Day 2 of the U.S. Department of Education (ED)'s Neg Reg aimed at weaponizing Public Service Loan Forgiveness (PSLF) was… just as damning as Day 1. Here’s the recap:
Session Summary: The session got SPICY right off the bat. ED began the day by presenting their newly revised language. Here are some key moments:
- Abby Shafroth, legal aid negotiator, stated CLEARLY for the record that this Neg Reg is not about protecting PSLF; it’s about the Department of Education (ED) using it as a tool to coerce nonprofits and universities to further the Trump Administration’s own goals. The government’s response was not convincing. Watch her remarks here.
- Betsy Mayotte, the negotiator representing consumers, brought more fire: “When reading the statute of PSLF, I don’t see where the Education Secretary has the authority to remove employer eligibility definition from a 501(c)(3) or government organization…but my understanding of the regulations and executive order is that they cannot be contrary to the statute. There are no ifs, ands, or buts under government or 501(c)(3).” Watch the exchange here.
- In a heated discussion on ED’s proposal to exclude public service workers who provide gender-affirming care to transgender minors, Abby further flagged that no one in the room had any medical expertise, so no one had qualifications to weigh in on medical definitions like “chemical and surgical castration.”
- The non-federal negotiators held a caucus to talk about large employers that fall under a single federal Employer Identification Number. They are CONCERNED that the extreme breadth of this rule could potentially cut out thousands of workers only because a subset of people work on issues disfavored by this Administration—all without any right to appeal. Negotiators plan to submit language that would allow employers to appeal a decision to revoke PSLF eligibility by ED.
- Borrowers and other experts and advocates came in HOT with public comment today—calling out ED for using this rulemaking to unlawfully engage in viewpoint discrimination and leave borrowers drowning in debt, unable to keep food on their tables, or provide for their families.
Missing From the Table: Today, our legal director, Winston Berkman-Breen, who was excluded from the committee (but still gave powerful public comment yesterday!) has some thoughts on what was missing from the conversation:
For two days now, negotiators have raised legitimate questions and important concerns about the Secretary of Education’s authority to disqualify certain government and 501(c)(3) employers from PSLF. And for two days now, ED’s neg reg staff—inlcuding the moderator!—have engaged in bad faith negotiations.
Jacob, ED’s attorney, asserted that the Secretary has broad authority in its administration of the PSLF program—true, but only to an extent. The Secretary cannot narrow the program beyond the basic requirements set by Congress. When pushed for specific authority, Tamy—the federal negotiator—simply declined.
It doesn’t stop there—ED representatives sidestepped, dismissed, or outright ignored negotiators’ questions and concerns. That’s because this isn’t a negotiation—it’s an exercise in gaslighting. ED is proposing action that exceeds the Secretary’s statutory authority and likely violates the U.S. Constitution—all the while telling negotiators to fall in line.
The kicker? By pushing this proposal, ED itself is engaged in an activity with “substantial illegal purpose.” Let that sink in.
Public Comment Mic  Drops: And Satra D. Taylor, a student loan borrower, Black woman, and SBPC fellow, who was also not selected by ED to negotiate, shared more thoughts during public comment:
“I am disheartened and frustrated by what I have witnessed over the last few days… It has become clear that this Administration is intent on… making college once again exclusive to white, male, and wealthy individuals. These political attacks, disguised as rulemaking, are inequitable and target communities from historically marginalized backgrounds. The PSLF program has provided a vital incentive for Americans interested in serving our country and local communities, regardless of their political affiliation. The Department’s efforts to engage in rulemaking and to change PSLF eligibility are directly related to the goal of Trump’s Executive Order and exceed the Administration’s authority…” | 
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