Amendatory Language (submitted by Daniel Barkowitz) PDF (100K)

  • PEP Amendatory Language (submitted by Heather Perfetti) PDF (357K)

Draft Consensus Language from December 10, 2021. Note that the language in the Notice of Proposed Rulemaking may differ slightly due to technical corrections and formatting:

  • Prison Education Programs: PDF (318K)
  • False Certification: PDF (717K)
  • Total and Permanent Disability: PDF (384K)
  • Interest Capitalization: PDF (196K)

Meeting Summary: (prepared by the facilitators): PDF (231K)

 


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

Subcommittee Members List: PDF (197K) | Revised PDF (120K)

Click on the session for transcripts, recordings, and materials of the meeting.

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:
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)
Materials distributed by the Subcommittee members prior to Session 2: Materials distributed by the Department at Session 2:
  • PEP Amendatory Text v. 2.0. PDF (421K)
  • Prison Education Program Report-Out for Session 2 PDF (104K)
  • Pell Lifetime Eligibility Examples PDF (101K)
  • PEP Amendatory Text v. 3.0 PDF (363K)
  • PEP Amendatory Text v. 4.0 PDF (509K)
Materials distributed by the Subcommittee members during Session 2:
  • PEP Suggested Text Additions (submitted by Kim Cary) PDF (93K)
  • Waiver Amendatory Language (submitted by Belinda Wheeler) PDF (201K)
  • PEP Amendatory Language Additions (submitted by Belinda Wheeler) PDF (453K)
  • Tennessee Higher Education in Prison Initiative Feedback (submitted by Belinda Wheeler) PDF (109K)

Materials distributed by the Department following Session 2:

  • Prison Education Programs Amendatory Text v.5.0 PDF (396K)

Materials distributed by the Subcommittee members following Session 2:

  • Pell Memo (Submitted by Terrell Bount) PDF (452K)
  • Neg Reg Subcommittee Report Out Comprehensive (submitted by non-federal negotiators) PDF (447K)
  • Neg Reg Subcommittee Report Out Summary (submitted by non-federal negotiators) PDF (274K)

 

Institutional and Programmatic Eligibility Committee (virtual)

For more information click here

Committee Members List: PDF (225K) | Revised: PDF (301K) | Revised: PDF (306K)

Committee Protocols MS Word (191K)

New Register: Here.

Click on the session for transcripts, recordings, and materials of the meeting.

Session times: 10:00 a.m. to 12:30 p.m. and 1:00 p.m. to 4:30 p.m. with a public comment period from approximately 4:00 p.m. to 4:30 p.m. (Eastern time).

(Coming Soon)

New Materials distributed by the Department prior to session 1:

  • Agenda: PDF (175K)
  • Ability to Benefit: PDF (236K)
  • Administrative Capability: PDF (202K)
  • Gainful Employment: PDF (144K)
  • Financial Responsibility: PDF (345K)
  • Changes in Ownership: PDF (318K)
  • Certification Procedures: PDF (282K)
  • 90/10: PDF (273K)

New Materials distributed by the Department during session 1:

  • Ability to Benefit Revised v 1.1: PDF (283K)
  • Regulatory text regarding from Affordability and Student Loans Committee negotiated rulemaking session 3 (2021) - 1) aggressive recruitment: PDF (159K) 2) misrepresentation: PDF (253K)


New Materials distributed by the negotiators/advisors during session 1:

  • Gainful Employment Revisions (submitted by Adam Welle and Yael Shavit): PDF (26K)

 

Session times: 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m. with a public comment period from approximately 4:00 p.m. to 4:30 p.m. (Eastern time).

(Coming Soon)
(Coming Soon)
Session times: 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m. with a public comment period from approximately 4:00 p.m. to 4:30 p.m. (Eastern time).
(Coming Soon)

(Coming Soon)

Public comment: At the end of each day, the committee 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.



   
Last Modified: 01/20/2022