U.S. Department of Education 

Discretionary Grants Team 

ORGANIZATIONAL PROTOCOLS

As accepted – 2/18/09 

I. Mission Statement 

The U.S. Department of Education has established this negotiated rulemaking committee to 

develop proposed discretionary grant program regulations for pursuant to Sec. 492 of the Higher 

Education Act of 1965, as amended (HEA). 

II. Participation 

A. The committee consists of the following members: 

Cedric Lawson, Primary; Gregory Cendana, Alternate 

(Students) 

David Megquier, Primary; Maureen Hoyler, Alternate 

(Council for Opportunity in Education ) 

Charlene Manco, Primary; Larry Letourneau, Alternate 

(National Educational Opportunity Centers Association ) 

Laura Qaissaunee, Primary; Renee Hampton, Alternate 

(American Association of Community Colleges) 

Jon Westby, Primary; Mike Henry, Alternate 

(Two-year Public Institutions Participating in the Federal TRIO Programs) 

Deltha Colvin, Primary; Troy Johnson, Alternate 

(Four-year Public Institutions Participating in the Federal TRIO Programs) 

Brenda Dann-Messier, Primary; 

(Community Organizations Participating in the Federal TRIO Programs) 

Teena Olszewski, Primary; Weiya Liang, Alternate 

(Four-year Public Institutions Participating in the GEAR UP Program) 

Allison Jones, Primary; 

(Four-year Public Institutions Participating in the GEAR UP Program) 

Louis Niro, Primary; 

(Two-year Public Institutions Participating in the GEAR UP Program) 

Jennifer Martin, Primary; Karen McCarthy, Alternate 

(National Association of Financial Aid Administrators) 

Linda Shiller, Primary; 

(GEAR UP State Grants) 

Art Martinez, Primary; Javier Gonzalez, Alternate 

(Institutions and Organizations participating in the Migrant Education HEP and 

CAMP Programs) 

Lynn Mahaffie, Primary; 

(U.S. Department of Education) 
Discretionary Grants Team 

ORGANIZATIONAL PROTOCOLS

Accepted – 2/18/09 

B. The member will participate for the purpose of determining consensus. The alternate will 

participate for the purpose of determining consensus in the absence of the member. Either the 

member or an alternate may speak during the negotiations. 

C. With approval by a consensus of the committee, individuals, including specialists, who are 

invited by a member, may participate in committee or subcommittee meetings as needed and 

appropriate, but are not members of the committee. 

D. The committee may add members. Requests for membership must be approved by a consensus 

of the committee under such conditions as the committee establishes at the time. New 

members may begin to participate immediately upon admission to membership. 

E. Subcommittees may be formed by the committee to address specified issues and to make 

recommendations to the committee. Subcommittees are not authorized to make decisions for 

the committee. Subcommittee meetings will be open to any member of the committee and may 

be held between the meetings of the committee. All committee members will be notified of all 

subcommittee meetings. 

F. Upon the initiation by any member and after consultation with the facilitators, the Secretary 

may remove a member he determines is not acting in good faith in accordance with paragraph 

VI B of these protocols. The Secretary will provide an explanation in writing to the committee. 

G. The Secretary may remove any member who ceases to be employed by or be associated with 

the community of interests the individual was chosen to represent. 

III. Decision Making 

The committee will operate by consensus, meaning that there must be no dissent by any member in 

order for the committee to be considered to have reached agreement. Thus, no member can be 

outvoted. Members should not block or withhold consensus unless they have serious reservations 

about the approach or solution that is proposed for consensus. Absence will be equivalent to not 

dissenting. All consensus agreements reached during the negotiations will be assumed to be 

tentative agreements until members of the committee reach final agreement on regulatory language. 

Once final consensus is achieved, committee members may not thereafter withdraw their 

consensus. 

IV. Agreement 

A. The goal of the committee is to develop proposed regulations that reflect a final consensus of 

the committee. If consensus is reached on the proposed regulations, the Department will 

provide a preamble, consistent with the proposed regulations, to the members of the committee 

for review and comment prior to publication of the proposed regulations. The Department is 

not required to adopt or respond to the committee members' comments on the preamble. 

B. If the committee reaches a final consensus on all issues, the Department will use this 

consensus-based language in its proposed regulations, and committee members and the 

organization whom they represent will refrain from commenting negatively on the consensusbased regulatory language, except as provided in paragraph IV C. 

C. The Department will not alter the consensus-based language of its proposed regulations unless 

the Department reopens the negotiated rulemaking process or provides a written explanation to 

the committee members regarding why it has decided to depart from that language. That 

written explanation will contain a detailed statement of the reasons for altering the consensus-
Discretionary Grants Team 

ORGANIZATIONAL PROTOCOLS

Accepted – 2/18/09 

based language and will be provided to the committee members sufficiently in advance of the 

publication of the proposed regulations so as to allow them a real opportunity to express their 

concerns to the Secretary. If the Department alters consensus-based language, it also will 

identify the changes made subsequent to consensus in the preamble to the proposed 

regulations, and committee members may comment positively or negatively on those changes 

and on other parts of the proposed regulations. 

V. Committee Meetings 

A. The facilitator(s) will maintain a clear and reliable record of tentative and final agreements 

reached during the negotiation process, as well as discussions of preamble language. The draft 

meeting summaries will be provided to members, who may share them with others within their 

community of interests. After review and approval by the committee, this record will be made 

available to the public. 

B. The Department will make every effort to distribute materials to committee members in a 

timely fashion. To the extent practicable, the Department will provide members with 

documents for discussion at committee meetings at least seven days in advance of the 

meetings. 

C. A caucus for the purpose of consultation may be requested of the facilitator(s) at any time by 

any member. 

D. The facilitator(s) will be responsible for developing an agenda for all meetings of the 

committee. This agenda will be developed in consultation with the members of the committee. 

E. All committee meetings, but not subcommittee meetings or caucuses, are open to the public. 

VI. Safeguards for Members 

A. Any member may withdraw from the negotiations at any time without prejudice, by notifying 

the facilitator(s) in writing. 

B. All members and the organizations they represent shall act in good faith in all aspects of these 

negotiations. 

C. Contact with the press will generally be limited to discussion of the overall objectives and 

progress of the negotiations. Members will refrain from characterizing the views, motives, and 

interests of other members during contact with the media. 

VII. Meeting Facilitation 

A. The facilitator(s) will serve at the discretion of the committee, and will be responsible for 

helping to ensure that the process runs smoothly, developing meeting agendas, preparing and 

distributing a record of agreements, and helping the parties resolve their differences and 

achieve consensus on the issues to be addressed by the committee. 

B. The facilitator(s) will be available to facilitate all meetings of the full committee and, to the 

extent possible, subcommittee meetings and caucuses.