U.S. Department of Education 

Higher Education Opportunity Act 

Negotiated Rulemaking 

Meeting One Summary 

Team I – Program Integrity Issues 

November 2-6, 2009 

Welcome

Carney McCollough, and Fred Sellers, Negotiators for the Department of Education, and Dan 

Madzelan, delegated to perform the functions of the Assistant Secretary for Postsecondary 

Education, 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). 

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

proposed rule to implement the HEOA. 

Review and Adopt Protocols 

Team members discussed and adopted organizational protocols, which will govern the Team’s 

activities throughout the negotiated rulemaking process. 

Membership

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

Primary members were proposed and discussed. The following negotiators on the initial list of 

nominated members were presented and accepted: 

Community of Interest Primary Alternate 

Students Rich Williams 

US PIRG 

Angela Peoples 

USSA 

Consumer Advocacy 

Organizations 

Margaret Reiter 

Consumer Law Attorney 

Deanne Loonin 

National Consumer Law 

Center 

2-year Public Institutions Richard Heath 

Anne Arundel CC 

Joan Zanders 

Northern Virginia CC 

4-year Public Institutions Phil Asbury 

UNC-Chapel Hill 

Joe Pettibon 

Texas A & M University 

Private, Nonprofit 

Institutions 

Todd Jones 

AICUO 

Maureen Budetti 

NAICU 

Private, For-Profit 

Institutions 

Elaine Neely 

Kaplan Higher Education 

Corp. 

David Rhodes 

School of Visual Arts 

Approved – 12/07/09 

1
College Presidents Terry Hartle 

ACE 

Admissions Officers David Hawkins 

NACAC 

Business Officers Susan Williams 

Mercy College 

Anne Gross 

NACUBO 

Financial Aid 

Administrators 

Val Meyers 

Michigan State University 

Joan Berkes 

NASFAA 

Regional/Programmatic 

Accreditors 

Barbara Brittingham 

Commission on Institutions of 

Higher Education of the New 

England Association of Schools 

and Colleges 

Sharon Tanner 

National League for Nursing 

Accrediting Commission 

National Accreditors Anthony Mirando 

NACCAS 

Workforce Development Jim Simpson 

Florida State College 

Lending Community 

Representative 

Carol Lindsey 

Texas Guaranteed Student 

Loan Corporation 

Janet Dodson 

National Student Loan 

Program 

U.S. Department of 

Education 

Carney McCullough, and 

Fred Sellers 

The following Primary negotiators were proposed and accepted. 

Community of Interest Primary Alternate 

Test Publishers Chris Young 

Wonderlic, Inc. 

Dr. David Waldschmidt 

Wonderlic, Inc. 

The following Alternate negotiators were proposed and accepted. 

Community of Interest Alternate 

College Presidents Bob Moran 

AASCU 

Admissions Officers Amanda Modar 

NACAC 

Regional/Programmatic 

Accreditors 

Ralph Wolff 

(Second Alternate to Sharon Tanner) 

National Accreditors Michale McComis 

ACCSC 

Workforce Development Susan Lehr 

Florida State College 

Approved – 12/07/09 

2
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 

11. Retaking Coursework 

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 first day. 

Logistics

The second session of Team I is scheduled for December 7-11, 2009, with the following 

schedule: 

Monday: 1:00 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 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 the Team that 

reflect the workshop discussions of this first session. The facilitators will distribute the approved 

Organizational Protocols, a Team Contact List, Agenda for the second meeting, and Draft 

Meeting Summary of the first meeting. 

Approved – 12/07/09 

3
Approved – 12/07/09 

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 

David Waldschmidt 

Rich Williams 

Susan Williams 

Ralph Wolff 

Chris Young 

Joan Zanders 

U.S. Department of 

Education:

Carney McCullough 

Fred Sellers 

Facilitators:

Chip Cameron 

Albert Palacios 

Craig Bagemihl