The Great Breadth and Depth of the HEA
This post was written by Dave Gelinas
October 12, 2008 Higher Education Act, Negotiated Rulemaking, Regulations 1 CommentGuest blogger Dave Gelinas is director of financial aid at Davidson College and the 2005-06 national chair
On October 6, I had the opportunity to attend the public hearing on regulating the Higher Education Opportunity Act which was held at Johnson C. Smith University in Charlotte. A total of 19 individuals offered public testimony over the course of the day.
As an aid administrator, when I think of “Higher Ed Act,” (with or without the “Opportunity” attached), I think of the many financial aid programs authorized by that law. I think of the many requirements my office will be responsible and accountable for. What I don’t tend to think of, and what makes the Higher Ed Act so voluminous, is that “my” programs are mainly under just one of the titles in the act. You know, good old Title IV, as in “return to.” The entire HEOA, though, encompasses 11 titles, ranging from General Provisions (Title I) to International Education Programs (Title VI) to Studies and Reports (Title XI). AND, under each title are numerous sections and parts. What opened my eyes at the hearing was the realization that the Title IV aid programs I know and love are but a small sliver of the entire Act, and other interested parties in higher education (not from the aid office) have strong feelings about those other titles and their parts and sections.
Only eight of the testimonies were given by aid professionals. The other 11 ranged from accreditation issues to campus safety and security to TRIO programs to copyright infringement (the enforcement of peer-to-peer file sharing prohibitions generated significant interest) to revenue provisions for career colleges. It was fascinating to hear those concerns expressed; suggestions given as to how the regulatory process should now proceed; and the advocacy for which groups should be represented at negotiated rulemaking. I found myself wondering how all these competing interests could possibly be resolved. I also realized that as an aid administrator, I am but one part of how an institution complies with this law, and it truly “takes a village” to carry out this massively complex piece of legislation.
If you have the opportunity to attend any of the remaining public hearings, I urge you to do so. Read the summary of the HEOA provided by NASFAA. (Or, be a glutton for punishment and wade through the entire Act.) Think of what you might want to testify about. You can also review testimony submitted by NASFAA to give you some ideas about issues to raise. In Charlotte, you could sign up for a testimony slot when you came to the meeting site, so “pre-registration” wasn’t necessary. Plan to leave a copy of your remarks with the Department of Education officials so they may be correctly entered into the public record. (And remember: Your testimony will be part of the public record.) Let your voice be heard.
It’s been a long time since my civics lessons back in school. Being able to be a part of what those civics lessons taught was both illuminating and instructive. It also gave me a greater appreciation for the work that has to be done to produce federal regulations. It was a well-spent day out of the office.
Dave Gelinas
2005-06 National Chair

