Laws & Guidance HIGHER EDUCATION
Negotiated Rulemaking for Higher Education Spring 2009

Beginning in spring 2009, the Department convened a series of negotiated rulemaking sessions to implement certain parts of the Higher Education Opportunity Act (HEOA) (P.L. 110-315). The Web page for each of the five negotiating teams provides information such as schedules, lists of negotiators, team protocols, issue papers, and other materials.

On March 23, 2010, the Department published in the Federal Register a Notice of Proposed Rulemaking (NPRM). Through this NPRM, the Secretary proposes to amend current regulations, and establish new regulations, for the High School Equivalency Program and College Assistance Migrant Program (HEP and CAMP); the Federal TRIO programs (TRIO Programs--Training Program for Federal TRIO Programs (Training), Talent Search (TS), Educational Opportunity Centers (EOC), Upward Bound (UB), Student Support Services (SSS), and the Ronald E. McNair Postbaccalaureate Achievement (McNair) Programs; and the Gaining Early Awareness and Readiness for Undergraduate Program (GEAR UP) program.

On October 29, 2009, the Department published in the Federal Register final regulations amending the Federal Perkins Loan (Perkins Loan) Program, Federal Family Education Loan (FFEL) Program, and William D. Ford Federal Direct Loan (Direct Loan) Program regulations to implement provisions of the Higher Education Act of 1965 (HEA), as amended by the Higher Education Opportunity Act of 2008 (HEOA), and other recently enacted legislation. These regulations are effective July 1, 2010.

On October 29, 2009, the Department published in the Federal Register final regulations amending the regulations for Institutional Eligibility Under the Higher Education Act of 1965, the Student Assistance General Provisions, the Federal Work-Study (FWS) Programs, the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program, the Federal Pell Grant Program, and the Leveraging Educational Assistance Partnership Program (LEAP) to implement various general and non-loan provisions of the Higher Education Act of 1965 (HEA), as amended by the Higher Education Opportunity Act of 2008 (HEOA) and other recently enacted legislation. These regulations are effective July 1, 2010.

On October 28, 2009, the Department published in the Federal Register, final regulations regarding Institutions and Lender Requirements Relating to Education Loans, to implement requirements relating to education loans that were added to the Higher Education Act of 1965, as amended (HEA) by the Higher Education Opportunity Act of 2008 (HEOA). The Secretary also amends the regulations for Student Assistance General Provisions, the Federal Perkins Loan (Perkins Loan) Program, the Federal Family Education Loan (FFEL) Program, and the William D. Ford Federal Direct Loan (Direct Loan) Program to implement certain provisions of the HEA that involve school-based loan issues and that were affected by the statutory changes made to the HEA by the HEOA. These regulations are effective July 1, 2010.

On October 27, 2009, the Department published in the Federal Register final regulations governing institutional eligibility and the Secretary's recognition of accrediting agencies. The Secretary is amending these regulations to implement changes to the Higher Education Act of 1965, as amended (HEA), resulting from enactment of the Higher Education Reconciliation Act of 2005 (HERA), and the Higher Education Opportunity Act (HEOA), and to clarify, improve, and update the current regulations. These regulations are effective July 1, 2010.

On December 31, 2008, the Department published a notice in the Federal Register announcing its intent to establish five negotiated rulemaking committees to prepare proposed regulations under Title IV of the Higher Education Act of 1965, as amended. This notice also solicits nominations for negotiators. See Notice Of Establishment of Negotiated Rulemaking Committees.

On September 8, 2008, the Department published a notice in the Federal Register announcing its intention to establish negotiated rulemaking committees to implement certain parts of the HEOA. The Notice also announced six public meetings where interested parties could suggest issues that should be considered for action by the negotiating committees. The meetings were held as follows:

  • September 19, 2008, at Texas Christian University, Brown-Lupton University Union, 20901 Stadium Drive, Fort Worth, Texas
    Hearing Transcript: download files MS Word (111K) | PDF (88K)
    Presenters: download files MS Excel (22K) | PDF (19K)

  • September 29, 2008, at the University of Rhode Island, Feinstein Providence Campus, Paff Auditorium, 80 Washington Street, Providence, Rhode Island
    Hearing Transcript: download files MS Word (186K) | PDF (134K)
    Presenters: download files MS Excel (23K) | PDF (21K)

  • October 2, 2008, at Pepperdine University, Smothers Theater, 24255 Pacific Coast Highway, Malibu, California
    Hearing Transcript: download files MS Word (210K) | PDF (159K)
    Presenters: download files MS Excel (16K) | PDF (19K)

  • October 6, 2008 at Johnson C. Smith University, Technology Center, Charlotte, North Carolina
    Hearing Transcript: download files MS Word (135K) | PDF (101K)
    Presenters: download files MS Excel (22K) | PDF (19K)

  • October 8, 2008, at the U.S. Department of Education, 8th Floor Conference Center, 1990 K Street, N.W., Washington, DC
    Hearing Transcript: download files MS Word (335K) | PDF (244K)
    Presenters: download files MS Excel (19K) | PDF (12K)

  • October 15, 2008 at Cuyahoga Community College, Corporate College East, 4400 Richmond Road, Warrensville Heights, Ohio
    Hearing Transcript: download files MS Word (221K) | PDF (161K)
    Presenters: download files MS Excel (17K) | PDF (22K)

All hearings were held from 9:00 a.m. to 4:00 p.m. local time.

For general information on negotiated rulemaking, see The Negotiated Rulemaking Process for Title IV Regulations, Frequently Asked Questions.

For those unable to attend a hearing, we accepted written comments at HEOA08@ed.gov. Alternatively, comments could have been sent to Wendy Macias, U.S. Department of Education, 1990 K Street, N.W., Room 8017, Washington, DC 20006, or by fax to Wendy Macias at (202) 502-7874. Comments were due on or before October 8, 2008.

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Last Modified: 06/25/2010