The Higher Education Opportunity Act (Public Law 110-315) (HEOA) was enacted on August 14, 2008, and reauthorizes the Higher Education Act (HEA).

The Department plans to implement some parts of the law will through new or revised regulations. The negotiated rulemaking process will be used for some regulations. Other areas will be regulated through a notice and comment process or, where regulations will merely reflect the changes to the HEA and not expand upon those changes, as technical changes.

Dear Colleague Letter

The Department will publish a Dear Colleague Letter providing a summary of each provision of the HEOA. However, affected parties are responsible for taking the steps necessary to comply by the effective dates established by the HEOA. The provisions of the HEOA are effective upon enactment unless otherwise noted in the law. Potentially affected parties should review the legislation immediately to determine the proper measures they must take to comply.

Negotiated Rulemaking

The Department will soon start the negotiated rulemaking process for certain parts of the HEOA. Negotiated rulemaking is required for the development of all regulations implementing statutory changes to Title IV of the HEA. In addition, section 201 of the HEOA added a provision requiring a negotiated rulemaking process for any regulations the Secretary develops under the amended section that concerns a teacher preparation program that has had its eligibility terminated by the State from accepting or enrolling any student who receives Title IV aid (section 207(b)(2)).

Within the next several months, the Department will begin the negotiated rulemaking process by publishing a Notice in the Federal Register announcing public meetings where interested parties can suggest issues related to the HEOA that should be considered for action by the negotiating committees. In addition, for anyone unable to attend a hearing, the Department will be accepting written comments. The meetings will be held on the following dates:

• September 19, 2008, at Texas Christian University, Fort Worth, Texas

• September 29, 2008, at the University of Rhode Island, Providence Campus, Paff Auditorium, Providence, Rhode Island

• October 2, 2008, at Pepperdine University, Malibu, California

• October 6, 2008 at Johnson C. Smith University, Charlotte, North Carolina

• October 8, 2008, at the U.S. Department of Education, 8th Floor Conference Center, 1990 K Street, N.W., Washington, DC

• October 15, 2008 at Cuyahoga Community College, Cleveland, Ohio

Additional information on these hearings will be provided shortly.

The Department anticipates that it will announce its intent to establish most of the negotiated rulemaking committees by the end of this year, with negotiations beginning in February 2009. For subject areas where implementation must occur more quickly, the schedule will be expedited.

As the Department moves through the HEOA implementation process, it will update its HEOA implementation Web page with information.

Posted 08/29/08 to www.NASFAA.org. Please submit Web Site questions or comments to Web@NASFAA.org