Table of Contents
- What's New and NegReg Session Summaries
- Negotiated Rulemaking 101
- The Public Hearings and New America's Submitted Comments
- Topics Covered by the Rulemaking
- When, Where, & How to Register
- The Negotiators
- Recordings and Transcripts of Neg Reg
- U.S. Department of Education Issue Papers and Other Resources
- Negotiated Rulemaking Twitter Feed
U.S. Department of Education Issue Papers and Other Resources
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. The Department also provides other resources and negotiators have their own opportunity to submit resources and suggested regulatory text:
Ability to Benefit
Session One
Session Two
- Issue Paper 1: Ability to Benefit
- Ability to Benefit Proposal (submitted by Anne Kress and Will Durden)
- Ability to Benefit State Plan Proposal (submitted by Anne Kress and Will Durden)
- Ability to Benefit Proposal (submitted by David Socolow)
- Ability to Benefit Proposal (submitted by Jessica Ranucci and Johnson Tyler)
- Proposal about Transcript Withholding (submitted by Johnson Tyler)
Session Three
- Issue Paper 1: Ability to Benefit
- ATB Memo (distributed by the Education Department)
- ATB Data Excel (distributed by the Education Department)
- ATB Regulatory Language Revisions (submitted by David Socolow)
- ATB Proposal (submitted by Anne Kress & William Durden)
- Ability to Benefit Proposal (submitted by Emmanual Guillory)
Draft Consensus Language from March 18, 2022
Standards of Administrative Capability
Session One
- Issue Paper 2: Standards of Administrative Capability
- Administrative Capability Revision (submitted by Laura Rasar King)
Session Two
- Issue Paper 2: Standards of Admin Capability
- Administrative Capability Proposal (Submitted by Barmak Nassirian)
- Administrative Capability Proposal (submitted by Amanda Martinez)
- Administrative Capability (submitted by Brad Adams)
- Regulating Transcripts Memo (submitted by Johnson Tyler)
- Proposal about Transcript Withholding (submitted by Johnson Tyler)
- Administrative Capability (submitted by Debbie Cocoran)
Session Three
- Issue Paper 2: Standards of Administrative Capability
- Administrative Capability Proposal (submitted by Brad Adams)
- Administrative Capability Proposal (submitted by Emmanual Guillory)
- Memo to National Association of Independent Colleges and Universities about High School Diplomas (submitted by Emmanual Guillory)
- Four Year Public Colleges Comments and Suggestions (note: comments are on multiple issue areas) (submitted by Marvin Smith and Deborah Stanley)
- Diploma Provision Proposal (submitted by Kelli Perry)
Gainful Employment
Session One
- Issue Paper 3: Gainful Employment
- Gainful Employment Revisions (submitted by negotiators Adam Welle and Yael Shavit)
Session Two
- Issue Paper 3: Gainful Employment
- Analysis of the Coverage of GE Metrics
- Analysis of the Effect of Capping
- GE Rule Presentations (submitted by Adam Looney)
- GE Comments Round 2 (submitted by Brad Adams)
Session Three
- Issue Paper 3: Gainful Employment
- Gainful Employment Proposal Part Q (submitted by Brad Adams)
- Gainful Employment Proposal Part R (submitted by Brad Adams)
- Gainful Employment Proposal (submitted by Jessica Ranucci & Johnson Tyler)
- Non-educational expenses (submitted by Carolyn Fast)
- Gainful Employment Proposal (submitted by Emmanual Guillory)
- Overview of GE Information Rates (provided by the Education Department)
- Visual of GE Earnings Cohorts (provided by the Education Department)
- GE Information Rates (provided by the Education Department)
- GE Information Rates Data Description (provided by the Education Department)
- *New*GE Information Rates Data 03-15-22 FINAL
- *New*Overview of GE Information Rates 3-15-22
Financial Responsibility
Session One
Session Two
- Issue Paper 4: Financial Responsibility
- Financial Responsibility Proposal (submitted by Barmak Nassirian)
- Financial Responsibility Proposal (submitted by Carolyn Fast, Jaylon Herbin, Yael Shavit, Adam Welle, and Deborah Cochrane)
- Financial Responsibility (submitted by Brad Adams)
- Financial Responsibility Proposal (submitted by Kelli Perry)
- Financial Responsibility Proposal 2 (submitted by Carolyn Fast and Amanda Martinez)
- The Department of Education's Obligation to Reform Its Financial Responsibility Oversight (submitted by Barmak Nassirian)
Session Three
- Issue Paper 4: Financial Responsibility
- Financial Responsibility Proposal (submitted by Brad Adams)
- Financial Responsibility Proposal (submitted by Emmanual Guillory)
Changes of Ownership and Change in Control
Session One
Session Two
- Issue Paper 5: Changes of Ownership and Change in Control
- Changes in Ownership Proposal (submitted by Barmak Nassirian)
- Changes in Ownership Proposal (submitted by Brad Adams)
- Change of Ownership and Control (submitted by Carolyn Fast, Jaylon Herbin, Adam Welle, and Yael Shavit)
Session Three
- Issue Paper 5: Changes of Ownership and Change in Control
- Definition of Public and Non-Profit Institutions Proposal (submitted by Barmak Nassirian)
- Changes in Ownership Proposal (submitted by Brad Adams)
- Memo on nonprofit definition (submitted by Carolyn Fast, Jaylon Herbin, Barmak Nassirian, Amanda Martinez, Jessica Ranucci, and Johnson Tyler)
- Definition of Nonprofit Memo (submitted by Carolyn Fast)
Certification Procedures
Session One
- Issue Paper 6: Certification Procedures
- Certification Procedure Revision (submitted by Laura Rasar King and Jamie Studley)
Session Two
- Issue Paper 6: Certification Procedures
- Certification Procedures Proposal (submitted by Samantha Veeder and David Peterson)
- Certification Procedures Proposal (submitted by Barmak Nassirian)
- Certification Procedures Proposal (Submitted by Carolyn Fast, Jaylon Herbin, Yael Shavit, Adam Welle, and Deborah Cochrane)
- Certification Proposal (submitted by Brad Adams)
Session Three
- Issue Paper 6: Certification Procedures
- Institutional Cancellation Proposal (submitted by Barmak Nassirian)
- Certification Procedures Proposal (submitted by Brad Adams)
- Certification Procedures Proposals (submitted by Emmanual Guillory)
- Revised Certification Language Paper (submitted by Barmak Nassirian and Carolyn Fast)
- Certification Procedure Memo About State Consumer Protection Laws (submitted by Barmak Nassirian and Carolyn Fast)
- Proposed Regulations Concerning Certification Procedures and Application of State Laws (submitted by Adam Welle and Yael Shavit)
- Transcript Withholding Memo (submitted by Ernest Ezeugo and Amanda Martinez)
Title IV Revenue and Non-Federal Education Assistance Funds (90/10)
Session One
Session Two
- Issue Paper 7: Title IV Revenue and Non-Federal Education Assistance Funds (90/10)
- 90/10 Proposal (submitted by Barmak Nassirian)
- 90/10 Proposal (submitted by Brad Adams)
- 90/10 Proposal (submitted by Yael Shavit & Adam Welle)
- 90/10 Proposal (submitted by Jaylon Herbin)
Session Three
- Issue Paper 7: Title IV Revenue and Non-Federal Education Assistance Funds (90/10)
- Appendix C
- 90/10 Proposal (submitted by Brad Adams)
- 90/10 Memo (submitted by Yael Shavit and Adam Welle)
Draft Consensus Language from March 18, 2022