U.S. Department of Education

Institutional and Programmatic Eligibility Committee

Negotiated Rulemaking

Meeting Summary

March 14-18, 2022 (Third Session)

Welcome

Gregory Martin, Department of Education’s federal negotiator, welcomed the Institutional 

and Programmatic Eligibility Committee (“Committee”) members, advisors, and facilitators 

to the negotiated rulemaking session.

Introductions

The Committee members, advisors, and facilitators introduced themselves.

Overview of the Negotiated Rulemaking Process

Commissioners Cynthia Jeffries, Brady Roberts, Rozmyn Miller and Kevin Wagner, 

facilitators from the Federal Mediation and Conciliation Service (FMCS), reviewed the 

technological, procedural, and information-sharing protocols along with the Session Three 

Agenda. 

Membership

The following individuals are the Members of the Institutional and Programmatic Eligibility 

Committee: 

Community of Interest Primary Negotiator Alternate Negotiator 

Accrediting Agencies 

Jamienne S. Studley, WASC 

Senior College and University 

Commission (WSCUC) 

Dr. Laura Rasar King, Council 

on Education for Public 

Health 

Civil Rights Organizations and 

Consumer Advocacy 

Organizations 

Carolyn Fast, The Century 

Foundation 

Jaylon Herbin, Center for 

Responsible Lending 

Civil Rights Organizations Amanda Martinez, Unidos US N/A 
Financial Aid Administrators 

at Postsecondary Institutions 

 

Samantha Veeder, University 

of Rochester 

 

David Peterson, University of 

Cincinnati 

 

Four Year-Year Public 

Institutions of Higher 

Educations 

Marvin Smith, University of 

California, Los Angeles (UCLA) 

Deborah Stanley, Bowie State 

University 

Legal Assistance 

Organizations That Represent 

Students and/or Borrowers 

Johnson Tyler, Brooklyn Legal 

Services 

Jessica Ranucci, New York 

Legal Assistance Group 

 

Minority -Serving Institutions 

 

Dr. Beverly Hogan, Tougaloo 

College (retired) 

Ashley Schofield, Claflin 

University 

 

Private, Non-profit 

Institutions of Higher 

Education 

Kelli Perry, Rensselaer 

Polytechnic Institute 

Emmanual A. Guillory, 

National Association of 

Independent Colleges and 

Universities (NAICU) 

 

Proprietary Institutions of 

Higher Education 

 

Bradley Adams, South College 

Michael Lanouette, Aviation 

Institute of 

Maintenance/Centura 

College/Tidewater Tech 

State Attorneys General 

 

Adam Welle, Minnesota 

Attorney General’s Office 

Yael Shavit, Office of the 

Massachusetts Attorney 

General 

State Higher Education 

Executive Officers, State 

Authorizing Agencies, and/or 

State Regulators of 

Institutions of Higher 

Education and/or Loan 

Servicers 

Debbie Cochrane, California 

Bureau of Private 

Postsecondary Education 

David Socolow, New Jersey 

Higher Education Student 

Assistance Authority (HESSA) 

Students and Student Loan 

Borrowers 

Ernest Ezeugo, Young 

Invincibles 

Carney King, California State 

Senate 

Two-Year Public Institutions 

of Higher Education 

Dr. Anne Kress, Northern 

Virginia Community College 

William S. Durden, 

Washington State Board for 

Community and Technical 

Colleges 
U.S. Military Service 

Members, Veterans, or 

Groups Representing Them 

Travis Horr, Iraq and 

Afghanistan Veterans of 

America 

Barmak Nassirian, Veterans 

Education Success 

Additional Participants

Two non-voting advisors provided expertise, shared information, and participated in 

discussions during the second session. They were David McClintock, Compliance Auditor, 

McClintock & Associates, P.C., who is a compliance auditor with experience auditing 

institutions that participate in the Title IV, HEA Programs; and Dr. Adam Looney, David 

Eccles School of Business at the University of Utah, who is a Labor economist with experience 

in policy research, accountability, and/or analysis of higher education data. 

Brian Fu from the Department of Education staff gave a presentation to the Committee on 

the topic of Gainful Employment.

Five non-voting Department Office of General Counsel officials Steve Finley, Donna Mangold, 

Denise Morelli, Alejandro Reyes, and Ron Sann were present and participated in discussions 

at various times during Session 3. 

The Agenda

The third session’s agenda included discussion of the following issues in order of 

discussion:

• Issue #1: Ability to Benefit

• Issue #2: Standards of Administrative Capability

• Issue #3: Gainful Employment

• Issue #4: Financial Responsibility

• Issue #5: Changes of Ownership and Control in Control

• Issue #6: Certification Procedures

• Issue #7: Title IV Revenue and Non-Federal Education Assistance Funds 90/10

Discussion of Issues

The Committee discussed the above substantive issues in detail. Discussion of each issue 

began with the Department reviewing the updated issue paper and associated proposed 

regulatory text. For each, Committee members engaged in productive discussion, 

considering draft language, questions, concerns, preferences, and alternatives. 

All issues were discussed during this third session.
Consensus Decision-Making

The Committee engaged in consensus-decision making on each of the seven (7) issues 

separately. Per the protocols, consensus could be reached for some issues, and not others. 

This is what occurred in Session 3. The Committee reached consensus on the following 

issues:

• Issue #1: Ability to Benefit

• Issue #7: Title IV Revenue and Non-Federal Education Assistance Funds 90/10

The Committee did not reach consensus on the following issues:

• Issue #2: Standards of Administrative Capability

• Issue #3: Gainful Employment

• Issue #4: Financial Responsibility

• Issue #5: Changes of Ownership and Control in Control

• Issue #6: Certification Procedures

Public Comment:

There was no public comment for this third session.

Attendance

All the members of the Committee were present for the third session.