U.S. Department of Education, Institutional and Programmatic Eligibility Negotiated Rulemaking 1

Summary of Session One – January 18-21, 2022

U.S. Department of Education

Institutional and Programmatic Eligibility Committee

Negotiated Rulemaking

Meeting Summary

January 18-21, 2022 (First Session)

Welcome

Department of Education Under Secretary of Education James Kvaal welcomed and thanked 

the Institutional and Programmatic Eligibility Committee (“Committee”) members for 

agreeing to assist the Department in developing the proposed regulations. 

Gregory Martin, Department of Education’s federal negotiator, welcomed the 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), explained and 

reviewed the negotiated rulemaking process, the virtual meeting technology, the protocols, 

consensus, and how to submit information requests to the advisors via the FMCS team

Review and Adopt Protocols

 

The Committee approved the organizational protocols. 

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 
U.S. Department of Education, Institutional and Programmatic Eligibility Negotiated Rulemaking 2

Summary of Session One – January 18-21, 2022

Community of Interest Primary Negotiator Alternate Negotiator 

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 
U.S. Department of Education, Institutional and Programmatic Eligibility Negotiated Rulemaking 3

Summary of Session One – January 18-21, 2022

Community of Interest Primary Negotiator Alternate Negotiator 

 

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 spoke and presented to the Committee. At various times 

throughout the week, they participated in discussions and shared information. 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. 

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 1. 

Petitions for Membership

Amanda Martinez, Senior Education Policy Analyst at Unidos US, was nominated by Mr. 

Johnson Tyler and approved by consensus of the Committee during Session 1 Day 1 to 

participate as a negotiator to represent Civil Rights Organizations for the duration of the 

Negotiated Rulemaking. 

Michael Almond was nominated by Mr. Bradley Adams but not approved by consensus of the 

Committee during Session 1 Day 1 to participate as a negotiator to represent Proprietary 

Institutions.

Susan Menditto, Director of Accounting Policy for the National Association of College and 

University Business Officers (NACUBO) was nominated by Mr. Emmanual Guillory but not 

approved by consensus of the Committee during Session 1 Day 2 to participate as a nonvoting advisor. 
U.S. Department of Education, Institutional and Programmatic Eligibility Negotiated Rulemaking 4

Summary of Session One – January 18-21, 2022

The Agenda

The first 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 Chance

• 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 each issue paper and associated proposed solutions 

and/or questions. Committee members had the opportunity to pose additional questions as 

well as offer their interests, concerns, and preferences relative to each issue. Temperature 

checks for tentative agreement were taken, where appropriate, regarding the proposed text 

and/or concepts with respect to each issue. 

Public Comment

 

The Committee provided opportunity for public comment at the end of each day. Public 

comment was received virtually on all four days of the session.

Next Meeting 

The next meeting will be held virtually February 14-18, 2022.

Next Steps

The facilitators will distribute a draft summary of the session, and a draft agenda for the 

next session. In addition, the Department will distribute draft regulatory text related to the 

issues discussed one week prior to the February session. Any documents or information 

that members want to share with the Department, or the Committee as a whole, should be 

sent to the facilitators for subsequent distribution. Additionally, any questions or 

information requests that members have should be directed to the facilitators. The 

Committee members should also visit the Department’s Institutional and Programmatic 

Eligibility Committee webpage to review the updated issues papers, proposed regulatory 

text changes, and other information.

Committee members will communicate with others within their communities of interest to 

inform and get feedback from them.
U.S. Department of Education, Institutional and Programmatic Eligibility Negotiated Rulemaking 5

Summary of Session One – January 18-21, 2022

Attendance

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