We updated this website on February 21, 2024, with the the proposed hardship regulatory text from ED and the agenda for the fourth negotiating session.

We will update this page as the official agendas and session summaries become available

Session One

• Official Session Summary

Session Two

• Official agenda for session two
• Official session summary for session two

Session Three

• Official Agenda for session three
• Official session summary for session three

Session Four

• Official Agenda for session four

While Congress passes laws, it is up to the Executive Branch (usually in the form of federal agencies, like the Department of Education) to implement the laws. In order to implement the law, the Department needs to resolve ambiguity or clarify the meaning around certain terms in order to make implementation possible. It does this by creating “rules,” through a process known as regulation.

While most other federal agencies are allowed to issue regulations without going through a “negotiated rulemaking” process, the Department of Education is different. The Higher Education Act requires that the Department obtain “the advice of and recommendations from individuals and representatives of the groups involved in student financial assistance programs” before issuing regulations on federal financial aid programs (e.g. grants, loans, work-study). The Department must convene a group of stakeholders to provide input on the proposed set of issues, topics, and regulatory language the Department is considering for regulation. According to the law, these representatives, or negotiators, may include “students, legal assistance organizations that represent students, institutions of higher education, State student grant agencies,” and more. If the stakeholders and the Department negotiate and reach agreement, or consensus, on what the proposed regulatory language should look like, the Department is required to propose that language when developing its regulations. If an agreement is not reached, the Department is provided wide latitude in developing its regulations. This process is known as negotiated rulemaking, or “Neg-Reg.”

To help inform the rulemaking, the Department held a day of virtual hearings to get public input on the rulemaking agenda and committee makeup on July 18, 2023. You can find the official notice of the hearings in the federal register.

Public hearing transcripts and recordings:

• Pre-negotiation Public hearing recording and transcript

The department also received over 24,000 written public comments to help inform this rulemaking.

The Department of Education proposed rulemaking only on student debt relief for this negotiation.

The authorities that this rulemaking will focus on fall under 34 CFR parts 30, 682, and 685.

For frequently asked questions about negotiated rulemaking, please visit the U.S. Department of Education's Negotiated Rulemaking FAQ page.

The negotiated rulemaking hearings will take place during three separate virtual sessions. These hearings are open to the public. However, you must register in advance to watch the rulemaking.

The negotiating sessions will be held on the following dates and times:

• Session 1: October 10-11, 2023, 10 am–12 pm and 1–4 pm. Sign up here to watch the first negotiating session online
• Session 2: November 6-7, 2023, 10 am–12 pm and 1–4 pm. sign up here to watch the second negotiating session online
• Session 3: December 11-12, 2023, 10 am–12 pm and 1–4 pm
• Session 4: February 22-23, 2024 10 am–12pm and 1–4 pm sign up here to watch the fourth session online

There will be 30 minutes for public comments at the end of each day except for the final day of the final negotiating session. We will post registration information for public comments as soon as it is available.

The Department released its call for negotiations for this rulemaking on August 31, 2023. Nominations must be submitted on or before September 14, 2023.

Negotiator information is now public. We have listed the negotiators below.

Negotiators usually are knowledgeable about the topic, represent the interests of those significantly affected by the topics proposed for rulemaking, and reflect the diversity of program participants. The Department generally selects one negotiator and one alternate negotiator for each constituency. The primary negotiator participates in the negreg discussion and votes to reach consensus. The alternate negotiator does so only if the primary negotiator is absent.

The Department has identified several constituencies that they would like to see represented at the negotiation table, listed below. Once negotiators have been selected, we will update this page with their information.

Facilitators (non-voting) Cynthia Jeffries, John Weathers, and Brady Roberts or Mike Franczak with Federal Mediation and Conciliation Service

• Student loan borrowers who attended programs of two years or less
  • Ashley Pizzuti, San Joaquin Delta College (primary)
  • David Ramirez, Pasadena City College, (alternate)
• Student loan borrowers who attended four-year programs
  • Sherrie Gammage, The University of New Orleans, (primary)
  • Sarah Christa Butts, University of Maryland, (alternate)
• Student loan borrowers who attended graduate programs
  • Richard Haase, State University of New York at Stony Brook, (primary)
  • Dr. Jalil Bishop, University of California, Los Angeles, (alternate)
• Currently enrolled postsecondary education students
  • Jada Sanford, Stephen F. Austin University, (primary)
  • Jordan Nellums, University of Texas, (alternate)
• U.S. military service members, veterans, or groups representing them
  • Michael Jones, Veteran, (primary)
  • Vincent Andrews, Veteran, (alternate)
• Civil rights organizations
  • Wisdom Cole, NAACP (primary)
  • India Heckstall, Center for Law and Social Policy (alternate)
• Legal assistance organizations that represent students or borrowers
  • Kyra Taylor, National Consumer Law Center, (primary)
  • Scott Waterman, Student Loan Committee of the National Association of Chapter 13 Trustees, (alternate)
• State officials, including State higher education executive officers, State authorizing agencies, and State regulators of institutions of higher education
  • Lane Thompson, Oregon DCBS – Division of Financial Regulation, (primary) No representative (alternate)
• State attorneys general
  • Yael Shavit, Office of the Massachusetts Attorney General, (primary)
  • Josh Divine, Missouri Attorney General’s Office, (alternate)
• Public institutions of higher education, including two-year and four-year institutions.
  • Melissa Kunes, The Pennsylvania State University, (primary)
  • J.D. LaRock, North Shore Community College, (alternate)
• Private nonprofit institutions of higher education
  • Angelika Williams, University of San Francisco, (primary)
  • Susan Teerink, Marquette University, (alternate)
• Proprietary institutions (for-profit colleges and universities)
  • Kathleen Dwyer, Galen College of Nursing, (primary)
  • Belen Gonzalez, Mech-Tech College, (alternate)
• Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-serving institutions (institutions of higher education eligible to receive Federal assistance under title III, parts A and F, and title V of the HEA)
  • Sandra Boham, Salish Kootenai College, (primary)
  • No representative (alternate)
• Federal Family Education Loan (FFEL) lenders, servicers, or guaranty agencies
  • Scott Buchanan, Student Loan Servicing Alliance, (primary)
  • Benjamin Lee, Ascendium Education Solutions, Inc., (alternate)

We will upload recordings and transcripts of committee meetings once they become available.

Session One

• Day one transcripts and recordings
  • Morning session transcript
  • Morning session recording
  • Afternoon session transcript
  • Afternoon session recording
• Day Two
  • Morning session transcript
  • Morning session recording
  • Afternoon session transcript
  • Afternoon session recording

Session Two

• November 6, 2023 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF*
  Recording: https://youtu.be/Ai8S68239Ks
• November 6, 2023 – 1:00 p.m. to 4:00 p.m.
  Transcript: PDF*
  Recording: https://youtu.be/ds6TVPG6NTU
• November 7, 2023 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF*
  Recording: https://youtu.be/t91Epw5MZHQ
• November 7, 2023 – 1:00 p.m. to 4:00 p.m.
  Transcript: PDF*
  Recording: https://youtu.be/ip8eALZwCKY

Session Three

• December 11, 2023 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF*
  Recording: https://youtu.be/e9gYK34sUSs
• December 11, 2023 – 1:00 p.m. to 4:00 p.m.
  Transcript: PDF*
  Recording: https://youtu.be/6IhSmkeamzY
• December 12, 2023 – 10:00 a.m. to 12:00 p.m.
  Transcript: PDF*
  Recording: https://youtu.be/i6hM8KA1xys
• December 12, 2023 – 1:00 p.m. to 4:00 p.m.
  Transcript: PDF*
  Recording: https://youtu.be/RZOne9wGYhI

The Department usually provides issue papers that contain background information on the topic under consideration, along with regulatory text and other resources. The Department also provides other resources, and negotiators have their own opportunity to submit resources and suggested regulatory text. We will add these resources to this page as they are published.

Session One

• Issue Paper: Student Loan Debt Relief

Session Two

• Issue Paper: Borrower Hardship
• Proposed Regulatory Text for Questions 1-4 Student Debt Relief

Session Three

Materials distributed by the Department prior to session 3:

• Proposed regulatory text

Materials distributed by the Negotiators prior to session 3:

• 2023.12.07 Revisions to Consolidation Loans (Submitted by Jessica Ranucci) PDF*
• 2023.12.08 Letter to Secretary Cardona re Neg Reg Comment on Student Debt (Submitted by Yael Shavit) PDF*
• Neg Reg Session 3 Proposal for Additional Committee Members (Submitted by Josh Divine) PDF*
• Regulatory Text Negotiated Rule Making Student Loans-Healthcare Workers (Submitted by Jalil Bishop) PDF*

Materials distributed by the Department during session 3:

• Student Loan Debt Relief Proposed Regulatory Text Session 3 V2 PDF*
• Student Loan Debt Relief Negotiated Rulemaking Agenda December 12 Session 3 PDF*
• Student Loan Debt Relief Proposed Regulatory Text Session 3 V3 PDF*

Materials distributed by the Negotiators during session 3:

• 2023.12.11 Proposed Regulatory Text Amendments (Submitted by Jessica Ranucci) PDF*
• 2023.12.11 Proposed Regulatory Text (Submitted by Kyra Taylor) PDF*
• Proposed Amendment to 34 C.F.R. § 30.81 (Submitted by Richard Hasse) PDF*
• Proposed Amendment to Regulatory Text (Submitted by Jalil Bishop) PDF*
• Financial Hardship Among Student Borrowers – Non-Federal Negotiators Requested Presentation by Sultana Fouzia, Marshall Steinbaum, Dali´e Jimenez, and Jonathan Glater PDF*
• Link shared via Zoom Chat PDF*
• Draft Consensus Language from December 12, 2023. Note that the language in the Notice of Proposed Rulemaking may differ slightly due to technical corrections and formatting: Student Loan Debt Relief Proposed Regulatory Text Session 3 Consensus Language PDF*

Session four

• Proposed regulatory text

Please follow the conversation using #NegReg. Follow our negotiated rulemaking official account @HigherEdNegReg, and @amylaitinen1, @sellensatt, @higheredrachel, and @e_conroy1 for further commentary.