HEOA Negotiated Rulemaking Begins

The Department announced it would establish five negotiated rulemaking (negreg) committees to prepare proposed regulations under Title IV of the Higher Education Opportunity Act (HEOA) on Dec. 31, 2008. The Department will kick off the HEOA negreg process today as Team IV meets to discuss discretionary grant issues. The remaining four negreg teams will meet in the coming weeks for their initial meeting. The five negreg teams created by the Department are:

  • Team I - Loans - Lender/General Loan Issues
  • Team II - Loans - School - Based Loan Issues
  • Team III - Accreditation
  • Team IV - Discretionary Grants
  • Team V - General and Non-Loan Programmatic Issues

Financial aid administrators will be well represented at these meetings. NASFAA staff and members will attend negreg meetings to ensure that financial aid concerns are addressed throughout the process.

Today's Negreg  

Team IV will meet today through Friday to discuss the following issues:

TRIO Programs; 

  • Branch campuses and different populations (HEOA section 403(a));
  • Appeals process for unsuccessful TRIO grant applicants (HEOA section 403(a));
  • Revised outcome criteria and measurement of progress (HEOA section 403(a));
  • Foster care and homeless youth (HEOA section 403(a));
  • Required services and permissible services (HEOA section 403);
GEAR UP (HEOA section 404);
  • Priority;
  • Funding rules;
  • Duration of awards;
  • Revised definition of partnerships;
  • Changes to matching funds;
  • Waiver of matching funds;
  • Revision to required and allowable activities under GEAR UP;
  • Revised scholarships;
  • Establishment of a scholarship trust fund;
  • Redistribution or return to the Department of Education of unused scholarship funds after six years;
  • Special Programs for Students Whose Families are Engaged in Migrant and Seasonal Farmwork (HEOA section 408);
  • High school equivalency program eligibility and activities;
  • College assistance migrant program eligibility and activities;
  • Reservation and allocation of funds.

About Negreg  

Under negotiated rulemaking, the Department works to develop a Notice of Proposed Rulemaking (NPRM) in collaboration with representatives of the parties who will be affected significantly by the regulations. This is done through a series of meetings during which these representatives, referred to as negotiators, work with the Department to come to consensus on the Department's proposed regulations. These meetings are facilitated by a neutral third-party.

The Department is specifically required by law to use negotiated rulemaking to develop NPRMs for programs authorized under Title IV of the Higher Education Act of 1965, as amended (Title IV programs) unless the Secretary determines that doing so is impracticable, unnecessary, or contrary to the public interest.


Publication Date: 2/18/2009

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