Department Releases Hefty HEOA Summary

Over the Holiday break, the Department of Education was busy putting the final touches on its much anticipated Higher Education Opportunity Act (HEOA) summary. On Dec. 31, the Department released Dear Colleague Letter GEN-08-12, providing 200 pages of guidance on the HEOA that was signed into law last August. The DCL also contains a chart that groups provisions and requirements by effective date.

Despite the additional guidance, the DCL cautions schools from relying too heavily on the letter for HEOA implementation guidance. "Institutions should use these summaries in conjunction with reviewing the text of the HEOA itself," the DCL states. "The summaries are provided to assist institutions to understand the changes to the HEA, and do not change any requirements in the law." Despite this stern reminder, the Department will take into account the fact that schools have had to implement a large number of new provisions before receiving guidance from the Department during subsequent compliance reviews, according to the letter.

NASFAA has already begun sifting through the DCL and will be providing additional guidance in the near future.

Also on Dec. 31, the Department released its intent to establish five negotiated rulemaking committees to prepare proposed regulations based on the HEOA. Nominations for individual negotiators who represent key stakeholder constituencies that are involved in the Title IV student financial assistance programs must be received on or before January 23, 2009. Financial aid administrators at institutions of higher education are expected to participate in the negotiations.

The five committees will focus on the following topics:

Because of the large volume of changes made by the HEOA that must be implemented through negotiated rulemaking, not all provisions will be regulated at this time, according to the notice. Provisions affecting foreign schools (the majority of which are not effective until July 1, 2010) and unfunded programs will be regulated at a later date.

By Justin Draeger
NASFAA Vice President of Planning & Development

Posted 01/05/09 to www.NASFAA.org. Redistribution to non-NASFAA institutions is prohibited. Please submit Web Site questions or comments to Web@NASFAA.org.