Yesterday, NASFAA submitted comments to the Department of Education on several issues outlined in an interim final rule published in the Federal Register on May 1. The interim final rules seek to implement statutory changes to the ACG and SMART Grant programs introduced by the Ensuring Continued Access to Student Loans Act (ECASLA) and the Higher Education Opportunity Act (HEOA). These statutory and regulatory changes are scheduled to go into effect on July 1, 2009.

The HEOA waived the negotiated rulemaking requirements in section 492 of the HEA (as well as the master calendar requirements in section 482 of the HEA) for changes made to the ACG and SMART Grant Programs in both the ECASLA and in the HEOA. Consequently, the negotiated rulemaking requirements in the HEA do not apply to these interim final regulations and the Department will not subject them to negotiated rulemaking.

Posted 06/02/09 to www.NASFAA.org. Redistribution to non-NASFAA institutions is prohibited. Please submit Web site questions or comments to Web@NASFAA.org.