Committee III
Refunds, Program and Student Eligibility Issues

First Meeting
February 1-3, 1999
Washington, DC

The first meeting of Committee III commenced as scheduled at approximately 8:30 a.m. on Monday, February 1, 1999 and adjourned on Wednesday, February 3, 1999, at approximately 12:00 p.m. The meeting was held at the Doubletree Hotel Park Terrace. All members of the Committee were present. The meeting was facilitated by Greg Bourne and Greg Sobel.

The facilitators and spokespersons were introduced and brief oral descriptions of the member organizations were provided. The facilitators referenced the meeting held January 11, 1999 to establish protocols for the regulatory negotiation process. They asked for questions and comments on the protocols but none were offered. The facilitators then reviewed the format for the regulatory negotiation process, including two meetings as "workshops" followed by three negotiation sessions, with the entire process ending by late May.

Next, the objectives of the meeting were described as threefold: 1) review the statutory provisions to be addressed by Committee III, 2) assign the appropriate action level for each provision, and 3) provide the Department with sufficient information to begin the process of writing a draft negotiating text. It was understood that the agenda for this meeting would primarily involve discussions of those issues listed in the attachment to the Department of Education's December 29, 1998, "Dear Colleague" letter.

The format proposed for the discussions was to move through the list of issues allowing all members to present their views, with the understanding that the Department may probe those views to assist in its preparation of a draft negotiating text. Members would also express their views on how the issues should be categorized using the following template:

1. no regulation required
2. regulation required, but no negotiation necessary
3. regulation required, to be negotiated to take effect by July 1, 2000, or
4. regulation required, to be negotiated to take effect by July 1, 2001.

Members were encouraged to prepare draft provisions for the Department's consideration before the February meeting, and to otherwise communicate their perspectives both with the Department and among each other.

The facilitators asked if there were any nominations for additional organizations to be added to the Committee. No new organizations requested membership. When asked about whether Subcommittee=s might be needed, the Committee responded initially that none were needed.

Based on the discussions of statutory provisions and associated issues, however, one Subcommittee and two workgroups were formed by the end of the meeting. The Subcommittee will focus on refund issues under the APercentage of Period Completed@ provisions, related to clock- hour programs only. The members of that Subcommittee are: David Baime, Joan Berkes, Deborah Bouabidi, Janice Dorian, Jason Fizell, Judy Flink, Rosita Herndon, Elaine Neely-Eacona and Laurie Quarles.

The Committee charged a separate group with the task of researching and providing ideas to the Department pertaining to the definition of work study under the Definition of Employment provision. A second group coordinated by Becky Timmons will be meeting to address some of the issues related to home schooling. Both of these groups will meet either in person or via teleconference and provide input to the Department before the next Committee meeting.

The Committee completed its preliminary discussion of all the issues as well as the process of categorizing each of the provisions. As a result, the Committee decided that the next meeting could move into the negotiating phase of the process. The Department committed to preparing preliminary language for as many provisions as possible before the next meeting, asking that the Committee keep in mind the short time available before the next meeting and the accelerated schedule.

The next meeting of the Committee will convene February 24, 1999 at 9:00 a.m., and adjourn on February 25, 1999 by 5:00 p.m. The meeting will again be held at the Doubletree Hotel Park Terrace. The agenda for the meeting is to begin reviewing and discussing the negotiating text prepared by the Department, and to explore any other issues for which more information is needed at this stage of the drafting process.

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