U.S. Department of Education 

Affordability and Student Loans Committee 

Negotiated Rulemaking 

Meeting Summary 

December 6-10, 2021 (Third 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 Kevin Hawkins, facilitators 

from the Federal Mediation and Conciliation Service (“FMCS”), briefly reviewed protocols 

around technology, process, and consensus decision-making. 

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 

Mr. Joshua Rovenger, Senior 

Attorney, Legal Aid Society 

of Cleveland 

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

Summary of Session Three – December 6-10, 2021 

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Community of Interest Primary Negotiator Alternate Negotiator 

Consumer Law Center 

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 

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 

State Higher Education 

Executive Officers, State 

Authorizing Agencies, 

and/or State Regulators 

of Institutions of Higher 

Education and/or Loan 

Servicers 

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 

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

Summary of Session Three – December 6-10, 2021 

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Community of Interest Primary Negotiator Alternate Negotiator 

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 

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 

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

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Community of Interest Primary Negotiator Alternate Negotiator 

Department of 

Corrections 

Ms. Anne Precythe, 

Director, Missouri 

Department of Corrections 

**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. 

***Was nominated by Dr. Stanley Andrisse and approved by consensus of the Committee during Session 2. 

Participated in Session 3; abstained from all consensus-decision making except for Issue #12: Pell grant 

eligibility for prison education programs. 

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 

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 education policy analysis and higher education data. 

Three non-voting Department Office of General Counsel officials Steve Finley, 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 

Report and throughout the Committee’s deliberations and question & answer sessions 

around this issue. 

The Prison Education Program Subcommittee’s members, Dr. Stanley Andrisse and Dr. 

Belinda Wheeler presented on the Subcommittee’s recommendation for Issue 12: Pell grant 

eligibility for prison education programs. They were available to answer questions and 

provide information during the Committee’s deliberations on this issue. 

The Agenda 

Issues during Session 3 were addressed in the following order: 

• Issue #1: Total and permanent disability discharge 

• Issue #2: Closed school discharge 

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

• Issue #11: False certification discharge 

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

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

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

Summary of Session Three – December 6-10, 2021 

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• 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 

Discussion of Issues 

During Session 3, the Committee discussed the above substantive issues in detail. Discussion 

of each issue began with the Department reviewing the updated issue paper and associated 

proposed regulatory text. For each, Committee members engaged in productive discussion, 

considering draft language, questions, and alternatives. In addition, for Issue 12: Pell grant 

eligibility for prison education programs, a Subcommittee recommendation was presented. 

Consensus Decision-Making 

The Committee engaged in consensus-decision making on each of the twelve (12) issues 

separately. Per the protocols, consensus could be reached for some issues, and not others. 

This is what occurred in Session 3. The Committee reached consensus on the following 

issues: 

• Issue #1: Total and permanent disability discharge 

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

• Issue #11: False certification discharge 

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

The Committee did not reach consensus on the following issues: 

• Issue #2: Closed school discharge 

• 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 

Public Comment 

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

final day of the Session, Friday, December 10, 2021. Public comments occupied the allotted 

time each day. 

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

Summary of Session Three – December 6-10, 2021 

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