Office of Postsecondary Education; Notice of Intent To Establish Negotiated Rulemaking Committees Under Title IV of the Higher Education Act of 1965, as Amended, 4221-4223 [07-413]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Proposed Rules]
[Pages 4221-4223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-413]


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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

[[Page 4222]]

     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:

[[Page 4223]]

    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 https://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.

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    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: https://www.gpoaccess.gov/
nara/.


    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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