U.S. Department of Education to Reconvene Negotiators to Deliver Student Debt Relief - Student Borrower Protection Center (2024)

Announcement Comes After Advocates, Lawmakers and Members of Federal Rulemaking Panel Urge Department to Hold a Fourth Negotiated Rulemaking Session to Properly Address Student Loan Hardship

January 31, 2024 | WASHINGTON, D.C. — Following a chorus of calls, according to reporting from USA Today, the U.S. Department of Education (the Department) announced today that it will be convening a fourth session of the student loan debt relief negotiated rulemaking to ensure the Department can develop a robust rule to provide relief to millions of student loan borrowers experiencing hardship.

This announcement comes on the heels of calls from members of both chambers of Congress, and more than 65 organizations representing millions of students, workers, people of color, veterans, and people with disabilities, and most recently, from negotiators from the Department’s student debt relief rulemaking committee.

In response, Persis Yu, Deputy Executive Director at Student Borrower Protection Center (SBPC), issued the following statement:

“We applaud the Biden Administration for once again heeding the calls of student loan borrowers and coming back to the negotiating table to ensure that all borrowers who are experiencing hardship are able to benefit from the President’s program.

“Last year, when the Supreme Court callously robbed millions of working families of debt relief, President Biden stood with borrowers and assured them that he remained in the fight to cancel student debt using every remaining tool available. Today’s announcement marks an important step forward in delivering on that promise and will help ensure that the millions of borrowers crushed under the weight of student loan debt also have the chance for economic freedom from this crisis.”

A copy of the letter from negotiators is available here: https://nylag.org/wp-content/uploads/2024/01/2024.01.30-Letter-from-Negotiators-Fourth-Session.pdf

A copy of the letter to Secretary Cardona sent by lawmakers is available here:
https://www.warren.senate.gov/download/20231208-letter-to-secretary-cardona-re-neg-reg-comment-on-student-debt

A copy of the letter to Secretary Cardona sent by 67 organizations is available here: bit.ly/Letter_ED_Neg-Reg-Session-4_01-18-2024

Late last year, a team of economists and law scholars affiliated with the University of California’s Student Loan Law Initiative (UC SLLI) published new research demonstrating that student debt causes widespread hardship for borrowers and recommending executive action to deliver student debt relief for tens of millions of people. Also this week, the University of California’s Student Loan Law Initiative (UC SLLI) published a new legal analysis demonstrating that the Secretary of Education has the authority under the Higher Education Act to implement a series of actions to deliver relief for tens of millions of people experiencing hardship caused by student debt. Together, these economists and law scholars demonstrate how the Secretary of Education can provide lawful, sweeping student debt relief.

SBPC also released a blog underscoring the need for President Biden’s new debt relief effort to include a plan to support borrowers experiencing hardship and highlighting this new research that can inform an economically and legally sound effort that would provide relief for millions.

Background

Within hours of the U.S. Supreme Court’s ideological decision to strike down the Biden Administration’s original debt relief plan, President Biden announced that he would utilize a different tool—the Higher Education Act—and enact a new debt relief program through the process known as negotiated rulemaking.

Last fall, ED formally kicked off the negotiated rulemaking process, reaching consensus on several proposals that would provide targeted relief to borrowers in certain circ*mstances, such as borrowers who have been paying off their loans for more than two decades, borrowers who have been defrauded by their schools, borrowers who may be eligible for various cancellation programs but have not yet applied and borrowers whose balances have ballooned due to runaway interest. In recognition of the need for a broader category of debt relief, ED requested ideas from negotiators on ways they could support borrowers experiencing hardship as a result of their student loan debt.

Despite negotiators working in good faith to provide proposals to ED and outside student loan experts appearing before the committee to share a groundbreaking analysis of how this can be done, ED failed to present a proposal in time before the conclusion of the third session. As required under the Higher Education Act, proposals must be presented before the negotiated rulemaking committee in order for them to be considered in the final Notice for Proposed Rulemaking (NPRM).

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About Student Borrower Protection Center

Student Borrower Protection Center (SBPC) is a nonprofit organization focused on eliminating the burden of student debt for millions of Americans. We engage in advocacy, policymaking, and litigation strategy to rein in industry abuses, protect borrowers’ rights, and advance racial and economic justice.

Learn more at protectborrowers.org or follow SBPC on Twitter @theSBPC.

Join our mailing listStay informed on the fight to protect Americans with student debt

U.S. Department of Education to Reconvene Negotiators to Deliver Student Debt Relief - Student Borrower Protection Center (2024)

FAQs

Is the student loan forgiveness going to be approved? ›

Borrowers will begin receiving emails from President Biden today telling them they are approved for forgiveness and will not need to take any further action to receive relief. In the coming days servicers will process the forgiveness and borrowers will see their loans forgiven on their accounts.

Who initiated student loan forgiveness? ›

The Public Service Loan Forgiveness (PSLF) program is a United States government program that was created under the College Cost Reduction and Access Act of 2007 signed into law by President George W.

Who would qualify for student loan debt relief? ›

The proposal would permit student debt forgiveness for borrowers with only undergraduate debt if they first entered repayment at least 20 years ago (on or before July 1, 2005), and borrowers with any graduate school debt would qualify if they first entered repayment 25 or more years ago (on or before July 1, 2000).

How will I know if my student loan will be forgiven? ›

If you have loans that have been in repayment for more than 20 or 25 years, those loans may immediately qualify for forgiveness. Borrowers who have reached 20 or 25 years (240 or 300 months) worth of eligible payments for IDR forgiveness will see their loans forgiven as they reach these milestones.

Who qualifies for loan forgiveness in 2024? ›

Under Public Service Loan Forgiveness, borrowers in public service for 10 years who have made 120 months of qualifying payments can get their remaining student debt canceled.

Who pays for the student loan forgiveness? ›

Canceling federal student loans will cost the government money that comes in part from taxpayer dollars. The Congressional Budget Office, which crunches the numbers, said President Biden's plan to cancel student loans could have added $400 billion to the government's expenses.

Has anyone actually gotten student loan forgiveness? ›

Since the White House made changes to PSLF, about 871,000 Americans have received student loan forgiveness through the program, the Biden administration said.

How to get the 10,000 student loan forgiveness? ›

If you received a Pell Grant in college and meet the income threshold, you will be eligible for up to $20,000 in debt relief. If you did not receive a Pell Grant in college and meet the income threshold, you will be eligible for up to $10,000 in debt relief.

Who is advocating for student loan forgiveness? ›

Advocacy In the United States

NASPAA has also advocated for our graduates with student loans, pressing for the continuation and greater accountability of the Public Service Loan Forgiveness Program, and of income-based repayment options for low-paid public servants.

Will I automatically get student loan forgiveness? ›

Cancel student debt for borrowers who entered repayment a long time ago. Borrowers with undergraduate debt would qualify for forgiveness if they entered repayment 20 years ago or more, and borrowers with graduate school debt would qualify for forgiveness if they entered repayment 25 years ago or more.

Why am I not eligible for student loan relief? ›

If you have Parent PLUS Loans, Federal Family Education Loans (FFELs), or Perkins Loans, you aren't eligible for IDR forgiveness with your loans in their current form. However, you may be able to gain eligibility by consolidating your loans with a federal Direct Consolidation Loan.

Who gets denied student loans? ›

Lenders may look at your employment history, credit score, debt-to-income ratio, and enrollment status at your school. One of the most common reasons why a student might not qualify for a private student loan is because they don't meet their lender's FICO® Credit Score criteria.

Will I get a refund if my student loans are forgiven? ›

If your federal student loans are forgiven, you could get a refund, and you might see your credit score dip. Anna Helhoski is a senior writer covering economic news and trends in consumer finance at NerdWallet. She is also an authority on student loans.

What will happen to my credit when my student loans are forgiven? ›

How will student loan forgiveness affect your credit scores? If you're able to secure loan forgiveness, you might see your credit scores drop slightly. That's because student loans, like any other loan, contribute to your credit mix, or the different types of debt that you hold.

Why is my student loan balance zero? ›

Zero balance – the Education Department may have forgiven the student loan debt, but what's more likely is that the loans were moved to a different servicer. Disappeared – the loans defaulted several years ago and fell off the report.

Did the student loan forgiveness end? ›

The U.S. Department of Education's COVID-19 relief for student loans has ended. The 0% interest rate ended Sept. 1, 2023, and payments restarted in October. Never made student loan payments before? Learn what's involved and how to get ready.

What is the Save Plan July 2024? ›

Starting in July 2024, payments for borrowers with only undergraduate student loans will be cut in half. Those monthly payment amounts are currently calculated to be 10% of your discretionary income, but in July 2024 that number will drop to only 5% of your discretionary income.

Will student loans take my taxes in 2024? ›

Important note: As part of the Fresh Start Program, borrowers with eligible defaulted loans are receiving certain relief measures, including tax refunds (and child tax credits) not being withheld. This relief will continue through at least September 2024.

Why is my student loan payment $0? ›

However, if borrowers have no disposable income, as defined by a formula based on the federal poverty level, they're payments are set to $0. These new figures mean more than half of those who have signed up so far have income levels low enough to qualify for $0 loan bills.

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