Federal Regulations and You

NYSFAAA ConferenceOctober 20, 2010

Presentors

• Irv Bodofsky – SUNY Upstate Medical University, Emeritus

• Dan Hunter– Buffalo State College, Emeritus

• Mike McGraw– Tompkins Cortland Community College, Emeritus

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The Hierarchy of Legal Authority

• Statute • Regulations• Sub regulatory guidance

– Federal Student Aid Handbook– Dear Colleague Letters– Q & A– Emails, letters, etc.

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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.

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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

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Negotiated Rulemaking

• What is it?• Authorization• Who can participate?• Protocols

– Consensus– Failure to achieve consenus

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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.

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READING & RESPONDING TO AN NPRM

Or,

How Not to Fall Asleep

THE INTRODUCTION

• Summary

• Dates

• Addresses

• Further Information

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SUPPLEMENTARY INFORMATION

• The most important part

• Recap of NegReg process and participants

• Explanation of each major proposal, and the justification for it.

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Additional Sections

• Proposed Regulations• Reasons• Costs and Benefits• Clarity of Regulations• Regulatory Flexibitily• Paperwork Reduction Act of 1995• Invitation to Comment

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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.

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GENERAL RULESFOR RESPONDING

• Keep it short

• Explain who you are, and why you are responding

• Submit by the deadline

• Constructive criticism

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GENERAL RULESFOR 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!

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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.

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Final Regulations

Or,

Where the Rubber Meets the Road

What to look for

• Introduction

• Analysis of public comments and changes

• Regulatory language

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Sources of Information

• NASFAA, NYSFAAA, EASFAA

• State agencies

• Other associations (NACUBO)

• Media (Chronicle, Insider Higher Ed)

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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/

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A FAMILIAR TOPIC

•Draft of FAFSA for 2011-2012

•Request for comments

•Here is a chance to make a difference

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Summary

Deadline Dates

Where to send response

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FAFSA Forms affected by proposed changes

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In case you wanted to know

Very interesting

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How to get copies of the FAFSA

The End

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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.

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The word “loan”was taken outof the sentence.

Dropped enrollment status formerly Question. #30

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

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SEND COMMENTS

• Electronically:• FAFSA.Comments@ed.gov• Copy to:• ICDocketMgr@ed.gov• By Mail:

U.S. Department of Education400 Maryland Avenue SW,LBJWashington, D.C. 20202-4537

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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.

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