We updated this website on January 5, 2022. We updated "Session Summaries," with a new summary from session three. We've added several recordings and transcripts of sessions. In "Additional Resources & Materials," we added several resources.

Did you miss a session of neg reg or are looking for a summary of any of the sessions? Find them here!

Session 1

• Searching for Common Ground: Week One of Negotiated Rulemaking (New America/TICAS Summary)
• Official meeting summary prepared by the FMCS facilitators

Session 2

• Halt and Make Edits: Assessing the Second Work Period of Negotiated Rulemaking
• Official meeting summary prepared by the FMCS facilitators

Session 3

• One Last Time: The Affordability & Student Loans Negotiated Rulemaking Committee Wraps Up Its Work

Prison Education Subcommittee Summaries

• What Happened at Negotiated Rulemaking’s Prison Education Program Subcommittee (Session One)
• Now Negotiated Rulemaking's Prison Education Subcommittee Meetings are Over, What's Next for the Reinstatement of Pell? (Session Two)

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.”

This year's negotiated rulemaking will be unlike any other in that it will likely be held virtually due to the continued COVID-19 pandemic. Before the actual rulemaking begins, the Department will hold three days of virtual hearings to establish the rulemaking agenda and committees on June 21st, 23rd, and 24th. You can find the official notice in the federal register here.

Public hearing transcripts and recordings can be found below:

• June 21, 2021 video and transcript
• June 23, 2021 video and transcript
• June 24, 2021 video and transcript
• October 26, 2021 video and transcript (90/10 comments only)
• October 27, 2021 video and transcript (90/10 comments only)

The Department invited organizations and groups that are significantly affected by the topics covered in the rulemaking to submit comments—these can be oral comments presented during the hearings or written comments submitted by July 1st. Organizations can also submit comments suggesting ED consider topics not listed in the original agenda. You can find New America's submitted written comments here. Other comments can be found here.

The Department of Education proposed rulemaking on a whopping fourteen topics, arguably the most ambitious neg reg list of possible topics to date. ED’s suggested topics in this year's negotiated rulemaking include:

1. Change of ownership and change in control of institutions of higher education under 34 CFR 600.31;
2. Certificates of procedures for participation in Title IV, HEA programs under 34 CFR 668.13;
3. Standards of administrative capability under 34 CFR 668.16;
4. Ability to benefit under 34 CFR 668.156;
5. Borrower defense to repayment under 34 CFR 682.410, 682.411, 685.206, and 685.222;
6. Discharges for borrowers with a total and permanent disability under 34 CFR 674.61, 682.402, and 685.213;
7. Closed school discharges under 34 CFR 685.214 and 682.402;
8. Discharges for false certification of student eligibility under 34 CFR 685.215(a)(1) and 682.402;
9. Loan repayment plans under 34 CFR 682.209, 682.215, 685.208, and 685.209;
10. The Public Service Loan Forgiveness program under 34 CFR 685.219;
11. Mandatory pre-dispute arbitration and prohibition of class action lawsuits provision in institutions' enrollment agreements (formerly under 34 CFR 685.300) and associated counseling about such agreements under 34 CFR 685.304;
12. Financial responsibility for participating institutions of higher education, under 34 CFR subpart L, such as events that indicate heightened financial risk;
13. Gainful employment (formerly located in 34 CFR subpart Q); and
14. Pell Grant eligibility for prison education programs under 34 CFR part 690.

Additionally, the Department invited public input on how it could address gaps in student outcomes such as retention, completion, loan repayment, and student loan default by race, ethnicity, gender, and other key student characteristics through its regulation. These topics are just the ones the Department has suggested, but it will be listening for other topics that the public suggests in oral and written comments.

On October 4th, 2021, the Department published their intent to establish a negotiated rulemaking committee on the 90/10 rule.

The current negotiated rulemaking covers a broad set of topics. To manage the process, the Department has broken the rulemaking bodies into committees. The Department established two committees so far: one full committee with voting rights (Affordability and Student Loans Committee) and a non-voting subcommittee that will debate the content of the proposed regulations in the context of incarcerated students (Prison Education Program Subcommittee).

The subcommittee, which may include negotiators from the full committee as well as individuals not on that committee, will each make recommendations to the full committee, but only the full committee will get to vote on consensus or what the final regulatory language should look like.

This year's negotiated rulemaking will cover the following topics:

• (1) Borrower defense to repayment under 34 CFR 682.410, 682.411, 685.206, and 685.222;
• (2) Closed school discharges under 34 CFR 685.214 and 682.402(d);
• (3) Discharges for borrowers with a total and permanent disability under 34 CFR 674.61, 682.402(c), and 685.213;
• (4) Discharges for false certification of student eligibility under 34 CFR 685.215 and 682.402(e);
• (5) Loan repayment plans under 34 CFR 682.209, 682.215, 685.208, and 685.209;
• (6) Interest capitalization on Federal student loans under 34 CFR 682.202, 685.202, 685.209, and 685.220;
• (7) Mandatory pre-dispute arbitration and prohibition of class action lawsuits provisions in institutions’ enrollment agreements (formerly under 34 CFR 685.300) and associated counseling about such arrangements under 34 CFR 685.304;
• (8) Pell Grant eligibility for prison education programs under 34 CFR part 690; and
• (9) The Public Service Loan Forgiveness program under 34 CFR 685.219.
• (10) The 90/10 Rule under 34 CFR 668.28

Seven of the fourteen topics originally listed in the Negotiated Rulemaking Committee Notice will not be considered by the Affordability and Student Loans Committee. These topics and others suggested during the negotiated rulemaking public hearings and written comments may be considered by a different committee at a later negotiated rulemaking date. This additional round of negotiated rulemaking will be announced in a Federal Register Notice.

For more information about the negotiated rulemaking process as a whole, please click here.

The negotiated rulemaking hearings will take place during three separate virtual sessions. These hearings are open to the public and will be open for interested parties who registered in advance to provide oral comment.

• Session 1: October 4-8, 2021; Agenda here.
• Session 2: November 1-5, 2021; Agenda here.
• Session 3: December 6-10, 2021; Agenda here.

Session times are 10am-12pm and 1pm-4pm eastern with a public comment period from approximately 3:30-4pm.

The full committee and subcommittees will each meet during three separate sessions. Timing of all meetings is to be determined. All full committee meetings are open to the public.

Negotiated rulemaking meetings for both the full committee and the subcommittees are open to the public and will be livestreamed by the Education Department. You must register in advance to watch the rulemaking and can do so on the Department's negotiated rulemaking website. You can register directly for the third session here. Protocols for the rulemaking can be found here.

The Department has selected negotiators for rulemaking by reviewing public nominations for negotiators. These 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. 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 subcommittee will only have primary negotiators but is nonvoting and will only present recommendations to the main committee.

The Department identified several constituencies that they would like to see represented at the negotiation table, and the full list of negotiators can be downloaded here (revised list here) and will be available on the Department's negotiated rulemaking website. The Prison Education Program subcommittee original members are here with a revised list here. The constituencies represented include:

• (1) Dependent students – these are undergraduate students who are typically traditionally-aged college students. A student is a dependent student if they were required to enter both their and their parents’ information on their most recent FAFSA submission.
• (2) Independent students – these are often older or nontraditional students, such as students over the age of 24. Students who are married, have children or other dependents, or who were unaccompanied and homeless or at risk of being homeless are independent students. Independent students can be pursuing undergraduate or graduate studies. A student is an independent student if they were not required to enter their parents' information on their most recent FAFSA submission.
• Note: Students who were formerly incarcerated and participated in postsecondary education while in prison are included in the independent and dependent student categories regardless of whether they received Federal student aid, and we encourage nominations for individuals with those experiences. For both student spots, we also encourage individuals or organizations representing low-income students to apply.
• (3) Student loan borrowers. This includes but is not limited to: student loan borrowers who are currently repaying their student loans, student loan borrowers who defaulted or are currently in default, student loan borrowers who were in forbearance or are currently in the administrative (automatic) forbearance due to COVID-19, and student loan borrowers who prior to the administrative forbearance were delinquent (late) on their student loans payments.
• (4) Legal assistance organizations that represent students and/or borrowers.
• (5) U.S. military service members, veterans, or groups representing them.
• (6) State attorneys general.
• (7) State higher education executive officers, State authorizing agencies, and/or State regulators of institutions of higher education and/or loan servicers.
• (8) Individuals with disabilities or groups representing them.
• (9) Financial aid administrators at postsecondary institutions.
• (10) Two-year public institutions of higher education.
• (11) Four-year public institutions of higher education.
• (12) Private nonprofit institutions of higher education.
• (13) Proprietary institutions.
• (14) Minority-serving institutions – institutions of higher education eligible to receive Federal assistance under title III, parts A, B, and F, and title V of the HEA, which include Historically Black Colleges and Universities, Hispanic-Serving Institutions, American Indian Tribally Controlled Colleges and Universities, Alaska Native and Native Hawaiian-Serving Institutions, Predominantly Black Institutions, Native American-Serving Nontribal Institutions, and Asian American and Native American Pacific Islander-Serving Institutions.
• (15) Federal Family Education Loan (FFEL) lenders and/or guaranty agencies.
• (16) Accrediting agencies.

The Department also asked for nominations for advisors. Advisors are not be members of committees nor do they participate in reaching consensus. Instead, they serve as a resource to committee members. The list of these non-voting advisors is in the downloadable link above of the full list of negotiators. In addition, that document contains information on the Prison Education Programs Subcommittee which will be held October 18-20, 2021 and November 8-10, 2021.

Session 1

• October 4th, 2021: Morning (Transcript) and Afternoon (Transcript)
• October 5th, 2021: Morning (Transcript) and Afternoon (Transcript)
• October 6th, 2021: Morning (Transcript) and Afternoon (Transcript)
• October 7th, 2021: Morning (Transcript) and Afternoon (Transcript)
• October 8th, 2021: Morning (Transcript) and Afternoon (Transcript)

Links shared via the Zoom chat during Session 1.

Subcommittee on Prison Education Session 1

• October 18, 2021: Morning (Transcript) and Afternoon (Transcript)
• October 19, 2021: Morning (Transcript) and Afternoon (Transcript)
• October 20, 2021: Morning (Transcript) and Afternoon (Transcript)

Session 2

• November 1st, 2021: Morning (Transcript) and Afternoon (Transcript currently unavailable)
• November 2nd, 2021: Morning (Transcript) and Afternoon (Transcript)
• November 3rd, 2021: Morning (Transcript) and Afternoon (Transcript)
• November 4th, 2021: Morning (Transcript) and Afternoon (Transcript)
• November 5th, 2021: Morning (Transcript) and Afternoon (Transcript)

Subcommittee on Prison Education Session 2

• November 8th, 2021: Morning and Afternoon
• November 9th, 2021: Morning and Afternoon
• November 10th, 2021: Morning and Afternoon

The Department has provided issue papers that contain background information on each topic it will consider for regulation, along with regulatory text and other resources, depending on the topic:

Total and Permanent Disability Discharge

Session One

• Issue Paper 1: Total and Permanent Disability (Original)
• Revised Issue Paper 1 (09/30/2021)

Session Two

• Proposed Regulatory Text for Issue Paper #1: Total and Permanent Disability Discharge
• TPD Lookback proposal (submitted by Daniel Barkowitz)

Session Three

• Proposed Regulatory Text for Issue Paper #1: Total and Permanent Disability Discharge (Session 3)
• Total and Permanent Disability Discharge proposal (submitted by Bethany Lilly and John Whitelaw) coming soon

Closed School Discharge

Session One

• Issue Paper 2: Closed School Discharge
• Clarifying the Session 1 Proposal on Automatic Closed School Discharges
• Advisor Raj Darolia's presentation to the committee on Closed School Discharges
• GAO Report on College Closures cited by Raj Darolia in his presentation
• Proposed Closed School Discharge Eligibility Date Language (supplied by Joseph Sanders)
• DCEH Administrator Third Report (supplied by Persis Yu)

Session Two

• Proposed Regulatory Text for Issue Paper #2: Closed School Discharge
• Closed School Discharge proposal (submitted by Persis Yu and Joshua Rovenger)
• Closed School Discharge definition proposal (submitted by Daniel Barkowitz, Heather Perfetti, Jessica Barry, and Carol Colvin)
• Closed School Discharge proposal (submitted by Michaela Martin and Dixie Samaniego)
• Closed School Discharge (submitted by Raj Darolia, Advisor)
• Proposed Regulatory Text Closed School Student Reenrollment (submitted by Marjorie Dorimé-Williams, Bobby Ayala, and Rachelle Feldman)

Session Three

• Proposed Regulatory Text for Issue Paper #2: Closed School Discharge (Session 3)

Interest Capitalization

Session One

• Issue Paper 3: Interest Capitalization

Session Two

• Proposed Regulatory Text for Issue Paper #3: Interest Capitalization
• Interest capitalization presentation (submitted by Raj Darolia, Advisor)

Session Three

• Proposed Regulatory Text for Issue Paper #3: Interest Capitalization (Session 3)
• Eliminate Interest Capitalization Revised Issue Paper v. 3.1

Public Service Loan Forgiveness

Session One

• Issue Paper 4: Improving the Public Service Loan Forgiveness (PSLF) Application Process and associated regulatory text
  • Fact Sheet: Public Service Loan Forgiveness (PSLF) Program Overhaul
  • Public Service Loan Forgiveness Program Press Release
• Issue Paper 5: Public Service Loan Forgiveness (PSLF) Eligibility

Session Two

• Proposed Regulatory Text for Issue Papers #4 and 5: Public Service Loan Forgiveness
• PSLF Regulation proposal (submitted by Heather Jarvis)
• PSLF proposal(submitted by Bobby Ayala)
• PSLF suggestions (submitted by Marjorie Dorimé-Williams) coming soon
• Part Time Faculty Background (submitted by Jeri O'Bryan-Lossee)

Session Three

• Proposed Regulatory Text for Issue Papers #4 and 5: Public Service Loan Forgiveness
• PSLF Proposal (submitted by advisor Heather Jarvis on behalf of non-federal negotiators)
• Loan forgiveness proposal (submitted by Michaela Martin)
• IDR and PSLF Forbearance (submitted by Joe Sanders and Eric Apar)
• FSA Guidance on PSLF Waiver (submitted my advisor Heather Jarvis)
• April 2021 GAO Report on PSLF (submitted by advisor Heather Jarvis)
• February 2015 GAO Report on Loan Forgiveness Programs (submitted by advisor Heather Jarvis)

Borrower Defense to Repayment

Session One

• Issue Paper 6: Borrower Defense to Repayment (Adjudication Process)
• Issue Paper 7: Borrower Defense to Repayment (Post-Adjudication)
• Issue Paper 8: Borrower Defense to Repayment (Recovery from Institutions)

Session Two

• Proposed Regulatory Text for Issue Papers #6, 7, and 8: Borrower Defense to Repayment-Misrepresentation
• Proposed Regulatory Text for Issue Papers #6, 7, and 8: Borrower Defense to Repayment
• Draft Borrower Defense to Repayment Language
• Borrower Defense proposal (submitted by Persis Yu and Joshua Rovenger)
• Aggressive recruitment definition proposal (submitted by Daniel Barkowitz, Heather Perfetti, Jessica Barry and Carol Colvin)
• Aggressive Recruitment with Citations (submitted by Joe Sanders and Eric Apar)

Session Three

• Proposed Regulatory Text for Issue Papers #6, 7, and 8: Borrower Defense to Repayment-Misrepresentation
• Proposed Regulatory Text for Issue Papers #6, 7, and 8: Borrower Defense to Repayment
• Proposed Regulatory Text for Issue Papers #6, 7, and 8: Borrower Defense to Repayment – Aggressive and Deceptive Recruitment Tactics or Conduct
• Borrower Defense Individual Process proposal (submitted by Persis Yu and Joshua Rovenger)
• Borrower Defense to Repayment Language: Additional Aggressive Recruitment Categories (submitted by Justin Hauschild and Emily DeVito)
• Borrower Defense Group Process Proposals (submitted by Persis Yu and Joshua Rovenger)
• Definition of Omissions (submitted by Joe Sanders)

Predispute Arbitration and Class Action Waivers

Session One

• Issue Paper 9: Predispute Arbitration and Class Action Waivers
• ITT Letter (supplied by Justin Hauschild)

Session Two

• Proposed Regulatory Text for Issue#9 Predispute Arbitration and Class Action Waivers

Session Three

• Proposed Regulatory Text for Issue #9: Predispute Arbitration and Class Action Waivers (Session 3)

Income-Driven Repayment

Session One

• Issue Paper 10: Creating a New Income-Driven Repayment Plan
• Unified Agenda Item on Debt Collection Practices
• Poverty Guidelines 2021 (supplied by Rajeev Darolia, Advisor)
• Various Poverty Figures (supplied by Rajeev Darolia, Advisor)
• Final Default Proposal Memorandum(submitted by multiple negotiators)
• Additional IDR Presentation (supplied by Rajeev Darolia, Advisor)

Session Two

• Proposed Regulatory Text for Issue Paper #10: Income-driven Repayment Plans
• Default and IDR Proposal (submitted by Persis Yu and Joshua Rovenger)
• Income-contingent repayment plans proposal(submitted by Persis Yu and Joshua Rovenger)
• Miscellaneous repayment provisions proposal(submitted by Persis Yu and Joshua Rovenger)
• IDR proposal(submitted by Persis Yu and Joshua Rovenger)
• Race, Racism, and Student Loans(submitted by Raj Darolia, Advisor)
• The Importance of "Choice Architecture" for Student Loan Repayment Decisions & Outcomes (submitted by Raj Darolia, Advisor)
• Pew Letter-IDR (submitted by Raj Darolia, Advisor)
• IDR Presentation (submitted by Raj Darolia, Advisor)
• Married Borrower memo(submitted by Persis Yu)

Session Three

• Proposed Regulatory Text for Issue Paper #10: Income-driven Repayment Plans (Session 3)
• 2019-20 student loan data trends
• IDR proposal: Structure of Forgiveness and Discretionary Income Threshold (submitted by Persis Yu and Joshua Rovenger)
• Proposed Regulatory Text with Edits for Issue Paper #10: Income-driven Repayment Plans(submitted by Persis Yu and Joshua Rovenger)
• IDR simplification proposal (Submitted by Jaye O'Connell and Will Shaffner)

False Certification Discharge

Session One

• Issue Paper 11: False Certification Discharge

Session Two

• Proposed Regulatory Text for Issue Paper #11: False Certification Discharge
• False Certification proposal (submitted by negotiators Persis Yu and Joshua Rovenger)

Session Three

• Proposed Regulatory Text for Issue Paper #11 (session 3): False Certification Discharge
• Proposed False Certification Text: Unauthorized Loan (submitted by Justin Hauschild and Emily DeVito)
• False Certification Proposals: Disqualifying Status and Group Process (submitted by Persis Yu and Joshua Rovenger) coming soon

Pell Grants for Prison Education Programs

Session One

• Issue Paper 12: Pell Grants for Prison Education Programs
• Amendatory Text
• Revised Amendatory Text with Negotiator Feedback
• Schools with Incarcerated Student Waiver
• Prison Education Programs Subcommittee Outcomes Metrics
• Mass Incarceration: The Whole Pie 2020 (supplied by Dr. McTier)
• Out of Prison & Out of Work (supplied by Dr. McTier)

Session Two

• Prison Education Program report-out for session 2 (submitted from the subcommittee on Prison Education Programs)
• Prison Education Programs Statutory Text
• Schools Participating in the Experimental Sites Initiative
• Possibility Report (submitted by Belinda Wheeler)
• Barred from Working Report(submitted by Belinda Wheeler)
• PEP Amendatory Text v. 2.0 coming soon
• Prison Education Program Report-Out for Session 2
• Pell Lifetime Eligibility Examples coming soon
• PEP Amendatory Text v. 3.0
• PEP Amendatory Text v 4.0
• PEP Suggested Text additions (submitted by Kim Carey) coming soon
• Waiver Amendatory Language (submitted by Belinda Wheeler) coming soon
• PEP Amendatory Language Additions (submitted by Belinda Wheeler) coming soon
• Updated PEP Amendatory Language Additions (submitted by Stan Andrisse) coming soon
• Tennessee Higher Education in Prison Initiative Feedback (submitted by Belinda Wheeler)

Session Three

• Prison Education Program Draft Amendatory Language
• Pell Memo (Submitted by Terrell Bount)

Public Comments

Check out New America's comments to the Education Department related to this rulemaking here, and all public comments here.

Total and Permanent Disability Discharge

TICAS One Pager: Discharges for Borrowers with Total and Permanent Disability

Closed School Discharge

TICAS One Pager: Closed School Discharges

Interest Capitalization

TICAS One Pager: Interest Capitalization on Federal Student Loans

Public Service Loan Forgiveness

TICAS One Pager: Public Service Loan Forgiveness

Borrower Defense to Repayment

TICAS One Pager: Borrower Defense to Repayment

Predispute Arbitration and Class Action Waivers

TICAS One Pager: Mandatory Pre-Dispute Arbitration and Class Action Waivers

Income-Driven Repayment

New America/TICAS blos: Income-Driven Repayment and Negotiated Rulemaking

TICAS One Pager: Income-Driven Repayment

False Certification Discharge

TICAS One Pager: Discharges for False Certification of Student Eligibility

Pell Grants for Prison Education Programs

New America: Equipping Individuals for Life Beyond Bars

New America: How Would a 5-Year Restriction on Pell Eligibility Impact Incarcerated Students if the Pell Ban is Lifted?

Vera Institute of Justice: A Monumental Shift: Restoring Access to Pell Grants for Incarcerated Students

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