The negotiated rulemaking meeting for Team V - General And Non-Loan Programmatic Issues - began on Monday, March 2.
The meeting opened with introductions of the primary and alternate participants and a quick overview of the negreg process. The group then moved to a discussion of the meeting protocols. The issue of consensus received considerable deliberation from the group. The federal negotiators reinforced that consensus means final agreement on all issues by all the committee members. If the negotiators reach consensus on all issues, the Department will then publish proposed regulations based on the committee's consensus. If consensus is not reached, the Department will then have the discretion to develop and publish proposed regulations absent of any committee input.
The initial agenda for Team V is extensive. There are 31 issues which are divided into five overall categories:
- General Issues
- Year-round Pell
- Pell Grants and Children of Soldiers
- TEACH Grant Extenuating Circumstances
- Grants for Federal Work Study
- Additional Funds for Off-Campus Community Service
- Definition of Community Service
- Flexible Use of Funds
- Work Colleges
- 90/10 (Non-Title IV Revenue Requirement)
- Consumer Information
- Readmission for Servicemembers
- Institutional Requirements for Teach-outs
- Baccalaureate in Liberal Arts in Proprietary Schools
- Institutional Plans for Improving Academic Program
- Campus Safety
- Fire Safety Standards
- Missing Person Procedures
- Hate Crime Reporting
- Emergency Response and Evacuation Procedures
- Students With Intellectual Disabilities
- Financial Assistance for Students with Intellectual Disabilities
- Peer-to-Peer File Sharing
- Peer-to-Peer File Sharing/Copyrighted Material
- LEAP/GAP Issues
- LEAP Non-Federal Share
- Notification to Students of Sources of LEAP Funds
- GAP: Program Activities- Partnerships
- GAP: Program Activities-Award
- GAP: Program Activities-Early Notification
- Applicability of LEAP Program Requirements in GAP
- GAP Allotment: Application
- GAP Allotment: Determination
- GAP-Matching
- GAP-Statutory and Regulatory Relief
- GAP-Estimated Financial Assistance
In addition to the initial agenda, a motion was made and accepted to add as an additional topic issue cash management as it relates to FWS payment to students.
On Monday afternoon, five sub-committee groups were established to address:
- Peer-to peer file sharing;
- 90/10 issue;
- Financial assistance for students with intellectual disabilities;
- LEAP/Gap issues; and
- Campus safety issues.
The charge of the sub committee groups is to address specific issues and then make recommendations to the team.
While the sub-committees met in separate rooms, the remaining negotiators began discussion on the following issues:
Year-Round Pell
Summary of the Issue: The amendments made by the HEOA require that students receive up to two Federal Pell Grant Scheduled Awards during a single award year if the student is enrolled at least half-time for more than one academic year, more than two semesters, or the equivalent time during a single award year. The student must also be enrolled in a certificate, associate degree or baccalaureate degree program.
Some of the Issues Raised by Negotiators
- Define 'accelerate'.
- How should satisfactory academic progress be measured for student with a second Pell? Many comments opposing a second SAP requirement specifically for the second Pell recipients
- Consider Pell reporting issues.
- How will schools treat transfer students?
- Multiple comments request this issue not be overcomplicated for schools to implement.
Pell Grants and Children of Soldiers
Summary of issue: The HEA as amended by the HEOA provides maximum Federal Pell Grant eligibility (an EFC of 0) for a student (1) whose parent or guardian was a member of the Armed Forces of the United States and died as a result of performing military service I Iraq or Afghanistan after September 11, 2001, and (2) who was under 24 years old or enrolled in an institution of higher education at the time of the parent or guardian's death. These students are considered eligible for the maximum Federal Pell Grant award if they meet the requirements of section 401(c) of the HEA, as amended, regarding the period of eligibility for a grant. The HEOA further directs the Secretary of Veterans Affairs and the Secretary of Defense to provide necessary information to the Secretary of Education. This provision will not require any new question on the FAFSA.
Issues Raised by Negotiators
- A Pell eligible student who receives a maximum Pell maintains his/her original EFC when determining eligibility for all other Title IV aid.
- Will ED provide a second EFC for use by state agencies?
TEACH Grant Extenuating Circumstances
Summary of issue: The HEOA adds a new provision to the HEA that requires the Secretary to establish categories of extenuating circumstances under which a TEACH Grant recipient who is unable to fulfill all or part of his or her service obligation may be excused from fulfilling that portion of the service obligation.
Some Issues Raised by Negotiators
- What are 'extenuating circumstances?'
- Consider developing rules similar to loan forbearance regulations.
Grants for FWS Program
Summary of issue: The HEOA permits institutions to use FWS funds to compensate students employed in projects that teach civics in schools, raise awareness of government functions or resources, or increase civic participation. In addition, the HEOA requires that, to the extent practicable, an institution must:
- Give priority to the employment of students participating in projects that educate or train the public about evacuation, emergency response, and injury prevention strategies relating to natural disasters, acts of terrorism and other emergency situations; and
- Ensure that any student compensated with these funds receives appropriate training to carry out the educational services required.
Issue Raised by Negotiators
- Can you pay FWS to students working for state legislators?
Additional Funds for Off Campus Community Service
Federal negotiators tabled discussion on this issue as this program is not currently funded and cannot be implemented until funding is provided by Congress.
Team V will conclude its first meeting today.
Posted 03/04/09 to www.NASFAA.org. Redistribution to non-NASFAA institutions is prohibited. Please submit Web site questions or comments to Web@NASFAA.org.
