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Notices of Proposed Rulemaking Carol Lindsey – TG, Vice President, Policy and Compliance Joe Pettibon, Assistant Provost, Texas A&M University It’s the law! • The Neg Reg process is mandated by law for changes in Title IV program regulations • The process is designed to solicit public input, practitioner expertise, and comments from stakeholders in federal rule changes • This process originates with changes to the law, or issues of concern to ED or the public Important Neg Reg concepts • Goal: to develop a Notice of Proposed Rulemaking (NPRM) that reflects a final consensus of the negotiating committee • Consensus: there must be no dissent by any member on any issue for the committee to reach consensus The process • ED holds meetings/hearings to solicit input on issues • ED proposes topics • ED solicits nominations for non-federal negotiators and alternates • ED selects non-federal negotiators • ED announces proposed topics, confirmed negotiators, and meeting schedule ED Website • http://www2.ed.gov/policy/highered/reg/hea rulemaking/2009/negreg-summerfall.html – Includes a “Team” web page – Includes the NPRM Organizational protocols • Safeguards for members – any member may withdraw at any time – all members shall act in good faith – contact with the press is generally limited to discussion of overall objectives and progress • Meeting facilitation – ED selects third-party facilitators to assist the committee in meetings and other deliberations Committee members • Committees typically involve 12-15 primary negotiators, representing those most likely to be significantly impacted by proposed topics and potential outcomes • Additionally, alternate negotiators are appointed from same broad stakeholder groups represented by primary negotiators Committee members – 2009-2010 • Schools/Lenders – – – – – – – – – 2- year public 4-year public Financial aid administrators Lending community Private nonprofit Private for-profit College presidents Admissions Business officers • Total of 4 negotiators with direct aid experience • Other interests – – – – – – Students Consumers Accreditors Workforce development Test publishers – ATB State higher education officials Organizational protocols Decision making • Consensus – “...there must be NO dissent by ANY member in order for the committee to be considered to have reached agreement.” – “members should not block or withhold consensus unless they have serious reservations….” – “absence will be equivalent to not dissenting” – “all consensus agreements… will be assumed to be tentative… until members… agree to make them final agreements” Neg Reg agenda • Agenda items are chosen on the premise that they can be resolved within the bounds of regulations – Neg Reg does not address items requiring statutory change – Issues for the agenda ideally are those likely to be successfully negotiated — that is, that stand a good chance of reaching consensus The process • Committee approves membership • Committee approves protocols • Committee finalizes agenda topics • ED explains issues and solicits preliminary input • Committee reacts • ED provides draft regulatory language • Negotiations occur • Tentative agreement may be reached on individual issues • Negotiations conclude with or without consensus Rulemaking steps • ED develops preamble and proposed Regs • ED may share preamble with Neg Reg committee if consensus reached • NPRM published – submitted to the Federal Register – posted to IFAP – 30-90 day public comment period Rulemaking steps • ED reviews comments and may make changes • ED responds to public comments in preamble of final rules • Final rules published in Federal Register by November 1 • Final rules become effective, usually July 1 of the next year If consensus reached • ED will use the consensus-based language in the NPRM, UNLESS it reopens the Neg Reg process or provides a written explanation to committee members of the reasons for making changes. If there is a change, committee members may submit comments on the change. • Negotiators and their organizations WILL REFRAIN from commenting negatively on the proposed rules, but may submit comments on any new considerations or important clarifications. If consensus not reached • ED will determine whether or not to proceed with development of proposed regulatory changes • If regulatory changes are proposed, ED will decide what those changes should be, taking into consideration the interests of the federal government , taxpayers, and other stakeholders • Public comments and non-federal negotiator priorities and concerns will also be considered in drafting the proposed regulations The Issues – 2009-2010 • Broad Issues – – – – – – Ability To Benefit State Authorization HS Diploma Incentive Compensation Defining a Credit Hour Agreements between Institutions – Gainful Employment – Retaking Coursework – Misrepresentation • Financial Aid Specific – – – – – Verification SAP Disbursements R2T4 Attendance R2T4 Mini-Sessions Broad issues • Ability To Benefit – Applies to students without a HS diploma or equivalent credential – Should these tests be more closely regulated and monitored • State Authorization – Should schools be eligible for Title IV aid if a state does not license or otherwise authorize – Should there be minimum standards for state authorization Broad issues • High School Diploma – Should there be minimum standards – In reaction to diploma mills • Incentive Compensation – Financial aid or admission officers may not be paid based on securing enrollments – 12 “Safe Harbors” eliminated Broad issues • Defining the Credit Hour – Should there be a standard definition • Agreements Between Institutions – In the case of consortia, should there be a minimum amount of instruction that must be provided by the credential-granting institution • Gainful Employment – What is reasonable loan debt in relation to expected starting salaries Broad issues • Retaking Coursework – Credit hour and clock hour programs do not share uniform requirement • Clock hour > must complete, Credit hour > may retake • Misrepresentation – Should current regulations be enhanced Financial aid specific issues • Verification – Flexibility for ED to identify the data fields to be verified each year – Changed “base year” to “specified year” – Eliminate the 30% rule – Required to send through all ISIR corrections – Applicant must update all dependency changes throughout award year Financial aid specific ssues • SAP – Introduces standardized terminology • Warning and Probation status – Place time limits on continued Title IV eligibility • Yearly versus payment period SAP assessments • Warning status only available if SAP is assessed every payment period Financial aid specific issues • Disbursement – Primary focus on the timing of disbursement – Primary concern is the purchase of books for Pell eligible students – Proposal: Payment of anticipated credit balances must occur by the seventh day of the payment period (if certain conditions apply) • Or, student must be provided sufficient funds to cover the purchase of books/supplies Financial aid specific issues • R2T4: Attendance – Current regs: If “required to take attendance by an outside entity” must use attendance records to establish the withdrawal date. – Proposal: If the institution requires instructors to take attendance, even for just some students or a limited period, the records must be used • Concern: – Census periods > inconsistent treatment depending on timing Financial aid specific issues • R2T4: Mini-Sessions or Modules – Term-based programs with shorter segments – Current guidance: If student completes one module or session in the term, not a withdrawal – Proposal: If student does not complete all days in the payment period, IS considered a withdrawal – This would impact term-based schools with summer mini-sessions on inter-term programs Tentative agreement Questions?