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

Summary of Session One – October 4-8, 2021

U.S. Department of Education

Affordability and Student Loans Committee

Negotiated Rulemaking

Meeting Summary 

October 4-8, 2021 (First Session)

Welcome 

Department of Education Under Secretary of Education James Kvaal thanked the Committee 

members for agreeing to assist the Department in developing the proposed regulations.

Introductions 

The Committee members, advisors, and facilitators introduced themselves.

Overview of the Negotiated Rulemaking Process 

Commissioners Kayla Mack, Cynthia Jeffries, Brady Roberts, and Emil Totonchi, 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 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
U.S. Department of Education, Affordability and Student Loans Committee Negotiated Rulemaking 2

Summary of Session One – October 4-8, 2021

Community of Interest Primary Negotiator Alternate Negotiator

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. 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
U.S. Department of Education, Affordability and Student Loans Committee Negotiated Rulemaking 3

Summary of Session One – October 4-8, 2021

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

*After the primary negotiator for Minority-Serving Institutions withdrew, the alternate negotiator indicated 

that she could represent the constituency without replacing that member.
U.S. Department of Education, Affordability and Student Loans Committee Negotiated Rulemaking 4

Summary of Session One – October 4-8, 2021

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 is providing 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 is providing expertise 

in economic and/or higher education policy analysis and higher education data. The 

advisors commented on several issues, presented data, and are working to respond to 

various requests from the Committee members. 

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

were present and participated in the discussions.

Two other Department officials – Ian Foss of the Federal Student Aid office and Aaron 

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

Education Program Subcommittee – addressed the Committee during the first session.

Petitions for Membership 

Ms. Yu proposed adding Theresa Sweet as an additional student loan borrower 

committeeperson and Jaylon Herbin to represent consumer advocates. Mr. Norwood also 

proposed adding Evelyn Cervantes and Ashley Pizzuti – student loan borrowers who

attended for-profit institutions – as Committee members. The Committee elected not to 

include these four individuals as Committee members or advisors. 

The Agenda 

The first session’s agenda included discussion of the following issues:

• 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

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

Ms. Yu proposed adding the two issues to the agenda: 1) Create additional pathways out of 

default, and 2) Eliminate the acceleration clause and limit involuntary collection to the 
U.S. Department of Education, Affordability and Student Loans Committee Negotiated Rulemaking 5

Summary of Session One – October 4-8, 2021

income-driven repayment amount. No consensus vote was taken during the first session as

the Committee agreed to further consider options for addressing these matters.

Discussion of Issues 

The Committee discussed the above substantive issues in detail. Discussion of each topic 

began with the Department reviewing each issue paper and associated proposed solutions 

and/or questions. Then, 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 five days of the session. 

Next Meeting 

The next meeting will be held virtually November 1-5, 2021.

Next Steps 

The facilitators will distribute a draft summary of the first 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 November 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 Affordability and Student Loans 

Committee webpage to review updated issue 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.

Attendance 

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