Title: Uncover the Mysteries of the
1Session FF-11
- Uncover the Mysteries of the
- Law and Regulations
- Anita Wojick
- U.S. Department of Education
2Whats Important?
- How Does a Bill Become a Law?
- Laws VS. Regulations
- What's the Federal Register?
- What's the Blue Book?
- What is meant by Guidance"?
- Finding Answers Using the Federal Student Aid
Handbook and Dear Colleague Letters
3Title IV Federal StudentAid Programs
- Pell Grants
- Academic Competitiveness Grant
- National SMART Grant
- TEACH Grant
- Campus Based Programs
- FSEOG, FWS, Federal Perkins Loan
- FFELP/FDLP
4Whos Responsible?
- Congress
- Creation and modification of programs
- Need analysis formula
- Maximum grant and loan amounts
- Amount of funding
- Executive Branch
- Cash management
- Audit criteria
- Enforcement (L, S T)
- FAFSA design
- Reporting requirements
5Law The Process
- Authorizing Legislation
- Established HEA of 1965 as amended
- Reauthorization changes/renews authorizing
legislation approximately every 5 years - Appropriating Legislation
- Annually funds programs
- Budget bills
6How the Law is Numbered
- Title IV, Part G - General Provisions
- Subpart (Arabic numerals when used)
- Section 484 - Student Eligibility
- Subsection (c) - Satisfactory Progress
- Paragraph (1)
- Subparagraph (A)
- Division - lower case Roman - (i), (ii), (iii)
- Clause - upper case Roman - (I), (II), (III)
- Example Sec. 484(c)(1)(A)
7What Is Reauthorization?
- Process of reauthorizing or continuing the
- existing law
- Reauthorization of the Higher Education Act of
1965, as amended - Originally enacted as part of President Johnsons
Great Society programs - Authorizations sunset and must be renewed
- Authorizes all federal Higher Education Programs
8Why Reauthorization?
- Reauthorization provides the opportunity for
Congressional review - Public hearings
- More time to consider ideas
- Ability to review fundamental issues
- Access
- Choice
- Eligibility
- Subsidies
- Accountability
9Latest Reauthorization
- Higher Education Opportunity Act of 2008 enacted
August 14, 2008 - Also known as H.R. 4137
10Hand-off To The Executive Branch
- Presidential signature required on all changes to
the law - Date of enactment is the date that the President
signs a bill into law
11Hand-off To The Executive Branch
- Executive Branch must execute and enforce laws
- Statutory language may be vague
- Congress may direct that regulations be written
or may prohibit regulation - Regulations are the primary vehicles that
executive branch agencies use to interpret and
enforce statutes - Sub-Regulatory guidance includes Dear Colleague
Letters, forms, Audit Guide
12Federal Regulations
- Regulations
- Promulgated by appropriate federal agency
- U.S. Department of Education
- Reviewed by Office of Management and Budget (OMB)
- Implements and adds detail to statute
13Regulatory Process
- Negotiated Rulemaking (Neg-Reg)
- Mandated by the Higher Education Act (HEA)
- All rules implementing changes to the Higher
Education Act, and revisions to regulations, are
subject to this process - Secretary consults with the community
14Regulations - The Process
- 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
- Provide regulatory deadlines and announcements
15Master Calendar
- Rules must be published by the preceding November
1 to be effective for an academic year - Example rules published by November 1, 2007 will
be effective on July 1, 2008 for 2008-2009 award
year - Secretary may permit earlier implementation
16Title IV Regulations -Federal Register
- The official daily publication of rules, proposed
rules, and notices - Prepared annually by the NARA published by GPO
- Available on online or in hardcopy
17Title IV Regulations - Code of Federal
Regulations
- Codification of rules
- Divided into 50 titles Title 34 governs federal
student aid - Updated once each calendar year
- Available online or in hardcopy
18How Regulations Are Numbered
- Title - 34
- Part numbers 600 thru 694
- Subpart numbers following the decimal point
- Section small letter, e.g. (a)
- Explanatory Subsections
- (1)(i)(A)
- Example the Standards of Administrative
Capability Regulatory Cite is 34 CFR 668.16
19Guidance vs. Laws and Regulations
- Guidance is information that provides direction
or advice as to a decision or course of action - Guidance, as related to the Title IV programs, is
- Issued by ED
- Helps financial aid administrators interpret
laws/regs - Administered in several different forms
20Title IV Guidance - FSA Handbook
- Primary resource for financial aid administrators
- Provides plain language explanation of laws and
regulations - Published annually
- Available online or in hardcopy
21Title IV Guidance - The Blue Book
- Primary resource for school Business Office
- Available online or in hardcopy
22Title IV Guidance -Dear Colleague Letters
- Issued by ED to provide additional
policy/guidance - QAs
- Technical information
- Introduce new rules
- Explain rules in existence
- Explain policies
23Dear Colleague Letter Numbering
- Training Announcements
- Campus-based Programs
- Financial Partners
- General Distribution
- Pell Grant Program
- Direct Loan Bulletins
24Dear Colleague Letter Numbering
- GEN-08-02
- GEN type of letter
- 08 calendar year
- 02 number of letter in that calendar year
- Second GEN letter in 2008
25Title IV Guidance -Electronic Announcements
- Less formal memos/letters from Senior FSA staff
to assist schools - Provide updates, guidance, reminders, notices
- Delivered electronically
- Sent to SAIG mailbox
- Listed on IFAP by date
26Where can I find this information?
- Information For Financial Aid Professionals
- ifap.ed.gov
- Financial Aid Professionals Portal
- fsa4schools.ed.gov/SCHOOLSWebApp/index.jsp
27(No Transcript)
28(No Transcript)
29Whats Involved? - Review
- The Law Higher Education Act of 1965, as
amended - Created by Congress
- Regulations implement the Law
- Created by ED through negotiated rulemaking
process - Dear Colleague Letters
- Issued by ED to provide additional
policy/guidance - Electronic Announcements
- Less formal information from ED to assist schools
30Legislation and Regulation
31Contacts
Your feedback and comments are appreciated.
- Anita Wojick
- Training Officer
- 617-289-0130
- anita.wojick_at_ed.gov