U.S. Department of Education



U.S. Department of EducationGainful Employment2017-2018Meeting SummaryDecember 4-7, 2017WelcomeKathleen Smith, Acting Assistant Secretary for Post-Secondary Education, on behalf of Secretary Betsy DeVos, welcomed the Gainful Employment Negotiated Rulemaking Committee (“Committee”) and thanked them for agreeing to assist the Department in developing the proposed regulations.IntroductionsThe Committee members and facilitators introduced themselves. Overview of the Negotiated Rulemaking Process Commissioners Ramona Buck, Rozmyn Miller, and Javier Ramirez, facilitators from the Federal Mediation and Conciliation Service (FMCS), explained the negotiated rulemaking process, consensus, and the roles of both the facilitators and negotiators. Review and Adopt Protocols The Committee approved the organizational protocols, as proposed, which will govern the Committee’s activities throughout the negotiated rulemaking process. MembershipMembers of the Gainful Employment Committee:Community of InterestPrimary NegotiatorAlternate NegotiatorTwo-year public institutionsLaura MetuneVice Chancellor of External Affairs, California Community CollegesMatthew MooreDirector of Financial Aid and Scholarships, Sinclair Community CollegeFour-year public institutionsPamela FowlerExecutive Director of Financial Aid, University of Michigan – Ann ArborChad MuntzDirector of Institutional Research, Office of Administration and Finance, The University System of MarylandAccrediting agenciesAnthony MirandoExecutive Director, National Accrediting Commission of Career Arts and SciencesMark McKenzieExecutive Director, Accreditation Commission for Acupuncture and Oriental MedicineBusiness and IndustryRobert JonesPresident, Education and Workforce PolicyJordan MatsudairaNonresident Fellow, Urban InstituteAssistant Professor, Cornell UniversityCFOs and business officersSandy SargeSARGE AdvisorsDavid SilvermanChief Financial Officer and Director of Business Affaris, The American Musical and Dramatic AcademyConsumer advocacy organizationsWhitney Barkley-DenneySenior Policy Counsel, Center for Responsible LendingJennifer DiamondProgram Associate,Maryland Consumer Rights CoalitionFinancial aid administratorsKelly MorrisseyDirector of Financial Aid, Mount Wachusett Community CollegeAndrew HammontreeDirector of Financial Aid and Scholarships, Francis Tuttle Technology CenterGeneral counsels/attorneys and compliance officersJennifer L. Blum, Esq.Senior Vice President, External Relations and Policy, Laureate Education, Inc.Stephen ChemaRitzert & Leyton, PCLegal assistance organization that represent studentsJohnson M. TylerSenior Attorney, Consumer and Foreclosure Units, Brooklyn Legal ServicesKirsten KeefeSenior Attorney, Consumer Finance and Housing Unit, Empire Justice CenterMinority serving institutionsThelma RossInterim Director of Financial Aid, Prince George’s Community CollegeJohn PierreChancellor and Professor, Southern University Law CenterPrivate, for-profit institutions with an enrollment of 450 students or lessJessica BarryPresident, School of Advertising ArtNeal HellerCEO/President, Hollywood Institute of Beauty CentersPrivate, for-profit institutions with an enrollment of 451 students or moreJeff ArthurVice President of Regulatory Affairs & Chief, ECPI UniversityMarc JeromePresident, Monroe CollegePrivate, non-profit institutionsC. Todd JonesPresident, Association of Independent Colleges and Universities in OhioTim PowersDirector of Student Aid Policy, National Association of Independent Colleges and UniversitiesState higher education executive officersChristina WhitfieldAssociate Vice President, State Higher Education Executive Officers AssociationState attorneys general and other appropriate State officialsChristopher MadaioAssistant Attorney General, Office of the Attorney General of MarylandRyan FisherIntergovernmental Relations, State of Texas Office of the Attorney GeneralStudents and Former StudentsChristopher GannonVice President, United States Student AssociationAhmad ShawwalStudent, University of VirginiaGroups representing U.S. Military service members or veteran Federal student loan borrowersDaniel ElkinsLegislative Director, Enlisted Association of the National Guard of the United StatesJohn KaminAssistant Director, The American Legion’s National Veterans Employment & Education DivisionU.S. Department of EducationGregory Martin, Federal NegotiatorPetitions for MembershipThe Committee approved a petition to add Mark McKenzie from the Accrediting Agencies community of interest to the Committee.The Committee approved a petition to add Thelma Ross and John Pierre from the Minority Serving Institutions community of interest to the Committee. The Committee denied a petition to add Joan Zanders from the Minority Serving Institutions community of interest to the Committee. Finalize the AgendaThe committee approved the following eight issues to comprise the scope of issues to be negotiated:Scope and PurposeGainful Employment MetricsDebt CalculationsSanctionsAlternate Earnings AppealsProgram DisclosuresReporting RequirementsCertification RequirementsAll eight issues are further developed in the Issue Papers provided to the Committee by the Department prior to the meeting. Discussion of IssuesThe Committee discussed the eight aforementioned substantive issues in detail. Discussion of each topic began with the Department reviewing each issue paper and associated questions. Then, Committee members had the opportunity to pose additional questions as well as offer their interests, concerns, and preferences relative to each issue. Additional ParticipantsThroughout the four-day meeting, Cynthia Hammond, U.S. Department of Education, provided clarifying information to the Committee. Public CommentOpportunities were provided each meeting day for members of the public in attendance to provide comments.? Public comments were made on each day of the meeting.Next MeetingThe next Committee session will be held February 5th through 8th, 2018.Next StepsThe Facilitators will distribute a draft summary of the meeting, and a draft agenda for the next meeting. In addition, the Department will distribute draft regulatory text related to the issues discussed prior to the next negotiation. Any information that members want to share with the Department, or the Committee as a whole, should be sent to the facilitators. Additionally, any questions member have may be directed to the facilitators. AttendanceAll groups were represented by their members or alternates for all of the session. ................
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