Higher Education Reauthorization and College Opportunity Act of 2008

President Bush signed legislation to reauthorize the Higher Education Act (HEA) on Aug. 14, concluding an effort which has been in process for six years and through three different Congresses.

The new law (PL 110-315) will be complex to implement and contains many undesirable provisions, including a number of new reporting and regulatory requirements. It also creates an unprecedented number of new programs—approximately 70—which will encounter intense competition for scarce resources in order to become operational.

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The Higher Education Reauthorization and College Opportunity Act of 2008 established four new loan forgiveness and repayment programs that benefit public interest lawyers. They are:

• Loan Forgiveness for Service in Areas of National Need
  Providing no more than $2,000 per year for five years for Public Sector Employees, including public interest legal services (prosecution, public defense, or legal advocacy in low-income communities at a nonprofit organization).
  
  
• The John R. Justice Prosecutors and Defenders Incentive Act
  Providing $10,000 per year in exchange for a one time renewable three-year commitment for state and local prosecutors and public defenders.
  
  
• Perkins Loan Cancellation for Public Service
  Providing partial loan cancellation for persons in specified public service jobs including federal public defenders. Rules will be established by the federal agencies responsible for administering these programs.
  
  
• The Legal Assistance Loan Repayment Program
  Providing $6,000 per year in renewable three year commitments to a maximum of $40,000 for civil legal assistance lawyers.

HEA now moves to the Department of Education (ED), which faces the daunting challenge of executing it.