1. NYSFAAA NYSFAAA Statewide Training Spring 2009 New Requirements for Exit and Entrance Loan Counseling

2. NYSFAAA Introduction - Background Entrance Counseling Exit Counseling –Repayment Options for Stafford Loans What’s Next ? Discussion AGENDA 2

3. NYSFAAA New Counseling Requirements The Higher Education Opportunity Act (HEOA) was signed into law on 8/14/08 –New entrance/exit requirements –Maintained/duplicated existing requirements –Stricter state statutes may supersede HEOA 3

4. NYSFAAA New Counseling Requirements Mapping Your Future is compliant –Schools must modify profile to add school specific information –It provides a school the ability to customize the counseling start pages. This would meet all requirements of the HEOA. Direct Lending Software is also compliant –Schools must provide borrowers school specific information 4

5. NYSFAAA Entrance Counseling 5

6. NYSFAAA Entrance Counseling Requirements Entrance counseling is now required by law for Grad PLUS borrowers (previously it was only a regulatory requirement). The requirements for entrance counseling are now consistent for both Stafford and Grad PLUS borrowers. Counseling can be conducted in-person or through the use of written or on-line tools. 6

7. NYSFAAA Entrance Counseling Requirements Entrance counseling must take place at or prior to disbursement Students must receive information on –terms and conditions of loan rights and responsibilities of loan 7

8. NYSFAAA Entrance Counseling Requirements Information should be simple and understandable –during in-person entrance counseling –on separate form that borrower signs and returns –online, with borrower acknowledging receipt –encourage the use of quizzes and other interactive tools to test borrower knowledge 8

9. NYSFAAA Entrance Counseling Requirements Entrance Counseling for first time FFEL and DL borrowers added to law consistent with regulations, except: –Borrower’s acknowledgement of receipt is required. If an on-line tool is used, it must include a method for the student to provide an acknowledgement. 9

10. NYSFAAA Entrance Counseling Requirements –If using electronic entrance interview product Must offer Title IV knowledgeable person to answer questions, or Provide the student with a name of someone to contact to obtain answers to questions 10

11. NYSFAAA Entrance Counseling Requirements –Schools must explain interest accrual/capitalization of interest while the borrower is in school –Borrower has option to pay interest on unsubsidized Stafford and Grad PLUS loans while in school (or any other period) –Must provide information on NSLDS and how to access 11

12. NYSFAAA Entrance Counseling Requirements –Schools must explain to borrowers the effect of loan acceptance on their eligibility for other types of aid. –Schools must define ½ time enrollment status at the school and the consequences of not maintaining ½ time status –Schools must explain importance of office contacts when withdrawing so exit counseling can be scheduled 12

13. NYSFAAA Entrance Counseling Requirements –Schools must add information that a borrower is obliged to repay their loans whether or not they completed the program within the regular time for program completion. –Schools must provide contact information for staff to respond to borrower follow-up questions –If a student borrows both Stafford and Grad PLUS, the sample repayment amount must include both Stafford and Grad PLUS 13

14. NYSFAAA Entrance Counseling Requirements Sample monthly repayment amounts have been revised and now must be based on either: –The average cumulative indebtedness of other borrowers in the same program as the borrower at the same school 14

15. NYSFAAA Entrance Counseling Requirements –A range level of indebtedness of Borrowers of subsidized or unsubsidized Stafford loans; and Graduate borrowers of unsubsidized Stafford or Grad PLUS loans 15

16. NYSFAAA Exit Counseling 16

17. NYSFAAA Exit Counseling Requirements Exit Counseling is required for all Stafford, Perkins and is now required for Graduate PLUS borrowers. Schools must provide exit counseling before completion of studies or if a borrower stops attending at least ½ time. If a borrower drops out without notifying the school, the school must confirm that they attempted to contact the borrower to complete exit counseling. 17

18. NYSFAAA Exit Counseling Requirements The school can receive confirmation of on-line counseling or they must mail exit counseling materials within 30 days of learning the borrower dropped out or failed to participate in an exit counseling session. The school must maintain documentation that they tried to contact the student. 18

19. NYSFAAA Exit Counseling Requirements The information must be simple and easy to understand and read and it must address the terms & conditions of the loan (s) they borrowed. It must include the responsibilities the borrower has toward the loan (s). Counseling can be conducted in person or online. Interactive counseling with tests or quizzes are a good way to determine if the borrower understands. 19

20. NYSFAAA Exit Counseling Requirements Expanded to include: –Descriptions of different repayment plans and must include a comparative analysis of the features of those plans, including: anticipated average monthly payments difference in interest paid total payments the student can expect for each plan 20

21. NYSFAAA Exit Counseling Requirements –Must explain that borrower can: prepay loan pay on a shorter schedule change repayment plans –Must include debt management strategies 21

22. NYSFAAA 22 Repayment Options for Stafford Loans Standard Repayment Plan –Fixed amount for 10 years –$50 minimum Graduated Repayment Plan –Start with lower payments –Increase over life of repayment Extended Repayment Plan –Must have minimum of $30,000 loan debt –Offers fixed or graduated payments over longer period of time – up to 25 years –loans must have been disbursed on or after 10/7/98

23. NYSFAAA Repayment Options for Stafford Loans Income-Sensitive Repayment (ISR) –Monthly payment relative to yearly income – FFELP only Income Contingent Repayment (ICR) Plan –Direct Loan borrowers only –FFELP may consolidate into DL to take advantage of this 23

24. NYSFAAA 24 Repayment Options for Stafford Loans Income-Based Repayment (IBR) Plan –Created by CCRA in 2007 –Available 7/1/2009 –Eligible loans include Stafford (Sub & Unsub) – both FFELP and DL GRAD Plus Federal Consolidation Loans –Loans NOT eligible include Parent PLUS Consolidation Loans containing Parent PLUS Perkins Loans (unless part of a federal consolidation loan) Private Loans

25. NYSFAAA Repayment Options for Stafford Loans –Designed to help borrowers experiencing a “partial financial hardship” –Payments are capped at 15% of your income over 150% of the federal poverty level Payments can be extended up to 25 years –After 25 years remaining balance forgiven –If annual household income increases, maximum monthly payment cannot exceed standard 10 year payment 25

26. NYSFAAA Repayment Options for Stafford Loans Both ICR and IBR plans are based on the borrower’s income family size and total amount borrowed. Monthly payment is adjusted annually based on changes in annual income and family size. 26

27. NYSFAAA Exit Counseling Requirements Must include information about the average monthly repayment amount based on the borrower’s indebtedness, or on the average indebtedness of borrowers at their school and for the same program of study (eg. BA vs. MS, vs. AA, etc.) who have obtained the same types of loans Must review the MPN (from entrance counseling) & Terms 27

28. NYSFAAA Exit Counseling Requirements –Must include a description of loan forgiveness, cancellation or discharge Recommended that USDE publications be provided –Must include information on forbearance and deferments Recommended that USDE publications be provided 28

29. NYSFAAA Exit Counseling Requirements –Must include the consequences of default which includes: delinquent loan collections adverse credit reports federal offset or other federal delinquent debt collection procedures litigation 29

30. NYSFAAA Exit Counseling Requirements Must include the effects of Loan Consolidation: –total interest and fees paid –length of repayment –underlying loan benefits such as grace periods, forgiveness, cancellation, discharge and deferment –option to prepay consolidation loan or change repayment plans –how borrower benefits may differ among lenders. 30

31. NYSFAAA Exit Counseling Requirements Must also include: –General description of potential tax benefits available to borrowers Tax credits (3 types) Student Loan interest deduction –Availability of NSLDS and how borrower can access his or her records –Information on the availability of the Student Loan Ombudsman’s Office. 31

32. NYSFAAA Exit Counseling Requirements –Schools must collect the following information as part of exit counseling and provide it to the guarantor for FFELP loans and to the USDE for Direct Loans within 60 days of receipt: Name; Address; Social Security Number; References; Driver’s License Number and State; Expected permanent address; Name and address of next of kin; and Name and address of employer or expected employer 32

33. NYSFAAA 33

34. NYSFAAA What’s Next? 2009 Negotiated Rulemaking has begun –There is a committee (Team II) that will address entrance and exit counseling DCL Gen-08-12 Notes that some topics will be incorporated through notice and rule (without negotiated rulemaking) New presidency, new priorities and new budget 34

35. NYSFAAA Questions?

36. NYSFAAA Evaluation In the days to come, you will receive an online survey that we will use to access and define our training efforts. http://www.surveymonkey.com/s.aspx?sm=VIeXst nH4qcWU5ugbMkshA_3d_3d Thank you. NYSFAAA Statewide Training Committee