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Negotiated Rulemaking Draft Agendas

The Department of Education has posted draft agenda's for the upcoming negotiated rulemaking sessions which will focus on the ACG and National SMART Grant programs and general HEA provisions. Negotiated rulemaking on ACG and SMART is scheduled for Feb. 5 to 7 and general provisions are scheduled to be negotiated on Feb. 7 to 9.

Draft Agenda: 2006-07 Negotiated Rulemaking for ACG/National SMART Grants

  1. Rigorous secondary school programs

  2. Mandatory institutional participation in ACG and National SMART Grants

  3. Eligibility of certificate programs for ACG

  4. Requirement that Pell Grants and ACG or National SMART Grants be disbursed at the same institution when awarded within the same term

  5. Grade point average:

    • Transfer students
    • Coursework
    • Timing of calculation
    • Eligibility for disbursement

  6. Academic year progression

Draft Agenda: 2006-07 Negotiated Rulemaking for Higher Education General Provisions

  1. Consistent enrollment status definitions for all Title IV programs (full-time, half-time, etc.)

  2. Consistent definitions of undergraduate and graduate student for all Title IV programs

  3. Define independent study

  4. Nonstandard term and nonterm programs

    • Use of completion of half the weeks of instructional time for timing of loan disbursements
    • Determining loan eligibility for nonstandard term programs
    • Require institutions to use consistent disbursement periods, where allowed under the law

  5. Cash management

    • Recovery of funds not claimed by student or parent
    • Student/parent permission for electronic disbursements
    • Requirements for "issuing a check" by making it available for pickup
    • Late, late disbursements
    • Affirmative confirmation of a loan
    • Simplify excess cash allowances

  6. Treatment of FFEL and Direct Loan funds when a student withdraws before beginning class--make consistent with other programs

  7. Eliminate the single disbursement requirement for Perkins and FSEOG

  8. Technical corrections

Posted 01/30/07 to www.NASFAA.org. Please submit Web Site questions or comments to Web@NASFAA.org