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

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Presentation on theme: "Where is it Written & How do You Get it That Way? CASFAA Conference December 2008 Pat Hurley, Glendale College Beryl Schantz, EdFund."— Presentation transcript:

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 2

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 3

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 4

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 5

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 6

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 7

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) 8

9 Secretary of Education Margaret Spellings 9

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 10

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 11

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 12

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 13

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 14

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 15

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 16

17 17

18 State Legislative Process California State Assembly Chair, Committee on Higher Ed- Anthony Portantino California State Senate Chair, Committee on Education – Jack Scott 18

19 You are the Expert ― Be Heard!  Pick your topic & voice your opinion  Get to know your state and federal legislators & email them  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

20  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 The Hierarchy of Resources 20

21  Authorizing legislation −Public Law (P.L.) 89-329 signed into law 11/08/65 Higher Education Act of 1965 21

22  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” Evolution of the HEA 22

23 Organization of the HEA Name of Element CaseFormatTypeExample TitleUpperNumericRomanTitle IV PartUpperAlphaPart B SubpartN/ANumericArabicSubpart 1 SectionN/ANumeric 3 digitArabic427 SubsectionLowerAlpha in Parentheses427(a) ParagraphN/ANumeric in ParenthesesArabic427(a)(2) SubparagraphUpperAlpha in Parentheses427(a)(2)(C) DivisionLowerNumeric in ParenthesesRoman427(a)(2)(C)(i) ClauseUpperNumeric in ParenthesesRoman427(a)(2)(C)(i)(I) 23

24  Provides our industry with guidance on how to apply the law −Schools −Lenders −Guarantors −Secondary Markets −Servicers −Third-party consultants Regulations 24

25  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 Code of Federal Regulations 25

26  600 Institutional Eligibility  668 General Provisions  674 Federal Perkins Loan Program  675 Federal Work-Study Program  676 Federal SEOG Program  682 Federal Family Education Loan  685 Federal Direct Loan Program  690 Federal Pell Grant Program  691 ACG and SMART Grant Programs Regulation Part Numbering 26

27 Organization of the CFRs 27 Name of Element CaseFormatTypeExample TitleN/ANumeric (1-50)ArabicTitle 34 SubtitleUpperAlpha (A-C)Subtitle B VolumeN/ANumeric (1-3)ArabicVolume 3 ChapterUpperNumeric (I-XII)RomanChapter VI PartN/ANumericArabic682 SectionN/ANumericArabic682.201 SubsectionLowerAlpha in Parentheses682.201(a) ParagraphN/ANumeric in ParenthesesArabic682.201(a)(4) SubparagraphLowerNumeric in ParenthesesRoman682.201(a)(4)(i) DivisionUpperAlpha682.201(a)(4)(i)(A)

28  Formerly Dear Colleague Letters (DCL)  Guidance −After HEA amended −Before and after regulations published  Clarifications  Technical updates  System enhancement summaries Dear Partner Letters (DPL) 28

29  ANN Training Announcements  CB Campus-based Programs  FP Financial Partners  GEN General Distribution Letters  P Pell Grant Program  N/A Electronic Announcements Letter Types 29

30  GEN-08-11(JUL) −08 designates the year 2008 −11 indicates 11 th General letter published in 2008 −(JUL) denotes the month the letter was published (July) DPL Numbering System 30

31  Federal Student Aid Handbook  ED Title IV Training Materials  Counselor’s Handbook  Audit Guide  Much, much more! ED Publications 31

32  Common Manual – Unified Student Loan Policy  NASFAA Newsletters & Encyclopedia  NCHELP documents  Guarantor Policy Bulletins Non-ED Policy Guidance 32

33  Individual institution submits a policy question  ED returns response to inquiry −Provides guidance specific to a particular situation −Program review documentation −Lacks legal enforceability Private Letters 33

34  ED publications & related site links −Information for Financial Aid Professionals (IFAP)  Library of Congress −Thomas Legislative Information on the Internet  Public Law (by P.L. number) Electronic Resources 34

35  U.S. Government Printing Office (GPO) −Online Bookstore −Public Laws −U.S. Code −Code of Federal Regulations search.html Electronic Resources (cont.) 35

36  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 Electronic Resources (cont.) 36

37  National Council of Higher Education Loan Programs (NCHELP) −e-Library  Topical Index (table of HEA & CFR cites)  Training modules −Reauthorization and Reconciliation information −Integrated regulations Electronic Resources (cont.) 37


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