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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 and Fact Sheets
Federal Register Notices (official notices at www.federalregister.gov).
- Intent to establish negotiated rulemaking committees - Official Copy** [published 5/26/2021]
- Negotiator Nominations and Schedule of Committee Meeting - Affordability and Student Loans Committees - Official Copy** [published 8/10/2021]
- 90/10 Public hearing notice - Official Copy** [published 10/4/2021]
- Negotiator Nominations and Schedule of Committee Meetings - Institutional and Programmatic Eligibility Committee - Official Copy** [published 12/8/2021]
- Notice of Proposed Rulemaking - Affordability and Student Loans - Official Copy** [published 7/13/2022]
- Fact Sheet - Proposed Regulations to Improve Student Loan Relief Programs PDF* (158K) [7/6/2022]
- Notice of Proposed Rulemaking - Institutional Eligibility, Student Assistance General Provisions, and Federal Pell Grant Program - Official Copy** [published 7/28/2022]
- Fact Sheet - Proposed Regulations to Support and Protect Students and Borrowers PDF (200M) [7/26/2022]
- Fact Sheet - Future of PSLF Fact Sheet PDF (236K) [10/25/2022]
- Final Rule - Institutional Eligibility, Student Assistance General Provisions, and Federal Pell Grant Program - Official Copy** [published 10/28/2022]
- Fact Sheet - Final Regulations to Support and Protect Students and Borrowers PDF* (233K) [10/27/2022]
- Final Rule - Affordability and Student Loans - Official Copy** [published 11/01/2022]
- Fact Sheet - Final Regulations to Improve Student Loan Relief Programs PDF* (240K) [10/31/2022]
- Final Rule - RIA Table Supplement-Affordability and Student Loans - Official Copy** [published 10/31/2022]
- Notice of Proposed Rulemaking-Income-Driven Repayment - Official Copy** [published 1/11/2023]
- Fact Sheet - Income-Driven Repayment PDF* (344K) [1/10/2023]
- Fact Sheet - Income-Driven Repayment Accountability PDF* (139K) [1/10/2023]
- Notice of Proposed Rulemaking - Accountability for College Costs and Unaffordable Student Debt [includes Gainful Employment (GE)] - Official Copy** [published 5/17/2023]
- Fact Sheet - Holding Colleges Accountable for Delivering Financial Value for Students PDF* (201K) [5/17/2023]
- Fact Sheet - New Proposed Rules to Protect Students by Strengthening Department Oversight and Monitoring PDF* (163K) [5/17/2023]
- GE Data 1 - Description PDF* (182K) [5/17/2023]
- GE Data 2 - Data Codebook Excel* (28K) [5/30/2023]
- GE Data 3 - Dataset Excel* (54M) [5/17/2023]
- Final Rule - Income Driven Repayment - Official Copy** [published 7/10/2023] Correction Official Copy** [published 7/6/2023]
- Fact Sheet - Income Driven Repayment PDF* (356K) [6/14/2023]
- Final Rule - Gainful Employment (GE) - Official Copy** [published 10/10/2023]
- Fact Sheet - Gainful Employment (GE) - PDF* (514K) [9/27/2023]
- Final Rule - Accountability for College Costs including Financial Responsibility, Certification Procedures, Administrative Capability, and Ability to Benefit (ATB) - Official Copy** [published 10/31/2023]
- Fact Sheet - Accountability for College Costs including Financial Responsibility, Certification Procedures, Administrative Capability, and Ability to Benefit (ATB) - PDF (148K) [10/24/2023]
- Final Rule - Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program - Official Copy** [published 1/16/2024]
- New Small Entity Compliance Guide - Gainful Employment - PDF (164K) [5/23/2024]
- New Small Entity Compliance Guide - Financial Responsibility, Administrative Capability, Certification Procedures, Ability to Benefit - PDF (193K) [5/23/2024]
*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, OPE is working to create an accessible version. If you need access to this content before the accessible version is available, please contact the Information Technology Accessibility Program Help Desk at [email protected] to help facilitate.
**By selecting the following link, you will be leaving the Department of Education’s (ED’s) website and navigating to a third-party site. This site and its contents are managed by organizations that may or may not have a business relationship with ED. As such, the Department is not responsible for the product, service, or overall website contents nor can it guarantee that any of the above are accessible in accordance with Section 508 of the Rehabilitation Act of 1973. If you need accessibility support, please reach out to the third-party vendor for assistance.
Public Hearing Information
June 21, 2021 10:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m.
Transcript: PDF (589K)
Recording: https://youtu.be/Q0H0WTCumrMJune 23, 2021 10:00 a.m. to 12:30 p.m. and 2:00 p.m. to 4:30 p.m.
Transcript: PDF (690K)
Recording: https://youtu.be/_XIkjfVG-EgJune 24, 2021 10:00 a.m. to 12:30 p.m. and 2:00 p.m. to 4:30 p.m.
Transcript:PDF (680K)
Recording: https://youtu.be/wpdZUfgc5ZkOctober 26, 2021 (90/10 comments only) 2:00 p.m to 4:00 p.m.
Transcript: PDF (234K)
Recording: https://youtu.be/LMtBOahXPh4October 27, 2021 (90/10 comments only) 10:00 a.m. to 12:00 p.m.
Transcript: PDF (226K)
Recording: https://youtu.be/yTT0plb4k7s
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.
Session 1: October 4 - 8, 2021
Transcripts & Recordings
October 4, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (320K)
Recording: https://youtu.be/UMqUvYiJvw0October 4, 2021 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (535K)
Recording: https://youtu.be/MV_9389Sl4sOctober 5, 2021 - 10:00 a.m. to 12:00 p.m
Transcript: PDF (490K)
Recording: https://youtu.be/BgKaVMqMlkAOctober 5, 2021 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (1.17K)
Recording: https://youtu.be/qr74QW1Ucg8October 6, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (632K)
Recording: https://youtu.be/x1vozNYaROAOctober 6, 2021 -1:00 p.m. to 4:00 p.m.
Transcript: PDF (1.04K)
Recording: https://youtu.be/WuV5sUdzcAAOctober 7, 2021- 10:00 a.m. to 12:00 p.m
Transcript: PDF (268K)
Recording: https://youtu.be/CpT6zH_MJrMOctober 7, 2021 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (952K)
Recording: https://youtu.be/zwzBMxVfEbAOctober 8, 2021- 10:00 a.m. to 12:00 p.m
Transcript: PDF (244K)
Recording: https://youtu.be/REuREG2-HeE- October 8, 2021- 1:00 p.m. to 4:00 p.m.
Transcript: PDF (637K)
Recording: https://youtu.be/OyL6esfJs1I
Materials
- 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)
- 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
- Closed school discharge data (supplied by Rajeev Darolia, Advisor) PDF (313K)
- 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)
Session 2: November 1 - 5, 2021
Transcripts & Recording
November 1, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (601K)
Recording: https://youtu.be/yG8kK_MAlwUNovember 1, 2021 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (366K)
Recording: https://youtu.be/9uoDibOLcMsNovember 2, 2021 - 10:00 a.m. to 12:00 p.m
Transcript: PDF (564K)
Recording: https://youtu.be/zhS8qeMAEaUNovember 2, 2021 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (762K)
Recording: https://youtu.be/AH-1agFLQlQNovember 3, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (574K)
Recording: https://youtu.be/3gxwvGI0VbkNovember 3, 2021 -1:00 p.m. to 4:00 p.m.
Transcript: PDF (773K)
Recording: https://youtu.be/EZUuw9Z6GnoNovember 4, 2021- 10:00 a.m. to 12:00 p.m
Transcript: PDF (564K)
Recording: https://youtu.be/ioEE1bX89CQNovember 4, 2021 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (537K)
Recording: https://youtu.be/YV8weaShFoANovember 5, 2021- 10:00 a.m. to 12:00 p.m
Transcript: PDF (627K)
Recording: https://youtu.be/cwL4BXCa2NANovember 5, 2021- 1:00 p.m. to 4:00 p.m.
Transcript: PDF (786K)
Recording: https://youtu.be/EaV9bpIf5uo
Materials
- 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)
- 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)
- 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 [email protected]*
Session 3: December 6 - 10, 2021
Transcripts & Recordings
December 6, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (316K)
Recording: https://youtu.be/1wMNfalWqQoDecember 6, 2021 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (366K)
Recording: https://youtu.be/DnI5Qj5grTEDecember 7, 2021 - 10:00 a.m. to 12:00 p.m
Transcript: PDF (354K)
Recording: https://youtu.be/S0Ild6ZknUcDecember 7, 2021 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (428K)
Recording: https://youtu.be/Nu97KvRRXwQDecember 8, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (354K)
Recording: https://youtu.be/NSJv7UZtYxgDecember 8, 2021 -1:00 p.m. to 4:00 p.m.
Transcript: PDF (356K)
Recording: https://youtu.be/tQghFmmoeZMDecember 9, 2021- 10:00 a.m. to 12:00 p.m
Transcript: PDF (314K)
Recording: https://youtu.be/6ytr3aY95X8December 9, 2021 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (427K)
Recording: https://youtu.be/zAKNpU8_HPMDecember 10, 2021- 10:00 a.m. to 12:00 p.m
Transcript: PDF (320K)
Recording: https://youtu.be/8eS2BrzrAvoDecember 10, 2021- 1:00 p.m. to 4:00 p.m.
Transcript: PDF (337K)
Recording: https://youtu.be/W3e3Eq4yZOQ
Materials
- 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
- 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 (285K)
- 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)
- Eliminate Interest Capitalization Revised Issue Paper v. 3.1 PDF (207K)
- Closed School Discharge chart PDF (142K)
- 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.
Session 1: October 18 - 20, 2021
Transcripts & Recordings
October 18, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (620K)
Recording: https://youtu.be/s-2RrFyicPsOctober 18, 2021 - 1:00 p.m. to 3:00 p.m.
Transcript: PDF (400K)
Recording: https://youtu.be/UgBLfPGzGeIOctober 19, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (616K)
Recording: https://youtu.be/VE0mnPICfNsOctober 19, 2021 - 1:00 p.m. to 3 p.m.
Transcript: PDF (632K)
Recording: https://youtu.be/vS9G-yu83l4October 20, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (620K)
Recording: https://youtu.be/I1S3eBqpuW4October 20, 2021 - 1:00 p.m. to 3:00 p.m.
Transcript: PDF (646K)
Recording: https://youtu.be/h5wbCqQ7GkI
Materials
- 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)
- Mass Incarceration: The Whole Pie 2020 | Prison Policy Initiative (supplied by Dr. McTier)
- Out of Prison & Out of Work | Prison Policy Initiative (supplied by Dr. McTier)
Session 2: November 8 - 10, 2021
Transcript & Recordings
November 8, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (625K)
Recording: https://youtu.be/TPspw5hPifwNovember 8, 2021 - 1:00 p.m. to 3:00 p.m.
Transcript: PDF (567K)
Recording: https://youtu.be/zQSEevoqR0UNovember 9, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (499K)
Recording: https://youtu.be/QUmzN_HHHsQNovember 9, 2021 - 1:00 p.m. to 3:00 p.m.
Transcript: PDF (338K)
Recording: https://youtu.be/DhWwZRktYxYNovember 10, 2021 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (593K)
Recording: https://youtu.be/I6U6DxBP_lkNovember 10, 2021 - 1:00 p.m. to 3:00 p.m.
Transcript: PDF (565K)
Recording: https://youtu.be/BU57IuKrsvE
Materials
- Prison Education Programs Statutory Text PDF (68K)
- Schools Participating in the Experimental Sites Initiative PDF (288K)
- Possibility Report (Submitted by Belinda Wheeler)
- Barred from Working Report (Submitted by Belinda Wheeler)
- 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)
- 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)
- Prison Education Programs Amendatory Text v.5.0 PDF (396K)
- 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 1: January 18 - 21, 2022
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).
Transcripts & Recordings
January 18, 2022 - 10:00 a.m. to 12:30 p.m.
Transcript: PDF (429K)
Recording: https://www.youtube.com/watch?v=6xRImA5TgkkJanuary 18, 2022 - 1:00 p.m. to 4:30 p.m.
Transcript: PDF (796K)
Recording: https://youtu.be/DqibXFEux9MJanuary 19, 2022 - 10:00 a.m. to 12:30 p.m.
Transcript: PDF (677K)
Recording: https://youtu.be/VpTKKxINFUQJanuary 19, 2022 - 1:00 p.m. to 4:30 p.m.
Transcript: PDF (562K)
Recording: https://youtu.be/XE_rHudQeAMJanuary 20, 2022 - 10:00 a.m. to 12:30 p.m.
Transcript: PDF (439K)
Recording: https://youtu.be/01vlBOA-c6EJanuary 20, 2022 - 1:00 p.m. to 4:30 p.m.
Transcript: PDF (499K)
Recording: https://youtu.be/pYdWzd6LFZkJanuary 21, 2022 - 10:00 a.m. to 12:30 p.m.
Transcript: PDF (441K)
Recording: https://youtu.be/d1zybtwxkEwJanuary 21, 2022 - 1:00 p.m. to 4:30 p.m.
Transcript: PDF (501K)
Recording: https://youtu.be/YFgbpyo277E
Materials
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 2: February 14 - 18, 2022
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).
Transcripts & Recording
February 14, 2022 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (254K)
Recording: https://www.youtube.com/watch?v=yvAP6ihoK90&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=54February 14, 2022 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (318K)
Recording: https://www.youtube.com/watch?v=slHCvgUGP_s&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=55February 15, 2022 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (234K)
Recording: https://www.youtube.com/watch?v=YcfR7pH2h9g&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=56February 15, 2022 - 1:00 p.m. to 4:00 p.m.
Transcript:: PDF (642K)
Recording: https://www.youtube.com/watch?v=8AcyjJdOkQ8&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=57February 16, 2022 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (351K)
Recording: https://www.youtube.com/watch?v=tjNdYr9FWQE&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=58February 16, 2022 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (306K)
Recording: https://www.youtube.com/watch?v=uw3_5ZWdRlM&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=59February 17, 2022 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (291K)
Recording: https://www.youtube.com/watch?v=U7F36TwLxLM&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=60February 17, 2022 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (690K)
Recording: https://www.youtube.com/watch?v=fm3oXsqqxVU&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=61February 18, 2022 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF 252K)
Recording: https://www.youtube.com/watch?v=1A08u3HzmSo&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=62February 18, 2022 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (309K)
Recording: https://www.youtube.com/watch?v=zWN0AOEPE_U&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=63
Materials
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 (326K)
- 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 (103K)
- 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:
Materials distributed by the negotiators/advisors during to session 2:
- Proposal about Transcript Withholding (submitted by Johnson Tyler) PDF (363K)
- Financial Responsibility Proposal 2 (submitted by Carolyn Fast and Amanda Martinez) PDF (122K)
- GE Rule Presentation (submitted by Adam Looney) PDF (529K)
- The Department of Education’s Obligation to Reform Its Financial Responsibility Oversight (submitted by Barmak Nassirian)
- GE Comments Round 2 (submitted by Brad Adams) PDF (186K)
- Zoom links provided in Chat PDF (159K)
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 [email protected]*
Session 3: March 14 - 18, 2022
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).
Transcripts & Recordings
March 14, 2022 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (194K)
Recording: https://www.youtube.com/watch?v=_V8LHS8NyNE&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=63March 14, 2022 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (315K)
Recording: https://www.youtube.com/watch?v=bHaAEmganC8&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=64March 15, 2022 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (244K)
Recording: https://www.youtube.com/watch?v=tjL0CK5nJAk&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=65March 15, 2022 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (276)
Recording: https://www.youtube.com/watch?v=D-fXyIh1qCA&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=72March 16, 2022 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (220K)
Recording: https://www.youtube.com/watch?v=l7pKinNWUhU&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=67March 16, 2022 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (290K)
Recording: https://www.youtube.com/watch?v=t0OlKsqPRdQ&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=66March 17, 2022 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (208K)
Recording: https://www.youtube.com/watch?v=xJjiKOSn7Vs&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=69March 17, 2022 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (307K)
Recording: https://www.youtube.com/watch?v=VyttHhqhZc0&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=68March 18, 2022 - 10:00 a.m. to 12:00 p.m.
Transcript: PDF (202K)
Recording: https://www.youtube.com/watch?v=CjalF3nqZqE&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=70March 18, 2022 - 1:00 p.m. to 4:00 p.m.
Transcript: PDF (187K)
Recording: https://www.youtube.com/watch?v=xZUHW86LD8w&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=71
Materials
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)
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)
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)
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:
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 [email protected]*
**By selecting the following link, you will be leaving the Department of Education’s (ED’s) website and navigating to a third-party site. This site and its contents are managed by organizations that may or may not have a business relationship with ED. As such, the Department is not responsible for the product, service, or overall website contents nor can it guarantee that any of the above are accessible in accordance with Section 508 of the Rehabilitation Act of 1973. If you need accessibility support, please reach out to the third-party vendor for assistance.