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Navigating Legislative and Regulatory Processes in Higher Education Funding

Learn how legislation and regulation impact higher education funding, the federal legislative process, and key players influencing financial aid policy. Discover your role in the process and how to provide feedback effectively.

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Navigating Legislative and Regulatory Processes in Higher Education Funding

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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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