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Uncover the Mysteries of the

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What's the Blue Book? What is meant by 'Guidance' ... The Blue Book. Primary resource for school Business Office. Available online or in hardcopy ... – PowerPoint PPT presentation

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Title: Uncover the Mysteries of the


1
Session FF-11
  • Uncover the Mysteries of the
  • Law and Regulations
  • Anita Wojick
  • U.S. Department of Education

2
Whats 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

3
Title IV Federal StudentAid Programs
  • Pell Grants
  • Academic Competitiveness Grant
  • National SMART Grant
  • TEACH Grant
  • Campus Based Programs
  • FSEOG, FWS, Federal Perkins Loan
  • FFELP/FDLP

4
Whos 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

5
Law 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

6
How 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)

7
What 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  • Originally enacted as part of President Johnsons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

8
Why 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

9
Latest Reauthorization
  • Higher Education Opportunity Act of 2008 enacted
    August 14, 2008
  • Also known as H.R. 4137

10
Hand-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

11
Hand-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

12
Federal 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

13
Regulatory 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

14
Regulations - 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

15
Master 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

16
Title 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

17
Title 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

18
How 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

19
Guidance 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

20
Title 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

21
Title IV Guidance - The Blue Book
  • Primary resource for school Business Office
  • Available online or in hardcopy

22
Title 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

23
Dear Colleague Letter Numbering
  • Training Announcements
  • Campus-based Programs
  • Financial Partners
  • General Distribution
  • Pell Grant Program
  • Direct Loan Bulletins
  • ANN
  • CB
  • FP
  • GEN
  • P
  • DLB

24
Dear 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

25
Title 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

26
Where can I find this information?
  • Information For Financial Aid Professionals
  • ifap.ed.gov
  • Financial Aid Professionals Portal
  • fsa4schools.ed.gov/SCHOOLSWebApp/index.jsp

27
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28
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29
Whats 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

30
Legislation and Regulation
  • Now Youre An Expert!!!

31
Contacts
Your feedback and comments are appreciated.
  • Anita Wojick
  • Training Officer
  • 617-289-0130
  • anita.wojick_at_ed.gov
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