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U.S. Department of Education

Higher Education Act

Student Loan Program Negotiating Committee

Meeting Summary

January 9-12, 2012

Welcome

David Bergeron welcomed the members of the Student Loan Program Negotiating Committee

and thanked them for agreeing to assist the Department in developing proposed student financial 

assistance regulations pursuant to Sec. 492 of the Higher Education Act of 1965, as amended (HEA).

Introductions

All members who were present introduced themselves. 

Overview of the Negotiated Rulemaking Process 

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

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

rule on student financial assistance regulations. 

Review and Adopt Minutes

This was the initial meeting of this negotiating committee, so there were no minutes from a previous 

meeting.

Organizational Protocols and Membership

The members discussed the draft Organizational Protocols, and approved them. The membership of the 

committee was presented. Additions to the committee and Alternates to Primary members were 

proposed, discussed, and agreed to or not agreed to. 

The following Primary and Alternate negotiators were proposed and accepted.

Students Mr. Getachew Kassa

Legislative Director

United States Student Association

Mr. Abou Amara, Jr.

President

Graduate and Professional Student 

Association 

University of Minnesota, Twin Cities

Legal assistance 

to students

Deanne Loonin

National Consumer Law Center

Ms. Radhika Singh Miller

Program Manager 

Educational Debt Relief and Outreach, 

Equal Justice Works

Consumer 

advocacy 

organizations

Jennifer Mishory

Deputy Director

Young Invincibles

Maureen Thompson

The Hastings Group, LLC

Financial aid 

administrators

Margaret Rodriguez,

Senior Associate Director of 

Financial Aid, University of 

Michigan

Elizabeth Hicks

Executive Director Student Financial 

Services Massachusetts Institute of 

Technology
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Chair, National Direct Student 

Loan Coalition

Business 

officers and 

bursars

David Glezerman

Assistant Vice President and 

University Bursar 

Temple University

Maria Livolsi

Director

Student Loan Service Center

State University of New York

Institutional 

third-party 

servicers

Robert Perrin

President

Williams & Fudge, Inc.

State attorneys 

general

Todd Leatherman

Executive Director

Office of Consumer Protection

Office of the Kentucky Attorney 

General

Michele Casey

Assistant Attorney General

Consumer Fraud Bureau Office of the 

Illinois Attorney General

Two-year public 

institutions

Ms. Cristi Millard

Director of Financial Aid

Salt Lake Community College

Mr. Chris Christensen

Director of Financial Aid

Johnson County Community College, 

Kansas

Four-year public 

institutions

Ms. Kris Wright

Director, Office of Student 

Finance, University of Minnesota

Executive Council Member and 

Secretary, National Direct Student 

Loan Coalition

Elaine Papas-Varas

University Director of Student 

Financial Aid and Director of the 

Primary Care Practitioner Loan 

Redemption Program of New Jersey

University of Medicine and Dentistry 

of New Jersey

Private 

nonprofit 

institutions

Yvonne Gutierrez-Sandoval

Senior Associate Director of 

Financial Aid

Pitzer College

Jeffrey A. Gall, Associate Dean, Office 

of Student Financial Services 

Georgetown University

Private forprofit 

institutions

Tom Sakos

Director of Student Lending and 

Regulatory Quality Assurance

DeVry Inc.

Anthony Fragomeni

Director of Governmental Affairs, 

Empire Education Group; 

Chairman, American Association of 

Cosmetology Schools’ Government 

Relations Team

Guaranty 

agencies and 

guaranty agency 

servicers

Betsy Mayotte

Director, Regulatory Compliance 

and Privacy, American Student 

Assistance

Scott Giles

Vice President for Operations, Social 

Marketing and Strategy

Vermont Student Assistance 

Corporation
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Lenders, 

secondary 

markets and 

loan servicers

Robert Sandlin

Director of Policy and Compliance

Higher Education Servicing 

Corporation

(Servicer for North Texas Higher 

Education Authority)

Vicki Shipley

Senior Advisor

National Council of Higher Education 

Loan Programs

Accrediting 

agencies

Albert Gray

Executive Director and CEO

Accrediting Council for 

Independent Colleges and Schools

Sharon Tanner

CEO

National League for Nursing 

Accrediting Commission

US Department 

of Education

Pamela Moran and Gail McLarnon

Review Negotiating Agenda of Issues

The committee reviewed and discussed the list of agenda items proposed by the Department. The 

Agenda of Issues proposed by the Department was accepted, with the addition of three issues (Items # 

23-25 of the full approved agenda of issues -see below). 

Workshop-Style Review of Issues 

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

1. Changes to Income Contingent Repayment (ICR) Plan 

--Process for Receipt of Cancellation 

2. Changes to Income-Based (IBR) Repayment Plan 

--New Borrower Notification for Annual IBR Evaluation 

--Annual IBR Income Verification 

--Borrower Repayment After Leaving IBR 

--Process for Receipt of Forgiveness 

3. FFEL Repayment Disclosures: Borrowers Who Are Having Difficulty Making Payments and 

Borrowers Who Are 60-Days Delinquent 

4. Forbearance Provisions for Borrowers Receiving Department of Defense Student Loan Repayment 

Benefits 

5. Borrowers Who Are Delinquent when Authorized Forbearance is Granted 

6. Forbearance for Post 270-Day Defaulted Loan Borrowers Prior to Lender Claim Payment or Transfer 

to ED Default Collections 

7. Minimum Loan Period for Transfer Students in Non-Term and Certain Non-Standard Term Programs 

8. “Reasonable and Affordable” Payment Standard for Rehabilitation of Defaulted Direct Loans and 

FFEL Program Loans 
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9. Rehabilitation of Defaulted Direct Loan and FFEL Program Loans Treatment of Borrowers Subject to 

Administrative Wage Garnishment 

10. Participation Rate Index Appeal for Single Cohort Default Rate Loss of Eligibility to Participate in 

the Direct Loan Program 

11. Repeal of Unnecessary FFEL Program Regulations 

12. Modification of Direct Loan Program Regulations 

13. Total and Permanent Disability Discharge – Single Application Process 

14. Total and Permanent Disability Discharge – Borrower Notification of Denial 

15. Total and Permanent Disability Discharge – Post-Discharge Monitoring of Employment Earnings 

16. Title IV Closed School Loan Discharge 

17. Satisfactory Repayment Arrangements on Defaulted Title IV Loans for Borrowers who also 

Rehabilitate the Loan 

18. School Enrollment Status Reporting Requirements 

19. Federal Perkins Loan Graduate Fellowship Deferment Eligibility 

20. Social Security Number Requirement for Assignment of Federal Perkins Loans to Department of 

Education 

21. Federal Perkins Loan Cancellation Rate Progression Across Cancellation Categories 

22. Federal Perkins Loan Economic Hardship deferment Debt-to-Income Ratio Provision 

23. Federal Perkins Loan Break in Cancellation Service Due to Condition Covered Under the Family and 

Medical Leave Act (20 U.S.C. 2601 et.seq.) 

24. Standard for On-Time Rehabilitation Payments in the Federal Perkins Loan Program 

25. FFEL Program Administrative Wage Garnishment (AWG) Hearings for Defaulted Borrowers

Public Comment

Several opportunities were provided for the public to provide comment. Comments from the public were 

received at the end of the second and fourth days.

Logistics

The second session of the Student Loan Program Negotiating Committee is scheduled for Monday 

through Friday, February 13-17, 2012, with the following schedule:

Monday: 12:00 pm – 5:00 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 8

th Floor Conference Center located 

at 1990 K Street, N.W. in Washington, D.C.
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Next Steps

Prior to the next meeting, the Department will provide the draft Agenda for the second meeting and draft 

regulatory text for the agenda of issues to the committee that reflects the workshop discussions of the 

first session. The facilitators will distribute the approved Contact List and Draft Meeting Summary of 

the first meeting.