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Uncover the Mysteries of the Law and Regulations Anita Wojick U.S. Department of Education

Session FF-11. Uncover the Mysteries of the Law and Regulations Anita Wojick U.S. Department of Education. What’s Important?. How Does a Bill Become a Law? Laws VS. Regulations What's the Federal Register? What's the Blue Book? What is meant by “Guidance"?

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Uncover the Mysteries of the Law and Regulations Anita Wojick U.S. Department of Education

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  1. Session FF-11 Uncover the Mysteries of the Law and Regulations Anita Wojick U.S. Department of Education

  2. What’s Important? • How Does a Bill Become a Law? • Laws VS. Regulations • What's the Federal Register? • What's the Blue Book? • What is meant by “Guidance"? • Finding Answers Using the Federal Student Aid Handbook and Dear Colleague Letters

  3. Title IV Federal StudentAid Programs • Pell Grants • Academic Competitiveness Grant • National SMART Grant • TEACH Grant • Campus Based Programs • FSEOG, FWS, Federal Perkins Loan • FFELP/FDLP

  4. Congress Creation and modification of programs Need analysis formula Maximum grant and loan amounts Amount of funding Executive Branch Cash management Audit criteria Enforcement (L, S & T) FAFSA design Reporting requirements Who’s Responsible?

  5. Law – The Process • Authorizing Legislation • Established HEA of 1965 as amended • Reauthorization changes/renews authorizing legislation approximately every 5 years • Appropriating Legislation • Annually funds programs • Budget bills

  6. How the Law is Numbered • Title IV, Part G - General Provisions • Subpart (Arabic numerals when used) • Section 484 - Student Eligibility • Subsection (c) - Satisfactory Progress • Paragraph (1) • Subparagraph (A) • Division - lower case Roman - (i), (ii), (iii) • Clause - upper case Roman - (I), (II), (III) • Example: Sec. 484(c)(1)(A)

  7. What Is Reauthorization? Process of “reauthorizing” or continuing the existing law • Reauthorization of the Higher Education Act of 1965, as amended • Originally enacted as part of President Johnson’s Great Society” programs • Authorizations “sunset” and must be renewed • Authorizes all federal Higher Education Programs

  8. Why Reauthorization? • Reauthorization provides the opportunity for Congressional review • Public hearings • More time to consider ideas • Ability to review fundamental issues • Access • Choice • Eligibility • Subsidies • Accountability

  9. Latest Reauthorization • Higher Education Opportunity Act of 2008 enacted August 14, 2008 • Also known as H.R. 4137

  10. Hand-off To The Executive Branch • Presidential signature required on all changes to the law • Date of enactment is the date that the President signs a bill into law

  11. Hand-off To The Executive Branch • Executive Branch must execute and enforce laws • Statutory language may be vague • Congress may direct that regulations be written or may prohibit regulation • Regulations are the primary vehicles that executive branch agencies use to interpret and enforce statutes • Sub-Regulatory guidance includes Dear Colleague Letters, forms, Audit Guide

  12. Federal Regulations • Regulations • Promulgated by appropriate federal agency • U.S. Department of Education • Reviewed by Office of Management and Budget (OMB) • Implements and adds detail to statute

  13. Regulatory Process • Negotiated Rulemaking (Neg-Reg) • Mandated by the Higher Education Act (HEA) • All rules implementing changes to the Higher Education Act, and revisions to regulations, are subject to this process • Secretary consults with the “community”

  14. Regulations - The Process • Initially published in the Federal Register • Notice of Proposed Rulemaking (NPRM) • Comment periods 30, 45, 60, or 120 days • Final Rules • Effective date 45-days following publication or later date published in Federal Register • Notices • Provide regulatory deadlines and announcements

  15. Master Calendar • Rules must be published by the preceding November 1 to be effective for an academic year • Example: rules published by November 1, 2007 will be effective on July 1, 2008 for 2008-2009 award year • Secretary may permit earlier implementation

  16. Title IV Regulations -Federal Register • The official daily publication of rules, proposed rules, and notices • Prepared annually by the NARA; published by GPO • Available on online or in hardcopy

  17. Codification of rules Divided into 50 titles; Title 34 governs federal student aid Updated once each calendar year Available online or in hardcopy Title IV Regulations - Code of Federal Regulations

  18. How Regulations Are Numbered • Title - 34 • Part – numbers 600 thru 694 • Subpart – numbers following the decimal point • Section – small letter, e.g. (a) • Explanatory Subsections • (1)(i)(A) • Example: the Standards of Administrative Capability Regulatory Cite is 34 CFR 668.16

  19. Guidance vs. Laws and Regulations • Guidance is information that provides direction or advice as to a decision or course of action • Guidance, as related to the Title IV programs, is • Issued by ED • Helps financial aid administrators interpret laws/regs • Administered in several different forms

  20. Primary resource for financial aid administrators Provides “plain language” explanation of laws and regulations Published annually Available online or in hardcopy Title IV Guidance - FSA Handbook

  21. Title IV Guidance - The Blue Book • Primary resource for school Business Office • Available online or in hardcopy

  22. Title IV Guidance -Dear Colleague Letters • Issued by ED to provide additional policy/guidance • Q&A’s • Technical information • Introduce new rules • Explain rules in existence • Explain policies

  23. ANN CB FP GEN P DLB Training Announcements Campus-based Programs Financial Partners General Distribution Pell Grant Program Direct Loan Bulletins Dear Colleague Letter Numbering

  24. Dear Colleague Letter Numbering GEN-08-02 GEN = type of letter 08 = calendar year 02 = number of letter in that calendar year Second GEN letter in 2008

  25. Title IV Guidance -Electronic Announcements • Less formal memos/letters from Senior FSA staff to assist schools • Provide updates, guidance, reminders, notices • Delivered electronically • Sent to SAIG mailbox • Listed on IFAP by date

  26. Where can I find this information? • Information For Financial Aid Professionals ifap.ed.gov • Financial Aid Professionals Portal fsa4schools.ed.gov/SCHOOLSWebApp/index.jsp

  27. What’s Involved? - Review • The Law – Higher Education Act of 1965, as amended • Created by Congress • Regulations – implement the Law • Created by ED through negotiated rulemaking process • Dear Colleague Letters • Issued by ED to provide additional policy/guidance • Electronic Announcements • Less formal information from ED to assist schools

  28. Legislation and Regulation Now You’re An Expert!!!

  29. Anita Wojick Training Officer 617-289-0130 anita.wojick@ed.gov Contacts Your feedback and comments are appreciated.

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