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) | 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)
  • IDR Proposal redline (submitted by Persis Yu and Joshua Rovenger) PDF (363K)
  • 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) Revised PDF (412K)
  • 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)

*The Department of Education strives to make all content accessible to everyone. While this document does not currently meet the standards of Section 508 of the Rehabilitation Act of 1973, as amended, an accessible version is forthcoming. If you would like to receive notification when the accessible version is available, please contact the Department's Information​ Technology Accessibility Program Manager Denise McGland at Denise.McGland@ed.gov*

 

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) | Revised: PDF (391K)

Committee Protocols MS Word (191K)

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 3:30 p.m. to 4:00 p.m. (Eastern time).

 

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)

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)


Materials distributed by the negotiators/advisors during session 1:

  • Gainful Employment Revisions (submitted by Adam Welle and Yael Shavit): PDF (26K)
  • Administrative Capability Revision (submitted by Laura Rasar King): PDF (60K)
  • Links shared via Zoom Chat: PDF (151K)
  • Certification Procedure Revision (submitted by Laura Rasar King and Jamie Studley): PDF (89K)

Meeting Summary: (prepared by the facilitators) PDF (246K)

Session times: 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. with a public comment period from approximately 3:30 p.m. to 4:00 p.m. on each day except the last day of this session (Eastern time).

 

Materials distributed by the negotiators/advisors prior to session 2:

  • Ability to Benefit Proposal (submitted by Anne Kress and Will Durden) PDF (337K)
  • Ability to Benefit State Plan Proposal (submitted by Anne Kress and Will Durden) PDF (144K)
  • Certification Procedures Proposal (submitted by Samantha Veeder and David Peterson) PDF (69K)
  • Changes in Ownership Proposal (submitted by Barmak Nassirian) PDF (524K)
  • Administrative Capability Proposal (submitted by Barmak Nassirian) PDF (343K)
  • 90/10 Proposal (submitted by Barmak Nassirian) PDF (305K)
  • Certification Procedures Proposal (submitted by Barmak Nassirian) PDF (533K)
  • Financial Responsibility Proposal (submitted by Barmak Nassirian) PDF (937K)
  • Ability to Benefit Proposal (submitted by David Socolow) PDF (220K)
  • Administrative Capability Proposal (submitted by Amanda Martinez) PDF (160K)
  • Certification Procedures Proposal (submitted by Carolyn Fast & Jaylon Herbin, Yael Shavit & Adam Welle and Deborah Cochrane) PDF (180K)
  • Financial Responsibility Proposal (submitted by Carolyn Fast & Jaylon Herbin, Yael Shavit & Adam Welle and Deborah Cochrane) PDF (209K)
  • 90/10 Proposal (submitted by Brad Adams) PDF (217K)
  • Certification Proposal (submitted by Brad Adams) PDF (364K)
  • Changes in Ownership Proposal (submitted by Brad Adams) PDF* (307K)
  • Financial Responsibility (submitted by Brad Adams) PDF (474K)
  • Administrative Capability (submitted by Brad Adams) PDF (218K)
  • Regulating Transcripts Memo (submitted by Johnson Tyler) PDF (318K)
  • 90/10 Proposal (submitted by Yael Shavit & Adam Welle) PDF (140K)
  • Administrative Capability (submitted by Debbie Cocoran) PDF (114K)
  • Change of Ownership and Control (submitted by Carolyn Fast, Jaylon Herbin, Adam Welle, and Yael Shavit ) PDF (144K)
  • Financial Responsibility Proposal (submitted by Kelli Perry) PDF* (70K)
  • Ability to Benefit Proposal (submitted by Jessica Ranucci and Johnson Tyler) PDF* (1.75K)
  • 90/10 Proposal (submitted by Jaylon Herbin) PDF* (265K)

Materials distributed by the Department prior to session 2:

  • Session 2 Agenda: PDF (173K)
  • Ability to Benefit v 2.0: PDF (272K)
  • Administrative Capability v 2.0: PDF (188K)
  • Gainful Employment v 2.0: PDF (319K)
  • Financial Responsibility v 2.0: PDF (353K)
  • Changes in Ownership v 2.0: PDF (289K)
  • Certification Procedures v 2.0: PDF (273K)
  • 90/10 v 2.0: PDF (257K)

Materials distributed by the Department during to session 2:

  • Analysis of the Coverage of GE Metrics: PDF* (231K)
  • Analysis of the Effect of Capping: PDF* (164K)

Materials distributed by the negotiators/advisors during to session 2:

Meeting Summary: (prepared by the facilitators) PDF (197K)

*The Department of Education strives to make all content accessible to everyone. While this document does not currently meet the standards of Section 508 of the Rehabilitation Act of 1973, as amended, an accessible version is forthcoming. If you would like to receive notification when the accessible version is available, please contact the Department's Information​ Technology Accessibility Program Manager Denise McGland at Denise.McGland@ed.gov*

Session times: 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. with a public comment period from approximately 3:30 p.m. to 4:00 p.m.on each day except the last day of this session (Eastern time).

New Materials distributed by the negotiators/advisors prior to session 3:

  • Institutional Cancellation Proposal (Submitted by Barmak Nassirian) PDF (85K)
  • Definition of Public and Non-Profit Institutions Proposal (Submitted by Barmak Nassirian) PDF (102K)
  • ATB Regulatory Language Revisions (Submitted by David Socolow) PDF (253K)
  • ATB Proposal (Submitted by Anne Kress & William Durden) PDF (226K)
  • Administrative Capability Proposal (Submitted by Brad Adams) PDF (259K)
  • Gainful Employment Proposal Part Q (Submitted by Brad Adams) PDF* (588K)
  • Gainful Employment Proposal Part R (Submitted by Brad Adams) PDF* (429K)
  • Financial Responsibility Proposal (Submitted by Brad Adams) PDF (573K)
  • Changes in Ownership Proposal (Submitted by Brad Adams) PDF (449K)
  • 90/10 Proposal (Submitted by Brad Adams) PDF (308K)
  • Certification Procedures Proposal (Submitted by Brad Adams) PDF (544K)
  • Gainful Employment Proposal (submitted by Jessica Ranucci & Johnson Tyler) PDF (100K)
  • Non-educational Expenses (submitted by Carolyn Fast) PDF (78K)
  • Ability to Benefit Proposal (submitted by Emmanual Guillory ) PDF* (631K)
  • Administrative Capability Proposal (submitted by Emmanual Guillory) PDF* (256K)
  • Certification Procedures Proposal (submitted by Emmanual Guillory) PDF* (357K)
  • Financial Responsibility Proposal (submitted by Emmanual Guillory) PDF* (439K)
  • Gainful Employment Proposal (submitted by Emmanual Guillory) PDF* (459K)
  • Memo to National Association of Independent Colleges and Universities about High School Diplomas (submitted by Emmanual Guillory) PDF* (136K)
  • Four Year Public Colleges Comments and Suggestions (Submitted by Marvin Smith and Deborah Stanley) PDF* (110K)
  • Memo on nonprofit definition (submitted by Carolyn Fast, Jaylon Herbin, Barmak Nassirian, Amanda Martinez, Jessica Ranucci, and Johnson Tyler): PDF* (142K)

New Materials distributed by the Department prior to session 3:

  • Session 3 Agenda: PDF* (111K)
  • Ability to Benefit (ATB) 3.0: PDF* (238K)
  • Administrative Capability 3.0: PDF* (208K)
  • Gainful Employment (GE) 3.0: PDF* (341K)
  • Financial Responsibility 3.0: PDF* (404K)
  • Changes in Ownership 3.0: PDF* (316K) 3.1 Revised PDF* (325K)
  • Certification Procedures 3.0: PDF* (285K)
  • 90/10 3.0: PDF* (260K)  3.1 Appendix C: PDF* (255K)
  • ATB Memo: PDF* (204K)
  • ATB Data Excel: MS Excel* (87K)
  • Overview of GE Information Rates: PDF* (305K)
    • Since the publication of this overview, the Department updated the informational rate file to include programs in foreign institutions. This change resulted in the addition of over 3,000 currently operating programs to the informational rate data file. In addition, the new informational rate file published on 4/20/22 excludes programs in institutions that were not certified (or provisionally certified) to administer Title IV aid as of 3/28/22. This change removed fewer than 500 programs in domestic institutions from the informational rate file published on 3/15/22. As such, the overview figures described in this document differ slightly from the details contained in the updated informational rate data file.
  • Visual of GE Information Rates: PDF* (78K)
  • GE Information Rates Data Description: PDF* (130K)
  • GE Information Rates Data: MS Excel (20K)

New Materials distributed by the negotiators/advisors during session 3:

  • Diploma Provision Proposal (submitted by Kelli Perry): PDF* (94K)
  • Revised Certification Language Paper (submitted by Barmak Nassirian and Carolyn Fast: PDF* (50K)
  • 90/10 Memo (submitted by Yael Shavit and Adam Welle): PDF* (207K)
  • Certification Procedure Memo About State Consumer Protection Laws (submitted by Barmak Nassirian and Carolyn Fast): PDF* (130K)
  • Definition of Nonprofit Memo (submitted by Carolyn Fast): PDF* (103K)
  • Proposed Regulations Concerning Certification Procedures and Application of State Laws (submitted by Adam Welle and Yael Shavit): PDF* (1.33K)
  • Transcript Withholding Memo (submitted by Ernest Ezeugo and Amanda Martinez) PDF* (131K)

New Draft Consensus Language from March 18, 2022. Note that the language in the Notice of Proposed Rulemaking may differ slightly due to technical corrections and formatting:

  • Ability to Benefit: PDF* (313K)
  • 90/10: PDF* (184K)
New Meeting Summary: (prepared by the facilitators): PDF* (144K)

 

*The Department of Education strives to make all content accessible to everyone. While this document does not currently meet the standards of Section 508 of the Rehabilitation Act of 1973, as amended, an accessible version is forthcoming. If you would like to receive notification when the accessible version is available, please contact the Department's Information​ Technology Accessibility Program Manager Denise McGland at Denise.McGland@ed.gov*

 

Public comment: At the end of each day (except for the final day of the last session), 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: 05/09/2022