U.S. Department of Education 

Negotiating Committee— Accreditation and Innovation

2019

DRAFT Organizational Protocols 

I. Mission Statement 

The U.S. Department of Education has established this negotiated rulemaking committee to 

develop proposed student financial assistance regulations pursuant to Sec. 492 of the Higher 

Education Act of 1965, as amended (HEA). 

II. Participation

A. The committee consists of the following members:

US Department of Education Annmarie Weisman Federal Negotiator

Sally Morgan Office of General Counsel

Facilitators Ramona Buck 

Christy Yoshitomi

Krystil Smith

Community of Interest Primary Negotiator Alternate Negotiator

Students Joseph Verardo John Castellaw

National Association University of Arizona

of GraduateProfessional 

Students

Legal assistance organizations Robyn Smith Lea Wroblewski

that represent students Legal Aid Foundation Legal Aid of Nebraska

of Los Angeles

Minority-serving institutions Ernest McNealey Erin Hill Hart

Allen University North Carolina A & T

State University 

Four-year public institutions of David Dannenberg Tina Faulkner

higher education University of Alaska, University of Minnesota

Anchorage 

Private, nonprofit institutions of Terry Hartle Ashley Ann Reich

higher education American Council Liberty University

on Education
Private, proprietary institutions of Jillian Klein Fabian Fernandez

higher education Strategic Education, Schiller International 

Inc. University

Faith-based institutions of Steven Sandberg David Altshuler

higher education Brigham Young San Francisco

University Theological Seminary

Two-year public institutions of Christina Amato Daniel Phelan

higher education Sinclair College Jackson College

Institutions of higher education William Pena M. Kimberly Rupert

primarily offering distance Southern New Spring Arbor University

education Hampshire University

Financial aid administrators at Susan Hurst Karen McCarthy

postsecondary institutions Ouachita Baptist National Association of 

University Student Financial Aid 

Adminstrators

Regional Accreditation Agencies Barbara Gellman- Elizabeth Sibolski

Danley Middle States Commission

Higher Learning on Higher Education 

Commission

Programmatic Accreditation Laura King Janice Knebl

Agencies Council on Education American Osteopathic

for Public Health Association Commission on 

Osteopathic College 

Accreditation

National Accreditation Agencies Michale S. McComis India Y. Tips

Accrediting Accrediting Bureau of

Commission of Health Education Schools 

Career Schools and 

Colleges

Employers Edgar McCulloch Shaun Kelleher

IBM Corporation BAM Technologies

Veterans Daniel Elkins Elizabeth Bejar

Enlisted Association Florida International

Of the National University 

Guard of the U.S. 
State Higher Education David Tandberg

Executive Officers (SHEEO) SHEEO

B. The primary member will participate for the purpose of determining consensus. The 

alternate will participate for the purpose of determining consensus in the absence of the 

member. 

C. The alternate may be at the table by subtopic as long as the subtopic is clearly specified.

D. With approval by a consensus of the committee, individuals, including specialists, who are 

invited by a member, may participate in committee or subcommittee meetings as needed 

and appropriate, but are not members of the committee. 

E. The committee may add members. Requests for membership must be approved by a 

consensus of the committee under such conditions as the committee establishes at the 

time. New members may begin to participate immediately upon admission to membership. 

F. Subcommittees may be formed by the Department or the committee to address specified 

issues and to make recommendations to the committee. Subcommittees are not authorized 

to make decisions for the committee. Subcommittee meetings will be open to any member 

of the committee and may be held between the meetings of the committee. All committee 

members will be notified of all subcommittee meetings. 

G. Upon the initiation by any member in writing and after consultation with the facilitators, the 

Secretary may remove a member she determines is not acting in good faith in accordance 

with paragraph VI C of these protocols. In such a case, the Secretary will provide an 

explanation in writing to the member and the committee. 

H. The Secretary may remove any member who ceases to be employed by or be associated 

with the community of interests the individual was chosen to represent. 

III. Decision Making 

A. The committee will operate by consensus, meaning that there must be no dissent by any 

member in order for the committee to be considered to have reached agreement. Thus, no 

member can be outvoted. Members should not block or withhold consensus unless they 

have serious reservations about the approach or solution that is proposed for consensus. 

Absence will be equivalent to not dissenting. 

B. The Department will identify issues to be grouped together for purposes of reaching 

consensus, with the opportunity to discuss and the Department to change the groupings 

during the course of the proceedings.

C. All agreements reached during the negotiations will be assumed to be tentative agreements 

until members of the committee reach final agreement on regulatory language. Once 

consensus is achieved in the final vote for each issue group, committee members may not 

thereafter withdraw their consensus. 
IV. Agreement 

A. The goal of the committee is to develop proposed regulations that reflect a final consensus 

of the committee. If consensus is reached on the proposed regulations, the Department will 

provide a preamble, consistent with the proposed regulations, to the members of the 

committee for review and comment prior to publication of the proposed regulations. The 

Department is not required to adopt or respond to the committee members' comments on

the preamble. 

B. If the committee reaches consensus on regulations that have been grouped together by the 

Department, the Department will use this consensus-based language in its proposed 

regulations, and committee members and the organizations whom they represent will 

refrain from commenting negatively on the consensus-based regulatory language, except as 

provided in paragraph IV C. 

C. The Department will act in good faith with regard to consensus reached and will not 

substantively alter the consensus-based language of its proposed regulations unless the 

Department reopens the negotiated rulemaking process or provides a written explanation 

to the committee members regarding why it has decided to depart from that language. 

That written explanation will contain a detailed statement of the reasons for altering the 

consensus-based language and will be provided to the committee members sufficiently in 

advance of the publication of the proposed regulations so as to allow them a real 

opportunity to express their concerns to the Department. If the Department alters 

consensus-based language, it also will identify the changes made subsequent to consensus 

in the preamble to the proposed regulations, and committee members may comment 

positively or negatively on those changes and on other parts of the proposed regulations.

V. Committee Meetings 

A. The facilitator(s) will maintain a clear and reliable record of tentative and final agreements 

reached during the negotiation process, as well as discussions of preamble language. The 

draft meeting summaries will be provided to members, who may share them with others 

within their community of interests. After review and approval by the committee, this 

record will be made available to the public. 

B. The Department will make every effort to distribute materials to committee members in a 

timely fashion. To the extent practicable, the Department will provide members with 

documents for discussion at committee meetings at least seven days in advance of the 

meetings. 

C. Any member may request a caucus through the facilitator(s) at any time for the purpose of 

consultation. 

D. The facilitator(s) will be responsible for developing an agenda for all meetings of the 

committee. This agenda will be developed in consultation with the members of the 

committee. 
E. All committee meetings, but not subcommittee meetings or caucuses, are open to the 

public. Subcommittee meetings will be livestreamed to provide access to the public.

F. Committee members will refrain from posting to social media while negotiations are 

underway. Committee members may post to social media during official breaks.

VI. Safeguards for Members 

A. Any member may withdraw from the negotiations at any time without prejudice, by 

notifying the facilitator(s) in writing. 

B. Any member whose employment changes during the negotiations will notify the 

Department of that change. The Department will determine if they are still an appropriate 

representative of the constituency for which they were selected.

C. All members and the organizations they represent shall act in good faith in all aspects of 

these negotiations. 

D. Contact with the media, the investment community, and other organizations outside the 

community of interest represented by the member will generally be limited to discussion of 

the overall objectives and progress of the negotiations. Members will refrain from 

characterizing the views, motives, and interests of other members regarding negotiated 

rulemaking during contact with the media, the investment community, other organizations 

outside the community of interest represented by the member, and to the general public

including, but not limited to, through social media. 

VII. Meeting Facilitation

A. The facilitator(s) will serve at the discretion of the committee, and will be responsible for 

helping to ensure that the process runs smoothly, developing meeting agendas, preparing 

and distributing a record of agreements, and helping the parties resolve their differences 

and achieve consensus on the issues to be addressed by the committee. 

B. The facilitator(s) will be available to facilitate all meetings of the full committee and, to the 

extent possible, subcommittee meetings and caucuses.