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Neg Reg Corner
Have you ever wondered what really goes on at negotiated rulemaking? News & Views is pleased to bring the members the first Neg-Reg Corner. Through the efforts of the Federal Relations Committee and Professional Development & Training Committee, Tri-State members have had a presence at this year’s negotiated rulemaking sessions. Read about their experiences and learn how you might become involved.
Finding My Way Around at Neg Regs After joining the DE-DC-MD ASFAA Federal Regulations Committee, I couldn’t wait for an ample opportunity to get involved with something. I have been in the Financial Aid industry for five years, and I was eager to step out of the office and into the field. When I joined the “league,” I learned that the industry was in the midst of negotiated rulemaking. Of course, like most people who have gone to the numerous conferences and workshops, I had heard of negotiated rulemaking, so I was fully aware what it was all about; and of course, I was just as excited about “my turn” as a 12 year-old girl in line for double-dutch. Attending the negotiated rulemaking session on February 6, 2008, was an enchanting experience. It was good to hear people from the industry voicing their opinions about the regulations on the table. It gave me a new view on the regulations that at times I sit behind a desk groaning about. I was able to see the sternness of the Department of Education. The entertainment was when a negotiator from the schools and such would make such an excellent point that the Department of Education could not ignore it. They would lean back as if on trial to their representatives in the distance, whisper a few words, spend anywhere between 10 minutes and half an hour discussing the issue and returning with “OK”. The networking opportunities at negotiated rulemaking were phenomenal. Having the chance to meet industry experts and advocates opened up both my mind and my potential as a financial aid professional. The sessions show that the opportunities in the financial aid industry are endless. I also learned about what growth I still needed to cultivate. I must admit that many of the points that the negotiators made about the regulations being negotiated I was thinking, but I did not have the confidence to express. That is negotiated rulemaking. All of us, the financial aid community, are the most important factor. We can change aid for the better and assure our students are met with adequacy. Looking beyond the large intimidating size of the Department of Education, we are the “yay” or “nay”, we are paragraph (b) of section 668 of the Federal regulations, we are financial aid. A Great Learning Experience On March the 4th, three members of my staff and I were able to attend the negotiated rulemaking session on loans in Washington, D.C.. It was a first-time experience for all of us, as well as a wonderful learning experience. We witnessed, first-hand, the interactive play between all of the interested parties. I must say I was a little bewildered when the negotiators “discussed” for 20 minutes (if you know me then you know it was most difficult to sit in my seat and not say anything) the question of whether a zero payment was in fact a payment when it comes to the income contingent repayment plan! In addition to the session, we got to meet several other financial aid professionals—what an excellent way to network. I would like to thank Dawn Mosisa and Angie Hovatter for their time and attention to this worthwhile cause! As co-chairs of the Federal Relations Committee for Tri-State, Dawn and Angie accompanied us and gave us lessons on what to expect, how the process works, who the team members were and, most importantly, how to get in and out of the city! I hope that everyone in the DE-DC-MD Association takes the opportunity to attend a neg-reg session. What better way to show the powers that be that we are a strong interested party! Remember: Negotiated Rulemaking Impacts
Us! During February and March, I had the opportunity to observe the negotiated rulemaking process. It was definitely an interesting and worthwhile experience. It was most enlightening to see the formulation of the regulations that impact our daily activities. Issues such as the Teach Grant and Income Based Repayment were negotiated. A greater understanding of the cause and effect of the regulations was gained through the exchanges between the negotiators. The opportunity to discuss the proposed regulations with other Tri-State members and colleagues from other associations was very informative as well. One member in particular, Dawn Mosisa, a former negotiator, gave very insightful input on the process. I would encourage aid officers and administrators to participate, observe, and become a part of the negotiated rule making process. Participating in Negotiated Rulemaking I have been in financial aid for what seems like forever, and although I have worked at the director level for several years, the negotiated rulemaking process always seemed so ominous and beyond my level of participation. I always knew that what happened in negotiated rulemaking would ultimately be my responsibility to implement, but I didn’t know how to take that first step in an active role to ensure that my concerns were addressed. As a member of Tri-State, I was really excited to be invited to attend the Negotiated Rulemaking sessions and felt completely comfortable knowing I would attend with a seasoned negotiated rulemaking veteran, Dawn Mosisa. When I arrived to the Department of Education with my colleague, I felt a bit like someone who was trying to sneak into a “backstage pass only” venue. We told the guard why we were there and she directed us right up to the conference room. As we sat and listened to the discussion, I was amazed at how opinionated and passionate I became, clearly understanding each and every issue that was addressed. Dawn even encouraged me to slip a note to one of the negotiators, Janet Dodson (DFA at Doan College at time of neg reg session and last year’s NASFAA Chair), who later came over to speak with us during a break and introduced us to other negotiators. Later we even had a chance to chat with Assistant Secretary Diane Auger-Jones. It was such a great opportunity to meet and chat with DOE staff as well as other administrators and key officials who were negotiating and learn so much about the process. The best part, however, was an opportunity to express my concerns and provide feedback as a practitioner to those who would ultimately be setting the rules that I would have to follow. Let the Debate Begin…. On March 4, 2008, a group of University of Maryland, University College (UMUC) counselors traveled to our nation’s capital to witness how regulations are formed. The session started early Tuesday morning where we were greeted by Aristea Williams, Co-chair of PD&T, and Dawn Mosisa, Co-chair of Federal Regulations. Upon entering the room, there was an overall feeling of tension and excitement. Seated around a large conference table in the center of the room were negotiators from various organizations, such as Citibank, and at the other end sat their counterparts, the Department of Education (DOE) representatives. The session was not at all what I expected it to be. The negotiators and DOE representatives were very well-versed in financial aid regulations (some of the language they spoke I did not comprehend). At times, I must admit the debate between the negotiators and DOE was very heated, especially when discussing whether to raise the minimum monthly payment on a student loan from $5.00 to $10.00; however, there were other times when you could hear crickets chirping in the room. In between the debates, several of us took the time to read regulations contained in our booklets (handed out at the beginning of the session) and discussed how we thought the regulations should be written and interpreted. It was interesting to think like a negotiator and hear the perspectives of my fellow counselors. Hopefully one day one of us will make it to that table and be able to debate on behalf of our students. Before I became a financial aid counselor at UMUC, I had always dreamed of becoming a lawyer. My staff members at UMUC have reiterated to me over and over again how closely tied the law and financial aid truly are. Of course, I have occasionally viewed the regulations set up by DOE on ifap.ed.gov, but I never thought about how those regulations get from laws created by Congress to my fingertips. The opportunity to participate in the negotiated rulemaking session in D.C. allowed me to understand exactly how these regulations reached my fingertips. Overall, the experience of negotiated rulemaking was very informative, and I would encourage other members of the financial aid community to attend any of the sessions if they should get the opportunity. I felt as though my voice is being heard through the negotiators and it is a comfort to know that we have people who are debating on behalf of the students we represent.
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