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- General Information 
- Affordability and Student Loans Committee 
- Pell for Prison Education Subcommittee 
- Institutional and Programmatic Eligibility Committee

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**General Inform****ation**

This page provides information regarding the Department's  negotiated rulemaking in 2021-2022 to make regulatory changes for the programs  authorized by Title IV of the Higher Education Act of 1965, as amended. For  more information about negotiated rulemaking in general, please see our question and answer page.

Federal Register Notices and Fact Sheets

Federal Register Notices (official notices at  www.federalregister.gov).  
        -  Intent to establish negotiated rulemaking committees  –  Official Copy  ** [published 5/26/2021] 	 Negotiator Nominations and Schedule of Committee Meeting- Affordability and Student Loans 	  Committees -  Official Copy   **   [published 8/10/2021] 
        - 90/10 Public hearing notice  -  Official Copy   ** [published 10/4/2021]
        - Negotiator Nominations and Schedule of Committee  Meetings – Institutional and Programmatic Eligibility Committee -  Official Copy ** [published 12/8/2021]
        - Notice of Proposed  Rulemaking– Affordability and Student Loans  -  Official Copy ** [published 7/13/2022]
        - Fact Sheet-  Proposed Regulations to Improve Student  Loan Relief Programs*  PDF   (158K) [7/6/2022]
        - Notice of Proposed  Rulemaking– Institutional Eligibility, Student Assistance General Provisions, and  Federal Pell Grant Program -  Official Copy  **[published 7/28/2022]
        - Fact Sheet- Proposed  Regulations to Support and Protect Students and Borrowers ( PDF)  (200M) [7/26/2022] 
        - Fact Sheet-  Future  of PSLF Fact Sheet   (PDF)   (236K) [10/25/2022]
        - Final Rule–  Institutional Eligibility, Student Assistance General Provisions, and Federal  Pell Grant Program -  Official Copy **[published 10/28/2022]
        - Fact Sheet- Final  Regulations to Support and Protect Students and Borrowers*  (PDF)  (233K) [10/27/2022] 
        - Final Rule– Affordability and Student Loans -  Official Copy ** [published 11/01/2022]
        - Fact Sheet-  Final Regulations to Improve Student Loan Relief Programs*  (PDF)  (240K) [10/31/2022]
        - Final Rule- RIA Table Supplement - Affordability and Student Loans -  Official Copy **  [published 10/31/2022]
        - Notice of Proposed       Rulemaking–Income-Driven Repayment -  Official Copy  **  [published 1/11/2023]
        - Fact Sheet- Income-Driven Repayment*  (PDF)  (344K) [1/10/2023]
        - Fact Sheet- Income-Driven Repayment Accountability*  (PDF)  (139K) [1/10/2023]
        -  Notice of Proposed Rulemaking – Accountability for College Costs and Unaffordable Student Debt [includes Gainful Employment (GE)] –  Official Copy  ** [published 5/17/2023] 
        -  Fact Sheet – Holding Colleges Accountable for Delivering Financial Value for Students*  (PDF)  (201K) [5/17/2023] 
        - Fact Sheet – New Proposed Rules to Protect Students by Strengthening Department Oversight and Monitoring*  (PDF)  (163K) [5/17/2023] 
        -  GE Data 1* – Description  (PDF)  (182K) [5/17/2023] 
        - GE Data 2* – Data Codebook  (Excel)  (28K) [5/30/2023] 
        -  GE Data 3* – Dataset  (Excel)  (54M) [5/17/2023]
        -  Final Rule – Income Driven Repayment -  Official Copy  ** [published 7/10/2023] Correction  Official Copy  ** [published 7/6/2023]
        -  Fact Sheet* – Income Driven Repayment  (PDF)  (356K) [6/14/2023]
        - Final Rule – Gainful Employment (GE) -  Official Copy  ** [published 10/10/2023]
        - Fact  Sheet – Gainful Employment (GE) -  PDF  * (514K) [9/27/2023]
        -  Final Rule - Accountability  for College Costs including Financial Responsibility, Certification Procedures,  Administrative Capability, and Ability to Benefit (ATB) –  Official Copy  **  [published 10/31/2023]
        -  Fact  Sheet - Accountability for College Costs including Financial Responsibility,  Certification Procedures, Administrative Capability, and Ability to Benefit  (ATB) –  PDF   (148K) [10/24/2023]
        - New  Final Rule - Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program  –   Official Copy  **  [published 1/16/2024]

*The Department of Education strives to make all content accessible to everyone. While this document does not currently meet the standards of Section 508 of the Rehabilitation Act of 1973, as amended, OPE is working to create an accessible version. If you need access to this content before the accessible version is available, please contact the Information Technology Accessibility Program Help Desk at ITAPSupport@ed.gov to help facilitate.

**By selecting the following link, you will be leaving the  Department of Education’s (ED’s) website and navigating to a third-party site.  This site and its contents are managed by organizations that may or may not  have a business relationship with ED. As such, the Department is not  responsible for the product, service, or overall website contents nor can it  guarantee that any of the above are accessible in accordance with Section 508  of the Rehabilitation Act of 1973. If you need accessibility support, please  reach out to the third-party vendor for assistance. 

Public  Hearing Information

        •June  21, 2021 10:00 a.m. to 12:00 p.m. and 2:00 p.m.  to 4:00 p.m. 	  Transcript: PDF (589K)  Recording: https://youtu.be/Q0H0WTCumrM
        •June 23, 2021 10:00 a.m. to 12:30 p.m. and 2:00 p.m.  to 4:30 p.m.    Transcript:  PDF (690K)        Recording:   https://youtu.be/_XIkjfVG-Eg
        •June 24, 2021 10:00 a.m. to 12:30 p.m. and 2:00 p.m. to  4:30 p.m.      Transcript: PDF (680K)      Recording:       https://youtu.be/wpdZUfgc5Zk
         •October 26, 2021 (90/10 comments only) 2:00 p.m to 4:00 p.m.    Transcript: PDF (234K*)*Recording: https://youtu.be/LMtBOahXPh4
         •October 27, 2021 (90/10 comments only) 10:00 a.m. to 12:00 p.m.    Transcript: PDF (226K*)*    Recording: https://youtu.be/yTT0plb4k7s

**Affordability and Student Loans Committee Meetings (virtual)**

For more information click here

Committee Members  List: PDF (193K) | **Revised** PDF (234K) | **Revised** PDF (234K)

Committee Protocols PDF (191K) 

Click on the  session for transcripts, recordings, and  materials of the meeting. 

Session 1: October 4 - 8, 2021

Transcripts & Recordings

            - October 4, 2021 - 10:00  a.m. to 12:00 p.m.      Transcript:  PDF  (320K)    Recording:   https://youtu.be/UMqUvYiJvw0
            - October 4, 2021 - 1:00  p.m. to 4:00 p.m.      Transcript:  PDF  (535K)      Recording:  https://youtu.be/MV_9389Sl4s
            - October 5, 2021 - 10:00  a.m. to 12:00 p.m      Transcript:  PDF  (490K)      Recording:  https://youtu.be/BgKaVMqMlkA
            - October 5, 2021 - 1:00  p.m. to 4:00 p.m.      Transcript:  PDF  (1.17K)    Recording:  https://youtu.be/qr74QW1Ucg8
            - October 6, 2021 - 10:00  a.m. to 12:00 p.m.      Transcript:  PDF  (632K)      Recording:  https://youtu.be/x1vozNYaROA
            - October 6, 2021 -1:00  p.m. to 4:00 p.m.      Transcript:  PDF  (1.04K)      Recording:  https://youtu.be/WuV5sUdzcAA
            - October 7, 2021- 10:00  a.m. to 12:00 p.m      Transcript:  PDF  (268K)      Recording:  https://youtu.be/CpT6zH_MJrM
            - October 7, 2021 - 1:00  p.m. to 4:00 p.m.      Transcript:    PDF  (952K)      Recording:  https://youtu.be/zwzBMxVfEbA
            - October 8, 2021- 10:00  a.m. to 12:00 p.m      Transcript:  PDF  (244K)      Recording:  https://youtu.be/REuREG2-HeE
            - October 8, 2021- 1:00  p.m. to 4:00 p.m.      Transcript:  PDF  (637K)      Recording:  https://youtu.be/OyL6esfJs1I

Materials

** Materials  distributed by the Department prior to session 1:**            - Total and Permanent Disability v. 1.0  PDF  (245K) 
            - Total and Permanent Disability  *Revised*   v.1.1  PDF  (259K) 
            - Closed School Discharge  PDF  (237K) 
            - Eliminate Interest Capitalization   PDF  (325K)
            - Improving Public Student Loan Forgiveness  (PSLF) Application Process   PDF  (151K) and Regulatory Text  PDF  (327) 
            - PSLF Eligibility  PDF  (151K) 
            - Borrower Defense (BD) Adjudication Process  PDF  (232K) 
            - BD Post Adjudication   PDF  (142K)
            - BD Recovery From Institutions   PDF  (157K) 
            - Predispute Arbitration   PDF  (200K)
            - Income Driven Repayment (IDR) Plan   PDF  (141K)
            - False Certification Discharge  PDF  (334K) 
** Materials distributed  by the Department at Session 1:**            - Affordability and Student Loans Committee Agenda - Session 1   PDF   (181K) 
            - Closed School Discharge proposal   PDF   (308K) 
            - Fact Sheet: Public  Service Loan Forgiveness (PSLF) Program Overhaul     PDF   (119K)  
            - Public Service Loan Forgiveness Program Press Release  PDF   (94K)
            - Pell for Prison Education Programs  PDF  (302K)
            - Unified Agenda item on Debt Collection Practices
**Materials distributed  by Negotiators/Advisors during session 1:**            - Closed school discharge data (supplied by Rajeev Darolia,  Advisor)  PDF   (313) 
            - DCEH Administrator Third Report (supplied by Persis Yu)  PDF  (686K) 
            - Proposed Closed School Discharge Eligibility Date Language (supplied by Joseph Sanders)  PDF  (72K) 
            - Poverty Guidelines 2021 (supplied by Rajeev Darolia, Advisor)   PDF  (125K) 
            - Various Poverty Figures (supplied by Rajeev Darolia, Advisor)  PDF  (468K) 
            - ITT letter (supplied by Justin Hauschild)  PDF  (2.91K) 
            - Final Default proposal Memorandum (submitted by multiple  negotiators)  PDF  (106K)
            - Additional IDR presentation (supplied by Rajeev  Darolia, Advisor)   PDF  (207K)
            - Links shared via Zoom Chat  PDF  (152K)

**Meeting Summary**: (prepared by the facilitators)  PDF (142K)

 

Session 2: November 1 - 5, 2021

Transcripts & Recording

            - November 1, 2021 - 10:00 a.m. to 12:00 p.m.  Transcript:   PDF  (601K)  Recording:  https://youtu.be/yG8kK_MAlwU 
            - November 1, 2021 - 1:00 p.m. to 4:00 p.m.    Transcript:  PDF  (366K)    Recording:  https://youtu.be/9uoDibOLcMs
            -  November 2, 2021 - 10:00 a.m. to 12:00 p.m    Transcript:  PDF  (564K)    Recording:  https://youtu.be/zhS8qeMAEaU
            - November 2, 2021 - 1:00 p.m. to 4:00 p.m.     Transcript:   PDF  (762K)     Recording:  https://youtu.be/AH-1agFLQlQ
            - November 3, 2021 - 10:00 a.m. to 12:00 p.m.     Transcript:   PDF  (574K)     Recording:  https://youtu.be/3gxwvGI0Vbk
            - November 3, 2021 -1:00 p.m. to 4:00 p.m.     Transcript:   PDF  (773K)     Recording:  https://youtu.be/EZUuw9Z6Gno
            - November 4, 2021- 10:00 a.m. to 12:00 p.m     Transcript:   PDF  (564K)     Recording:  https://youtu.be/ioEE1bX89CQ
            - November 4, 2021 - 1:00 p.m. to 4:00 p.m.     Transcript:   PDF  (537K)     Recording:  https://youtu.be/YV8weaShFoA
            - November 5, 2021- 10:00 a.m. to 12:00 p.m     Transcript:   PDF  (627K)       Recording:  https://youtu.be/cwL4BXCa2NA
            - November 5, 2021- 1:00 p.m. to 4:00 p.m.     Transcript:   PDF  (786K)     Recording:  https://youtu.be/EaV9bpIf5uo

Materials

**Materials distributed by  the Department prior to session 2:**            - Agenda 2021 Negotiated Rulemaking - Session 2   PDF  (309K) 
            - Total and Permanent Disability  v.2.0   PDF  (222K) 
            - Closed School Discharge  v.2.0   PDF  (222K) 
            - Eliminate Interest Capitalization  v.2.0   PDF  (201K) 
            - Public Service Loan Forgiveness v.2.0  PDF  (273K) 
            - Borrower Defense Proposals with Citations  v.2.0   PDF  (201K) 
            - Borrower Defense to Repayment v.2.0  PDF  (268K) 
            - Borrower Defense Subpart F v.2.0    PDF  (252K) 
            - Predispute Arbitration v.2.0  PDF  (173K) 
            - Income Driven Repayment (IDR) Plan v.2.0    PDF  (244K) 
            - False Certification Discharge v.2.0  PDF  (241K)
            - Prison Education Programs Amendatory Text v.2.0   PDF  (265K) 
**Materials distributed by Negotiators/Advisors  prior to session 2:**            - Closed School Discharge proposal (submitted by Persis  Yu and Joshua Rovenger)  PDF  (115K) 
            - False Certification proposal (submitted by  Persis Yu and Joshua Rovenger)  PDF  (116K) 
            - Borrower Defense proposal (submitted by Persis  Yu and Joshua Rovenger)  PDF  (115K) 
            -  Default and IDR proposal (submitted by Persis Yu and Joshua Rovenger)  PDF  (90K) 
            - Income-contingent repayment plans proposal (submitted by Persis Yu and Joshua Rovenger)  PDF  (252K) 
            - Miscellaneous repayment provisions proposal (submitted by Persis Yu and Joshua Rovenger)  PDF  (173K) 
            - Aggressive Recruitment Definition proposal (submitted by Daniel Barkowitz, Jessica Barry and Carol Colvin)  PDF  (92K) 
            - Closed School Discharge Definition proposal (submitted by Daniel Barkowitz, Heather Perfetti, Jessica Barry and Carol  Colvin)  PDF  (93K) 
            - PSLF Regulation proposal (submitted by  Heather Jarvis)   PDF  (75K) 
**Materials distributed by Negotiators/Advisors/Subcommittee members during session 2:**            - 	Prison Education Program Report-Out for Session 2 (submitted from Subcommittee)  PDF  (104K) 
            -  	TPD Lookback proposal (submitted by Daniel Barkowitz)  PDF  (71K)
            - Interest Capitalization       presentation (submitted by Raj Darolia, Advisor)  PDF  (341K)
            - Closed School Discharge proposal       (submitted by Michaela Martin and Dixie Samaniego)  PDF  (232K) 
            - IDR proposal (submitted by Persis Yu and Joshua Rovenger)  PDF  (121K) 
            - IDR Proposal redline (submitted by Persis Yu and Joshua Rovenger)  PDF  (363K) 
            - PSLF  proposal       (submitted by Bobby Ayala)  PDF  (47K)
            - PSLF       suggestions (submitted by Marjorie Dorimé-Williams)  (Coming Soon)
            - Aggressive Recruitment with       Citations (submitted by Joe Sanders and Eric Apar)   PDF  (104K) 
            - Closed School Discharge (submitted       by Raj Darolia, Advisor)  PDF  (569K) 
            - Proposed Regulatory Text Closed       School Student Reenrollment (submitted by Marjorie Dorimé-Williams, Bobby       Ayala and Rachelle Feldman)  PDF  (133K) 
            - Part Time Faculty Background (submitted       by Jeri O’Bryan-Losee)  PDF  (99K) 
            - Race, Racism, and Student Loans       (submitted by Raj Darolia, Advisor)  PDF  (173K) 
            - The Importance of “Choice       Architecture” for Student Loan Repayment Decisions & Outcomes       (submitted by Raj Darolia)  PDF  (187K) 
            - Pew Letter-IDR (submitted by Raj       Darolia)  PDF  (358K) Revised  PDF  (412K)
            - IDR presentation (submitted by       Raj Darolia)  PDF  (750K) 
            - Married Borrower memo       (submitted by Peris Yu)  PDF  (71K)
            - Links shared via Zoom Chat  PDF  (166K)

**Meeting Summary:** (prepared by the facilitators) PDF (142K)

***The Department of Education strives to make all content accessible to everyone.  While this document does not currently meet the standards of Section 508 of the *Rehabilitation Act of 1973*, as amended, an accessible version is  forthcoming. If you would like to receive notification when the accessible  version is available, please contact the Department's Information​ Technology  Accessibility Program Manager Denise McGland at Denise.McGland@ed.gov*

 

Session 3: December 6 - 10, 2021

Transcripts & Recordings

            - December 6, 2021 - 10:00 a.m. to 12:00 p.m.       Transcript:  PDF  (316K)       Recording:  https://youtu.be/1wMNfalWqQo
            - December 6, 2021 - 1:00 p.m. to 4:00 p.m.      Transcript:  PDF  (366K)        Recording:  https://youtu.be/DnI5Qj5grTE 
            - December 7, 2021 - 10:00 a.m. to 12:00 p.m      Transcript:  PDF  (354K)        Recording: https://youtu.be/S0Ild6ZknUc
            - December 7, 2021 - 1:00 p.m. to 4:00 p.m.      Transcript : PDF  (428K)        Recording:  https://youtu.be/Nu97KvRRXwQ
            - December 8, 2021 - 10:00 a.m. to 12:00 p.m.      Transcript : PDF  (354K)      Recording: https://youtu.be/NSJv7UZtYxg
            - December 8, 2021 -1:00 p.m. to 4:00 p.m.      Transcript:  PDF  (356K)        Recording: https://youtu.be/tQghFmmoeZM
            - December 9, 2021- 10:00 a.m. to 12:00 p.m      Transcript:  PDF  (314K)        Recording: https://youtu.be/6ytr3aY95X8
            - December 9, 2021 - 1:00 p.m. to 4:00 p.m.      Transcript:  PDF  (427K)        Recording:  https://youtu.be/zAKNpU8_HPM
            - December 10, 2021- 10:00 a.m. to 12:00 p.m      Transcript:  PDF  (320K)        Recording: https://youtu.be/8eS2BrzrAvo
            - December 10, 2021- 1:00 p.m. to 4:00 p.m.      Transcript:  PDF  (337K)      Recording:  https://youtu.be/W3e3Eq4yZOQ

Materials

**Materials distributed by  the Department prior to session 3:**            - Agenda  PDF  (176K) 
            - Total and Permanent Disability v.3.0  PDF  (378K) 
            - Closed School Discharge v.3.0  PDF  (377K) 
            - Eliminate Interest Capitalization v.3.0  PDF  (196K) 
            - Public Service Loan  Forgiveness v.3.0  PDF  (350K) 
            - Borrower Defense  Proposals with Citations v.3.0  PDF  (159K) 
            - Borrower Defense to  Repayment v.3.0  PDF  (404K) 
            - Borrower Defense  Subpart F v.3.0  PDF  (253K) 
            - Predispute Arbitration  v.3.0  PDF  (190K) 
            - Income Driven  Repayment (IDR) Plan v.3.0  PDF  (288K) 
            - False Certification  Discharge v.3.0  PDF  (391K) 
            - Prison Education  Programs Amendatory Text v.5.0  PDF  (396K) 
            -   2019-20 student loan data trends  
**Materials  distributed by the negotiators prior to session 3: **            - Borrower Defense Individual Process proposal  (submitted by Persis Yu and Joshua Rovenger)  PDF  (83K)
            - IDR proposal: Structure of       Forgiveness and Discretionary Income Threshold (submitted by Persis Yu and       Joshua Rovenger)  PDF  (122K)
            - Total and Permanent Disability  Discharge proposal (submitted by Bethany Lilly and John Whitelaw)  PDF  (312K)
            - Proposed Regulatory Text with       Edits for Issue Paper #10: Income-driven Repayment Plans (submitted by Persis       Yu and Joshua Rovenger)  PDF  ( 285)
            - Borrower Defense to Repayment       Language: Additional Aggressive Recruitment Categories (submitted by Justin       Hauschild and Emily DeVito  PDF  (76K)
            - Borrower Defense Group Process       Proposals (submitted by Persis Yu and Joshua Rovenger)  PDF  (105K )
            - Proposed False Certification       Text: Unauthorized Loan (submitted by Justin Hauschild and Emily DeVito  PDF  (202K)
            - False Certification Proposals: Disqualifying Status  and Group Process (submitted by  Persis Yu and Joshua Rovenger)  PDF  (100K)
            - IDR simplification proposal (submitted       by Jaye O’Connell and Will Shaffner)   PDF  (141K)
            - PSLF proposal (submitted by       Advisor Heather Jarvis on behalf of non-federal negotiators)  PDF  (160K)
            - Loan Forgiveness proposal (submitted by Michaela  Martin)   PDF  (257K)
            - IDR and PSLF Forbearance (submitted by Joe  Sanders and Eric Apar)   PDF  (159K)
            - Definition of Omissions  (submitted by Joe Sanders)  PDF  (197K)
**Materials  distributed by the Department during session 3: **            - Eliminate Interest  Capitalization  Revised Issue Paper  v. 3.1  PDF  (207K)
            - Closed School Discharge chart   PDF  (142K)
**Materials  distributed by the Negotiators during session 3: **            - Spousal loan statement (submitted by Jeri  O’Bryan-Losee  PDF  (60K)
            - Settlement and Compromise Authority memo (submitted  by Joshua Rovenger)  PDF  (199K)
            - Letter to the Committee on Compromise &  Modification Authority (submitted by David Tanberg )  PDF  (146K)
            - Utility Bill Affordability in Colorado  (submitted by Persis Yuc)  PDF  (1.69K)
            - Pre-filed Testimony of John Howat  (submitted by Persis Yu)  PDF  (1.09K)
            - Cancellation Timeframes (submitted by  Persis Yu)  PDF  (673K)
            - Public Service Loan Forgiveness and the  Care Economy (submitted by Daniel Barkowitz)  PDF  (1.12K)
            - Released from the Debt Trap: Reforming IDR  Report (submitted by Daniel Barkowitz)  PDF  (201K)
            - PEP Amendatory Language  (submitted by Daniel Barkowitz)  PDF  (100K)
            - PEP Amendatory Language (submitted by Heather Perfetti)      PDF  (357K)

**Draft Consensus Language from December 10, 2021. Note that the language  in the Notice of Proposed Rulemaking may differ slightly due to technical  corrections and formatting:**
            - Prison       Education Programs:  PDF  (318K)
            - False Certification:   PDF  (717K)
            - Total and Permanent Disability:  PDF  (384K)
            - Interest Capitalization:  PDF  (196K)

**Meeting Summary: (prepared by the facilitators):**PDF (231K)

 

**Pell Grants for Prison Education  Programs (PEP) Subcommittee (virtual)**

Subcommittee Members  List: PDF (197K) | **Revised**PDF (120K)

Click on the  session for transcripts, recordings, and  materials of the meeting. 

Session 1: October 18 - 20, 2021

Transcripts & Recordings

            - October 18, 2021 - 10:00  a.m. to 12:00 p.m.      Transcript:  PDF  (620K)    Recording:   https://youtu.be/s-2RrFyicPs  
            - October 18, 2021 - 1:00  p.m. to 3:00 p.m.  Transcript:  PDF  (400K)  Recording:   https://youtu.be/UgBLfPGzGeI  
            - October 19, 2021 - 10:00  a.m. to 12:00 p.m.  Transcript:  PDF  (616K)        Recording: :  https://youtu.be/VE0mnPICfNs 
            - October 19, 2021 - 1:00  p.m. to 3 p.m.  Transcript:  PDF  (632K)  Recording:  https://youtu.be/vS9G-yu83l4  
            - October 20, 2021 - 10:00  a.m. to 12:00 p.m.  Transcript:  PDF  (620K)  Recording:   https://youtu.be/I1S3eBqpuW4  
            - October 20, 2021 - 1:00  p.m. to 3:00 p.m.  Transcript:  PDF  (646K)  Recording:  https://youtu.be/h5wbCqQ7GkI  

Materials

**Materials distributed by the Department at Session 1:**            - Amendatory Text  PDF  (308K) 
            - Revised Amendatory Text with Negotiator Feedback  PDF  (385K) 
            - Schools with Incarcerated Student Waiver  PDF  (89K) 
            - Prison Education Programs Subcommittee Outcomes Metrics  PDF  (96K) 
**Materials distributed by the Subcommittee members during Session 1:**            - Mass Incarceration: The Whole Pie 2020 | Prison Policy  Initiative   (supplied by Dr. McTier)
            - Out of Prison & Out of Work | Prison Policy Initiative    (supplied by Dr. McTier)

Session 2: November 8 - 10, 2021

Transcript & Recordings

            - November 8, 2021 - 10:00 a.m. to 12:00  p.m.      Transcript:  PDF  (625K)      Recording:  https://youtu.be/TPspw5hPifw
            - November 8, 2021 - 1:00 p.m. to 3:00 p.m.        Transcript:  PDF  (567K)        Recording:  https://youtu.be/zQSEevoqR0U
            - November 9, 2021 - 10:00 a.m. to 12:00  p.m.        Transcript:  PDF  (499K)        Recording:  https://youtu.be/QUmzN_HHHsQ
            - November 9, 2021 - 1:00 p.m. to 3:00 p.m.        Transcript:  PDF  (338K)        Recording:  https://youtu.be/DhWwZRktYxY  
            - November 10, 2021 - 10:00 a.m. to 12:00  p.m.        Transcript:  PDF  (593K)        Recording:  https://youtu.be/I6U6DxBP_lk  
            - November 10, 2021 - 1:00 p.m. to 3:00 p.m.        Transcript:  PDF  (565K)        Recording:  https://youtu.be/BU57IuKrsvE

Materials

**Materials distributed by the Department prior to Session*2:***            - Prison Education Programs Statutory Text  PDF  (68K) 
            - Schools Participating in the Experimental Sites Initiative  PDF  (288K) 
**Materials distributed by  the Subcommittee members prior to Session 2:**            -  Possibility Report  (Submitted by Belinda  Wheeler)   
            - Barred from Working Report  (Submitted by  Belinda Wheeler)  
**Materials  distributed by the Department at Session 2:******            - PEP Amendatory Text v. 2.0.  PDF  ( 421K) 
            - Prison Education Program Report-Out for  Session 2  PDF  (104K) 
            - Pell Lifetime Eligibility Examples  PDF  (101K)
            - PEP Amendatory Text v. 3.0  PDF  (363K) 
            - PEP Amendatory Text v. 4.0  PDF  (509K) 
**Materials distributed by the Subcommittee members during Session  2:**            - PEP Suggested Text Additions (submitted by Kim Cary)  PDF  (93K) 
            - Waiver Amendatory Language   (submitted by Belinda Wheeler)  PDF  (201K) 
            - PEP Amendatory Language Additions (submitted by Belinda Wheeler)  PDF  (453K) 
            - Tennessee Higher Education in Prison  Initiative Feedback (submitted by Belinda Wheeler)  PDF  (109K) 

**Materials distributed by the Department  following Session 2****:**
            - Prison Education Programs Amendatory Text v.5.0  PDF  (396K) 

**Materials distributed by the Subcommittee members following Session  2:**
            - Pell Memo (Submitted by Terrell Bount)  PDF  (452K) 
            - Neg Reg Subcommittee Report Out  Comprehensive (submitted by non-federal negotiators)  PDF  (447K) 
            - Neg Reg Subcommittee Report Out Summary  (submitted by non-federal negotiators)  PDF  (274K) 

 

**Institutional and Programmatic Eligibility Committee (virtual)**

For more information click here
Committee Members List: PDF  (225K)  | **Revised**: PDF (301K) | **Revised*:*****PDF (306K) | **Revised*:*** PDF (391K)

Committee Protocols MS Word  (191K) 

Click on the  session for transcripts, recordings, and  materials of the meeting. 

Session 1: January 18 - 21, 2022

Session times: 10:00 a.m. to 12:30 p.m. and 1:00 p.m. to 4:30 p.m. with a public comment period from approximately 3:30 p.m. to 4:00 p.m. (Eastern time).

Transcripts & Recordings
- January 18, 2022 - 10:00 a.m. to 12:30 p.m.    Transcript: PDF (429K)    Recording: https://www.youtube.com/watch?v=6xRImA5Tgkk 
- January 18, 2022 - 1:00 p.m. to 4:30 p.m.    Transcript: PDF (796K)    Recording:  https://youtu.be/DqibXFEux9M 
- January 19, 2022 - 10:00 a.m. to 12:30 p.m.    Transcript: PDF (677K)    Recording:  https://youtu.be/VpTKKxINFUQJanuary 19, 2022 - 1:00 p.m. to 4:30 p.m.     Transcript: PDF (562K)     Recording:  https://youtu.be/XE_rHudQeAMJanuary 20, 2022 - 10:00 a.m. to 12:30 p.m.      Transcript: PDF (439K)      Recording: https://youtu.be/01vlBOA-c6EJanuary 20, 2022 - 1:00 p.m. to 4:30 p.m.      Transcript: PDF (499K)      Recording: https://youtu.be/pYdWzd6LFZkJanuary 21, 2022 - 10:00 a.m. to 12:30 p.m.      Transcript: PDF (441K)      Recording:  https://youtu.be/d1zybtwxkEwJanuary 21, 2022 - 1:00 p.m. to 4:30 p.m.   Transcript: PDF (501K)   Recording:  https://youtu.be/YFgbpyo277E
 

Materials

**Materials distributed by the  Department prior to session 1:**
- Agenda:  PDF  (175K)
- Ability to Benefit:  PDF  (236K)
- Administrative Capability:  PDF  (202K)
- Gainful Employment:  PDF  (144K)
- Financial Responsibility:  PDF  (345K)
- Changes in Ownership:  PDF  (318K)
- Certification Procedures:  PDF  (282K)
- 90/10:  PDF  (273K)

**Materials  distributed by the Department during session 1:**
- Ability to Benefit  Revised v 1.1:  PDF  (283K)
- Regulatory text  regarding from Affordability and Student Loans Committee negotiated rulemaking  session 3 (2021) - 1) aggressive recruitment:     PDF  (159K) 2) misrepresentation:  PDF  (253K)

******Materials distributed  by the negotiators/advisors during session 1:**
- Gainful Employment Revisions (submitted by Adam  Welle and Yael Shavit):   PDF  (26K)
- Administrative Capability  Revision (submitted by Laura Rasar King):   PDF  (60K)
- Links shared via Zoom Chat:    PDF  (151K)
- Certification Procedure Revision (submitted by Laura Rasar King and Jamie Studley):   PDF  (89K)

Meeting Summary: (prepared by the facilitators)** PDF (246K)

Session 2: February 14 - 18, 2022

Session times: 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. with a public comment period from approximately 3:30 p.m. to 4:00 p.m. on each day except the last day of this session (Eastern time).

Transcripts & Recording
- February 14, 2022 - 10:00 a.m. to 12:00 p.m.      Transcript:  PDF  (254K)      Recording:  https://www.youtube.com/watch?v=yvAP6ihoK90&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=54
- February 14, 2022 - 1:00 p.m. to 4:00 p.m.      Transcript:  PDF  (318K)      Recording:  https://www.youtube.com/watch?v=slHCvgUGP_s&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=55
- February 15, 2022 - 10:00 a.m. to 12:00 p.m.      Transcript:   PDF  (234K)      Recording:  https://www.youtube.com/watch?v=YcfR7pH2h9g&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=56 
- February 15, 2022 - 1:00 p.m. to 4:00 p.m.      Transcript::   PDF  (642K)      Recording:  https://www.youtube.com/watch?v=8AcyjJdOkQ8&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=57
- February 16, 2022 - 10:00 a.m. to 12:00 p.m.      Transcript:   PDF  (351K)      Recording:    https://www.youtube.com/watch?v=tjNdYr9FWQE&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=58    February 16, 2022 - 1:00 p.m. to 4:00 p.m.    Transcript: PDF (306K)    Recording: https://www.youtube.com/watch?v=uw3_5ZWdRlM&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=59    February 17, 2022 - 10:00 a.m. to 12:00 p.m.    Transcript: PDF (291K)    Recording: https://www.youtube.com/watch?v=U7F36TwLxLM&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=60    February 17, 2022 - 1:00 p.m. to 4:00 p.m.    Transcript:   PDF (690K)    Recording: https://www.youtube.com/watch?v=fm3oXsqqxVU&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=61  February 18, 2022 - 10:00 a.m. to 12:00 p.m.    Transcript:  PDF 252K)    Recording: https://www.youtube.com/watch?v=1A08u3HzmSo&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=62    February 18, 2022 - 1:00 p.m. to 4:00 p.m.    Transcript: PDF (309K)    Recording:  https://www.youtube.com/watch?v=zWN0AOEPE_U&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=63
 
     
Materials

 

**Materials distributed by the negotiators/advisors prior to session 2:**
- Ability to Benefit Proposal (submitted by Anne Kress and Will Durden)  PDF  (337K)
- Ability to Benefit State Plan Proposal (submitted by Anne Kress and Will Durden)   PDF  (144K)
- Certification Procedures Proposal (submitted by Samantha  Veeder and David Peterson)  PDF  (69K)
- Changes in Ownership Proposal (submitted by  Barmak Nassirian)    PDF  (524K)
- Administrative Capability Proposal (submitted by  Barmak Nassirian)    PDF  (343K)
- 90/10 Proposal (submitted by Barmak Nassirian)     PDF  (305K)
- Certification Procedures Proposal (submitted by  Barmak Nassirian)    PDF  (533K)
- Financial Responsibility Proposal (submitted by  Barmak Nassirian)    PDF  (937K)
- Ability to Benefit Proposal (submitted by David  Socolow)    PDF  (220K)
- Administrative Capability Proposal (submitted by  Amanda Martinez)    PDF  (160K)
- Certification Procedures Proposal (submitted by Carolyn  Fast & Jaylon Herbin, Yael Shavit & Adam Welle and Deborah Cochrane)    PDF  (180K)
- Financial Responsibility Proposal (submitted by Carolyn  Fast & Jaylon Herbin, Yael Shavit & Adam Welle and Deborah Cochrane)   PDF  (209K)
- 90/10  Proposal (submitted by Brad Adams)  PDF  (217K)
- Certification Proposal (submitted by Brad Adams)  PDF  (364K)
- Changes in Ownership Proposal (submitted       by Brad Adams)  PDF  (326K)
- Financial Responsibility (submitted       by Brad Adams)  PDF  (474K)
- Administrative Capability (submitted       by Brad Adams)  PDF  (218K)
- Regulating Transcripts Memo       (submitted by Johnson Tyler)  PDF  (318K)
- 90/10 Proposal (submitted by Yael       Shavit & Adam Welle)   PDF  (140K)
- Administrative Capability (submitted by Debbie  Cocoran)  PDF  (114K)
- Change of Ownership and Control (submitted by  Carolyn Fast, Jaylon Herbin, Adam Welle, and Yael Shavit )  PDF  (144K)
- Financial       Responsibility Proposal (submitted by Kelli Perry)   PDF  (103K)
- Ability       to Benefit Proposal (submitted by Jessica Ranucci and  Johnson Tyler)  PDF*  (1.75K)
- 90/10 Proposal (submitted by Jaylon Herbin)  PDF*  (265K)

**Materials distributed by the Department prior to session 2:**
- Session 2 Agenda:  PDF  (173K)
- Ability to Benefit v 2.0:  PDF  (272K)
- Administrative       Capability v 2.0:   PDF   (188K)
- Gainful       Employment v 2.0:  PDF  (319K)
- Financial       Responsibility v 2.0:   PDF  (353K)
- Changes in Ownership v 2.0:   PDF  (289K)
- Certification  Procedures v 2.0:  PDF  (273K)
- 90/10 v 2.0:   PDF  (257K)

**Materials distributed by the Department during to session 2:**
- Analysis of the  Coverage of GE Metrics:  PDF  (232K)
- Analysis of the Effect  of Capping:  PDF  (206K)

**Materials distributed by the negotiators/advisors during to session 2:**
- Proposal about  Transcript Withholding (submitted by Johnson Tyler)  PDF  (363K)
- Financial  Responsibility Proposal 2 (submitted by Carolyn Fast and Amanda Martinez)  PDF  (122K)
- GE Rule Presentation (submitted       by Adam Looney)   PDF  (529K)
- 	The Department of Education’s Obligation to Reform Its Financial Responsibility Oversight    (submitted by       Barmak Nassirian)
- GE Comments Round 2  (submitted by Brad Adams)  PDF  (186K)
- Zoom links provided  in Chat  PDF  (159K)

**Meeting  Summary:** (prepared by the facilitators) PDF (197K)

***The Department of Education strives to make all content accessible to everyone.  While this document does not currently meet the standards of Section 508 of the *Rehabilitation Act of 1973*, as amended, an accessible version is  forthcoming. If you would like to receive notification when the accessible  version is available, please contact the Department's Information​ Technology  Accessibility Program Manager Denise McGland at Denise.McGland@ed.gov*
    
Session 3: March 14 - 18, 2022

Session times: 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. with a public comment period from approximately 3:30 p.m. to 4:00 p.m.on each day except the last day of this session (Eastern time).

Transcripts & Recordings
- March 14, 2022 - 10:00 a.m. to 12:00 p.m.      Transcript:  PDF  (194K)      Recording:  https://www.youtube.com/watch?v=_V8LHS8NyNE&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=63
- March  14, 2022 - 1:00 p.m. to 4:00 p.m.      Transcript:  PDF    (315K)      Recording:  https://www.youtube.com/watch?v=bHaAEmganC8&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=64
- March 15, 2022 - 10:00 a.m. to 12:00 p.m.      Transcript:   PDF  (244K)      Recording:  https://www.youtube.com/watch?v=tjL0CK5nJAk&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=65
- March 15, 2022 - 1:00 p.m. to 4:00 p.m.      Transcript:  PDF  (276)      Recording:  https://www.youtube.com/watch?v=D-fXyIh1qCA&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=72 
- March 16, 2022 - 10:00 a.m. to 12:00 p.m.      Transcript:  PDF  (220K)      Recording:  https://www.youtube.com/watch?v=l7pKinNWUhU&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=67  
- March 16, 2022 - 1:00 p.m. to 4:00 p.m.      Transcript:  PDF  (290K)      Recording:  https://www.youtube.com/watch?v=t0OlKsqPRdQ&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=66
- March 17, 2022 - 10:00 a.m. to 12:00 p.m.      Transcript:   PDF  (208K)      Recording:  https://www.youtube.com/watch?v=xJjiKOSn7Vs&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=69
- March 17, 2022 - 1:00 p.m. to 4:00 p.m.      Transcript:    PDF  (307K)      Recording:  https://www.youtube.com/watch?v=VyttHhqhZc0&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=68
- March 18, 2022 - 10:00 a.m. to 12:00 p.m.      Transcript:     PDF  (202K)      Recording:  https://www.youtube.com/watch?v=CjalF3nqZqE&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=70
- March 18, 2022 - 1:00 p.m. to 4:00 p.m.      Transcript:  PDF  (187K)      Recording:  https://www.youtube.com/watch?v=xZUHW86LD8w&list=PL1tCTXATxf-onN1XUUhAeCMsV7nRv93Ib&index=71   

Materials

**Materials distributed by the  negotiators/advisors prior to session 3:******
- Institutional  Cancellation Proposal (Submitted by Barmak Nassirian)  PDF  (85K)
- Definition  of Public and Non-Profit Institutions Proposal (Submitted by Barmak Nassirian)   PDF  (102K)
- ATB  Regulatory Language Revisions (Submitted by David Socolow)  PDF  (253K)
- ATB  Proposal (Submitted by Anne Kress & William Durden)  PDF  (226K)
- Administrative  Capability Proposal (Submitted by Brad Adams)  PDF  (259K)
- Gainful  Employment Proposal Part Q (Submitted by Brad Adams)  PDF * (588K)
- Gainful Employment Proposal Part R (Submitted by  Brad Adams)  PDF * (429K)
- Financial  Responsibility Proposal (Submitted by Brad Adams)  PDF  (573K)
- Changes  in Ownership Proposal (Submitted by Brad Adams)  PDF  (449K)
- 90/10  Proposal (Submitted by Brad Adams)  PDF  (308K)
- Certification  Procedures Proposal (Submitted by Brad Adams)  PDF  (544K)
- Gainful  Employment Proposal (submitted by Jessica Ranucci & Johnson Tyler)  PDF  (100K)
- Non-educational  Expenses (submitted by Carolyn Fast)  PDF  (78K)
- Ability to Benefit Proposal (submitted by Emmanual  Guillory )  PDF * (631K)
- Administrative Capability Proposal (submitted  by Emmanual Guillory)  PDF * (256K)
- Certification Procedures Proposal (submitted  by Emmanual Guillory)  PDF * (357K)     Financial Responsibility Proposal (submitted  by Emmanual Guillory) PDF* (439K)  Gainful Employment Proposal (submitted by Emmanual  Guillory) PDF* (459K)  Memo to National Association of Independent  Colleges and Universities about High School Diplomas (submitted by Emmanual  Guillory) PDF* (136K)  Four  Year Public Colleges Comments and Suggestions (Submitted by Marvin Smith and Deborah Stanley) PDF* (110K)  Memo on nonprofit definition       (submitted by Carolyn Fast, Jaylon Herbin, Barmak Nassirian, Amanda       Martinez, Jessica Ranucci, and Johnson Tyler):  PDF* (142K)    
**Materials distributed by the Department prior to session 3:**- Session 3 Agenda:  PDF * (111K)     Ability to Benefit (ATB)  3.0: PDF* (238K)    Administrative Capability  3.0: 
PDF
* (208K)
- Gainful Employment (GE) 3.0:  PDF * (341K)   Financial Responsibility  3.0: PDF* (404K)Changes in Ownership  3.0: 
PDF
* (316K)  3.1 Revised 
PDF
* (325K)     
- Certification Procedures  3.0:  PDF * (285K)                90/10   3.0:  PDF* (260K)  3.1 Appendix C:        PDF* (255K)     ATB Memo:  
PDF
* (204K) 
ATB Data Excel:  
MS Excel
* (87K) 
Overview of GE Information Rates: 
PDF
* (305K)           
Since the publication of this overview, the Department       updated the informational rate file to include programs in foreign       institutions. This change resulted in the addition of over 3,000 currently       operating programs to the informational rate data file. In addition, the       new informational rate file published on 4/20/22 excludes programs in institutions that       were not certified (or provisionally certified) to administer Title IV aid       as of 3/28/22. This change removed fewer than 500 programs in domestic       institutions from the informational rate file published on 3/15/22. As       such, the overview figures described in this document differ slightly from       the details contained in the updated informational rate data file.

Visual of GE Information Rates:  
PDF
* (78K) 
GE Information Rates Data Description:  
PDF
* (130K) 
GE Information Rates Data: 
MS Excel
 (20K)        

**Materials  distributed by the negotiators/advisors during session 3:******
- Diploma Provision Proposal (submitted by Kelli Perry):  PDF * (94K)     Revised Certification Language Paper (submitted by Barmak  Nassirian and Carolyn Fast: PDF* (50K)        90/10 Memo (submitted by Yael Shavit and Adam Welle):          
PDF
* (207K)      
- Certification Procedure Memo About State Consumer Protection Laws (submitted  by Barmak Nassirian and Carolyn Fast):  PDF * (130K)             Definition of Nonprofit Memo (submitted by Carolyn Fast):         PDF* (103K)          Proposed Regulations Concerning Certification Procedures and Application  of State Laws (submitted by Adam Welle and Yael Shavit):                  
PDF
* (1.33K)          
- Transcript Withholding Memo (submitted by Ernest Ezeugo and Amanda  Martinez)                   PDF * (131K)                    Draft Consensus Language from March 18, 2022. Note that the language  in the Notice of Proposed       Rulemaking may differ slightly due to technical  corrections and formatting:    - Ability  to Benefit:  PDF * (313K)
  - 90/10:  PDF * (184K)   Meeting Summary: (prepared by the facilitators):  PDF * (144K)      *****The Department of Education strives to make all content accessible to everyone.  While this document does not currently meet the standards of Section 508 of the *Rehabilitation Act of 1973*, as amended, an accessible version is  forthcoming. If you would like to receive notification when the accessible  version is available, please contact the Department's Information​ Technology  Accessibility Program Manager Denise McGland at Denise.McGland@ed.gov*  **By selecting the following link, you will be leaving the Department of Education’s (ED’s) website and navigating to a third-party site. This site and its contents are managed by organizations that may or may not have a business relationship with ED. As such, the Department is not responsible for the product, service, or overall website contents nor can it guarantee that any of the above are accessible in accordance with Section 508 of the Rehabilitation Act of 1973. If you need accessibility support, please reach out to the third-party vendor for assistance.                             Last Modified: 01/16/2024