1. Session 8 Student Loans Going Forward Gail McLarnon Dan Madzelan Office of Postsecondary Education

2. 2 Agenda Legislative Update Negotiated Rulemaking –Student Loans –General Provisions Administrative Issues –Compliance Issues –Dear Colleague Letters

3. 3 Legislation

4. 4 Legislative Update Higher Education Reconciliation Act of 2005 (P.L. 109-171) Third Higher Education Extension Act of 2007 (P.L. 110-109) “Sunshine” Legislation –H.R. 890, S. 486, S. 1262 Senate Reauthorization Bill – S. 1642 House Reauthorization Bill – H.R. 4137 HEROES (P.L. 110-93) College Cost Reduction and Access Act (P.L. 110-84)

5. 5 CCRAA — Benefits for Students Lower Interest Rates New Income Based Repayment Expanded Loan Forgiveness Revised Deferments: Economic Hardship Military Service TEACH Grants

6. 6 CCRAA — Offsets Lenders: –Exceptional Performer Status –Insurance –Loan Fees –Special Allowance Payments Guaranty Agencies: –Collection Retention Allowance –Account Maintenance Fees Origination Auction for PLUS (Parent)

7. 7 2006-07 Negotiated Rulemaking

8. 8 2006-2007 Negotiated Rulemaking 2008-2009 & subsequent award years Federal Register notice –Published on August 18, 2006 Regional hearings –Berkeley, CASeptember 19 –Chicago, ILOctober 5 –Orlando, FLNovember 2 –Washington, DCNovember 9

9. 9 2006-2007 Negotiated Rulemaking Four negotiating committees were established: –Accreditation –General Provisions –Academic Competitiveness & National SMART Grants –Loans

10. 10 Regulations Calendar - LOANS NPRM: Published June 12, 2007 Deadline for Comments: August 13, 2007 241 comments received Final rules: November 1, 2007 Effective date: July 1, 2008 with possible early implementation

11. 11 2006-07 Negotiated Rulemaking LOANS NPRM— –“No Consensus” on NPRM –NPRM Reflects What ED Heard and Internal Deliberations of Secretary’s Loan Task Force

12. 12 Negotiated Rulemaking – Loan Issues Loans Committee Agenda FFEL/DL Issues –ID Theft –Entrance Counseling for PLUS borrowers –Maximum Length of Loan Period

13. 13 Negotiated Rulemaking Loan Issues Loans Committee Agenda FFEL/DL Issues (cont.) –Frequency of Capitalization for Consolidation Loan Borrowers –Determination of Deferment Eligibility by One Loan Holder

14. 14 Negotiated Rulemaking – Loan Issues Loans Committee Agenda (cont.) FFEL Issues –Eligible Lender Trustee Relationships –Preferred Lender –Prohibited Inducements

15. 15 Negotiated Rulemaking Loan Issues Loans Committee Agenda FFEL/DL/Perkins Issues –Use of True & Exact Photocopy of a Death Certificate –Prospective Discharge for Total and Permanent Disability

16. 16 Negotiated Rulemaking – Loan Issues Loans Committee Agenda FFEL/Perkins Issues –Standardize NSLDS Reporting –Retention of Disbursement Records & Certification of E- signatures for Assigned MPNs

17. 17 Negotiated Rulemaking – Loan Issues Loans Committee Agenda Perkins Loan Issues –Clarify eligibility requirements for Child & Family Service Agency Cancellation –Define “reasonable” Collection Costs –Mandate Assignment of Defaulted Perkins Loans

18. 18 Negotiated Rulemaking General Provisions Negotiating committee reached consensus NPRM published August 8, 2007 reflected the consensus language agreed to by committee 22 Public Comments were received by end of comment period on September 7, 2007 Final rules: November 1, 2007 Effective date: July 1, 2008 with possible early implementation

19. 19 Negotiated Rulemaking General Provisions Loan Related Cash Management Provisions: –Recovery of Unclaimed Title IV Funds –Electronic Disbursements of Title IV Funds –Late, Late Disbursements

20. 20 Negotiated Rulemaking General Provisions Loan Related Cash Management Provisions: –Minor Prior Year Charges –Loan Cancellation Notice & Affirmative Confirmation of a Loan –Excess Cash

21. 21 Negotiated Rulemaking General Provisions Loan Related Provisions: –Minimum Period for Certifying a Loan –Treatment of Title IV Loan Funds if a Student Does Not Begin Attendance –Single Disbursement for Perkins Loans

22. 22 Alternative Loans  Alternative loans must be included as “estimated financial assistance” if:  Enrollment is a condition for the loan  Does not matter where loan proceeds are sent or whether school certified enrollment  May replace EFC  Think about it like an outside scholarship

23. 23 NSLDS Access  Web access to the National Student Loan Data System (NSLDS) was suspended for some Title IV student aid program participants on April 17  To ensure privacy is protected and that access to NSLDS is used only for authorized purposes  Web search now requires SSN, Name, and DOB  Ability for schools to add new users reinstated  Guaranty agency web access reinstated  Some lender web access reinstated  State grant agency access reinstated  Lender ELT access still on hold

24. Recent Letters & Announcements

25. 25 Dear Colleague Letters & Electronic Announcements  Dear Colleague Letter  GEN-07-03 Consolidation Loan Process Issues  Electronic Announcement  FFEL Prohibited Inducement Guidance (9/14/2007)  Secretary Spellings wrote to all institutions and lenders urging them to assure students and parents that we have their best interests at heart in providing competitive student loans

26. 26 Contact Information We appreciate your feedback and comments. You can reach us at: Dan Madzelan Phone:202-502-7816 Email:Dan.Madzelan@ed.govDan.Madzelan@ed.gov Fax: 202-502-7874 Gail McLarnon Phone: 202-219-7048 Email: Gail.McLarnon@ed.govGail.McLarnon@ed.gov Fax: 202-502-7874