Federal Update Jeff Baker Federal Student Aid U.S. Department of Education Dan Madzelan Office of Postsecondary Education U.S. Department of Education.

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Presentation transcript:

Federal Update Jeff Baker Federal Student Aid U.S. Department of Education Dan Madzelan Office of Postsecondary Education U.S. Department of Education NASFAA ‘08

Agenda  Fiscal Year 2009 Budget  Legislative Update  Regulations    Loan Access Initiatives  TEACH Grant

FY 2009 Budget Status

4 Appropriations

5 Aid Available

FY 2009 Budget Proposals

FY 2009 Budget Policy  Provide for “Year-round” Pell Grants  Establish a “Lifetime Limit” for Pell  Implement Consent-Based IRS/FAFSA Data Matching  Provide Loans for Short-Term Training  Modify Public Service Loan Forgiveness  Eliminate the Income-Based Repayment Three-Year Interest Subsidy  Recall Federal Share of Perkins Loans

Legislation

LEGISLATION  Higher Education Reconciliation Act (HERA)  College Cost Reduction and Access Act (CCRAA)  Ensuring Continued Access to Student Loans Act of 2008 (ECASLA)  Higher Education Act Reauthorization

Higher Education Reconciliation Act (GEN-06-02, -04, -05)

HERA  Academic Competitiveness and National SMART Grants  Need Analysis Formula Changes  Reauthorized Student Loans  Increased Loan Limits  Phase-out Borrower Origination Fees  Aligned Repayment Plans  Reduced Insurance and PLUS Interest Rate  “Negative Special Allowance Payments (SAP)”

College Cost Reduction and Access Act (GEN-08-01)

CCRAA  Grant Programs  Mandatory Increases for Pell and Upward Bound  Eliminated Pell “Tuition-Sensitivity” Award Rule  Created TEACH Grants  Loan Programs  Reduced Interest Rates for Undergrad Subsidized  New Income-based Repayment Option  Revised Economic Hardship Deferment  New Public Service Loan Forgiveness  Reduced Insurance and Special Allowance  Parent PLUS Auction Pilot Program

CCRAA  Need Determination  Increased Income Protection Allowances  Changes to Auto-Zero and SNT Eligibility  Exclusion of some untaxed income  Exclusion of special combat pay  Treatment of 529 plan assets and income

CCRAA  Independent Student Definition  Foster care or a ward of the court  Emancipated minor or in legal guardianship  Unaccompanied youth who is homeless  Professional Judgment  Dislocated Worker and Homeless  Dependency Overrides  May use determination made by another school

Ensuring Continued Access to Student Loans Act (GEN-08-08)

ECASLA – Loan Purchases Triple Threat in the Market  Liquidity  Profitability  Capacity ECASLA Authorizes the Secretary  To purchase FFEL loans, at -  No net cost to the government, under -  Terms and conditions established by the Secretary in consultation with Treasury and OMB.

ECASLA – Lender of Last Resort  All Loan Types –  Subsidized Stafford  Unsubsidized Stafford  PLUS for parents and graduate students  Institutional designation of LLR need  Through June 30, 2009

ECASLA – FFEL and Direct Loan  “Additional Unsubsidized” Loan Amounts  New $2,000 for dependent students  Additional $2,000 for independent students  PLUS Loans  Extenuating circumstances for adverse credit may include delinquency of up to 180 days on mortgage payments or on medical bill payments  Delayed repayment start date for parent PLUS borrowers at their option

ECASLA – ACG and SMART Grants Effective January 1, 2009  Both Programs  Eligible Non-Citizens  At least half-time enrollment  Students in certificate programs eligible, if program is at least one year in length and offered at a two or four-year degree granting institution.  Awards based on student’s grade level instead of “academic year”.

ECASLA – ACG and SMART Grants Effective January 1, 2009  ACG Program Only -  Modifies Secretary’s Role in Recognizing Rigorous High School Programs  SMART Grant Program Only -  Non-major single liberal arts programs  Fifth year eligibility if five-year program

Higher Education Act Reauthorization

REAUTHORIZATION  Authorized Through July 31, 2008 (P.L )  S Senate Passed on July 24, 2007  H.R House Passed on February 7,  Currently in Conference  Enacted Legislation ????

Regulations

Rulemaking  All regulations effective July 1, 2008  Student Loans  Final Rule Published Nov. 1, 2007  General Provisions  Final Rule Published Nov. 1, 2007  Academic Competitiveness & National SMART Grants  Final Rule Published Oct. 29, 2007

Loan Regulations

 Identity theft  Grad PLUS counseling requirements  Maximum loan periods  Frequency of capitalization for Consolidation Loans  Deferment eligibility determination (Perkins) FFEL & Direct Loan Issues

 Death Certificates  Total and Permanent Disability  NSLDS Reporting  Retention of Records All Title IV Loans

 Mandatory Assignment  Secretary may require assignment of a Perkins Loan if—  Outstanding principal balance is $100 or more,  In default for 7 or more years, and  No payment has been received in past 12 months  ED will notify schools when to assign loans. Perkins Loan Program

 A school may not:  Refuse or delay certification based on borrower’s choice of lender or GA  Assign lender to first-time borrower  Refuse to certify or certify a reduced amount; except on a case-by-case basis  Includes “school as lender” FFEL School Certifications

 School may choose to have preferred lender(s) list (includes web processes)  List must have at least 3 unaffiliated lenders  Must disclose method/criteria for lender inclusion on the list  Must provide comparative information  Must include prominent statement advising borrowers that use of school preferred lender not required FFEL Preferred Lender Lists

33 Prohibited Inducements  Affects FFEL lenders and guaranty agencies.  Creates concept of “rebuttable presumption” for prohibited and allowed activities.  Includes a non-exhaustive list of prohibited activities.  Includes a list of allowed activities.

Regulations

Rulemaking  TEACH Grant  NPRM Published March 24, 2008  Final Rule Published June 23, 2008  Rules Effective July 1, 2008  Title IV Loan Programs  NPRM Published July 1, 2008  Comment Period Ends August 15, 2008  Final Rule Published no later than Nov. 1, 2008  Rules Effective July 1, 2009

Loan Regulations

Loans NPRM  Definition of Not-for-Profit Holder  FFEL Only  Income-based Repayment Plans  FFEL and Direct Loans  Public Service Loan Forgiveness  Direct Loan only  Economic Hardship and Military Service Deferments  FFEL, Direct Loans, and Perkins

General Provisions Regulations

General Provisions  Uniform definitions for a number of terms that apply to all Title IV programs  Aligns disbursements for all Title IV grant and loan programs (with a few exceptions)  Cash Management  Postwithdrawal Disbursements of Grants  Minimum Period for Certifying a Loan  Annual Loan Limit Progression  Simplified Pell Grant Calculations for non- term programs

ACG/SMART Regulations

ACG and National SMART Grants  Academic Year Progression Flexibilities  Grade Point Average (GPA) for Transfers  Prior Enrollment  Eligible Majors  Rigorous Secondary School Program of Study

FFEL Loan Purchase Programs

Loan Purchase Programs Problem Lack of required liquidity in financial markets impacting ability of FFEL Program lenders and secondary markets to find cost effective financing.

Loan Purchase Programs Response  President’s call for statutory authorities to address problem  Congressional action  Secretary Spellings’ May 21 letter to FFEL lenders  Secretary Spellings’ June 17 letter to colleges and universities

Loan Purchase Programs Response  Ensuring Continuing Access to Student Loans Act of 2008 (P.L )  HR 5715  Signed by the President on May 7, 2008  Strengthened GA Lender of Last Resort Program  Provided Secretary authority to purchase FFEL loans.  Cannot provide advanced funding to lenders

Loan Purchase Programs Program Objectives  Ensure that eligible students and parents receive federal student loans for the academic year  Support the FFEL Program as a successful private/public partnership  Ensure no net cost to the federal government

Loan Purchase Programs Two Program Components  Loan Purchase Commitment Program  Commitment by ED to purchase eligible FFEL loans through September 30, 2009  Any FFEL lender/holder  Loans must be fully disbursed to be purchased  45 day advance notice of loans to be sold  ED’s commitment has value in financial markets

Loan Purchase Programs Two Program Components  Loan Participation Purchase Program  Commitment by ED to purchase “participation interests” in eligible FFEL loans.  Purchase will provide immediate liquidity  To terminate ED’s participation interest lender repays ED with defined yield.  Loans can be redeemed by lender  Loans can be sold to ED

TEACH Grant Regulations

TEACH GRANT PROGRAM  Effective for the award year.  Must be repaid as Direct Unsubsidized Loan if student does not –  Teach for at least four years within eight years of ceasing enrollment in the TEACH Grant eligible program, as a -  Highly Qualified Teacher  At a Title I school  In a specified subject area.

TEACH GRANT PROGRAM  Subject Areas –  Mathematics  Science  A foreign language  Bilingual education and English language acquisition  Special education  As a reading specialist  Other ‘high-need’ fields

TEACH GRANT PROGRAM High-Need Field  TEACH Grant recipient must teach in a high-need field in the majority of classes taught.  “Other” high-need fields must be listed in the Department of Education’s Nationwide Listing of Teacher Shortage Areas at the time the recipient begins qualified teaching.

TEACH GRANT PROGRAM  Recipients can be –  Undergraduate students  Graduate students (Master’s degree only)  Students enrolled in a post-baccalaureate teacher credential program  Current or former teachers or retirees

TEACH GRANT PROGRAM  Up to $4,000 per year for first undergraduate or post-baccalaureate (non degree) program - $16,000 aggregate.  Up to $4,000 per year for graduate student - $8,000 aggregate.  Prorated amounts for less than full-time enrollment.  Award, when combined with other assistance, cannot exceed cost of attendance (No EFC).

TEACH GRANT PROGRAM  Student must:  Be completing coursework necessary to begin a career in teaching, or  Plans to complete coursework necessary to begin a career in teaching.

TEACH GRANT PROGRAM  All Applicants Must—  Enroll in a TEACH Grant-eligible institution in a TEACH Grant-eligible program  Undertake initial counseling  Sign an “Agreement to Serve”  “In for a dollar, in for four years”.

TEACH GRANT PROGRAM  Student Eligibility – Academic Standard  Above the 75 th percentile on one battery of an admissions test, such as:  SAT, ACT, GRE, etc. OR  GPA of at least 3.25 for each payment period—  From high school or college for first year students.  From college for other students.

TEACH GRANT PROGRAM  Institutional Eligibility  See DCL GEN-08-07, posted to IFAP on June 3.  Institutional Choice whether to participate.  An institution that offers one or more TEACH Grant-eligible programs may participate in the TEACH Grant Program.

TEACH GRANT PROGRAM  Funding, awards and disbursements much like Pell, ACG, and SMART’.  Does not matter which loan program school participates in (FFEL or Direct Loans).  Institution has no responsibility for tracking or for conversion of grant to loan.

TEACH GRANT PROGRAM  NSLDS will –  Maintain history and reporting on TEACH Grants.  Pass information to CPS for ISIR.  Add TEACH Grant to Enrollment Reporting Rosters.  Display TEACH Grants converted as Direct Unsubsidized Loan (TEACH).

TEACH GRANT PROGRAM  Failure to complete the teaching service –  Grant amounts must be repaid as an Unsubsidized Direct Stafford Loan, with interest from date of grant disbursement(s).  All regular loan benefits and responsibilities.  Does not count against loan limits.  Does not impact school’s default rate.  A TEACH Grant that is converted to a loan cannot reconvert to a TEACH Grant

Conferences

2008 FSA Conferences  Dallas  October 28 thru 31  Las Vegas  December 2 to December 5

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