1. Federal Regulations and You NYSFAAA Conference October 20, 2010

2. Presentors Irv Bodofsky – SUNY Upstate Medical University, Emeritus Dan Hunter – Buffalo State College, Emeritus Mike McGraw – Tompkins Cortland Community College, Emeritus 2

3. The Hierarchy of Legal Authority Statute Regulations Sub regulatory guidance – Federal Student Aid Handbook – Dear Colleague Letters – Q & A – Emails, letters, etc. 3

4. Why be concerned about regulations? FA handbook is ED’s interpretation. You may have a different interpretation. Only way to understand what you really can and cannot do under the law. Professional Responsibility. 4

5. Why Create Regulations? To implement legislation – Defines how to comply with the law – Some legislation is considered to be self- implementing. Appropriations, for example. – Sometimes Congress makes certain things off limits. PJ, for example. To solve problems that come to the attention of the Department of Ed. – Example, regulations expected November 1 5

6. Negotiated Rulemaking What is it? Authorization Who can participate? Protocols – Consensus – Failure to achieve consenus 6

7. Negotiated Rulemaking Goal is to produce an NPRM Notice of Proposed Rule Making A formal notice to the public by a government agency that they intend to create new regulations or modify already existing regulations. 7

8. READING & RESPONDING TO AN NPRM Or, How Not to Fall Asleep

9. THE INTRODUCTION Summary Dates Addresses Further Information 9

10. SUPPLEMENTARY INFORMATION The most important part Recap of NegReg process and participants Explanation of each major proposal, and the justification for it. 10

11. Additional Sections Proposed Regulations Reasons Costs and Benefits Clarity of Regulations Regulatory Flexibitily Paperwork Reduction Act of 1995 Invitation to Comment 11

12. Master Calendar Effective Dates New regulations effective at the beginning of the next academic year (July 1) Final regs must be published by November 1, If not published by November 1, not effective until the following year. 45 day emergency implementation Early implementation if deemed advantageous to schools and specifically permitted. 12

13. GENERAL RULES FOR RESPONDING Keep it short Explain who you are, and why you are responding Submit by the deadline Constructive criticism 13

14. GENERAL RULES FOR RESPONDING What Counts? –Numbers - Associations are only one response –Content - a good argument can make the point What to say? –If you agree, say so, if you disagree, why? –Is their reason valid? –Are there alternatives? –Is the proposed language clear? –Use examples of how students will be impacted Copy FA Associations and your boss! 14

15. Handling Responses Yes, the Department staff reads every letter and every comment that is received. Comments are broken down by the section of the regulation that they apply to, and each is reviewed. A response is drafted for each comment. 15

16. Final Regulations Or, Where the Rubber Meets the Road

17. What to look for Introduction Analysis of public comments and changes Regulatory language 17

18. Sources of Information NASFAA, NYSFAAA, EASFAA State agencies Other associations (NACUBO) Media (Chronicle, Insider Higher Ed) 18

19. Compilations of Regs NASFAA – need to be a member IFAP – – Under laws and regulations – Only from 2008 – Or GPO compliation, but compiliations don’t have preamble, etc. Which is why people like George save a paper or electronic copy. http://www.gpoaccess.gov/cfr/ 19

20. A FAMILIAR TOPIC Draft of FAFSA for 2011-2012 Request for comments Here is a chance to make a difference 20

21. 21 Summary Deadline Dates Where to send response

22. 22 FAFSA Forms affected by proposed changes

23. 23 In case you wanted to know Very interesting

24. 24 How to get copies of the FAFSA The End

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33. NASFAA’S SUMMARY OF CHANGES Colors are different Design consistent with 2010-2011 New Question #27 for applicants who indicate they have a high school diploma. What is the name of the high school where you or will receive high school diploma. Write in the name of high school and the city and state. 33

35. 35 The word “loan” was taken out of the sentence. Dropped enrollment status formerly Question. #30

36. NASFAA’S SUMMARY OF CHANGES Review the Summary of Changes A number of questions have been re-worded For example: #17, – Month and year you were married; remarried, separated, divorced or widowed #60 (2010-11), #59 (2011-12) same change May agree with the change, if you do, say that you agree in your letter 36

37. SEND COMMENTS Electronically: FAFSA.Comments@ed.gov Copy to: ICDocketMgr@ed.gov By Mail: U.S. Department of Education 400 Maryland Avenue SW,LBJ Washington, D.C. 20202-4537 37

38. Questions?? We hope that this presentation gives you some ideas on how to prepare for and respond to NPRMs and read final regulations. Please consider taking a moment or two to prepare and send a response to the FAFSA Notice of Proposed Information Collection. Thank You. 38