U.S. Department of Education, Affordability and Student Loans Committee Negotiated Rulemaking 1

Summary of Session Two – November 1-5, 2021

U.S. Department of Education 

Affordability and Student Loans Committee 

Negotiated Rulemaking 

Meeting Summary 

November 1-5, 2021 (Second Session)

Welcome

Jennifer Hong, Department of Education’s federal negotiator, welcomed the Affordability and 

Student Loans Committee (“Committee”) members, advisors, and facilitators to the second 

negotiated rulemaking session.

Introductions

The Committee members, advisors, and facilitators introduced themselves.

Review of Negotiated Rulemaking Protocols & Agenda

Commissioners Kayla Mack, Cynthia Jeffries, Brady Roberts, and Emil Totonchi, facilitators from the 

Federal Mediation and Conciliation Service (“FMCS”), reviewed technological, procedural, and 

information-sharing protocols along with the Session Two Agenda. 

Membership

The following individuals are the Members of the Affordability and Student Loans Committee

Negotiated Rulemaking Committee:

Community of Interest Primary Negotiator Alternate Negotiator

Dependent Students

Ms. Dixie Samaniego, 

Student, California State 

University

Mr. Greg Norwood, Engagement 

Manager, Young Invincibles

Independent Students

Ms. Michaela Martin, 

Student, University of La 

Verne College of Law

Dr. Stanley Andrisse, Assistant 

Professor, Howard University 

College of Medicine

Student Loan Borrowers

Ms. Jeri O’Bryan-Losee, 

Statewide SecretaryTreasurer, United 

University Professions

Ms. Jennifer Cardenas, Sponsor 

Coordinator Assistant, Latinx Kid 

Lit Book Festival

Legal Assistance 

Organizations that 

represent Student and/or 

Borrowers

Ms. Persis Yu, Director of 

the Student Loan Borrower 

Assistance Project, National 

Consumer Law Center

Mr. Joshua Rovenger, Senior 

Attorney, Legal Aid Society of 

Cleveland
U.S. Department of Education, Affordability and Student Loans Committee Negotiated Rulemaking 2

Summary of Session Two – November 1-5, 2021

Community of Interest Primary Negotiator Alternate Negotiator

U.S. Military Service 

Members, Veterans, or 

Groups representing 

them

Mr. Justin Hauschild, Legal 

Fellow, Student Veterans of 

America

Ms. Emily DeVito, Associate 

Director, The Veterans of Foreign 

Wars of the United States

States Attorneys General

Mr. Joseph Sanders, 

Supervising Attorney, 

Illinois Attorney General’s 

Office

Mr. Eric Apar, Assistant Deputy 

Director, Policy and Strategic 

Planning of New Jersey’s 

Department of Consumer Affairs

State Higher Education 

Executive Officers, State 

Authorizing Agencies, 

and/or State Regulators 

of Institutions of Higher 

Education and/or Loan 

Servicers

Dr. David Tandberg, Senior 

Vice President for Policy 

Research and Strategic 

Initiatives, State Higher 

Education Executive 

Officers Association

Ms. Suzanne Martindale, Senior 

Deputy Commissioner, California 

Department of Financial 

Protection & Innovation

Individuals with 

Disabilities or Groups 

representing them

Ms. Bethany Lilly, Senior 

Director of Income Policy, 

the Arc of the United States

Mr. John Whitelaw, Advocacy 

Director, Community Legal Aid 

Society, Inc.

Financial Aid 

Administrators at 

Postsecondary 

Institutions

Mr. Daniel Barkowitz, 

Assistant Vice President of 

Financial Aid and Veterans’ 

Affairs, Valencia College

Ms. Alyssa A. Dobson, Director of 

Financial Aid and Scholarships, 

Slippery Rock University

Two-Year Public 

Institutions of Higher 

Education

Dr. Robert Ayala, Division 

Chair Arts and Sciences, 

Southwest Texas Junior 

College

Dr. Christina Tangalakis, Associate 

Dean, Student Financial Aid, 

Glendale Community College

Four-Year Public 

Institutions of Higher 

Education

Dr. Marjorie DorimeWilliams, Assistant 

Professor, University of 

Missouri, College of 

Education

Ms. Rachelle Feldman, Interim 

Vice Provost of Enrollment and 

Associate Provost of Scholarships 

and Student Aid, University of 

North Carolina at Chapel Hill
U.S. Department of Education, Affordability and Student Loans Committee Negotiated Rulemaking 3

Summary of Session Two – November 1-5, 2021

Community of Interest Primary Negotiator Alternate Negotiator

Private Nonprofit 

Institutions of Higher 

Education

Ms. Misty Sabouneh, 

Assistant Vice President of 

Financial Literacy and 

Integrity, Southern New 

Hampshire University

Dr. Terrence McTier, Jr., Director 

of the Prison Education Project, 

Washington University

Proprietary Institutions

Ms. Jessica Barry, President 

and Owner, The Modern 

College of Design in 

Kettering, Ohio

Dr. Carol Colvin, Senior Vice 

President of Financial Aid, South 

College

Minority- Serving 

Institutions

Ms. Noelia Gonzalez, Interim 

Systemwide Director, Financial 

Aid Programs, California State 

University ***

Federal Family Education 

Loan (FFEL) Lenders 

and/or Guaranty Agencies

Ms. Jaye O’Connell, Director 

of Collections, Compliance 

& Information Security 

Officer, Vermont Student 

Assistance Corporation

Mr. Will Shaffner, Director of 

Business Development & 

Government Relations, MOHELA 

(Higher Education Loan Authority 

of the State of Missouri)

Accrediting Agencies

Dr. Heather Perfetti, 

President, Middle States 

Commission on Higher 

Education

Dr. Michale McComis, Executive 

Director, Accrediting Commission 

of Career Schools and Colleges 

U.S. Department of 

Education

Dr. Jennifer Hong, Director, 

Policy Coordination Group, 

Division of Policy, Planning 

and Innovation, Office of 

Postsecondary Education,

Department of Education

***Primary negotiator for Minority-Serving Institutions withdrew at the start of Session 1; Alternate negotiator, 

Noelia Gonzalez, indicated that she could represent the constituency without replacing that member. She has 

continued to do so.

Additional Participants

Two non-voting advisors that presented to the Committee and participated in the discussion were

Ms. Heather Jarvis, Executive Director of Fosterus, who provided expertise on qualifying employers 

on the topic of Public Service Loan Forgiveness; and Dr. Rajeev Darolia, Professor of Public Policy 

and Economics, University of Kentucky, who provided expertise on economic and/or higher 
U.S. Department of Education, Affordability and Student Loans Committee Negotiated Rulemaking 4

Summary of Session Two – November 1-5, 2021

education policy analysis and higher education data. 

Three non-voting Department Office of General Counsel officials, Brian Siegel, Todd Davis, and 

Soren Lagaard were present and participated in discussions at various times during Session Two. 

Aaron Washington of the Office of Postsecondary Education and participant in the Prison Education 

Program Subcommittee, addressed the Committee during the Subcommittee’s presentation.

Petitions for Membership

Dr. Stanley Andrisse proposed adding Ms. Anne Precythe as an additional Affordability and Student 

Loans Committee Member, and an additional Prison Education Programs Subcommittee Member. 

The Committee, through consensus decision-making, elected to add Ms. Precythe to the Committee 

and Subcommittee. Ms. Precythe accepted her membership to the Subcommittee. 

The Agenda

The Second Session Agenda included the following order of issues:

• Issue #12:Pell grant eligibility for prison education programs

• Issue #1: Total and permanent disability discharge

• Issue #2: Closed school discharge

• Issue #3: Eliminate interest capitalization for non-statutory capitalization events

• Issue #4: Improving the Public Service Loan Forgiveness (PSLF) Application Process

• Issue #5: PSLF employer eligibility and full-time employment

• Issue #6: Borrower defense to repayment – adjudication process

• Issue #7: Borrower defense to repayment – post-adjudication

• Issue #8: Borrower defense to repayment – recovery from institutions

• Issue #9: Pre-dispute arbitration

• Issue #10:Creating a new income-drive repayment plan

• Issue #11:False certification discharge

Discussion of Issues and Subcommittee Reports

During the session, the Committee discussed the above substantive issues in detail. First, Dr. Stanley 

Andrisse and Dr. Belinda Wheeler presented a report, and answered questions, on behalf of the 

Prison Education Programs Subcommittee. Discussion of each additional issue began with the 

Department reviewing the updated issue paper and associated proposed regulatory text. Then, 

Committee members engaged in productive discussion, considering draft language, questions, and 

alternatives. 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. The Committee 
U.S. Department of Education, Affordability and Student Loans Committee Negotiated Rulemaking 5

Summary of Session Two – November 1-5, 2021

heard comments from the public each day of the session.

Next Meeting

Session Three will be held virtually during the week of December 6-10, 2021.

Next Steps

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

third session. In addition, the Department will distribute draft regulatory text in advance of Session 

Three. Any documents or information that members seek to share with the Department, or the 

Committee as a whole, should be sent to the facilitators for subsequent distribution. The Committee 

members should also visit the Department’s Affordability and Student Loans Committee webpage 

to review updated issue papers, proposed regulatory text changes, and other information.

Attendance

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