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Publication
Date: January 30, 2007
FRPart:
Page Numbers: 4221-4223
Summary: Notice of
Intent To Establish Negotiated Rulemaking Committees
Posted on 01-30-2007
[Federal Register: January 30, 2007 (Volume 72, Number 19)]
[Proposed Rules]
[Page 4221-4223]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja07-19]
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DEPARTMENT OF EDUCATION
34 CFR Chapter VI
Office of Postsecondary Education; Notice of Intent To Establish
Negotiated Rulemaking Committees Under Title IV of the Higher Education
Act of 1965, as Amended
AGENCY: Department of Education.
ACTION: Notice of negotiated rulemaking.
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SUMMARY: The Secretary of Education (Secretary) announces the
establishment of two negotiated rulemaking committees: one will develop
proposed regulations related to accreditation topics and the other will
develop proposed regulations related to other programmatic,
institutional eligibility, and general provisions topics under Title IV
of the Higher Education Act of 1965, as amended (HEA). In addition, the
Secretary provides additional information on the negotiating committee
that will address topics related to the Academic Competitiveness Grant
(ACG) and the National Science and Mathematics Access to Retain Talent
Grant (National SMART Grant) programs.
DATES: The dates for the negotiation sessions are listed in the
SUPPLEMENTARY INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT: Wendy Macias, U.S. Department of
Education, 1990 K Street, NW., room 8017, Washington, DC 20006.
Telephone: (202) 502-7526. E-mail: Wendy.Macias@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in this section.
SUPPLEMENTARY INFORMATION: On August 18, 2006, we published a notice in
the Federal Register (71 FR 47756) announcing our intent to establish
up to four negotiated rulemaking committees to prepare regulations
under Title IV of the HEA. The notice also announced a series of four
regional hearings at which interested parties could suggest topics for
consideration for action by the negotiating committees. We invited
parties to submit topics for consideration in writing, as well. In the
notice, we also requested nominations for individual negotiators who
represent key stakeholder constituencies that are involved in the
student financial assistance programs authorized under Title IV of the
HEA to serve on these committees.
On November 29, 2006, the Secretary convened a forum on
accreditation to discuss strategies for making higher education more
accessible, affordable, and accountable and to explore ways to
implement the recommendations of her Commission on the Future of Higher
Education. One of the goals of the forum was to take the work that the
higher education community has been doing to improve the focus on
student learning outcomes and to discuss how to work together for a
more robust, outcome-focused, results-centered accreditation system
that will benefit students and parents and empower them with
information. The forum also looked at ways to streamline and improve
the accreditation process to support innovation, promote consistency in
accreditation standards, increase accountability, and be more
transparent to the public.
On December 8, 2006, we published a notice in the Federal Register
(71 FR 71117) announcing the establishment of a negotiating committee
to address topics related to the Federal student loan programs
authorized by Title IV, Parts B, D, and E of the HEA. The notice
included the topics that committee was likely to address, the members
of that committee, and the schedule for that committee. That committee
began meeting in December 2006.
In addition, the December 8, 2006 notice announced the
establishment of a negotiating committee to address topics related to
the ACG and the National SMART Grant programs. We list the members of
the ACG and National SMART Grant committee, the topics that committee
will likely address, and the schedule for that committee elsewhere in
this notice under ACG and National SMART Grant Committee Topics,
Members, and Meeting Schedule.
Finally, the December 8, 2006 notice extended the deadline to
respond to our request for nominations for individual negotiators who
represent key stakeholder constituencies to serve on the ACG and
National SMART Grant programs committee and any additional negotiating
committees that may be formed to address accreditation, or Title IV
programmatic, institutional eligibility, and general provisions topics.
After further consideration of the information received at the
regional hearings, at the accreditation forum, and in writing as a
result of the notice, we have decided to establish two additional
negotiating committees. One committee will address programmatic,
institutional eligibility, and general provisions topics related to
Title IV Parts A (except for ACG and National SMART Grant programs), C,
G, and H (except subpart 2) of the HEA. The other new committee will
address accreditation topics (Title IV, Part H of the HEA). We list the
members of these committees, the topics the committees will likely
address, and the schedule for these committees elsewhere in this notice
under General Provisions Committee Topics, Members, and Meeting
Schedule and Accreditation Committee Topics, Members, and Meeting
Schedule.
ACG and National SMART Grant Committee Topics, Members, and Meeting
Schedule
The topics the ACG and National SMART Grant Committee is likely to address are:
Rigorous secondary school programs
Mandatory institutional participation in ACG and National
SMART Grants
Eligibility of certificate programs for ACG
Requirement that Pell Grants and ACG or National SMART Grants be disbursed at the
same institution when awarded within the same term
Grade point average
Transfer students
Coursework
Timing of calculation
Eligibility for disbursement
Academic year progression
The members of the ACG and National SMART Grant Committee are:
Negotiator: Gabriel Pendas, United States Student Association.
Alternate: Justin McMartin, Minnesota State Colleges and
Universities.
Negotiator: George Chin, City University of New York.
Alternate: Catherine Simoneaux, Loyola University.
Negotiator: Thomas Babel, DeVry, Incorporated.
Alternate: Mathew Hamill, National Association of College and
University Business Officers.
Negotiator: Margaret Heisel, University of California.
Alternate: Katherine Haley Will, Gettysburg College.
Negotiator: Cecilia Cunningham, Middle College National Consortium.
Alternate: Janine Riggs, Arkansas Department of Education.
Negotiator: Lee Carrillo, Central New Mexico Community College.
Alternate: Pat Hurley, Glendale Community College.
Negotiator: June Streckfus, Maryland Business Roundtable for
Education.
Alternate: Denise Hedrick, Educational Collaborative.
Negotiator: Stanley Jones, Indiana Commission for Higher Education.
Alternate: Jim Ballard, Michigan Association of Secondary School
Principals.
Negotiator: Robert Scott, Texas Education Agency.
Alternate: Joan Wodiska, National Governors Association.
Negotiator: Mary Beth Kelly, Pennsylvania Higher Education
Assistance Agency.
Negotiator: Linda France, Kentucky Department of Education.
Alternate: Wandra Polk, North Carolina Department of Instruction.
Negotiator: Joe McTighe, Council for American Private Education.
Alternate: William Estrada, Home School Legal Defense Association.
Negotiator: Elaine Copeland, Clinton Junior College.
Negotiator: Bill Lucia, Educational Testing Service.
Alternate: Nancy Segal, ACT.
We will hold a total of three sessions, all of which will be held
in the metropolitan Washington, DC area. The following is the schedule
for the sessions. This schedule is subject to change.
Session 1: February 5-7
Session 2: March 5-7
Session 3: April 16-18
The February 5-7 negotiating session is scheduled from 9:30 to 5
p.m. on February 5; 9:30 a.m. to 5 p.m. on February 6; and 9 a.m. to 12
p.m. on February 7. The Committee will convene at the Department of
Education, 8th Floor Conference Center, 1990 K Street, NW., Washington,
DC 20006.
General Provisions Committee Topics, Members, and Meeting Schedule
The topics the General Provisions Committee is likely to address
are:
Consistent enrollment status definitions for all Title IV
programs (full-time, half-time, etc.)
Consistent definitions of undergraduate and graduate
student for all Title IV programs
Define independent study
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
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
Treatment of Federal Family Education Loan (FFEL) and
Direct Loan funds when a student withdraws before beginning class--make
consistent with other programs
Eliminate the single disbursement requirement for Perkins
and Federal Supplemental Education Opportunity Grants (FSEOG)
Technical corrections
The members of the General Provisions Committee are:
Negotiator: Rebecca Thompson, United States Student Association.
Alternate: Justin Klander, Minnesota State College Student
Association.
Negotiator: Elaine Neely-Eacona, Kaplan Higher Education
Corporation.
Alternate: Susan Little, University of Georgia.
Negotiator: David Glezerman, Temple University.
Alternate: Anne Gross, National Association of College and
University Business Officers.
Negotiator: Stephen Sussman, Barry University.
Negotiator: Linda Michalowski, California Community Colleges.
Alternate: Carol Mowbray, Northern Virginia Community College.
Negotiator: Kay Noah Stroud, Appalachian State University.
Alternate: Beverly Young, California State University.
Negotiator: Stacey Ludwig, Western Governors University.
Alternate: Paula Luff, DePaul University.
Negotiator: Steven Dill, Lincoln Educational Services, Inc.
Alternate: Robert Collins, Apollo Group, Inc.
Negotiator: Mary Ann Welch, National Association of State Student
Grant and Aid Programs.
Alternate: Lee Woods, Chase Education Finance.
Negotiator: Starlith Chiquita Carter, National Accrediting
Commission of Cosmetology Arts and Sciences.
We will hold a total of three sessions, all of which will be held
in the metropolitan Washington, DC area. The following is the schedule
for the sessions. This schedule is subject to change.
Session 1: February 7-9
Session 2: March 7-9
Session 3: April 18-20
The February 7-9 negotiating session is scheduled from 1 to 5 p.m.
on February 7; 9 a.m. to 5 p.m. on February 8; and, 9 a.m. to 4 p.m. on
February 9. The Committee will convene at the Department of Education,
8th Floor Conference Center, 1990 K Street, NW., Washington, DC 20006.
Accreditation Committee Topics, Members, and Meeting Schedule
The topics the Accreditation Committee is likely to address are:
Measures of student achievement
Relationship of process standards to student achievement
Consideration of mission in application of standards
Monitoring of institutions by accrediting organizations
Substantive change
Due process
Transfer of credit
Definition of terms
Technical and process improvements
The members of the Accreditation Committee are:
Negotiator: Elise Scanlon, Accrediting Commission of Career Schools
and Colleges of Technology.
Negotiator: Steve Crow, Higher Learning Commission, North Central
Association of Colleges and Schools.
Alternate: Ralph Wolff, Accrediting Commission for Senior Colleges
and Universities, Western Association of Schools and Colleges.
Negotiator: Betty Horton, Association of Specialized and
Professional Accreditors.
Alternate: Elaine Cuklanz, Joint Review Committee on Educational
Programs in Nuclear Medicine Technology.
Negotiator: John Wiley, University of Wisconsin-Madison.
Alternate: Stephen Reno, University System of New Hampshire.
Negotiator: Geri Malandra, University of Texas System.
Alternate: Keith Boyum, California State University Office of the
Chancellor.
Negotiator: Gerrit Gong, Brigham Young University.
Alternate: Don LeDuc, Thomas M. Cooley Law School.
Negotiator: Craig Swenson, Western Governors University.
Alternate: Mark L. Pelesh, Coalition for an American Competitive
Workforce.
Negotiator: Tom Corts, The Alabama College System.
Alternate: Elaine Copeland, Clinton Junior College.
Negotiator: Thelma Thompson, University of Maryland Eastern Shore.
Negotiator: Paula Peinovich, Walden University.
Alternate: Ron Blumenthal, Kaplan University and Kaplan Higher
Education.
Negotiator: Judith Eaton, Council on Higher Education
Accreditation.
Negotiator: John Dew, American Society for Quality.
Alternate: Brent Ruben, Center for Organizational Development and
Leadership, Rutgers University.
We will hold a total of three sessions, all of which will be held
in the metropolitan Washington, DC area. The following is the schedule
for the sessions. This schedule is subject to change.
Session 1: February 21-23
Session 2: March 26-28
Session 3: April 24-26
The February 21-23 negotiating session is scheduled from 1 to 5
p.m. on February 21; 9 a.m. to 5 p.m. on February 22; and 9 a.m. to 4
p.m. on February 23. The Committee will convene at the Crystal City
Marriott, 1999 Jefferson Davis Highway, Arlington, Virginia 22202.
We will post information about subsequent negotiating sessions for
all four committees, including information on the meeting sites and any
schedule changes, at http://www.ed.gov/policy/highered/reg/hearulemaking/2007/nr.html.
These lists of topics are tentative. Topics may be added as the
process continues. A summary of the information the Department received
at the hearings and in writing will be published as part of the notices
of proposed rulemaking resulting from the negotiations.
In selecting individuals and organizations from the submitted
nominations to represent the constituencies listed in the August 18,
2006 and December 8, 2006 Federal Register notices, the Department
sought to assemble a balanced and complementary representation of the
interests affected by the subject matter, consistent with section 492
of the HEA. We believe the organizations and individuals selected will
bring valuable knowledge and expertise to the table, and will work as a
cohesive unit to assist us in developing proposed regulations that are
both reasonable and effective. Organizations and individuals that were
not selected as members of the committees will be able to attend the
meetings and have access to the organizations and individuals
representing their constituencies. The committee meetings will be open
to the public.
Please note that participation in the rulemaking process is not
limited to members of the committee or those who work directly with the
committee. Following the negotiated rulemaking process, the Department
will publish proposed regulations in the Federal Register for public
comment. The target date for publication of proposed regulations
developed by these committees is June or July 2007.
Electronic Access to This Document
You may view this document in text or Adobe Portable Document
Format (PDF) on the Internet at the following site: http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office toll free at 1-888-293-6498; or in the
Washington, DC area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.
Program Authority: 20 U.S.C. 1098a.
Dated: January 26, 2007.
James F. Manning, Delegated the Authority for the Assistant Secretary for Postsecondary
Education.
[FR Doc. 07-413 Filed 1-26-07; 10:11 am]
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