# U.S. Department of Education

# Gainful Employment

# 2017-2018

# 

# Meeting Summary

# December 4-7, 2017

**Welcome**

Kathleen Smith, Acting Assistant Secretary for Post-Secondary Education, on behalf of Secretary Betsy DeVos, welcomed the Gainful Employment Negotiated Rulemaking Committee (“Committee”) and thanked them for agreeing to assist the Department in developing the proposed regulations.

**Introductions**

The Committee members and facilitators introduced themselves. 

**Overview of the Negotiated Rulemaking Process**

Commissioners Ramona Buck, Rozmyn Miller, and Javier Ramirez, facilitators from the Federal Mediation and Conciliation Service (FMCS), explained the negotiated rulemaking process, consensus, and the roles of both the facilitators and negotiators. 

**Review and Adopt Protocols**

The Committee approved the organizational protocols, as proposed, which will govern the Committee’s activities throughout the negotiated rulemaking process. 

**Membership**

Members of the Gainful Employment Committee:

**Petitions for Membership**

· The Committee approved a petition to add Mark McKenzie from the Accrediting Agencies community of interest to the Committee.

· The Committee approved a petition to add Thelma Ross and John Pierre from the Minority Serving Institutions community of interest to the Committee. 

· The Committee denied a petition to add Joan Zanders from the Minority Serving Institutions community of interest to the Committee. 

**Finalize the Agenda**

The committee approved the following eight issues to comprise the scope of issues to be negotiated:

1. Scope and Purpose

2. Gainful Employment Metrics

3. Debt Calculations

4. Sanctions

5. Alternate Earnings Appeals

6. Program Disclosures

7. Reporting Requirements

8. Certification Requirements

All eight issues are further developed in the Issue Papers provided to the Committee by the Department prior to the meeting. 

**Discussion of Issues**

The Committee discussed the eight aforementioned substantive issues in detail. Discussion of each topic began with the Department reviewing each issue paper and associated questions. Then, Committee members had the opportunity to pose additional questions as well as offer their interests, concerns, and preferences relative to each issue. 

**Additional Participants**

Throughout the four-day meeting, Cynthia Hammond, U.S. Department of Education, provided clarifying information to the Committee. 

# Public Comment

# Opportunities were provided each meeting day for members of the public in attendance to provide comments.  Public comments were made on each day of the meeting.

# 

# Next Meeting

# The next Committee session will be held February 5th through 8th, 2018.

**Next Steps**

The Facilitators will distribute a draft summary of the meeting, and a draft agenda for the next meeting.  In addition, the Department will distribute draft regulatory text related to the issues discussed prior to the next negotiation. Any information that members want to share with the Department, or the Committee as a whole, should be sent to the facilitators. Additionally, any questions member have may be directed to the facilitators. 

**Attendance**

DRAFT

All groups were represented by their members or alternates for all of the session. 

U.S. Department of Education, Gainful Employment Negotiated Rulemaking

2

Summary of Meeting One – December 4 -7, 2017

Draft – 1/2018