U.S. Department of Education 

Higher Education Opportunity Act 

Negotiated Rulemaking 

Meeting Two Summary 

Team I – Program Integrity Issues 

December 7-11, 2009 

Welcome

Carney McCullough, and Fred Sellers, Negotiators for the Department of Education, and David 

Bergeron, Acting Deputy Assistant Secretary, welcomed the members of the Negotiated 

Rulemaking Team and thanked them for agreeing to assist the Department in developing 

regulations to implement provisions of the Higher Education Opportunity Act (HEOA). 

Overview of the Negotiated Rulemaking Process 

The facilitators provided an overview of the negotiated rulemaking process. They explained that 

the Team’s discussions will focus on developing consensus regulatory text for the Department’s 

proposed rule to implement the HEOA. 

Review and Adopt Minutes 

Team members discussed and adopted minutes of the November 2-6, 2009 meeting. 

Membership

The membership of the team was presented. Additions to the committee and Alternates to 

Primary members were proposed and discussed. 

The following negotiators approved at the initial meeting were present (unless otherwise noted): 

Non-Federal Negotiators 

Community of Interest Primary Alternate 

Students Rich Williams 

U.S. PIRG

Angela Peoples 

United States Student Association

Consumer Advocacy 

Organizations 

Margaret Reiter 

Attorney

Deanne Loonin 

National Consumer Law Center

2-year Public Institutions Richard Heath 

Anne Arundel Community College 

Joan Zanders 

Northern Virginia Community College 

4-year Public Institutions Phil Asbury 

Univ. of North Carolina - Chapel Hill 

Joe Pettibon 

Texas A & M University 

Private, Nonprofit 

Institutions 

Todd Jones 

Association of Independent Colleges and 

Universities of Ohio 

Maureen Budetti 

National Association of Independent 

Colleges and Universities 

Private, For-Profit 

Institutions 

Elaine Neely 

Kaplan Higher Education Corp. 

David Rhodes 

School of Visual Arts 

College Presidents Terry Hartle 

ACE 

Bob Moran 

American Association of State Colleges 

and Universities 

Admissions Officers David Hawkins 

National Association for College 

Admission Counseling 

Amanda Modar 

National Association for College 

Admission Counseling 

Business Officers Susan Williams Anne Gross 

Approved – 1/25/10 

1
University of Bridgeport National Association of College and 

University Business Officers 

Financial Aid 

Administrators 

Val Meyers 

Michigan State University 

Joan Berkes 

National Association of Student Financial 

Aid Administrators 

Regional/Programmatic 

Accreditors 

Barbara Brittingham 

Commission on Institutions of Higher 

Education of the New England 

Association of Schools and Colleges 

Sharon Tanner (1st Alternate) 

National League for Nursing Accrediting 

Commission 

Ralph Wolf (2nd Alternate) 

Western Association of Schools and 

Colleges 

National Accreditors Anthony Mirando 

National Accrediting Commission of 

Cosmetology Arts and Sciences 

Michale McComis 

Accrediting Commission of Career 

Schools and Colleges 

Work Force Development Jim Simpson 

Florida State College 

Susan Lehr 

Florida State College 

Lending Community 

Representative 

Carol Lindsey 

Texas Guaranteed Student Loan Corp 

Janet Dodson 

National Student Loan Program 

Test Publishers Chris Young 

Wonderlic, Inc. 

Dr. David Waldschmidt 

Wonderlic, Inc. (Did not attend) 

State Higher Education 

Officials 

Dr. Marshall Hill 

Nebraska Coordinating Commission for 

Postsecondary Education 

Dr. Kathryn Dodge 

New Hampshire Postsecondary Education 

Commission 

The following Primary and Alternate negotiators not approved at the initial meeting were proposed 

and accepted. 

Community of Interest Primary Alternate 

State Higher Education 

Officials 

Dr. Marshall Hill, Nebraska 

Coordinating Commission for 

Postsecondary Education 

Dr. Kathryn Dodge, New 

Hampshire Postsecondary 

Education Commission 

Review Negotiating Agenda of Issues

The Team reviewed and discussed the list of agenda items. The Agenda of Issues was accepted. 

Workshop-Style Review of Issues 

Team members participated in discussions on each item on the Agenda of Issues listed below. 

1. Definition of High School Diploma 

2. Ability to Benefit 

3. Misrepresentation of Information 

4. Incentive Compensation 

5. State Authorization 

6. Gainful Employment - Informational Presentation Thursday 9:00 am 

7. Definition of Credit Hour 

8. Agreements Between Institutions of Higher Education 

9. Verification - Informational Presentation Wednesday 1:00 pm 

10. Satisfactory Academic Progress 

Approved – 1/25/10 

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11. Deleted by Department of Education 

12. Return of Title IV Funds: Term-based Module Program 

13. Return of Title IV Funds: Institutions Taking Attendance 

14. Timeliness & Method of Disbursement 

Public Comment

An opportunity was provided at the end of each day for the public to provide comment. One 

member of the public provided comments at the end of the second day and another member of 

the public at the end of the fourth day. 

Logistics

The third session of Team I is scheduled for January 25-29, 2010, with the following schedule: 

Monday: 1:00 pm – 6:00 pm 

Tuesday to Thursday: 9:00 am – 5:00 pm 

Friday: 9:00 am – 12:00 pm 

The session will be held at the U.S. Department of Education in the 8th Floor Conference Center 

located at 1990 K St. NW in Washington, D.C.

Next Steps

Prior to the next meeting, the Department will provide draft regulatory text to Team I that 

reflects the workshop discussions of the first two sessions. The facilitators will distribute the 

approved Team Contact List, Agenda for the third meeting, and Draft Meeting Summary of the 

second meeting. 

Approved – 1/25/10 

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Approved – 1/25/10 

4

Attendance

Present: 

Phil Asbury 

Joan Berkes 

Barbara Brittingham 

Maureen Budetti 

Janet Dodson 

Anne Gross 

Terry Hartle 

David Hawkins 

Richard Heath 

Todd Jones 

Susan Lehr 

Carol Lindsey 

Deanne Loonin 

Michale McComis 

Val Meyers 

Anthony Mirando 

Amanda Modar 

Bob Moran 

Elaine Neely 

Angela Peoples 

Joe Pettibon 

Margaret Reiter 

David Rhodes 

Jim Simpson 

Sharon Tanner 

Rich Williams 

Susan Williams 

Ralph Wolff 

Chris Young 

Joan Zanders 

Marshall Hill 

Kathryn Dodge 

U.S. Department of Education:

Carney McCullough 

Fred Sellers 

Facilitators:

Chip Cameron 

Craig Bagemihl