federal regulations and you nysfaaa conference october 20, 2010

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Federal Regulations and You NYSFAAA Conference October 20, 2010

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Page 1: Federal Regulations and You NYSFAAA Conference October 20, 2010

Federal Regulations and You

NYSFAAA ConferenceOctober 20, 2010

Page 2: Federal Regulations and You NYSFAAA Conference October 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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Page 3: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 4: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 5: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 6: Federal Regulations and You NYSFAAA Conference October 20, 2010

Negotiated Rulemaking

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

– Consensus– Failure to achieve consenus

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Page 7: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 8: Federal Regulations and You NYSFAAA Conference October 20, 2010

READING & RESPONDING TO AN NPRM

Or,

How Not to Fall Asleep

Page 9: Federal Regulations and You NYSFAAA Conference October 20, 2010

THE INTRODUCTION

• Summary

• Dates

• Addresses

• Further Information

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Page 10: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 11: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 12: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 13: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 14: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 15: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 16: Federal Regulations and You NYSFAAA Conference October 20, 2010

Final Regulations

Or,

Where the Rubber Meets the Road

Page 17: Federal Regulations and You NYSFAAA Conference October 20, 2010

What to look for

• Introduction

• Analysis of public comments and changes

• Regulatory language

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Page 18: Federal Regulations and You NYSFAAA Conference October 20, 2010

Sources of Information

• NASFAA, NYSFAAA, EASFAA

• State agencies

• Other associations (NACUBO)

• Media (Chronicle, Insider Higher Ed)

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Page 19: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 20: Federal Regulations and You NYSFAAA Conference October 20, 2010

A FAMILIAR TOPIC

•Draft of FAFSA for 2011-2012

•Request for comments

•Here is a chance to make a difference

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Page 21: Federal Regulations and You NYSFAAA Conference October 20, 2010

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Summary

Deadline Dates

Where to send response

Page 22: Federal Regulations and You NYSFAAA Conference October 20, 2010

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FAFSA Forms affected by proposed changes

Page 23: Federal Regulations and You NYSFAAA Conference October 20, 2010

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In case you wanted to know

Very interesting

Page 24: Federal Regulations and You NYSFAAA Conference October 20, 2010

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How to get copies of the FAFSA

The End

Page 25: Federal Regulations and You NYSFAAA Conference October 20, 2010

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Page 28: Federal Regulations and You NYSFAAA Conference October 20, 2010

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Page 29: Federal Regulations and You NYSFAAA Conference October 20, 2010

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Page 31: Federal Regulations and You NYSFAAA Conference October 20, 2010

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Page 32: Federal Regulations and You NYSFAAA Conference October 20, 2010

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Page 33: Federal Regulations and You NYSFAAA Conference October 20, 2010

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

Page 36: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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Page 37: Federal Regulations and You NYSFAAA Conference October 20, 2010

SEND COMMENTS

• Electronically:• [email protected]• Copy to:• [email protected]• By Mail:

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

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Page 38: Federal Regulations and You NYSFAAA Conference October 20, 2010

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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