We’re Here! Now What?
Student Reflections on Fall 2021 Negotiated Rulemaking
By Greg Norwood and Jennifer Cardenas
“If they don’t give you a seat at the table, bring a folding chair!” This powerful call to action comes from the first Black Congresswoman, Shirly Chisholm. We did just that, we were at the literal table, but a seat did not mean we were able to eat. That was the experience Jennifer Cardenas and I had “at the table” of The Department of Education.
The United States Department of Education negotiated rulemaking process is an opportunity for higher education experts, students, agencies, and community members to come together to discuss policies and procedures that would affect students’ affordability and accessibility in higher education across the US.
A nationwide call was made to serve as representatives in higher education sectors; students, administrators, and elected officials came together and represented the student voices while advocating for our respective communities.
Jennifer, a first-generation, non-traditional Latinx student from a low-income background who recently graduated from Columbia University, and the Outreach Specialist for Young Invincibles from California, answered the call to represent millions of student borrowers. Myself, Greg Norwood, a black, first-generation student at the University of Houston, and the Southern Engagement Manager for Young Invincibles, answered the call to represent millions of dependent students across the country. It was an honor for both of us to bring our experiences to the table, but it also proved to be quite challenging.
We experienced, to be frank, a lack of support from the Department during negotiations. Jennifer aptly described it as feeling like a diversity requirement that ultimately was more performative than transformative. This made it quite difficult to appropriately advocate for the folks we were called to represent. Our experiences were not seen as important as some of the experts at the table, thus weakening the validity of our shared stories. During negotiations, we fought for another student representative to join the table but were shut down, solidifying the department’s bare minimum attitude. And instead of adding additional seats to ensure proper student representation at the next table, the Department merged the student and student loan borrower seats into one for the Institutional and Programmatic Eligibility negotiated rulemaking, effectively weakening the voting power of both constituencies.
We know that the stories of students and borrowers can affect change, and we also know what happens when they are underrepresented at the table. For example, Jennifer and I are public servants, so we resonated with the many borrowers who rely on the Public Service Loan Forgiveness (PSLF) Program to eventually eliminate their student loan debt and have struggled to see their payments count. The process of qualifying for forgiveness through Public Service Loan Forgiveness has historically been extensive and challenging. More often than acceptable, borrowers are deceived, forgotten, and left with a significant amount of debt and wasted time. Our attempts to bring the stories of borrowers who struggled with a broken PSLF program and make fixes to the program were ultimately unsuccessful, and I wonder if the outcome would have been different if we had as many seats for students and borrowers at the table as institutions did.
We spent a considerable amount of time splitting hairs and dehumanizing the process of going to and through college. We used high language and jargon to discuss real-life issues related to income-driven repayment and student loans. And though we reached consensus on several important issues, by failing to bring more student and borrower voices to the table, we failed to bring all our tools to the table to address the problems students and borrowers face.
And yet, even with all we experienced, we’d do it all over again if given the opportunity. But we’re not alone. There are some at the Education Department who believe that students are not interested in negotiated rulemaking; that it is difficult to find students who are willing to give their time and energy to a wonky government process. That is furthest from the truth. What is true is that students want to be seen, heard, and valued. They want to have a say in the rules and regulations that ultimately affect them. It is up to the Department of Education to make it easier for students to be at the table.
Ultimately, the Department of Education has the resources to make it easier and more accessible for students of all backgrounds to participate in these proceedings. We challenge the Department of Education to use its full power to put more seats at the table for students, create an inclusive atmosphere by ensuring students fully understand the topics being discussed, allow space for students to fully participate in these negotiations and ask questions, and compensate those who participate for their time and energy.
We are proud of the work we did. Now it’s time to open up the opportunity for the next group of students to sit at this table. And not just sit but eat, share, and partake. Hopefully, more students will be at the table when it’s all said and done, and the real work of changing higher education can begin.
Jennifer Cardenas is continually working to advance racial equity, anti-racist strategies and inform people about the importance of getting vaccinated. Greg Norwood is the Southern Engagement Manager for Young Invincibles, where he advocates daily for the inclusion of young adults in the political process.