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2 Is it in the Regs? Well Maybe - Really? Presenters: David Gelinas Steve Brooks Bill Zahn NCASFAA Fall 2008 Winston Salem, NC

3 It is in the regs - isn’t it? Where can find it? and Where else can I look?

4 I have a question. How do I find out the answer to my question? What does it mean? What is the real Question? Where can I find out what the Department means? We all have questions that come up from time to time about what we are doing or should be doing or … have done with Title IV. This is a general discussion and sharing of ideas, sources and maybe a few answers to those nagging issues. How did we get these rules, where to look, and what the do they mean? How we can influence what happens? Oh! And by the way how about those NC Regs – Well - Yaaah they are there too! How can we find out?

5 Laws and Regulations Higher Education Act of 1965, as amended –The Law, created by Congress Regulations –Created by Department of Education (ED) and others to implement the Law Dear Partner/Colleague Letters –Issued by ED to provide additional policy/guidance Electronic Announcements –Less formal information from ED to assist schools

FYI – where it started The Higher Education Act of 1965 (Pub. L. No ) (the "HEA") was legislation signed into United States law on November *, 1965 as part of President Lyndon Johnson's Great Society domestic agenda. The law was intended “to strengthen the educational resources of our colleges and universities and to provide financial assistance for students in postsecondary and higher education.” It increased federal money given to universities, created scholarships, gave low-interest loans for students, and established a National Teachers Corps. The "financial assistance for students" is covered in Title IV of the HEA. The Higher Education Act of 1965 was reauthorized in 1968, 1972, 1976, 1980, 1986, 1992, 1998, and Current authorization for the programs in the Higher Education Act expires at the end of Before each reauthorization, Congress amends additional programs, changes the language and policies of existing programs, or makes other changes. 6

7 The Law Higher Education Act of 1965 as amended (HEA) –Referred to as HEA, statute, law –Authorizes federal student aid programs Available online on under “Law and Regulations” section

8 Law – the Process Authorizing Legislation –Established HEA of 1965 as amended –Reauthorization changes/renews authorizing legislation approximately every 5 years Appropriating Legislation –Funds the programs annually

9 How the Law is Numbered P.L (10/7/98) reauthorized the HEA Title IV, Part G - General Provisions Subpart (Arabic numerals when used) Section Student Eligibility Subsection (c) - Satisfactory Progress –Paragraph (1) –Subparagraph (A) –Division - lowercase Roman - (i), (ii), (iii) –Clause - uppercase Roman - (I), (II), (III) –Example: Sec. 484(c)(1)(A)

10 Regulations Implement the Law Created by ED and financial aid community

11 Formats for Regulations Federal Registers –Includes regulatory language and additional information Code of Federal Regulations –Compiles only the regulatory language Both formats available on under “Laws and Regulations”

12 Regulations – the Process Negotiated Rule Making – a review process that HEA requires for certain regulations –ED and community hold public meetings Comments used to develop proposed regulations –Selected members of financial aid community meet to develop proposed regulations

13 Regulations – the Process Regulations 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 Regulations compiled once a year –Links to new regulations on Web site

14 Master Calendar Final regulation published by Nov. 1, 2008, becomes effective July 1, 2009 or in some cases sooner, if allowed Nov 1, 2004 July 1, 2005

15 How Regulations Are Numbered Code of Federal Regulations (CFR) –Title –Part –Subpart –Section –Explanatory Subsections (a)(1)(i)(A) Example - Standards of Administrative Capability - 34 CFR CFR

16 FSA Program Regulations Part Subject Drug Free Schools and Campuses Family Educational Rights and Privacy Institutional Eligibility Student Assistance General Provisions General Provisions for Perkins, FWS, FSEOG Federal Perkins Loan Program Federal Work-Study Program Supplemental Educational Opportunity Grant Program Federal Family Education Loan Program William D. Ford Federal Direct Student Loan Program Federal Pell Grant Program ACG and National SMART Grant Programs Leveraging Educational Assistance Partnership Program

17 Dear Colleague/Partner Letters Provide clarifying guidance –Q&A’s –Technical information –Introduce new rules –Explain rules in existence GEN PELL ANN

18 Dear Partner/Colleague Letters –ANNTraining Announcements –CBCampus-based Programs Letters –FPFinancial Partners Letters (FFEL Loans) –GENGeneral Distribution Letters –LEAPLeveraging Educational Assistance Partnership Letters –PPell Grant Program –DLBDirect Loan Bulletins

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20 Note that this is Title 34 of the regulations

21 Additional Resources

22 Additional Resources

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24 Go here for the Department of Education connections You can get to the FSA Handbooks from here too

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Resource 26 This site can provide you with an additional resource venue

27 Additional Resources –Electronic announcements –Handbooks –Contacts Call centers by topic

State Programs Significant source of funding Relatively simple rules and regulations Attempt is made to build on federal rules where feasible

State Law is Foundation General Statutes Session Law Sometimes a program is begun via session law/appropriations bill and then just continued as a budget line item without further legislative action

SEAA Involvement 7 member Board of Directors, appointed by Governor for four year terms Board adopts regulations for most programs Regulations include “interpretive guidance” that has force of regulations Regulations govern the programs unless in conflict with statute

Regulations Available from SEAA: Also administrative procedures are available on CFNC.org:

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33 The objective of a dedicated Financial Aid employee should be to thoroughly analyze all situations; anticipate all problems prior to their occurrence; have answers for these problems and move swiftly to solve these problems when called upon- However when up to you’re backside in alligators it is difficult to remind yourself that your initial objective was to drain the swamp.