Secretary Issues Waivers of Regulatory Provisions Related to HEROS Act

The Secretary of Education has issued waivers of certain regulatory provisions of the Federal Student Aid Programs as required by the Higher Education Relief Opportunities for Students (HEROS) Act. These waivers apply to students serving on active military duty or qualifying National Guard duty during war, military operation, or a national emergency; students who reside or are employed in a declared disaster area; and/or students who suffer economic hardship as a direct result of a war, military operation, or national emergency. An appropriate official must declare the war, military operation, national emergency, or disaster area, and the Secretary must issue the waivers and modifications as deemed appropriate.

The waivers are intended to ensure that student aid recipients are not placed in a worse position financially because they are affected individuals or that they are not unduly subject to burdensome regulations, technical violations, or defaults. Also, there should be no penalty when need is calculated for financial assistance purposes. Affected students should not be required to repay or return an overpayment of grant funds based on the return of federal funds provisions. Finally, institutions whose operations are significantly affected by a declared disaster should receive temporary relief from administrative requirements.

These provisions are effective as of December 12, 2003, and expire n September 30, 2005. They apply only to the appropriate individuals, as defined within the HEROS Act.

The complete list of modifications and waivers were published in the December 12 Federal Register, accessible online at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/pdf/03-30781.pdf

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