### Final Regulations

      - Overview of Final Institutional Accountability Regulations [ **PDF**, 183K ]
      -  Borrower Defense Institutional Accountability [ **PDF**, 3M ]**Note:** This is an unofficial version.  The official version will be published in the Federal Register.

### Notice of Proposed Rulemaking (NPRM)

      - Overview of Proposed Institutional Accountability Regulations [ **MS Word**, 81K ]
      -  Borrower Defense Institutional Accountability [ **PDF**, 1.9M ]**Note:** This is an unofficial version of the Notice of Proposed Rulemaking.  The official version will be published in the Federal Register.

This Web page contains  information about our rulemaking efforts on borrower defenses and financial  responsibility. For more information about our negotiated rulemaking efforts in  2017-2018, including related Federal Register notices and transcripts from our  public hearings, please see our general information page

For more information about negotiated rulemaking in general,  please see our question  and answer page.

**Committee Meeting Information**

All sessions will run from 9:00 a.m. to 5:00 p.m., unless otherwise indicated. 

Committee meetings are open to the public.

**Committee Members**List of negotiators MS Word (47K)

**Session 1: November 13-15, 2017**

The  Holiday Inn Washington Capitol      550 C Street, SW      Congressional II Room      Washington, DC 20024

**Session 2: January 8-11, 2018**

The U.S.  Department of EducationUnion Center  Plaza (UCP) Learning Center830 First Street  NE., Lobby LevelWashington, DC 20002

**Session 3: February 12-15, 2017**
The U.S. Department of Education      Barnard Auditorium      400 Maryland Ave., SW      Washington, DC 20202

### Session 1 

Meeting Summary, as accepted: PDF (372 K)

**Transcripts and Audio Recordings of Negotiation Session 1:**

- Monday, November 13, 2017 - unavailable
- Tuesday, November 14, 2017:           - Transcript      PDF   (644K)
  - Audio: Part 1   MP3  (62M), Part 2  MP3  (71M), Part 3  MP3  (77M), Part4  MP3  (32M), Part5  MP3  (84M) 
- Wednesday, November 15, 2017          - Transcript     PDF  (536K)
  - Audio: Part 1   MP3  (58M), Part 2  MP3  (68M), Part 3  MP3  (71M), Part 4  MP3  (37M), Part 5  MP3  (45M) 

**Materials that the Department provided to the negotiating committee prior to Session 1:**

- Agenda:     MS Word  (17K)
- Protocols (accepted):     MS Word  (55K)
- Issue Paper #1 – Federal Standard:       MS Word  (34K)
- Issue Paper #2 – Process:    MS Word  (31K)
- Issue Paper #3 – Financial Responsibility and Adminstrative Capability:    MS Word  (31K)
- Issue Paper #4 – Pre-dispute Arbitration Agreements, Class Action Waivers, and Internal Dispute Processes:    MS Word  (32K)
- Issue Paper #5 - Closed School Discharge:    MS Word  (31K)
- Issue Paper #6 – False Certification Discharge:    MS Word  (31K)
- Issue Paper #7 – Guaranty Agency Collection Fees:    MS Word  (31K)
- Issue Paper #8 – Subsidized Usage Period Recalculation:    MS Word  (32K)
- Financial Responsibility Subcommittee Issue Paper #1 – Financial Statements:    MS Word  (36K)
- Financial Responsibility Subcommittee Issue Paper #2 – Leases:    MS Word  (32K)

**Materials handed out during session 1 by the committee:**

- Written Comment: Distance Education Accrediting Commission, Submitted by: Walter Ochinko, Policy Director, Veterans Education Success and William Hubbard, VP for Government Affairs, Student Veterans of America:     MS Word  (32K)
- State Attorneys General and Federal Agency Settlements with Schools, Submitted by: Walter Ochinko, Policy Director, Veterans Education Success and William Hubbard, VP for Government Affairs, Student Veterans of America:     MS Word  (24K)
- Issue Paper #1 – Comments, Prepared and distributed by Legal Assistance Organizations:      MS Word  (218K)
- Comments on Notice of Intent to Establish Negotiated Rulemaking Committees, (originally submitted through regulations.gov), Docket ID ED–2017–OPE–0076, submitted by Kimberly Brown:    MS Word  (31K)
- Comment on Notice of Proposed Rulemaking, Borrower Defense to Repayment Regulations (originally submitted through regulations.gov), Docket ID ED-2015-OPE-0103, submitted by Kimberly Brown:    MS Word  (350K)
- ITT Letter to Complainant, Submitted by Walter Ochinko:   MS Word  (204K)
- Section on Recruiting from 2012 Senate HELP Report on For-Profit Schools, Submitted by Walter Ochinko

### Session 2 

Meeting Summary, as accepted: PDF (245K)

**Transcripts and Audio Recordings of Negotiation Session 2:**

- Monday, January 8, 2018:           - Transcript      MS Word  (171K)
  - Audio: Part 1   MP3  (58M), Part 2  MP3  (68M), Part 3  MP3  (71M), Part4  MP3  (37M), Part5  MP3  (45M) 
- Tuesday, January 9, 2018:           - Transcript      MS Word  (162K)
  - Audio: Part 1   MP3  (75M), Part 2  MP3  (84M), Part 3  MP3  (53M), Part4  MP3  (53M)  Wednesday, January 10, 2018:        - Transcript      MS Word  (167K)
- Audio: Part 1   MP3  (67M), Part 2  MP3  (76M), Part 3  MP3  (73M), Part 4  MP3  (71M), Part 5  MP3  (55M)
  Thursday, January 11, 2018:      - Transcript     MS Word  (176K)
- Audio: Part 1    MP3  (58M), Part 2  MP3  (52M), Part 3  MP3  (47M), Part 4  MP3  (94M), Part 5  MP3  (82M)
   **Materials that the Department provided to the negotiating committee prior to Session 2:**    - Agenda:     MS Word  (36K)
  - Issue Paper #1 – Federal Standard:      MS Word  (44K)
  - Issue Paper #2 – Process:    MS Word  (55K)
  - Issue Paper #3 – Financial Responsibility and Administrative Capability:    MS Word  (38K)
  - Issue Paper #4 – Pre-dispute Arbitration Agreements, Class Action Waivers, and Internal Dispute Processes:    MS Word  (41K)
  - Issue Paper #5 - Closed School Discharge:    MS Word  (47K)
  - Issue Paper #6 – False Certification:    MS Word  (42K)
  - Issue Paper #7 – Guaranty Agency Collection Fees:    MS Word  (37K)
  - Issue Paper #8 – Subsidized Usage Period Recalculation:    MS Word  (28K)  **Materials handed out during  Session 2 by the Department:**    - James Manning's Opening Remarks, 1/8/18  :  MS Word  (26K)
  - Report from Financial Subcommittee, submitted 1/8/18:    PDF  (570K)
  - Borrower Defense Claims Data Analysis, 1/11/18:   MS Word  (158K)
  - Data Sheet A:   MS Word  (22K)
  - Data Sheet B:   MS Word  (21K)
  - Data Sheet C:   MS Word  (23K)
  - Data Sheet D:   MS Word  (30K)
  - Data Sheet E:    MS Word  (23K)
  - Data Sheet F:   MS Word  (34K)
  - Department of Justice Brief on Arbitration:   PDF  (345K)  **Materials handed out during  Session 2 by the Committee:**    - Attestation for Certain Heald College Students, submitted by Chris DeLuca, 1/8/18:    PDF  (58K)
  - Proposed Language, submitted by Alyssa Dobson, 1/9/18:   MS Word  (13K)
  - Article II Early Complaint Resolution and Rapid Resolution Process, submitted by Chris DeLuca, 1/10/18:    PDF  (100K)
  - Issue Paper 2 Revisions, submitted by Chris DeLuca, 1/10/18:   MS Word  (55K)
  - Issue Paper 1 comments, submitted by students, consumer, legal aid and veteran committee members, 1/11/18:   PDF  (142K)
  - Email on SEC language, submitted by Linda Rawles, 1/11/18:   MS Word  (14K)
  - Issue Paper 7 comments, submitted by Jaye O'Connell, 1/11/18:   MS Word  (41K)    Session 3   Meeting Summary: MS Word (23K)  **Transcripts and Audio Recordings of Negotiation Session 3:**    - Monday, February 12, 2018:             - Transcript      PDF   (891K)
    - Audio: Part 1   MP3  (89M), Part 2  MP3  (28M), Part 3  MP3  (14M), Part 4  MP3  (67M), Part 5  MP3  (41M), Part 6  MP3  (91M) 
  - Tuesday, February 13, 2018:             - Transcript      PDF   (797K)
    - Audio: Part 1   MP3  (77M), Part 2  MP3  (97M), Part 3  MP3  (77M), Part 4  MP3  (79M) 
  - Wednesday, February 14, 2018:             - Transcript      PDF   (759K)
    - Audio: Part 1   MP3  (62M), Part 2  MP3  (71M), Part 3  MP3  (77M), Part 4  MP3  (32M) 
  - Thursday, February 15, 2018:           - Transcript     PDF  (712K)
    - Audio: Part 1   MP3  (92M), Part 2  MP3  (88M), Part 3  MP3  (60M)  **Materials that the Department provided to the negotiating committee prior to Session 3:**    - Agenda:     PDF  (202K)
  - Issue Paper #1 – Federal Standard:   PDF  (307K)
  - Issue Paper #2 – Process:   PDF (336K)
  - Issue Paper #3 – Financial Responsibility and Administrative Capability:    PDF  (405K)            - Appendix A - Proprietary Schools:    PDF  (227K)
    - Appendix B - Non-Profit Schools:    PDF  (402K)
    - Appendix B - Examples:   PDF  (235K) 
  - Issue Paper #4 – Pre-dispute Arbitration Agreements, Class Action Waivers, and Internal Dispute Processes:    PDF  (335K)
  - Issue Paper #5 - Closed School Discharge:    PDF  (292K)
  - Issue Paper #6 – False Certification:    PDF  (274K)
  - Issue Paper #7 – Guaranty Agency Collection Fees:   PDF  (276K)
  - Issue Paper #8 – Subsidized Usage Period Recalculation:    PDF  (270K)  **Materials handed out during  Session 3 by the Department:**    - Issue Paper 1  final draft, clean:   MS Word  (37K)
  - Issue Paper 1 final draft, red lined:    MS Word  (48K)
  - Issue Paper 2 final draft, clean:   MS Word  (49K)
  - Issue Paper 2 final draft, red lined:   MS Word  (52K)
  - VCR Langauge:   MS Word  (24K)  **Materials handed out during  Session 3 by the Committee:**    - List of Concerns:    PDF  (14K)           Last Modified: 06/30/2022