HIGHER EDUCATION
Higher Education Opportunity Act - 2008

What's New
Negotiated Rulemaking: team schedules; lists of negotiators; agendas; organizational protocols; and issue papers.
U.S. Department of Education's Report to Congress Regarding Simplification of the Federal Student Aid Process and the Free Application for Federal Student Aid (FAFSA)

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 (HEA). This page provides information on the Department's implementation of the HEOA.

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.

Higher Education Opportunity Act (P.L. 110-315)

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Dear Colleague Letter

The Department has published 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

The Web page for each team provides information such as schedules, lists of negotiators, team protocols, issue papers, and other materials.

On December 31, 2008, the Department published a notice in the Federal Register announcing its intent to establish five negotiated rulemaking committees to prepare proposed regulations under Title IV of the Higher Education Act of 1965, as amended. This notice also solicits nominations for negotiators. See Notice Of Establishment of Negotiated Rulemaking Committees.

On September 8, 2008, the Department published a notice in the Federal Register 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 could suggest issues that should be considered for action by the negotiating committees. The meetings were held as follows:

  • September 19, 2008, at Texas Christian University, Brown-Lupton University Union, 20901 Stadium Drive, Fort Worth, Texas
    Hearing Transcript: download files MS Word (111K) | PDF (88K)
    Presenters: download files MS Excel (22K) | PDF (19K)

  • September 29, 2008, at the University of Rhode Island, Feinstein Providence Campus, Paff Auditorium, 80 Washington Street, Providence, Rhode Island
    Hearing Transcript: download files MS Word (186K) | PDF (134K)
    Presenters: download files MS Excel (23K) | PDF (21K)

  • October 2, 2008, at Pepperdine University, Smothers Theater, 24255 Pacific Coast Highway, Malibu, California
    Hearing Transcript: download files MS Word (210K) | PDF (159K)
    Presenters: download files MS Excel (16K) | PDF (19K)

  • October 6, 2008 at Johnson C. Smith University, Technology Center, Charlotte, North Carolina
    Hearing Transcript: download files MS Word (135K) | PDF (101K)
    Presenters: download files MS Excel (22K) | PDF (19K)

  • October 8, 2008, at the U.S. Department of Education, 8th Floor Conference Center, 1990 K Street, N.W., Washington, DC
    Hearing Transcript: download files MS Word (335K) | PDF (244K)
    Presenters: download files MS Excel (19K) | PDF (12K)

  • October 15, 2008 at Cuyahoga Community College, Corporate College East, 4400 Richmond Road, Warrensville Heights, Ohio
    Hearing Transcript: download files MS Word (221K) | PDF (161K)
    Presenters: download files MS Excel (17K) | PDF (22K)

All hearings were held from 9:00 a.m. to 4:00 p.m. local time.

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

For those unable to attend a hearing, we accepted written comments at HEOA08@ed.gov. Alternatively, comments could have been sent 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. Written comments should have been received on or before October 8, 2008.

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.

Reports and Studies

U.S. Department of Education's Report to Congress Regarding Simplification of the Federal Student Aid Process and the Free Application for Federal Student Aid (FAFSA)

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Last Modified: 03/06/2009