U.S. Department of Education 

Higher Education Opportunity Act 

Negotiated Rulemaking 

Meeting Three Summary 

Team I – Program Integrity Issues 

January 25 – 29, 2010 

Overview of the Negotiated Rulemaking Process 

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

the Team’s discussions for this meeting would focus on developing final consensus on the 

Department’s proposed regulatory text to implement remaining changes resulting from the HEOA 

and other changes. 

Review and Adopt Minutes 

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

Review of Issues 

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

Following each issue is the final status as agreed to by the negotiators: 

1. Definition of High School Diploma (Tentative Agreement) 

2. Ability to Benefit (Tentative Agreement) 

3. Misrepresentation of Information (Tentative Agreement) 

4. Incentive Compensation (No Tentative Agreement) 

5. State Authorization – (No Tentative Agreement) 

6. Gainful Employment – (No Tentative Agreement) 

7. Definition of Credit Hour (Tentative Agreement) 

8. Agreements Between Institutions of Higher Education – (Tentative Agreement) 

9. Verification – (Tentative Agreement) 

10. Satisfactory Academic Progress – (Tentative Agreement) 

11. Deleted by Department of Education – (NA) Retaking Coursework (Tentative 

Agreement) 

12. Return of Title IV Funds: Term-based Module Program (No Tentative Agreement) 

13. Return of Title IV Funds: Institutions Taking Attendance (No Tentative Agreement) 

14. Timeliness & Method of Disbursement (Tentative Agreement) 

Final – 3/8/10 

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Final – 3/8/10 

2

Public Comment

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

member of the public commented at the end of the second day and another member of the public 

commented at the end of the fourth day. 

Logistics

The facilitators provided revisions and additions to proposed Department regulatory text from 

both the Department negotiators and members of the committee. 

Next Steps

Pursuant to the Committee Protocols, because tentative agreement was not reached on all issues, 

the Department has no obligation to adopt the draft language on any issue in its development of 

the proposed rule. Again, according to Committee Protocols the non-Federal negotiators are 

under no obligation to refrain from commenting negatively on any proposed rule that the 

Department issues. 

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