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Where is it Written & How do You Get it That Way? CASFAA Conference December 2008

Where is it Written & How do You Get it That Way? CASFAA Conference December 2008 Pat Hurley, Glendale College Beryl Schantz, EdFund. Government. Legislative – makes laws (HEA) U.S. Senate & House of Representatives California Senate & State Assembly

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Where is it Written & How do You Get it That Way? CASFAA Conference December 2008

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  1. Where is it Written & How do You Get it That Way? CASFAA Conference December 2008 Pat Hurley, Glendale College Beryl Schantz, EdFund

  2. Government • Legislative – makes laws (HEA) • U.S. Senate & House of Representatives • California Senate & State Assembly • Executive – administers/regulates laws • President & Secretary of U.S. Department of Education (ED) • Governor • Judicial – interprets laws • U.S. Attorney General • State Attorney General

  3. LEGISLATION vs. REGULATION • Legislation – passage of laws • Congress/legislature proposes & adopts • President/governor signs or vetoes • Amends the U.S. Code -- the “statute” • Regulation - interprets and adds operational detail to statute • Cannot change the statute • Hearings, comment periods • Federal Negotiated Rulemaking • Reviewed by Office of Management and Budget (OMB) and ED Attorney General • Interim, Interim-Final & Final Regulations

  4. Authorization vs. Appropriation Authorizing Legislation • Introduced by a Representative or Senator to amend or create a federal statute, such as the Higher Education Act • Creates programs • Authorizes expenditure ceilings Appropriating Legislation • Budget Bills • Determines the actual amount of funding, usually less than the amount appropriated

  5. Federal Legislative Process Committee Process • Hearings on Issue (optional) • Bill is introduced • Subcommittee “Mark-Up” • Legislation “Reported” • Full Committee “Mark Up” • Legislation “Reported” • “Floor” Action • Passage or Rejection • Sent back to Committee or Referred to Other Chamber

  6. FEDERAL LEGISLATIVE PROCESS (Final Action) • Conference Committee • Attempts to resolve differences between House and Senate-passed bills • Result is a “Conference Report” -- includes explanatory language and recommendations • Final Vote • Identical Conference Report must be approved by House and Senate before it can be sent to the President • President Signs or Vetoes

  7. Congress Senate Education Committee Edward Kennedy (D-MA) Chairman, Committee on Health, Education, Labor & Pensions Christopher Dodd (D-CT) Chairman, Subcommittee on Children & Families

  8. Congress House Education Committee George Miller (D-CA) Chairman Committee on Education & Labor Ruben Hinojosa (D-TX) Chairman Subcommittee on Higher Education, Lifelong Learning and Competitiveness Dale Kildee (D-MI) Chair Early Childhood, Elementary and Secondary Subcommittee (NCLB)

  9. Secretary of EducationMargaret Spellings

  10. U.S. Department of Education • Hot issues • Loan program bailout & accountability • Campus security • Program revamping & consolidation • Simplification and transparency of information • Emphasis on transparency, accountability, college cost & consumer info

  11. Negotiated Rulemaking (NegReg) • First negotiate, then regulate • The process • Non-federal negotiators nominated by the field, appointed by the Secretary • Issues proposed for regulation • Proposed language submitted by Dept • Regulations approved by full consensus • If no consensus on all language, authority to write all regulations under discussion reverts to the Secretary

  12. Possible NegReg Issues • Student dependency changes • Loan deferments (public service, etc) • Private loan restrictions • FAFSA simplification • New ATB criteria • Unsub loan eligibility without parent info • Loan default rate appeals • Pell limits • Eligibility of disabled students • IRS/FAFSA interface

  13. Other Opportunities to Comment • Annual Requests for Comments • FAFSA design & ISIR Comment wording • FISAP layout • Where to find deadlines • Federal Register • IFAP • NASFAA News • Higher Ed News • Association alerts

  14. NegReg and You • Your role during NegReg • Know who represents your segment or interests • Follow the issues (IFAP, NASFAA) • Your role after NegReg • Review NPRM in Federal Register • Respond within comment period • Send Comments to • ED (see Federal Register) • Federal Issues Committees • NASFAA

  15. Other Agencies Influencing Federal Financial Aid Policy • National Advisory Committee on Financial Aid • Hearings • Requests for comments • National Higher Ed Associations • NASFAA, ACE, AASCU, NAICU, CCA, Student Assoc • Special interest groups • State Attorney General • College president or lobbyist

  16. State Laws • Ballot proposition • An initiative approved by the AG office • 433,971 signatures of registered voters • Majority vote in general election • Legislators pass a bill • Legislator makes a proposal • Legislator’s own idea • Proposal from lobbying group • Proposal from individual • Staff draft bill • Senate/Assembly pass & Governor signs

  17. State Legislative Process California State Assembly Chair, Committee on Higher Ed- Anthony Portantino California State Senate Chair, Committee on Education – Jack Scott

  18. You are the Expert ― Be Heard! • Pick your topic & voice your opinion • Get to know your state and federal legislators & emailthem • Join CASFAA committees • CASFAA list-serves, Finaid-L, NASFAA News • Present at conferences • Write an article for the association newsletter • Get your students involved!

  19. The Hierarchy of Resources • Higher Education Act of 1965 (as amended) • Code of Federal Regulations (CFR) • Dear Partner Letters (DPL or DCL) • ED publications • Non-ED publications • Private letters

  20. Higher Education Act of 1965 • Authorizing legislation • Public Law (P.L.) 89-329 signed into law 11/08/65

  21. Evolution of the HEA • Changes or amendments • Reauthorization • Higher Education Opportunity Act of 2008 • P.L. 110-315 signed into law 8/14/08 • Budget or Reconciliation bills • Technical Amendment legislation • Legislative “Rider”

  22. Organization of the HEA

  23. Regulations • Provides our industry with guidance on how to apply the law • Schools • Lenders • Guarantors • Secondary Markets • Servicers • Third-party consultants

  24. Code of Federal Regulations • Title 34 – Education • Subtitle B – Offices of the Department of Education • Chapter VI – Office of Postsecondary Education • Parts contain regulations for the different areas of financial aid

  25. Regulation Part Numbering • 600Institutional Eligibility • 668 General Provisions • 674 Federal Perkins Loan Program • 675 Federal Work-Study Program • 676Federal SEOG Program • 682Federal Family Education Loan • 685 Federal Direct Loan Program • 690Federal Pell Grant Program • 691ACG and SMART Grant Programs

  26. Organization of the CFRs

  27. Dear Partner Letters (DPL) • Formerly Dear Colleague Letters (DCL) • Guidance • After HEA amended • Before and after regulations published • Clarifications • Technical updates • System enhancement summaries

  28. Letter Types • ANN Training Announcements • CBCampus-based Programs • FPFinancial Partners • GEN General Distribution Letters • P Pell Grant Program • N/A Electronic Announcements

  29. DPL Numbering System • GEN-08-11(JUL) • 08 designates the year 2008 • 11 indicates 11th General letter published in 2008 • (JUL) denotes the month the letter was published (July)

  30. ED Publications • Federal Student Aid Handbook • ED Title IV Training Materials • Counselor’s Handbook • Audit Guide • Much, much more! www.ifap.ed.gov

  31. Non-ED Policy Guidance • Common Manual – Unified Student Loan Policy • NASFAA Newsletters & Encyclopedia • NCHELP documents • Guarantor Policy Bulletins

  32. Private Letters • Individual institution submits a policy question • ED returns response to inquiry • Provides guidance specific to a particular situation • Program review documentation • Lacks legal enforceability

  33. Electronic Resources • ED publications & related site links • Information for Financial Aid Professionals (IFAP) http://ifap.ed.gov • Library of Congress • Thomas Legislative Information on the Internet • Public Law (by P.L. number) http://thomas.loc.gov/home/bdquery.html

  34. Electronic Resources (cont.) • U.S. Government Printing Office (GPO) • Online Bookstore http://bookstore.gpo.gov/ • Public Laws http://www.access.gpo.gov/nara/nara005.html • U.S. Code http://www.gpoaccess.gov/uscode/index.html • Code of Federal Regulations http://www.access.gpo.gov/nara/cfr/cfr-table-search.html

  35. Electronic Resources (cont.) • Common Manual • 2008 Annual Update • PDF version suitable for printing • Electronic Common Manual (ECM) • 2008 version finalized in July • Can be down loaded • Integrated Common Manual • Each month it is updated as changes are made www.commonmanual.org

  36. Electronic Resources (cont.) • National Council of Higher Education Loan Programs (NCHELP) • e-Library • Topical Index (table of HEA & CFR cites) http://www.nchelp.org/elibrary/index.cfm?parent=1813 • Training modules • Reauthorization and Reconciliation information • Integrated regulations

  37. QUESTIONS?ORCOMMENTS?

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