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Higher Education Opportunity Act - 2008

What's New
A Federal Register announcement regarding negotiated rulemaking was published September 8, 2008.

The Higher Education Opportunity Act (Public Law 110-315) (HEOA) was enacted on August 14, 2008, and reauthorizes the Higher Education Act of 1965, as amended (the HEA). This page provides information on the Department’s implementation of the HEOA.

| Dear Colleague Letter | Negotiated Rulemaking | IPEDS |

Some parts of the law will be implemented through new or revised regulations. The negotiated rulemaking process will be used for some regulations, as explained below. Other areas will be regulated either through the usual notice and comment process or, where regulations will merely reflect the changes to the HEA and not expand upon those changes, as technical changes.

As we move through the implementation process, we will be updating this page, so check back often.

Dear Colleague Letter

The Department will be publishing a Dear Colleague Letter which provides a summary of each provision of the HEOA. However, affected parties are responsible for taking the steps necessary to comply by the effective dates established by the HEOA. The provisions of the HEOA are effective upon enactment unless otherwise noted in the law. Potentially affected parties should review the legislation immediately to determine the proper measures they must take to comply.

Negotiated Rulemaking

On September 8, 2008, the Department published in the Federal Register a Notice announcing its intention to establish negotiated rulemaking committees to implement certain parts of the HEOA. The Notice also announced six public meetings where interested parties may suggest issues that should be considered for action by the negotiating committees. The meetings will be held on the following dates:

  • September 19, 2008, at Texas Christian University, Brown-Lupton University Union, 20901 Stadium Drive, Fort Worth, Texas
    Campus Map

  • September 29, 2008, at the University of Rhode Island, Feinstein Providence Campus, Paff Auditorium, 80 Washington Street, Providence, Rhode Island
    Campus Map

  • October 2, 2008, at Pepperdine University, Smothers Theater, 24255 Pacific Coast Highway, Malibu, California
    Campus Map

  • October 6, 2008 at Johnson C. Smith University, Technology Center, Charlotte, North Carolina
    Campus Map

  • October 8, 2008, at the U.S. Department of Education, 8th Floor Conference Center, 1990 K Street, N.W., Washington, DC
    Area Map

  • October 15, 2008 at Cuyahoga Community College, Corporate College East, 4400 Richmond Road, Warrensville Heights, Ohio
    Campus Map

All hearings will be held from 9:00 a.m. to 4:00 p.m. local time. Sign-up for presentation slots will begin at 8:30 a.m. on the day of each hearing.

Additional information on these hearings will be provided shortly.

For anyone unable to attend a hearing, we will be accepting written comments. Please e-mail your written comments to HEOA08@ed.gov. Alternatively, you may send written comments to Wendy Macias, U.S. Department of Education, 1990 K Street, N.W., Room 8017, Washington, DC 20006, or by fax to Wendy Macias at (202) 502-7874. We must receive written comments on or before October 8, 2008.

After a complete review of the HEOA and the public comments presented at the public hearings and through written submission, the Department will publish a subsequent Notice (or Notices) in the Federal Register announcing the specific subject areas for which we intend to establish negotiated rulemaking committees, and a request for nominations for individual negotiators for those committees who represent the interests significantly affected by the proposed regulations.

For general information on negotiated rulemaking, see The Negotiated Rulemaking Process for Title IV Regulations, Frequently Asked Questions.

Integrated Postsecondary Education Data System (IPEDS)

As a result of the recent passage of Higher Education Opportunity Act of 2008, the National Center for Education Statistics will make a number of changes to the IPEDS data collection for 2008-09, to comply with the legislated mandates regarding College Navigator by August 2009. These changes will be mandatory for 2008-09. Updated Institutional Characteristics (IC) forms, upload specifications, and instructions will be available on the IPEDS Web site. The other survey materials for the affected Winter and Spring surveys will be available in the near future. For additional information on these changes, visit the IPEDS Web site.

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Last Modified: 09/15/2008