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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 34:34:3.1.3.1.30.1.17.1 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | A | Subpart A—General | § 668.1 Scope. | ED | [52 FR 45724, Dec. 1, 1987, as amended at 56 FR 36696, July 31, 1991; 59 FR 22418, Apr. 29, 1994; 61 FR 60396, Nov. 27, 1996; 63 FR 40623, July 29, 1998; 65 FR 38729, June 22, 2000; 71 FR 38002, July 3, 2006; 73 FR 35492, June 23, 2008; 85 FR 54813, Sept. 2, 2020] | (a) This part establishes general rules that apply to an institution that participates in any student financial assistance program authorized by Title IV of the Higher Education Act of 1965, as amended (Title IV, HEA program). To the extent that an institution contracts with a third-party servicer to administer any aspect of the institution's participation in any Title IV, HEA program, the applicable rules in this part also apply to that servicer. An institution's use of a third-party servicer does not alter the institution's responsibility for compliance with the rules in this part. (b) As used in this part, an “institution,” unless otherwise specified, includes— (1) An institution of higher education as defined in 34 CFR 600.4; (2) A proprietary institution of higher education as defined in 34 CFR 600.5; and (3) A postsecondary vocational institution as defined in 34 CFR 600.6. (c) The Title IV, HEA programs include— (1) The Federal Pell Grant Program (20 U.S.C. 1070a et seq.; 34 CFR part 690); (2) The Academic Competitiveness Grant (ACG) Program (20 U.S.C. 1070a-1; 34 CFR part 691); (3) The Federal Supplemental Educational Opportunity Grant (FSEOG) Program (20 U.S.C. 1070b et seq.; 34 CFR parts 673 and 676); (4) The Leveraging Educational Assistance Partnership (LEAP) Program (20 U.S.C. 1070c et seq.; 34 CFR part 692); (5) The Federal Stafford Loan Program (20 U.S.C. 1071 et seq.; 34 CFR part 682); (6) The Federal PLUS Program (20 U.S.C. 1078-2; 34 CFR part 682); (7) The Federal Consolidation Loan Program (20 U.S.C. 1078-3; 34 CFR part 682); (8) The Federal Work-Study (FWS) Program (42 U.S.C. 2751 et seq.; 34 CFR parts 673 and 675); (9) The William D. Ford Federal Direct Loan (Direct Loan) Program (20 U.S.C. 1087a et seq.; 34 CFR part 685); (10) The Federal Perkins Loan Program (20 U.S.C. 1087aa et seq.; 34 CFR parts 673 and 674); (11) The National Science and Mathematics Access to Retain Talent Grant (National SMART Grant) Program (20 U.S.C. 1070a-1; 34 CFR part 691); and (12) T… | ||||
| 34:34:3.1.3.1.30.1.17.10 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | A | Subpart A—General | § 668.11 Severability. | ED | [87 FR 65490, Oct. 28, 2022] | If any provision of this part or its application to any person, act, or practice is held invalid, the remainder of the part or the application of its provisions to any person, act, or practice will not be affected thereby. | ||||
| 34:34:3.1.3.1.30.1.17.2 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | A | Subpart A—General | § 668.2 General definitions. | ED | [59 FR 22418, Apr. 29, 1994] | (a) The following definitions are contained in the regulations for Institutional Eligibility under the Higher Education Act of 1965, as amended, 34 CFR part 600: (1) Accredited. (2) Award year. (3) Branch campus. (4) Clock hour. (5)Correspondence course. (6) Credit hour. (7) Direct assessment program. (8) Distance education. (9) Educational program. (10) Eligible institution. (11) Federal Family Education Loan (FFEL) programs. (12) Foreign institution. (13) Incarcerated student. (14) Institution of higher education. (15)Legally authorized. (16) Nationally recognized accrediting agency. (17) Nonprofit institution. (18) One-year training program. (19) Postsecondary vocational institution. (20) Preaccredited. (21) Proprietary institution of higher education. (22) Recognized equivalent of a high school diploma. (23) Recognized occupation. (24) Regular student. (25) Religious mission. (26) Secretary. (27) State. (28) Teach-out. (29) Teach-out agreement. (30) Teach-out plan. (31) Title IV, HEA program. (1) Accredited. (2) Award year. (3) Branch campus. (4) Clock hour. (5)Correspondence course. (6) Credit hour. (7) Direct assessment program. (8) Distance education. (9) Educational program. (10) Eligible institution. (11) Federal Family Education Loan (FFEL) programs. (12) Foreign institution. (13) Incarcerated student. (14) Institution of higher education. (15)Legally authorized. (16) Nationally recognized accrediting agency. (17) Nonprofit institution. (18) One-year training program. (19) Postsecondary vocational institution. (20) Preaccredited. (21) Proprietary institution of higher education. (22) Recognized equivalent of a high school diploma. (23) Recognized occupation. (24) Regular student. (25) Religious mission. (26) Secretary. (27) State. (28) Teach-out. (29) Teach-out agreement. (30) Teach-out plan. (31) Title IV, HEA program. (b) The following definitions apply to all Title IV, HEA progra… | ||||
| 34:34:3.1.3.1.30.1.17.3 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | A | Subpart A—General | § 668.3 Academic year. | ED | [67 FR 67071, Nov. 1, 2002, as amended at 71 FR 45693, Aug. 9, 2006; 85 FR 54814, Sept. 2, 2020] | (a) General. Except as provided in paragraph (c) of this section, an academic year for a program of study must include— (1)(i) For a program offered in credit hours, a minimum of 30 weeks of instructional time; or (ii) For a program offered in clock hours, a minimum of 26 weeks of instructional time; and (2) For an undergraduate educational program, an amount of instructional time whereby a full-time student is expected to complete at least— (i) Twenty-four semester or trimester credit hours or 36 quarter credit hours for a program measured in credit hours; or (ii) 900 clock hours for a program measured in clock hours. (b) Definitions. For purposes of paragraph (a) of this section— (1) A week is a consecutive seven-day period; (2) A week of instructional time is any week in which— (i) At least one day of regularly scheduled instruction or examinations occurs, or, after the last scheduled day of classes for a term or payment period, at least one day of study for final examinations occurs; or (ii)(A) In a program offered using asynchronous coursework through distance education or correspondence courses, the institution makes available the instructional materials, other resources, and instructor support necessary for academic engagement and completion of course objectives; and (B) In a program using asynchronous coursework through distance education, the institution expects enrolled students to perform educational activities demonstrating academic engagement during the week; and (3) Instructional time does not include any scheduled breaks and activities not included in the definition of “academic engagement” in 34 CFR 600.2, or periods of orientation or counseling. (c) Reduction in the length of an academic year. (1) Upon the written request of an institution, the Secretary may approve, for good cause, an academic year of 26 through 29 weeks of instructional time for educational programs offered by the institution if the institution offers a two-year program leading to an associate degree or a fou… | ||||
| 34:34:3.1.3.1.30.1.17.4 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | A | Subpart A—General | § 668.4 Payment period. | ED | [72 FR 62025, Nov. 1, 2007, as amended at 73 FR 35492, June 23, 2008] | (a) Payment periods for an eligible program that measures progress in credit hours and uses standard terms or nonstandard terms that are substantially equal in length. For a student enrolled in an eligible program that measures progress in credit hours and uses standard terms (semesters, trimesters, or quarters), or for a student enrolled in an eligible program that measures progress in credit hours and uses nonstandard terms that are substantially equal in length, the payment period is the academic term. (b) Payment periods for an eligible program that measures progress in credit hours and uses nonstandard terms that are not substantially equal in length. For a student enrolled in an eligible program that measures progress in credit hours and uses nonstandard terms that are not substantially equal in length— (1) For Pell Grant, ACG, National SMART Grant, FSEOG, Perkins Loan, and TEACH Grant program funds, the payment period is the academic term; (2) For FFEL and Direct Loan program funds— (i) For a student enrolled in an eligible program that is one academic year or less in length— (A) The first payment period is the period of time in which the student successfully completes half of the number of credit hours in the program and half of the number of weeks of instructional time in the program; and (B) The second payment period is the period of time in which the student successfully completes the program; and (ii) For a student enrolled in an eligible program that is more than one academic year in length— (A) For the first academic year and any subsequent full academic year— ( 1 ) The first payment period is the period of time in which the student successfully completes half of the number of credit hours in the academic year and half of the number of weeks of instructional time in the academic year; and ( 2 ) The second payment period is the period of time in which the student successfully completes the academic year; (B) For any remaining portion of an eligible program that is more than half an aca… | ||||
| 34:34:3.1.3.1.30.1.17.5 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | A | Subpart A—General | § 668.5 Written arrangements to provide educational programs. | ED | [65 FR 65674, Nov. 1, 2000, as amended at 75 FR 66948, Oct. 29, 2010; 75 FR 67198, Nov. 1, 2010; 85 FR 54814, Sept. 2, 2020] | (a) Written arrangements between eligible institutions. (1) Except as provided in paragraph (a)(2) of this section, if an eligible institution enters into a written arrangement with another eligible institution, or with a consortium of eligible institutions, under which the other eligible institution or consortium provides part of the educational program to students enrolled in the first institution, the Secretary considers that educational program to be an eligible program if the educational program offered by the institution that grants the degree, certificate, or other recognized educational credential otherwise satisfies the requirements of § 668.8. (2) If the written arrangement is between two or more eligible institutions that are owned or controlled by the same individual, partnership, or corporation, the Secretary considers the educational program to be an eligible program if the educational program offered by the institution that grants the degree, certificate, or other recognized educational credential otherwise satisfies the requirements of § 668.8. (b) Written arrangements for study-abroad. Under a study abroad program, if an eligible institution enters into a written arrangement under which an institution in another country, or an organization acting on behalf of an institution in another country, provides part of the educational program of students enrolled in the eligible institution, the Secretary considers that educational program to be an eligible program if it otherwise satisfies the requirements of paragraphs (c)(1) through (c)(3) of this section. (c) Written arrangements between an eligible institution and an ineligible institution or organization. Except as provided in paragraph (d) of this section, if an eligible institution enters into a written arrangement with an institution or organization that is not an eligible institution under which the ineligible institution or organization provides part of the educational program of students enrolled in the eligible institution, the Secre… | ||||
| 34:34:3.1.3.1.30.1.17.6 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | A | Subpart A—General | §§ 668.6-668.7 [Reserved] | ED | ||||||
| 34:34:3.1.3.1.30.1.17.7 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | A | Subpart A—General | § 668.8 Eligible program. | ED | [59 FR 22421, Apr. 29, 1994] | (a) General. An eligible program is an educational program that— (1) Is provided by a participating institution; and (2) Satisfies the other relevant requirements contained in this section. (b) Definitions. For purposes of this section— (1) The Secretary considers the “equivalent of an associate degree” to be— (i) An associate degree; or (ii) The successful completion of at least a two-year program that is acceptable for full credit toward a bachelor's degree and qualifies a student for admission into the third year of a bachelor's degree program; (2) A week is a consecutive seven-day period; and (3)(i) The Secretary considers that an institution provides one week of instructional time in an academic program during any week the institution provides at least one day of regularly scheduled instruction or examinations, or, after the last scheduled day of classes for a term or a payment period, at least one day of study for final examinations. (ii) Instructional time does not include any vacation periods, homework, or periods of orientation or counseling. (c) Institution of higher education. An eligible program provided by an institution of higher education must— (1) Lead to an associate, bachelor's, professional, or graduate degree; (2) Be at least a two-academic-year program that is acceptable for full credit toward a bachelor's degree; or (3) Be at least a one-academic-year training program that leads to a certificate, or other nondegree recognized credential, and prepares students for gainful employment in a recognized occupation. (d) Proprietary institution of higher education and postsecondary vocational institution. An eligible program provided by a proprietary institution of higher education or postsecondary vocational institution— (1)(i) Must require a minimum of 15 weeks of instruction, beginning on the first day of classes and ending on the last day of classes or examinations; (ii) Must be at least 600 clock hours, 16 semester or trimester hours, or 24 quarter hours; (iii) Must pro… | ||||
| 34:34:3.1.3.1.30.1.17.8 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | A | Subpart A—General | § 668.9 Relationship between clock hours and semester, trimester, or quarter hours in calculating Title IV, HEA program assistance. | ED | [59 FR 61179, Nov. 29, 1994] | (a) In determining the amount of Title IV, HEA program assistance that a student who is enrolled in a program described in § 668.8(k) is eligible to receive, the institution shall apply the formula contained in § 668.8(l) to determine the number of semester, trimester, or quarter hours in that program, if the institution measures academic progress in that program in semester, trimester, or quarter hours. (b) Notwithstanding paragraph (a) of this section, a public or private nonprofit hospital-based school of nursing that awards a diploma at the completion of the school's program of education is not required to apply the formula contained in § 668.8(l) to determine the number of semester, trimester, or quarter hours in that program for purposes of calculating Title IV, HEA program assistance. | ||||
| 34:34:3.1.3.1.30.1.17.9 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | A | Subpart A—General | § 668.10 Direct assessment programs. | ED | [85 FR 54815, Sept. 2, 2020] | (a)(1) A direct assessment program is a program that, in lieu of credit or clock hours as the measure of student learning, utilizes direct assessment of student learning, or recognizes the direct assessment of student learning by others. The assessment must be consistent with the accreditation of the institution or program utilizing the results of the assessment. (2) Direct assessment of student learning means a measure of a student's knowledge, skills, and abilities designed to provide evidence of the student's proficiency in the relevant subject area. (3) An institution must establish a methodology to reasonably equate each module in the direct assessment program to either credit hours or clock hours. This methodology must be consistent with the requirements of the institution's accrediting agency or State approval agency. (4) All regulatory requirements in this chapter that refer to credit or clock hours as a measurement apply to direct assessment programs according to whether they use credit or clock hour equivalencies, respectively. (5) A direct assessment program that is not consistent with the requirements of the institution's accrediting agency or State approval agency is not an eligible program as provided under § 668.8. In order for any direct assessment program to qualify as an eligible program, the accrediting agency must have— (i) Evaluated the program based on the agency's accreditation standards and criteria, and included it in the institution's grant of accreditation or preaccreditation; and (ii) Reviewed and approved the institution's claim of each direct assessment program's equivalence in terms of credit or clock hours. (b)(1) An institution that wishes to offer a direct assessment program must apply to the Secretary to have its direct assessment program or programs determined to be eligible programs for title IV, HEA program purposes. Following the Secretary's initial approval of a direct assessment program, additional direct assessment programs at an equivalent or lower academic level … | ||||
| 34:34:3.1.3.1.30.10.17.1 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.141 Scope. | ED | (a) This subpart sets forth the provisions under which a student who has neither a high school diploma nor its recognized equivalent may become eligible to receive title IV, HEA program funds by— (1) Achieving a passing score, specified by the Secretary, on an independently administered test approved by the Secretary under this subpart; or (2) Being enrolled in an eligible institution that participates in a State process approved by the Secretary under this subpart. (b) Under this subpart, the Secretary sets forth— (1) The procedures and criteria the Secretary uses to approve tests; (2) The basis on which the Secretary specifies a passing score on each approved test; (3) The procedures and conditions under which the Secretary determines that an approved test is independently administered; (4) The information that a test publisher or a State must submit, as part of its test submission, to explain the methodology it will use for the test anomaly studies as described in § 668.144(c)(17) and (d)(8), as appropriate; (5) The requirements that a test publisher or a State, as appropriate— (i) Have a process to identify and follow up on test score irregularities; (ii) Take corrective action—up to and including decertification of test administrators—if the test publisher or the State determines that test score irregularities have occurred; and (iii) Report to the Secretary the names of any test administrators it decertifies and any other action taken as a result of test score analyses; and (6) The procedures and conditions under which the Secretary determines that a State process demonstrates that students in the process have the ability to benefit from the education and training being offered to them. | |||||
| 34:34:3.1.3.1.30.10.17.10 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.150 Agreement between the Secretary and a test publisher or a State. | ED | (a) If the Secretary approves a test under this subpart, the test publisher or the State that submitted the test must enter into an agreement with the Secretary that contains the provisions set forth in paragraph (b) of this section before an institution may use the test to determine a student's eligibility for title IV, HEA program funds. (b) The agreement between a test publisher or a State, as applicable, and the Secretary provides that the test publisher or the State, as applicable, must— (1) Allow only test administrators that it certifies to give its test; (2) Require each test administrator it certifies to— (i) Provide the test publisher or the State, as applicable, with a certification statement that indicates he or she is not currently decertified; and (ii) Notify the test publisher or the State, as applicable, immediately if any other test publisher or State decertifies the test administrator; (3) Only certify test administrators who— (i) Have the necessary training, knowledge, and skill to test students in accordance with the test publisher's or the State's testing requirements; (ii) Have the ability and facilities to keep its test secure against disclosure or release; and (iii) Have not been decertified within the last three years by any test publisher or State; (4) Decertify a test administrator for a period of three years if the test publisher or the State finds that the test administrator— (i) Has failed to give its test in accordance with the test publisher's or the State's instructions; (ii) Has not kept the test secure; (iii) Has compromised the integrity of the testing process; or (iv) Has given the test in violation of the provisions contained in § 668.151; (5) Reevaluate the qualifications of a test administrator who has been decertified by another test publisher or State and determine whether to continue the test administrator's certification or to decertify the test administrator; (6) Immediately notify the test administrator, the Secretary, and the institutions where the te… | |||||
| 34:34:3.1.3.1.30.10.17.11 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.151 Administration of tests. | ED | (a)(1) To establish a student's eligibility for title IV, HEA program funds under this subpart, an institution must select a test administrator to give an approved test. (2) An institution may use the results of an approved test it received from an approved test publisher or assessment center to determine a student's eligibility to receive title IV, HEA program funds if the test was independently administered and properly administered in accordance with this subpart. (b) The Secretary considers that a test is independently administered if the test is— (1) Given at an assessment center by a certified test administrator who is an employee of the center; or (2) Given by an independent test administrator who maintains the test at a secure location and submits the test for scoring by the test publisher or the State or, for a computer-based test, a record of the test scores, within two business days of administering the test. (c) The Secretary considers that a test is not independently administered if an institution— (1) Compromises test security or testing procedures; (2) Pays a test administrator a bonus, commission, or any other incentive based upon the test scores or pass rates of its students who take the test; or (3) Otherwise interferes with the test administrator's independence or test administration. (d) The Secretary considers that a test is properly administered if the test administrator— (1) Is certified by the test publisher or the State, as applicable, to give the test publisher's or the State's test; (2) Administers the test in accordance with instructions provided by the test publisher or the State, as applicable, and in a manner that ensures the integrity and security of the test; (3) Makes the test available only to a test-taker, and then only during a regularly scheduled test; (4) Secures the test against disclosure or release; and (5) Submits the completed test or, for a computer-based test, a record of test scores, to the test publisher or the State, as applicable, within the time per… | |||||
| 34:34:3.1.3.1.30.10.17.12 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.152 Administration of tests by assessment centers. | ED | (a) If a test is given by an assessment center, the assessment center must properly administer the test as described in § 668.151(d), and § 668.153, if applicable. (b)(1) Unless an agreement between a test publisher or a State, as applicable, and an assessment center indicates otherwise, an assessment center scores the tests it gives and promptly notifies the institution and the student of the student's score on the test and whether the student passed the test. (2) If the assessment center scores the test, it must provide weekly to the test publisher or the State, as applicable— (i) All copies of the completed test, including the name and address of the test administrator who administered the test and any identifier assigned to the test administrator by the test publisher or the State, as applicable; or (ii) A report listing all test-takers' scores and institutions to which the scores were sent and the name and address of the test administrator who administered the test and any identifier assigned to the test administrator by the test publisher or the State, as applicable. | |||||
| 34:34:3.1.3.1.30.10.17.13 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.153 Administration of tests for individuals whose native language is not English or for individuals with disabilities. | ED | (a) Individuals whose native language is not English. For an individual whose native language is not English and who is not fluent in English, the institution must use the following tests, as applicable: (1) If the individual is enrolled or plans to enroll in a program conducted entirely in his or her native language, the individual must take a test approved under §§ 668.146 and 668.148(a)(1). (2) If the individual is enrolled or plans to enroll in a program that is taught in English with an ESL component, the individual must take an English language proficiency assessment approved under § 668.148(b) and, before beginning the portion of the program taught in English, a test approved under § 668.146. (3) If the individual is enrolled or plans to enroll in a program that is taught in English without an ESL component, or the individual does not enroll in any ESL component offered, the individual must take a test in English approved under § 668.146. (4) If the individual enrolls in an ESL program, the individual must take an ESL test approved under § 668.148(b). (5) If the individual enrolls or plans to enroll in a program that is taught in the student's native language that either has an ESL component or a portion of the program will be taught in English, the individual must take an English proficiency test approved under § 668.148(b) prior to beginning the portion of the program taught in English. (b) Individuals with disabilities. (1) For an individual with a disability who has neither a high school diploma nor its equivalent and who is applying for title IV, HEA program funds and seeks to show his or her ability to benefit through the testing procedures in this subpart, an institution must use a test described in § 668.148(a)(2) or § 668.149(a). (2) The test must reflect the individual's skills and general learned abilities. (3) The test administrator must ensure that there is documentation to support the determination that the individual is an individual with a disability and requires accommodations—… | |||||
| 34:34:3.1.3.1.30.10.17.14 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.154 Institutional accountability. | ED | An institution is liable for the title IV, HEA program funds disbursed to a student whose eligibility is determined under this subpart only if— (a) The institution used a test that was not administered independently, in accordance with § 668.151(b); (b) The institution or an employee of the institution compromised the testing process in any way; or (c) The institution is unable to document that the student received a passing score on an approved test. | |||||
| 34:34:3.1.3.1.30.10.17.15 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.155 [Reserved] | ED | ||||||
| 34:34:3.1.3.1.30.10.17.16 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.156 Approved State process. | ED | [88 FR 74701, Oct. 31, 2023] | (a)(1) A State that wishes the Secretary to consider its State process as an alternative to achieving a passing score on an approved, independently administered test or satisfactory completion of at least six credit hours or its recognized equivalent coursework for the purpose of determining a student's eligibility for title IV, HEA program funds must apply to the Secretary for approval of that process. (2) A State's application for approval of its State process must include— (i) The institutions located in the State included in the proposed process, which need not be all of the institutions located in the State; (ii) The requirements that participating institutions must meet to offer eligible career pathway programs through the State process; (iii) A certification that, as of the date of the application, each proposed career pathway program intended for use through the State process constitutes an “eligible career pathway program” as defined in § 668.2 and as documented pursuant to § 668.157; (iv) The criteria used to determine student eligibility for participation in the State process; and (v) For an institution listed for the first time on the application, an assurance that not more than 33 percent of the institution's undergraduate regular students withdrew from the institution during the institution's latest completed award year. For purposes of calculating this rate, the institution must count all regular students who were enrolled during the latest completed award year, except those students who, during that period— (A) Withdrew from, dropped out of, or were expelled from the institution; and (B) Were entitled to and actually received in a timely manner, a refund of 100 percent of their tuition and fees. (b) For a State applying for approval for the first time, the Secretary may approve the State process for a two-year initial period if— (1) The State's process satisfies the requirements contained in paragraphs (a), (c), and (d) of this section; and (2) The State agrees that the total number of … | ||||
| 34:34:3.1.3.1.30.10.17.17 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.157 Eligible career pathway program. | ED | [88 FR 74702, Oct. 31, 2023] | (a) An institution demonstrates to the Secretary that a student is enrolled in an eligible career pathway program by documenting that— (1) The student has enrolled in or is receiving all three of the following elements simultaneously— (i) An eligible postsecondary program as defined in § 668.8; (ii) Adult education and literacy activities under the Workforce Innovation and Opportunity Act as described in 34 CFR 463.30 that assist adults in attaining a secondary school diploma or its recognized equivalent and in the transition to postsecondary education and training; and (iii) Workforce preparation activities as described in 34 CFR 463.34; (2) The program aligns with the skill needs of industries in the State or regional labor market in which the institution is located, based on research the institution has conducted, including— (i) Government reports identifying in-demand occupations in the State or regional labor market; (ii) Surveys, interviews, meetings, or other information obtained by the institution regarding the hiring needs of employers in the State or regional labor market; and (iii) Documentation that demonstrates direct engagement with industry; (3) The skill needs described in paragraph (a)(2) of this section align with the specific coursework and postsecondary credential provided by the postsecondary program or other required training; (4) The program provides academic and career counseling services that assist students in pursuing their credential and obtaining jobs aligned with skill needs described in paragraph (a)(2) of this section, and identifies the individuals providing the career counseling services; (5) The appropriate education is offered, concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster through an agreement, memorandum of understanding, or some other evidence of alignment of postsecondary and adult education providers that ensures the education is aligned with the students' career object… | ||||
| 34:34:3.1.3.1.30.10.17.2 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.142 Special definitions. | ED | The following definitions apply to this subpart: Assessment center: A facility that— (1) Is located at an eligible institution that provides two-year or four-year degrees or is a postsecondary vocational institution; (2) Is responsible for gathering and evaluating information about individual students for multiple purposes, including appropriate course placement; (3) Is independent of the admissions and financial aid processes at the institution at which it is located; (4) Is staffed by professionally trained personnel; (5) Uses test administrators to administer tests approved by the Secretary under this subpart; and (6) Does not have as its primary purpose the administration of ability to benefit tests. ATB test irregularity: An irregularity that results from an ATB test being administered in a manner that does not conform to the established rules for test administration consistent with the provisions of subpart J of part 668 and the test administrator's manual. Computer-based test: A test taken by a student on a computer and scored by a computer. General learned abilities: Cognitive operations, such as deductive reasoning, reading comprehension, or translation from graphic to numerical representation, that may be learned in both school and non-school environments. Independent test administrator: A test administrator who administers tests at a location other than an assessment center and who— (1) Has no current or prior financial or ownership interest in the institution, its affiliates, or its parent corporation, other than the fees earned for administering approved ATB tests through an agreement with the test publisher or State and has no controlling interest in any other institution; (2) Is not a current or former employee of or consultant to the institution, its affiliates, or its parent corporation, a person in control of another institution, or a member of the family of any of these individuals; (3) Is not a current or former member of the board of directors, a current or former employee … | |||||
| 34:34:3.1.3.1.30.10.17.3 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.143 [Reserved] | ED | ||||||
| 34:34:3.1.3.1.30.10.17.4 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.144 Application for test approval. | ED | (a) The Secretary only reviews tests under this subpart that are submitted by the publisher of that test or by a State. (b) A test publisher or a State that wishes to have its test approved by the Secretary under this subpart must submit an application to the Secretary at such time and in such manner as the Secretary may prescribe. The application must contain all the information necessary for the Secretary to approve the test under this subpart, including but not limited to, the information contained in paragraph (c) or (d) of this section, as applicable. (c) A test publisher must include with its application— (1) A summary of the precise editions, forms, levels, and (if applicable) sub-tests for which approval is being sought; (2) The name, address, telephone number, and e-mail address of a contact person to whom the Secretary may address inquiries; (3) Each edition, form, level, and sub-test of the test for which the test publisher requests approval; (4) The distribution of test scores for each edition, form, level, or sub-test for which approval is sought, that allows the Secretary to prescribe the passing score for each test in accordance with § 668.147; (5) Documentation of test development, including a history of the test's use; (6) Norming data and other evidence used in determining the distribution of test scores; (7) Material that defines the content domains addressed by the test; (8) Documentation of periodic reviews of the content and specifications of the test to ensure that the test reflects secondary school level verbal and quantitative skills; (9) If a test being submitted is a revision of the most recent edition approved by the Secretary, an analysis of the revisions, including the reasons for the revisions, the implications of the revisions for the comparability of scores on the current test to scores on the previous test, and data from validity studies of the test undertaken subsequent to the revisions; (10) A description of the manner in which test-taking time was determined in rel… | |||||
| 34:34:3.1.3.1.30.10.17.5 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.145 Test approval procedures. | ED | (a)(1) When the Secretary receives a complete application from a test publisher or a State, the Secretary selects one or more experts in the field of educational testing and assessment, who possess appropriate advanced degrees and experience in test development or psychometric research, to determine whether the test meets the requirements for test approval contained in §§ 668.146, 668.147, 668.148, or 668.149, as appropriate, and to advise the Secretary of their determinations. (2) If the test involves a language other than English, the Secretary selects at least one individual who is fluent in the language in which the test is written to collaborate with the testing expert or experts described in paragraph (a)(1) of this section and to advise the Secretary on whether the test meets the additional criteria, provisions, and conditions for test approval contained in §§ 668.148 and 668.149. (3) For test batteries that contain multiple sub-tests measuring content domains other than verbal and quantitative domains, the Secretary reviews only those sub-tests covering the verbal and quantitative domains. (b)(1) If the Secretary determines that a test satisfies the criteria and requirements for test approval, the Secretary notifies the test publisher or the State, as applicable, of the Secretary's decision, and publishes the name of the test and the passing scores in the Federal Register. (2) If the Secretary determines that a test does not satisfy the criteria and requirements for test approval, the Secretary notifies the test publisher or the State, as applicable, of the Secretary's decision, and the reasons why the test did not meet those criteria and requirements. (3) If the Secretary determines that a test does not satisfy the criteria and requirements for test approval, the test publisher or the State that submitted the test for approval may request that the Secretary reevaluate the Secretary's decision. Such a request must be accompanied by— (i) Documentation and information that address the reasons for the… | |||||
| 34:34:3.1.3.1.30.10.17.6 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.146 Criteria for approving tests. | ED | (a) Except as provided in § 668.148, the Secretary approves a test under this subpart if— (1) The test meets the criteria set forth in paragraph (b) of this section; (2) The test publisher or the State satisfies the requirements set forth in paragraph (c) of this section; and (3) The Secretary makes a determination that the information the test publisher or State submitted in accordance with § 668.144(c)(17) or (d)(8), as applicable, provides adequate assurance that the test publisher or State will conduct rigorous test anomaly analyses and take appropriate action if test administrators do not comply with testing procedures. (b) To be approved under this subpart, a test must— (1) Assess secondary school level basic verbal and quantitative skills and general learned abilities; (2) Sample the major content domains of secondary school level verbal and quantitative skills with sufficient numbers of questions to— (i) Adequately represent each domain; and (ii) Permit meaningful analyses of item-level performance by students who are representative of the contemporary population beyond the age of compulsory school attendance and have earned a high school diploma; (3) Require appropriate test-taking time to permit adequate sampling of the major content domains described in paragraph (b)(2) of this section; (4) Have all forms (including short forms) comparable in reliability; (5) Have, in the case of a test that is revised, new scales, scale values, and scores that are demonstrably comparable to the old scales, scale values, and scores; (6) Meet all standards for test construction provided in the 1999 edition of the Standards for Educational and Psychological Testing, prepared by a joint committee of the American Educational Research Association, the American Psychological Association, and the National Council on Measurement in Education incorporated by reference in this section. Incorporation by reference of this document has been approved by the Director of the Office of the Federal Register pursuant to the… | |||||
| 34:34:3.1.3.1.30.10.17.7 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.147 Passing scores. | ED | Except as provided in §§ 668.144(d), 668.148, and 668.149, to demonstrate that a test taker has the ability to benefit from the education and training offered by the institution, the Secretary specifies that the passing score on each approved test is one standard deviation below the mean score of a sample of individuals who have taken the test within the three years before the test is submitted to the Secretary for approval. The sample must be representative of the population of high school graduates in the United States. | |||||
| 34:34:3.1.3.1.30.10.17.8 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.148 Additional criteria for the approval of certain tests. | ED | (a) In addition to satisfying the criteria in § 668.146, to be approved by the Secretary, a test must meet the following criteria, if applicable: (1) In the case of a test developed for a non-native speaker of English who is enrolled in a program that is taught in his or her native language, the test must be— (i) Linguistically accurate and culturally sensitive to the population for which the test is designed, regardless of the language in which the test is written; (ii) Supported by documentation detailing the development of normative data; (iii) If translated from an English version, supported by documentation of procedures to determine its reliability and validity with reference to the population for which the translated test was designed; (iv) Developed in accordance with guidelines provided in the 1999 edition of the “Testing Individuals of Diverse Linguistic Backgrounds” section of the Standards for Educational and Psychological Testing prepared by a joint committee of the American Educational Research Association, the American Psychological Association, and the National Council on Measurement in Education incorporated by reference in this section. Incorporation by reference of this document has been approved by the Director of the Office of the Federal Register pursuant to the Director's authority under 5 U.S.C. 552(a) and 1 CFR part 51. The incorporated document is on file at the Department of Education, Federal Student Aid, room 113E2, 830 First Street, NE., Washington, DC 20002, phone (202) 377-4026, and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 1-866-272-6272, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. The document also may be obtained from the American Educational Research Association at: http://www.aera.net; and (v)(A) If the test is in Spanish, accompanied by a distribution of test scores that clearly indicates the mean score and standard deviation … | |||||
| 34:34:3.1.3.1.30.10.17.9 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | J | Subpart J—Approval of Independently Administered Tests; Specification of Passing Score; Approval of State Process | § 668.149 Special provisions for the approval of assessment procedures for individuals with disabilities. | ED | If no test is reasonably available for individuals with disabilities so that no test can be approved under §§ 668.146 or 668.148 for these individuals, the following procedures apply: (a) The Secretary considers a modified test or testing procedure, or instrument that has been scientifically developed specifically for the purpose of evaluating the ability to benefit from postsecondary training or education of individuals with disabilities to be an approved test for purposes of this subpart provided that the testing procedure or instrument measures both basic verbal and quantitative skills at the secondary school level. (b) The Secretary considers the passing scores for these testing procedures or instruments to be those recommended by the test publisher or State, as applicable. (c) The test publisher or State, as applicable, must— (1) Maintain appropriate documentation, including a description of the procedures or instruments, their content domains, technical properties, and scoring procedures; and (2) Require the test administrator to— (i) Use the procedures or instruments in accordance with instructions provided by the test publisher or State, as applicable; and (ii) Use the passing scores recommended by the test publisher or State, as applicable. | |||||
| 34:34:3.1.3.1.30.11.17.1 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | K | Subpart K—Cash Management | § 668.161 Scope and institutional responsibility. | ED | (a) General. (1) This subpart establishes the rules under which a participating institution requests, maintains, disburses, and otherwise manages title IV, HEA program funds. (2) As used in this subpart— (i) Access device means a card, code, or other means of access to a financial account, or any combination thereof, that may be used by a student to initiate electronic fund transfers; (ii) Day means a calendar day, unless otherwise specified; (iii) Depository account means an account at a depository institution described in 12 U.S.C. 461(b)(1)(A), or an account maintained by a foreign institution at a comparable depository institution that meets the requirements of § 668.163(a)(1); (iv) EFT (Electronic Funds Transfer) means a transaction initiated electronically instructing the crediting or debiting of a financial account, or an institution's depository account. For purposes of transactions initiated by the Secretary, the term “EFT” includes all transactions covered by 31 CFR 208.2(f). For purposes of transactions initiated by or on behalf of an institution, the term “EFT” includes, from among the transactions covered by 31 CFR 208.2(f), only Automated Clearinghouse transactions; (v) Financial account means a student's or parent's checking or savings account, prepaid card account, or other consumer asset account held directly or indirectly by a financial institution; (vi) Financial institution means a bank, savings association, credit union, or any other person or entity that directly or indirectly holds a financial account belonging to a student, issues to a student an access device associated with a financial account, and agrees with the student to provide EFT services; (vii) Parent means the parent borrower of a Direct PLUS Loan; (viii) Student ledger account means a bookkeeping account maintained by an institution to record the financial transactions pertaining to a student's enrollment at the institution; and (ix) Title IV, HEA programs means the Federal Pell Grant, Iraq-Afghani… | |||||
| 34:34:3.1.3.1.30.11.17.2 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | K | Subpart K—Cash Management | § 668.162 Requesting funds. | ED | (a) General. The Secretary has sole discretion to determine the method under which the Secretary provides title IV, HEA program funds to an institution. In accordance with procedures established by the Secretary, the Secretary may provide funds to an institution under the advance payment method, reimbursement payment method, or heightened cash monitoring payment method. (b) Advance payment method. (1) Under the advance payment method, an institution submits a request for funds to the Secretary. The institution's request may not exceed the amount of funds the institution needs immediately for disbursements the institution has made or will make to eligible students and parents. (2) If the Secretary accepts that request, the Secretary initiates an EFT of that amount to the depository account designated by the institution. (3) The institution must disburse the funds requested as soon as administratively feasible but no later than three business days following the date the institution received those funds. (c) Reimbursement payment method. (1) Under the reimbursement payment method, an institution must credit a student's ledger account for the amount of title IV, HEA program funds that the student or parent is eligible to receive, and pay the amount of any credit balance due under § 668.164(h), before the institution seeks reimbursement from the Secretary for those disbursements. (2) An institution seeks reimbursement by submitting to the Secretary a request for funds that does not exceed the amount of the disbursements the institution has made to students or parents included in that request. (3) As part of its reimbursement request, the institution must— (i) Identify the students or parents for whom reimbursement is sought; and (ii) Submit to the Secretary, or an entity approved by the Secretary, documentation that shows that each student or parent included in the request was— (A) Eligible to receive and has received the title IV, HEA program funds for which reimbursement is sought; and (B) Paid direc… | |||||
| 34:34:3.1.3.1.30.11.17.3 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | K | Subpart K—Cash Management | § 668.163 Maintaining and accounting for funds. | ED | (a)(1) Institutional depository account. An institution must maintain title IV, HEA program funds in a depository account. For an institution located in a State, the depository account must be insured by the FDIC or NCUA. For a foreign institution, the depository account may be insured by the FDIC or NCUA, or by an equivalent agency of the government of the country in which the institution is located. If there is no equivalent agency, the Secretary may approve a depository account designated by the foreign institution. (2) For each depository account that includes title IV, HEA program funds, an institution located in a State must clearly identify that title IV, HEA program funds are maintained in that account by— (i) Including in the name of each depository account the phrase “Federal Funds”; or (ii)(A) Notifying the depository institution that the depository account contains title IV, HEA program funds that are held in trust and retaining a record of that notice; and (B) Except for a public institution located in a State or a foreign institution, filing with the appropriate State or municipal government entity a UCC-1 statement disclosing that the depository account contains Federal funds and maintaining a copy of that statement. (b) Separate depository account. The Secretary may require an institution to maintain title IV, HEA program funds in a separate depository account that contains no other funds if the Secretary determines that the institution failed to comply with— (1) The requirements in this subpart; (2) The recordkeeping and reporting requirements in subpart B of this part; or (3) Applicable program regulations. (c) Interest-bearing depository account. (1) An institution located in a State is required to maintain its title IV, HEA program funds in an interest-bearing depository account, except as provided in 2 CFR 200.305(b)(8). (2) Any interest earned on Federal Perkins Loan program funds is retained by the institution as provided under 34 CFR 674.8(a). (3) An institution may keep t… | |||||
| 34:34:3.1.3.1.30.11.17.4 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | K | Subpart K—Cash Management | § 668.164 Disbursing funds. | ED | [80 FR 67194, Oct. 30, 2015, as amended at 81 FR 20251, Apr. 7, 2016; 85 FR 54818, Sept. 2, 2020] | (a) Disbursement. (1) Except as provided under paragraph (a)(2) of this section, a disbursement of title IV, HEA program funds occurs on the date that the institution credits the student's ledger account or pays the student or parent directly with— (i) Funds received from the Secretary; or (ii) Institutional funds used in advance of receiving title IV, HEA program funds. (2)(i) For a Direct Loan for which the student is subject to the delayed disbursement requirements under 34 CFR 685.303(b)(5), if an institution credits a student's ledger account with institutional funds earlier than 30 days after the beginning of a payment period, the Secretary considers that the institution makes that disbursement on the 30th day after the beginning of the payment period; or (ii) If an institution credits a student's ledger account with institutional funds earlier than 10 days before the first day of classes of a payment period, the Secretary considers that the institution makes that disbursement on the 10th day before the first day of classes of a payment period. (b) Disbursements by payment period. (1) Except for paying a student under the FWS program or unless 34 CFR 685.303(d)(4)(i) applies, an institution must disburse during the current payment period the amount of title IV, HEA program funds that a student enrolled at the institution, or the student's parent, is eligible to receive for that payment period. (2) An institution may make a prior year, late, or retroactive disbursement, as provided under paragraph (c)(3), (j), or (k) of this section, respectively, during the current payment period as long as the student was enrolled and eligible during the payment period covered by that prior year, late, or retroactive disbursement. (3) At the time a disbursement is made to a student for a payment period, an institution must confirm that the student is eligible for the type and amount of title IV, HEA program funds identified by that disbursement. A third-party servicer is also responsible for confirming the stude… | ||||
| 34:34:3.1.3.1.30.11.17.5 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | K | Subpart K—Cash Management | § 668.165 Notices and authorizations. | ED | [80 FR 67194, Oct. 30, 2015, as amended at 81 FR 20251, Apr. 7, 2016] | (a) Notices. (1) Before an institution disburses title IV, HEA program funds for any award year, the institution must notify a student of the amount of funds that the student or his or her parent can expect to receive under each title IV, HEA program, and how and when those funds will be disbursed. If those funds include Direct Loan program funds, the notice must indicate which funds are from subsidized loans, which are from unsubsidized loans, and which are from PLUS loans. (2) Except in the case of a post-withdrawal disbursement made in accordance with § 668.22(a)(5), if an institution credits a student ledger account with Direct Loan, Federal Perkins Loan, or TEACH Grant program funds, the institution must notify the student or parent of— (i) The anticipated date and amount of the disbursement; (ii) The student's or parent's right to cancel all or a portion of that loan, loan disbursement, TEACH Grant, or TEACH Grant disbursement and have the loan proceeds or TEACH Grant proceeds returned to the Secretary; and (iii) The procedures and time by which the student or parent must notify the institution that he or she wishes to cancel the loan, loan disbursement, TEACH Grant, or TEACH Grant disbursement. (3) The institution must provide the notice described in paragraph (a)(2) of this section in writing— (i) No earlier than 30 days before, and no later than 30 days after, crediting the student's ledger account at the institution, if the institution obtains affirmative confirmation from the student under paragraph (a)(6)(i) of this section; or (ii) No earlier than 30 days before, and no later than seven days after, crediting the student's ledger account at the institution, if the institution does not obtain affirmative confirmation from the student under paragraph (a)(6)(i) of this section. (4)(i) A student or parent must inform the institution if he or she wishes to cancel all or a portion of a loan, loan disbursement, TEACH Grant, or TEACH Grant disbursement. (ii) The institution must return the loan or … | ||||
| 34:34:3.1.3.1.30.11.17.6 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | K | Subpart K—Cash Management | § 668.166 Excess cash. | ED | [80 FR 67194, Oct. 30, 2015, as amended at 81 FR 20251, Apr. 7, 2016] | (a) General. The Secretary considers excess cash to be any amount of title IV, HEA program funds, other than Federal Perkins Loan program funds, that an institution does not disburse to students by the end of the third business day following the date the institution— (1) Received those funds from the Secretary; or (2) Deposited or transferred to its depository account previously disbursed title IV, HEA program funds, such as those resulting from award adjustments, recoveries, or cancellations. (b) Excess cash tolerance. An institution may maintain for up to seven days an amount of excess cash that does not exceed one percent of the total amount of funds the institution drew down in the prior award year. The institution must return immediately to the Secretary any amount of excess cash over the one-percent tolerance and any amount of excess cash remaining in its account after the seven-day tolerance period. (c) Consequences for maintaining excess cash. Upon a finding that an institution maintained excess cash for any amount or time over that allowed in the tolerance provisions in paragraph (b) of this section, the actions the Secretary may take include, but are not limited to— (1) Requiring the institution to reimburse the Secretary for the costs the Federal government incurred in providing that excess cash to the institution; and (2) Providing funds to the institution under the reimbursement payment method or heightened cash monitoring payment method described in § 668.162(c) and (d), respectively. | ||||
| 34:34:3.1.3.1.30.11.17.7 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | K | Subpart K—Cash Management | § 668.167 Severability. | ED | If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the section or the application of its provisions to any person, act, or practice shall not be affected thereby. | |||||
| 34:34:3.1.3.1.30.12.17.1 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | L | Subpart L—Financial Responsibility | § 668.171 General. | ED | [84 FR 49911, Sept. 23, 2019, as amended at 85 FR 54818, Sept. 2, 2020; 87 FR 65495, Oct. 28, 2022; 88 FR 74702, Oct. 31, 2023] | (a) Purpose. To begin and to continue to participate in any title IV, HEA program, an institution must demonstrate to the Secretary that it is financially responsible under the standards established in this subpart. As provided under section 498(c)(1) of the HEA, the Secretary determines whether an institution is financially responsible based on the institution's ability to— (1) Provide the services described in its official publications and statements; (2) Meet all of its financial obligations; and (3) Provide the administrative resources necessary to comply with title IV, HEA program requirements. (b) General standards of financial responsibility. Except as provided in paragraph (h) of this section, the Department considers an institution to be financially responsible if the Department determines that— (1) The institution's Equity, Primary Reserve, and Net Income ratios yield a composite score of at least 1.5, as provided under § 668.172 and appendices A and B to this subpart; (2) The institution has sufficient cash reserves to make required returns of unearned title IV, HEA program funds, as provided under § 668.173; (3) The institution is able to meet all of its financial obligations and provide the administrative resources necessary to comply with title IV, HEA program requirements. An institution is not deemed able to meet its financial or administrative obligations if— (i) It fails to make refunds under its refund policy, return title IV, HEA program funds for which it is responsible under § 668.22, or pay title IV, HEA credit balances as required under § 668.164(h)(2); (ii) It fails to make repayments to the Department for any debt or liability arising from the institution's participation in the title IV, HEA programs; (iii) It fails to make a payment in accordance with an existing undisputed financial obligation for more than 90 days; (iv) It fails to satisfy payroll obligations in accordance with its published payroll schedule; (v) It borrows funds from retirement plans or restricted fun… | ||||
| 34:34:3.1.3.1.30.12.17.2 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | L | Subpart L—Financial Responsibility | § 668.172 Financial ratios. | ED | [62 FR 62877, Nov. 25, 1997, as amended at 63 FR 40348, July 28, 1998; 65 FR 65637, Nov. 1, 2000; 84 FR 49913, Sept. 23, 2019; 87 FR 63693, Oct. 20, 2022] | (a) Appendices A and B, ratio methodology. As provided under appendices A and B to this subpart, the Secretary determines an institution's composite score by— (1) Calculating the result of its Primary Reserve, Equity, and Net Income ratios, as described under paragraph (b) of this section; (2) Calculating the strength factor score for each of those ratios by using the corresponding algorithm; (3) Calculating the weighted score for each ratio by multiplying the strength factor score by its corresponding weighting percentage; (4) Summing the resulting weighted scores to arrive at the composite score; and (5) Rounding the composite score to one digit after the decimal point. (b) Ratios. The Primary Reserve, Equity, and Net Income ratios are defined under appendix A to this subpart for proprietary institutions, and under appendix B to this subpart for private non-profit institutions. (c) Excluded items. In calculating an institution's ratios, the Secretary— (1) Generally excludes income or losses from discontinued operations under Accounting Standards Codification 205, prior period adjustments, the cumulative effect of changes in accounting principles, and the effect of changes in accounting estimates; (2) May include or exclude the effects of questionable accounting treatments, such as excessive capitalization of marketing costs; (3) Excludes all unsecured or uncollateralized related-party receivables; (4) Excludes all intangible assets defined as intangible in accordance with generally accepted accounting principles; and (5) Excludes from the ratio calculations Federal funds provided to an institution by the Secretary under program authorized by the HEA only if— (i) In the notes to the institution's audited financial statement, or as a separate attestation, the auditor discloses by name and CFDA number, the amount of HEA program funds reported as expenses in the Statement of Activities for the fiscal year covered by that audit or attestation; and (ii) The institution's composite score, as determ… | ||||
| 34:34:3.1.3.1.30.12.17.3 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | L | Subpart L—Financial Responsibility | § 668.173 Refund reserve standards. | ED | [62 FR 62877, Nov. 25, 1997, as amended at 63 FR 40348, July 28, 1998; 64 FR 59042, Nov. 1, 1999; 67 FR 67074, Nov. 1, 2003; 71 FR 45696, Aug. 9, 2006] | (a) General. The Secretary considers that an institution has sufficient cash reserves, as required under § 668.171(b)(2), if the institution— (1) Satisfies the requirements for a public institution under § 668.171(c)(1); (2) Is located in a State that has a tuition recovery fund approved by the Secretary and the institution contributes to that fund; or (3) Returns, in a timely manner as described in paragraph (b) of this section, unearned title IV, HEA program funds that it is responsible for returning under the provisions of § 668.22 for a student that withdrew from the institution. (b) Timely return of title IV, HEA program funds. In accordance with procedures established by the Secretary or FFEL Program lender, an institution returns unearned title IV, HEA program funds timely if— (1) The institution deposits or transfers the funds into the bank account it maintains under § 668.163 no later than 45 days after the date it determines that the student withdrew; (2) The institution initiates an electronic funds transfer (EFT) no later than 45 days after the date it determines that the student withdrew; (3) The institution initiates an electronic transaction, no later than 45 days after the date it determines that the student withdrew, that informs a FFEL lender to adjust the borrower's loan account for the amount returned; or (4) The institution issues a check no later than 45 days after the date it determines that the student withdrew. An institution does not satisfy this requirement if— (i) The institution's records show that the check was issued more than 45 days after the date the institution determined that the student withdrew; or (ii) The date on the cancelled check shows that the bank used by the Secretary or FFEL Program lender endorsed that check more than 60 days after the date the institution determined that the student withdrew. (c) Compliance thresholds. (1) An institution does not comply with the reserve standard under § 668.173(a)(3) if, in a compliance audit conducted under § 668.… | ||||
| 34:34:3.1.3.1.30.12.17.4 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | L | Subpart L—Financial Responsibility | § 668.174 Past performance. | ED | [62 FR 62877, Nov. 25, 1997, as amended at 63 FR 40348, 40349, July 28, 1998; 67 FR 67075, Nov. 1, 2002; 85 FR 54818, Sept. 2, 2020; 88 FR 74707, Oct. 31, 2023] | (a) Past performance of an institution. An institution is not financially responsible if the institution— (1) Has been limited, suspended, terminated, or entered into a settlement agreement to resolve a limitation, suspension, or termination action initiated by the Secretary or a guaranty agency, as defined in 34 CFR part 682, within the preceding five years; (2) In either of its two most recently submitted compliance audits had a final audit determination or in a Departmentally issued report, including a final program review determination report, issued in its current fiscal year or either of its preceding two fiscal years, had a program review finding that resulted in the institution's being required to repay an amount greater than five percent of the funds that the institution received under the title IV, HEA programs during the year covered by that audit or program review; (3) Has been cited during the preceding five years for failure to submit in a timely fashion acceptable compliance and financial statement audits required under this part, or acceptable audit reports required under the individual title IV, HEA program regulations; or (4) Has failed to resolve satisfactorily any compliance problems identified in audit or program review reports based upon a final decision of the Secretary issued pursuant to subpart G or H of this part. (b) Past performance of persons or entities affiliated with an institution. (1)(i) Except as provided in paragraph (b)(2) of this section, an institution is not financially responsible if a person or entity who exercises substantial ownership or control over the institution, as described under 34 CFR 600.31, or any member or members of that person's family alone or together— (A) Exercises or exercised substantial ownership or control over another institution or a third-party servicer that owes a liability for a violation of a title IV, HEA program requirement; (B) Exercised substantial ownership or control over another institution that closed without a viable teach-o… | ||||
| 34:34:3.1.3.1.30.12.17.5 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | L | Subpart L—Financial Responsibility | § 668.175 Alternative standards and requirements. | ED | [62 FR 62877, Nov. 25, 1997, as amended at 63 FR 40348, 40349, July 28, 1998; 81 FR 76075, Nov. 1, 2016; 84 FR 49913, Sept. 23, 2019; 87 FR 63695, Oct. 20, 2022; 88 FR 74707, Oct. 31, 2023] | (a) General. An institution that is not financially responsible under the general standards and provisions in § 668.171, may begin or continue to participate in the title IV, HEA programs by qualifying under an alternate standard set forth in this section. (b) Letter of credit or cash escrow alternative for new institutions. A new institution that is not financially responsible solely because the Department determines that its composite score is less than 1.5, qualifies as a financially responsible institution by submitting an irrevocable letter of credit that is acceptable and payable to the Department, or providing other financial protection described under paragraph (h)(2)(i) of this section, for an amount equal to at least one-half of the amount of title IV, HEA program funds that the Department determines the institution will receive during its initial year of participation. A new institution is an institution that seeks to participate for the first time in the title IV, HEA programs. (c) Financial protection alternative for participating institutions. A participating institution that is not financially responsible, either because it does not satisfy one or more of the standards of financial responsibility under § 668.171(b), (c), or (d), or because of an audit opinion or disclosure about the institution's liquidity, ability to continue operations, or ability to continue as a going concern described under § 668.171(h), qualifies as a financially responsible institution by submitting an irrevocable letter of credit that is acceptable and payable to the Department, or providing other financial protection described under paragraph (h)(2)(i) of this section, for an amount determined by the Department that is not less than one-half of the title IV, HEA program funds received by the institution during its most recently completed fiscal year, except that this paragraph (c) does not apply to a public institution. For purposes of a failure under § 668.171(b)(2) or (3), the institution must also remedy the iss… | ||||
| 34:34:3.1.3.1.30.12.17.6 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | L | Subpart L—Financial Responsibility | § 668.176 Change in ownership. | ED | [88 FR 74709, Oct. 31, 2023] | (a) Purpose. To continue participation in the title IV, HEA programs during and following a change in ownership, institutions must meet the financial responsibility requirements in this section. (b) Materially complete application. To meet the requirements of a materially complete application under 34 CFR 600.20(g)(3)(iii) and (iv)— (1) An institution undergoing a change in ownership and control as provided under 34 CFR 600.31 must submit audited financial statements of its two most recently completed fiscal years prior to the change in ownership, at the level of the change in ownership or the level of financial statements required by the Department, that are prepared and audited in accordance with the requirements of § 668.23(d); and (2) The institution must submit audited financial statements of the institution's new owner's two most recently completed fiscal years prior to the change in ownership that are prepared and audited in accordance with the requirements of § 668.23 at the highest level of unfractured ownership or at the level required by the Department. (i) If the institution's new owner does not have two years of acceptable audited financial statements, the institution must provide financial protection in the form of a letter of credit or cash to the Department in the amount of 25 percent of the title IV, HEA program funds received by the institution during its most recently completed fiscal year; (ii) If the institution's new owner only has one year of acceptable financial statements, the institution must provide financial protection in the form of a letter of credit or cash to the Department in the amount of 10 percent of the title IV, HEA program funds received by the institution during its most recently completed fiscal year; or (iii) For an entity where no individual new owner obtains control, but the combined ownership of the new owners is equal to or exceeds the ownership share of the existing ownership, financial protection in the form of a letter of credit or cash to the Department … | ||||
| 34:34:3.1.3.1.30.12.17.7 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | L | Subpart L—Financial Responsibility | § 668.177 Severability. | ED | [81 FR 76076, Nov. 1, 2016. Redesignated at 88 FR 74709. Oct. 31, 2023] | If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the subpart or the application of its provisions to any person, act, or practice will not be affected thereby. | ||||
| 34:34:3.1.3.1.30.13.17.1 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.181 Purpose of this subpart. | ED | [74 FR 55649, Oct. 28, 2009] | (a) General. Your cohort default rate is a measure we use to determine your eligibility to participate in various Title IV, HEA programs. We may also use it for determining your eligibility for exemptions, such as those for certain disbursement requirements under the FFEL and Direct Loan Programs. This subpart applies solely to cohorts, as defined in §§ 668.182(a) and 668.183(b), for fiscal years through 2011. For these cohorts, this subpart describes how cohort default rates are calculated, some of the consequences of cohort default rates, and how you may request changes to your cohort default rates or appeal their consequences. Under this subpart, you submit a “challenge” after you receive your draft cohort default rate, and you request an “adjustment” or “appeal” after your official cohort default rate is published. (b) Cohort Default Rates. Notwithstanding anything to the contrary in this subpart, we will issue annually two sets of draft and official cohort default rates for fiscal years 2009, 2010, and 2011. For each of these years, you will receive one set of draft and official cohort default rates under this subpart and another set of draft and official cohort default rates under subpart N of this part. | ||||
| 34:34:3.1.3.1.30.13.17.10 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.190 Uncorrected data adjustments. | ED | [74 FR 55650, Oct. 28, 2009] | (a) Eligibility. You may request an uncorrected data adjustment for your most recent cohort of borrowers, used to calculate your most recent official cohort default rate, if in response to your challenge under § 668.185(b), a data manager agreed correctly to change the data, but the changes are not reflected in your official cohort default rate. (b) Deadlines for requesting an uncorrected data adjustment. You must send us a request for an uncorrected data adjustment, including all supporting documentation, within 30 days after you receive your loan record detail report from us. (c) Determination. We recalculate your cohort default rate, based on the corrected data, and electronically correct the rate that is publicly released, if we determine that— (1) In response to your challenge under § 668.185(b), a data manager agreed to change the data; (2) The changes described in paragraph (c)(1) of this section are not reflected in your official cohort default rate; and (3) We agree that the data are incorrect. | ||||
| 34:34:3.1.3.1.30.13.17.11 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.191 New data adjustments. | ED | [74 FR 55651, Oct. 28, 2009] | (a) Eligibility. You may request a new data adjustment for your most recent cohort of borrowers, used to calculate your most recent official cohort default rate, if— (1) A comparison of the loan record detail reports that we provide to you for the draft and official cohort default rates shows that the data have been newly included, excluded, or otherwise changed; and (2) You identify errors in the data described in paragraph (a)(1) of this section that are confirmed by the data manager. (b) Deadlines for requesting a new data adjustment. (1) You must send to the relevant data manager, or data managers, and us a request for a new data adjustment, including all supporting documentation, within 15 days after you receive your loan record detail report from us. (2) Within 20 days after receiving your request for a new data adjustment, the data manager must send you and us a response that— (i) Addresses each of your allegations of error; and (ii) Includes the documentation used to support the data manager's position. (3) Within 15 days after receiving a guaranty agency's notice that we hold an FFELP loan about which you are inquiring, you must send us your request for a new data adjustment for that loan. We respond to your request as set forth under paragraph (b)(2) of this section. (4) Within 15 days after receiving incomplete or illegible records or data from a data manager, you must send a request for replacement records or clarification of data to the data manager and us. (5) Within 20 days after receiving your request for replacement records or clarification of data, the data manager must— (i) Replace the missing or illegible records; (ii) Provide clarifying information; or (iii) Notify you and us that no clarifying information or additional or improved records are available. (6) You must send us your completed request for a new data adjustment, including all supporting documentation— (i) Within 30 days after you receive the final data manager's response to your request or requests; or (ii) If y… | ||||
| 34:34:3.1.3.1.30.13.17.12 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.192 Erroneous data appeals. | ED | [65 FR 65638, Nov. 1, 2000, as amended at 74 FR 55651, Oct. 28, 2009] | (a) Eligibility. Except as provided in § 668.189(b), you may appeal the calculation of a cohort default rate upon which a loss of eligibility, under § 668.187, or provisional certification, under § 668.16(m), is based if— (1) You dispute the accuracy of data that you previously challenged on the basis of incorrect data, under § 668.185(b); or (2) A comparison of the loan record detail reports that we provide to you for the draft and official cohort default rates shows that the data have been newly included, excluded, or otherwise changed, and you dispute the accuracy of that data. (b) Deadlines for submitting an appeal. (1) You must send a request for verification of data errors to the relevant data manager, or data managers, and to us within 15 days after you receive the notice of your loss of eligibility or provisional certification. Your request must include a description of the information in the cohort default rate data that you believe is incorrect and all supporting documentation that demonstrates the error. (2) Within 20 days after receiving your request for verification of data errors, the data manager must send you and us a response that— (i) Addresses each of your allegations of error; and (ii) Includes the documentation used to support the data manager's position. (3) Within 15 days after receiving a guaranty agency's notice that we hold an FFELP loan about which you are inquiring, you must send us your request for verification of that loan's data errors. Your request must include a description of the information in the cohort default rate data that you believe is incorrect and all supporting documentation that demonstrates the error. We respond to your request under paragraph (b)(2) of this section. (4) Within 15 days after receiving incomplete or illegible records or data, you must send a request for replacement records or clarification of data to the data manager and us. (5) Within 20 days after receiving your request for replacement records or clarification of data, the data manager m… | ||||
| 34:34:3.1.3.1.30.13.17.13 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.193 Loan servicing appeals. | ED | [65 FR 65638, Nov. 1, 2000, as amended at 67 FR 67075, Nov. 1, 2002; 74 FR 55651, Oct. 28, 2009] | (a) Eligibility. Except as provided in § 668.189(b), you may appeal, on the basis of improper loan servicing or collection, the calculation of— (1) Your most recent cohort default rate; or (2) Any cohort default rate upon which a loss of eligibility under § 668.187 is based. (b) Improper loan servicing. For the purposes of this section, a default is considered to have been due to improper loan servicing or collection only if the borrower did not make a payment on the loan and you prove that the FFEL Program lender or the Direct Loan Servicer, as defined in 34 CFR 685.102, failed to perform one or more of the following activities, if that activity applies to the loan: (1) Send at least one letter (other than the final demand letter) urging the borrower to make payments on the loan; (2) Attempt at least one phone call to the borrower; (3) Send a final demand letter to the borrower; (4) For a Direct Loan Program loan only, document that skip tracing was performed if the Direct Loan Servicer determined that it did not have the borrower's current address; and (5) For an FFELP loan only— (i) Submit a request for preclaims or default aversion assistance to the guaranty agency; and (ii) Submit a certification or other documentation that skip tracing was performed to the guaranty agency. (c) Deadlines for submitting an appeal. (1) If the loan record detail report was not included with your official cohort default rate notice, you must request it within 15 days after you receive the notice of your official cohort default rate. (2) You must send a request for loan servicing records to the relevant data manager, or data managers, and to us within 15 days after you receive your loan record detail report from us. If the data manager is a guaranty agency, your request must include a copy of the loan record detail report. (3) Within 20 days after receiving your request for loan servicing records, the data manager must— (i) Send you and us a list of the borrowers in your representative sample, as described in … | ||||
| 34:34:3.1.3.1.30.13.17.14 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.194 Economically disadvantaged appeals. | ED | (a) Eligibility. As described in this section, you may appeal a notice of a loss of eligibility under § 668.187 if an independent auditor's opinion certifies that your low income rate is two-thirds or more and— (1) You offer an associate, baccalaureate, graduate, or professional degree, and your completion rate is 70 percent or more; or (2) You do not offer an associate, baccalaureate, graduate, or professional degree, and your placement rate is 44 percent or more. (b) Low income rate. (1) Your low income rate is the percentage of your students, as described in paragraph (b)(2) of this section, who— (i) For an award year that overlaps the 12-month period selected under paragraph (b)(2) of this section, have an expected family contribution, as defined in 34 CFR 690.2, that is equal to or less than the largest expected family contribution that would allow a student to receive one-half of the maximum Federal Pell Grant award, regardless of the student's enrollment status or cost of attendance; or (ii) For a calendar year that overlaps the 12-month period selected under paragraph (b)(2) of this section, have an adjusted gross income that, when added to the adjusted gross income of the student's parents (if the student is a dependent student) or spouse (if the student is a married independent student), is less than the amount listed in the Department of Health and Human Services poverty guidelines for the size of the student's family unit. (2) The students who are used to determine your low income rate include only students who were enrolled on at least a half-time basis in an eligible program at your institution during any part of a 12-month period that ended during the 6 months immediately preceding the cohort's fiscal year. (c) Completion rate. (1) Your completion rate is the percentage of your students, as described in paragraph (c)(2) of this section, who— (i) Completed the educational programs in which they were enrolled; (ii) Transferred from your institution to a higher level educational program… | |||||
| 34:34:3.1.3.1.30.13.17.15 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.195 Participation rate index appeals. | ED | (a) Eligibility. (1) You may appeal a notice of a loss of eligibility under § 668.187(a)(1), based on one cohort default rate over 40 percent, if your participation rate index for that cohort's fiscal year is equal to or less than 0.06015. (2) You may appeal a notice of a loss of eligibility under § 668.187(a)(2), based on three cohort default rates of 25 percent or greater, if your participation rate index is equal to or less than 0.0375 for any of those three cohorts' fiscal years. (b) Calculating your participation rate index. (1) Except as provided in paragraph (b)(2) of this section, your participation rate index for a fiscal year is determined by multiplying your cohort default rate for that fiscal year by the percentage that is derived by dividing— (i) The number of students who received an FFELP or a Direct Loan Program loan to attend your institution during a period of enrollment, as defined in 34 CFR 682.200 or 685.102, that overlaps any part of a 12-month period that ended during the 6 months immediately preceding the cohort's fiscal year, by (ii) The number of regular students who were enrolled at your institution on at least a half-time basis during any part of the same 12-month period. (2) If your cohort default rate for a fiscal year is calculated as an average rate under § 668.183(d)(2), you may calculate your participation rate index for that fiscal year using either that average rate or the cohort default rate that would be calculated for the fiscal year alone using the method described in § 668.183(d)(1). (c) Deadline for submitting an appeal. You must send us your appeal under this section, including all supporting documentation, within 30 days after you receive the notice of your loss of eligibility. (d) Determination. (1) You do not lose eligibility under § 668.187 if we determine that you meet the requirements for a participation rate index appeal. (2) If we determine that your participation rate index for a fiscal year is equal to or less than 0.0375, under paragraph (d)(1)… | |||||
| 34:34:3.1.3.1.30.13.17.16 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.196 Average rates appeals. | ED | [65 FR 65638, Nov. 1, 2000, as amended at 74 FR 55651, Oct. 28, 2009] | (a) Eligibility. (1) You may appeal a notice of a loss of eligibility under § 668.187(a)(1), based on one cohort default rate over 40 percent, if that cohort default rate is calculated as an average rate under § 668.183(d)(2). (2) You may appeal a notice of a loss of eligibility under § 668.187(a)(2), based on three cohort default rates of 25 percent or greater, if at least two of those cohort default rates— (i) Are calculated as average rates under § 668.183(d)(2); and (ii) Would be less than 25 percent if calculated for the fiscal year alone using the method described in § 668.183(d)(1). (b) Deadline for submitting an appeal. (1) Before notifying you of your official cohort default rate, we make an initial determination about whether you qualify for an average rates appeal. If we determine that you qualify, we notify you of that determination at the same time that we notify you of your official cohort default rate. (2) If you disagree with our initial determination, you must send us your average rates appeal, including all supporting documentation, within 30 days after you receive the notice of your loss of eligibility. (c) Determination. You do not lose eligibility under § 668.187 if we determine that you meet the requirements for an average rates appeal. | ||||
| 34:34:3.1.3.1.30.13.17.17 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.197 Thirty-or-fewer borrowers appeals. | ED | (a) Eligibility. You may appeal a notice of a loss of eligibility under § 668.187 if 30 or fewer borrowers, in total, are included in the 3 most recent cohorts of borrowers used to calculate your cohort default rates. (b) Deadline for submitting an appeal. (1) Before notifying you of your official cohort default rate, we make an initial determination about whether you qualify for a thirty-or-fewer borrowers appeal. If we determine that you qualify, we notify you of that determination at the same time that we notify you of your official cohort default rate. (2) If you disagree with our initial determination, you must send us your thirty-or-fewer borrowers appeal, including all supporting documentation, within 30 days after you receive the notice of your loss of eligibility. (c) Determination. You do not lose eligibility under § 668.187 if we determine that you meet the requirements for a thirty-or-fewer borrowers appeal. | |||||
| 34:34:3.1.3.1.30.13.17.18 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.198 Severability. | ED | [84 FR 58933, Nov. 1, 2019] | If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the subpart or the application of its provisions to any person, act, or practice shall not be affected thereby. | ||||
| 34:34:3.1.3.1.30.13.17.2 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.182 Definitions of terms used in this subpart. | ED | We use the following definitions in this subpart: (a) Cohort. Your cohort is a group of borrowers used to determine your cohort default rate. The method for identifying the borrowers in a cohort is provided in § 668.183(b). (b) Data manager. (1) For FFELP loans held by a guaranty agency or lender, the guaranty agency is the data manager. (2) For FFELP loans that we hold, we are the data manager. (3) For Direct Loan Program loans, the Direct Loan Servicer, as defined in 34 CFR 685.102, is the data manager. (c) Days. In this subpart, “days” means calendar days. (d) Default. A borrower is considered to be in default for cohort default rate purposes under the rules in § 668.183(c). (e) Draft cohort default rate. Your draft cohort default rate is a rate we issue, for your review, before we issue your official cohort default rate. A draft cohort default rate is used only for the purposes described in § 668.185. (f) Entering repayment. (1) Except as provided in paragraphs (f)(2) and (f)(3) of this section, loans are considered to enter repayment on the dates described in 34 CFR 682.200 (under the definition of “repayment period”) and in 34 CFR 685.207. (2) A Federal SLS loan is considered to enter repayment— (i) At the same time the borrower's Federal Stafford loan enters repayment, if the borrower received the Federal SLS loan and the Federal Stafford loan during the same period of continuous enrollment; or (ii) In all other cases, on the day after the student ceases to be enrolled at an institution on at least a half-time basis in an educational program leading to a degree, certificate, or other recognized educational credential. (3) For the purposes of this subpart, a loan is considered to enter repayment on the date that a borrower repays it in full, if the loan is paid in full before the loan enters repayment under paragraphs (f)(1) or (f)(2) of this section. (g) Fiscal year. A fiscal year begins on October 1 and ends on the following September 30. A fiscal year is identified by the calen… | |||||
| 34:34:3.1.3.1.30.13.17.3 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.183 Calculating and applying cohort default rates. | ED | [65 FR 65638, Nov. 1, 2000, as amended at 67 FR 67075, Nov. 1, 2002; 73 FR 35494, June 23, 2008; 74 FR 55649, Oct. 28, 2009] | (a) General. This section describes the four steps that we follow to calculate and apply your cohort default rate for a fiscal year: (1) First, under paragraph (b) of this section, we identify the borrowers in your cohort for the fiscal year. If the total number of borrowers in that cohort is fewer than 30, we also identify the borrowers in your cohorts for the 2 most recent prior fiscal years. (2) Second, under paragraph (c) of this section, we identify the borrowers in the cohort (or cohorts) who are considered to be in default. If more than one cohort will be used to calculate your cohort default rate, we identify defaulted borrowers separately for each cohort. (3) Third, under paragraph (d) of this section, we calculate your cohort default rate. (4) Fourth, we apply your cohort default rate to all of your locations— (i) As you exist on the date you receive the notice of your official cohort default rate; and (ii) From the date on which you receive the notice of your official cohort default rate until you receive our notice that the cohort default rate no longer applies. (b) Identify the borrowers in a cohort. (1) Except as provided in paragraph (b)(3) of this section, your cohort for a fiscal year consists of all of your current and former students who, during that fiscal year, entered repayment on any Federal Stafford loan, Federal SLS loan, Direct Subsidized loan, or Direct Unsubsidized loan that they received to attend your institution, or on the portion of a loan made under the Federal Consolidation Loan Program or the Federal Direct Consolidation Loan Program (as defined in 34 CFR 685.102) that is used to repay those loans. (2) A borrower may be included in more than one of your cohorts and may be included in the cohorts of more than one institution in the same fiscal year. (3) A TEACH Grant that has been converted to a Federal Direct Unsubsidized Loan is not considered for the purpose of calculating and applying cohort default rates. (c) Identify the borrowers in a cohort who are in defau… | ||||
| 34:34:3.1.3.1.30.13.17.4 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.184 Determining cohort default rates for institutions that have undergone a change in status. | ED | [65 FR 65638, Nov. 1, 2000, as amended at 74 FR 55649, Oct. 28, 2009; 74 FR 55947, Oct. 29, 2009] | (a) General. (1) Except as provided under 34 CFR 600.32(d), if you undergo a change in status identified in this section, your cohort default rate is determined under this section. (2) In determining cohort default rates under this section, the date of a merger, acquisition, or other change in status is the date the change occurs. (3) A change in status may affect your eligibility to participate in Title IV, HEA programs under § 668.187 or § 668.188. (4) If another institution's cohort default rate is applicable to you under this section, you may challenge, request an adjustment, or submit an appeal for the cohort default rate under the same requirements that would be applicable to the other institution under §§ 668.185 and 668.189. (b) Acquisition or merger of institutions. If your institution acquires, or was created by the merger of, one or more institutions that participated independently in the Title IV, HEA programs immediately before the acquisition or merger— (1) For the cohort default rates published before the date of the acquisition or merger, your cohort default rates are the same as those of your predecessor that had the highest total number of borrowers entering repayment in the two most recent cohorts used to calculate those cohort default rates; and (2) Beginning with the first cohort default rate published after the date of the acquisition or merger, your cohort default rates are determined by including the applicable borrowers from each institution involved in the acquisition or merger in the calculation under § 668.183. (c) Acquisition of branches or locations. If you acquire a branch or a location from another institution participating in the Title IV, HEA programs— (1) The cohort default rates published for you before the date of the change apply to you and to the newly acquired branch or location; (2) Beginning with the first cohort default rate published after the date of the change, your cohort default rates for the next 3 fiscal years are determined by including the applica… | ||||
| 34:34:3.1.3.1.30.13.17.5 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.185 Draft cohort default rates and your ability to challenge before official cohort default rates are issued. | ED | [65 FR 65638, Nov. 1, 2000, as amended at 74 FR 55649, Oct. 28, 2009] | (a) General. (1) We notify you of your draft cohort default rate before your official cohort default rate is calculated. Our notice includes the loan record detail report for the draft cohort default rate. (2) Regardless of the number of borrowers included in your cohort, your draft cohort default rate is always calculated using data for that fiscal year alone, using the method described in § 668.183(d)(1). (3) Your draft cohort default rate and the loan record detail report are not considered public information and may not be otherwise voluntarily released to the public by a data manager. (4) Any challenge you submit under this section and any response provided by a data manager must be in a format acceptable to us. This acceptable format is described in the “Cohort Default Rate Guide” that we provide to you. If your challenge does not comply with the requirements in the “Cohort Default Rate Guide,” we may deny your challenge. (b) Incorrect data challenges. (1) You may challenge the accuracy of the data included on the loan record detail report by sending a challenge to the relevant data manager, or data managers, within 45 days after you receive the data. Your challenge must include— (i) A description of the information in the loan record detail report that you believe is incorrect; and (ii) Documentation that supports your contention that the data are incorrect. (2) Within 30 days after receiving your challenge, the data manager must send you and us a response that— (i) Addresses each of your allegations of error; and (ii) Includes the documentation that supports the data manager's position. (3) If your data manager concludes that draft data in the loan record detail report are incorrect, and we agree, we use the corrected data to calculate your cohort default rate. (4) If you fail to challenge the accuracy of data under this section, you cannot contest the accuracy of those data in an uncorrected data adjustment, under § 668.190, or in an erroneous data appeal, under § 668.192. (c) Participat… | ||||
| 34:34:3.1.3.1.30.13.17.6 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.186 Notice of your official cohort default rate. | ED | [74 FR 55649, Oct. 28, 2009] | (a) We electronically notify you of your cohort default rate after we calculate it, by sending you an eCDR notification package to the destination point you designate. After we send our notice to you, we publish a list of cohort default rates calculated under this subpart for all institutions. (b) If you have one or more borrowers entering repayment or are subject to sanctions, or if the Department believes you will have an official cohort default rate calculated as an average rate, you will receive a loan record detail report as part of your eCDR notification package. (c) You have five business days, from the transmission date for eCDR notification packages as posted on the Department's Web site, to report any problem with receipt of the electronic transmission of your eCDR notification package. (d) Except as provided in paragraph (e) of this section, timelines for submitting challenges, adjustments, and appeals begin on the sixth business day following the transmission date for eCDR notification packages that is posted on the Department's Web site. (e) If you timely report a problem with the receipt of the electronic transmission of your eCDR notification package under paragraph (c) of this section and the Department agrees that the problem with transmission was not caused by you, the Department will extend the challenge, appeal and adjustment deadlines and timeframes to account for a retransmission of your eCDR notification package after the technical problem is resolved. | ||||
| 34:34:3.1.3.1.30.13.17.7 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.187 Consequences of cohort default rates on your ability to participate in Title IV, HEA programs. | ED | [74 FR 55650, Oct. 28, 2009] | (a) End of participation. (1) Except as provided in paragraph (e) of this section, you lose your eligibility to participate in the FFEL and Direct Loan programs 30 days after you receive our notice that your most recent cohort default rate is greater than 40 percent. (2) Except as provided in paragraphs (d) and (e) of this section, you lose your eligibility to participate in the FFEL, Direct Loan, and Federal Pell Grant programs 30 days after you receive our notice that your three most recent cohort default rates are each 25 percent or greater. (b) Length of period of ineligibility. Your loss of eligibility under this section continues— (1) For the remainder of the fiscal year in which we notify you that you are subject to a loss of eligibility; and (2) For the next 2 fiscal years. (c) Using a cohort default rate more than once. The use of a cohort default rate as a basis for a loss of eligibility under this section does not preclude its use as a basis for— (1) Any concurrent or subsequent loss of eligibility under this section; or (2) Any other action by us. (d) Continuing participation in Pell. If you are subject to a loss of eligibility under paragraph (a)(2) of this section, based on three cohort default rates of 25 percent or greater, you may continue to participate in the Federal Pell Grant Program if we determine that you— (1) Were ineligible to participate in the FFEL and Direct Loan programs before October 7, 1998, and your eligibility was not reinstated; (2) Requested in writing, before October 7, 1998, to withdraw your participation in the FFEL and Direct Loan programs, and you were not later reinstated; or (3) Have not certified an FFELP loan or originated a Direct Loan Program loan on or after July 7, 1998. (e) Requests for adjustments and appeals. (1) A loss of eligibility under this section does not take effect while your request for adjustment or appeal, as listed in § 668.189(a), is pending, provided your request for adjustment or appeal is complete, timely, accurate, and in… | ||||
| 34:34:3.1.3.1.30.13.17.8 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.188 Preventing evasion of the consequences of cohort default rates. | ED | [65 FR 65638, Nov. 1, 2000, as amended at 74 FR 55650, Oct. 28, 2009; 84 FR 58933, Nov. 1, 2019] | (a) General. You are subject to a loss of eligibility that has already been imposed against another institution as a result of cohort default rates if— (1) You and the ineligible institution are both parties to a transaction that results in a change of ownership, a change in control, a merger, a consolidation, an acquisition, a change of name, a change of address, any change that results in a location becoming a freestanding institution, a purchase or sale, a transfer of assets, an assignment, a change of identification number, a contract for services, an addition or closure of one or more locations or branches or educational programs, or any other change in whole or in part in institutional structure or identity; (2) Following the change described in paragraph (a)(1) of this section, you offer an educational program at substantially the same address at which the ineligible institution had offered an educational program before the change; and (3) There is a commonality of ownership or management between you and the ineligible institution, as the ineligible institution existed before the change. (b) Commonality of ownership or management. For the purposes of this section, a commonality of ownership or management exists if, at each institution, the same person (as defined in 34 CFR 600.31) or members of that person's family, directly or indirectly— (1) Holds or held a managerial role; or (2) Has or had the ability to affect substantially the institution's actions, within the meaning of 34 CFR 600.21. (c) Teach-outs. Notwithstanding paragraph (b)(1) of this section, a commonality of management does not exist if you are conducting a teach-out under a teach-out agreement as defined in 34 CFR 600.2 and administered in accordance with 34 CFR 602.24(c), and— (1)(i) Within 60 days after the change described in this section, you send us the names of the managers for each facility undergoing the teach-out as it existed before the change and for each facility as it exists after you believe that the commonality … | ||||
| 34:34:3.1.3.1.30.13.17.9 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | M | Subpart M—Two Year Cohort Default Rates | § 668.189 General requirements for adjusting official cohort default rates and for appealing their consequences. | ED | (a) Remaining eligible. You do not lose eligibility under § 668.187 if— (1) We recalculate your cohort default rate, and it is below the percentage threshold for the loss of eligibility as the result of— (i) An uncorrected data adjustment submitted under this section and § 668.190; (ii) A new data adjustment submitted under this section and § 668.191; (iii) An erroneous data appeal submitted under this section and § 668.192; or (iv) A loan servicing appeal submitted under this section and § 668.193; or (2) You meet the requirements for— (i) An economically disadvantaged appeal submitted under this section and § 668.194; (ii) A participation rate index appeal submitted under this section and § 668.195; (iii) An average rates appeal submitted under this section and § 668.196; or (iv) A thirty-or-fewer borrowers appeal submitted under this section and § 668.197. (b) Limitations on your ability to dispute your cohort default rate. (1) You may not dispute the calculation of a cohort default rate except as described in this subpart. (2) You may not request an adjustment or appeal a cohort default rate, under § 668.190, § 668.191, § 668.192, or § 668.193, more than once. (3) You may not request an adjustment or appeal a cohort default rate, under § 668.190, § 668.191, § 668.192, or § 668.193, if you previously lost your eligibility to participate in a Title IV, HEA program, under § 668.187, based entirely or partially on that cohort default rate. (c) Content and format of requests for adjustments and appeals. We may deny your request for adjustment or appeal if it does not meet the following requirements: (1) All appeals, notices, requests, independent auditor's opinions, management's written assertions, and other correspondence that you are required to send under this subpart must be complete, timely, accurate, and in a format acceptable to us. This acceptable format is described in the “Cohort Default Rate Guide” that we provide to you. (2) Your completed request for adjustment or appeal must inc… | |||||
| 34:34:3.1.3.1.30.14.17.1 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.200 Purpose of this subpart. | ED | (a) General. Your cohort default rate is a measure we use to determine your eligibility to participate in various Title IV, HEA programs. We may also use it for determining your eligibility for exemptions, such as those for certain disbursement requirements under the FFEL and Direct Loan Programs. This subpart applies solely to cohorts, as defined in §§ 668.201(a) and 668.202(b), for fiscal years 2009 and later. For these cohorts, this subpart describes how cohort default rates are calculated, some of the consequences of cohort default rates, and how you may request changes to your cohort default rates or appeal their consequences. Under this subpart, you submit a “challenge” after you receive your draft cohort default rate, and you request an “adjustment” or “appeal” after your official cohort default rate is published. (b) Cohort Default Rates. Notwithstanding anything to the contrary in this subpart, we will issue annually two sets of draft and official cohort default rates for fiscal years 2009, 2010, and 2011. For each of these years, you will receive one set of draft and official cohort default rates under this subpart and another set of draft and official cohort default rates under subpart M of this part. | |||||
| 34:34:3.1.3.1.30.14.17.10 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.209 Uncorrected data adjustments. | ED | (a) Eligibility. You may request an uncorrected data adjustment for your most recent cohort of borrowers, used to calculate your most recent official cohort default rate, if in response to your challenge under § 668.204(b), a data manager agreed correctly to change the data, but the changes are not reflected in your official cohort default rate. (b) Deadlines for requesting an uncorrected data adjustment. You must send us a request for an uncorrected data adjustment, including all supporting documentation, within 30 days after you receive your loan record detail report from us. (c) Determination. We recalculate your cohort default rate, based on the corrected data, and electronically correct the rate that is publicly released if we determine that— (1) In response to your challenge under § 668.204(b), a data manager agreed to change the data; (2) The changes described in paragraph (c)(1) of this section are not reflected in your official cohort default rate; and (3) We agree that the data are incorrect. | |||||
| 34:34:3.1.3.1.30.14.17.11 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.210 New data adjustments. | ED | (a) Eligibility. You may request a new data adjustment for your most recent cohort of borrowers, used to calculate your most recent official cohort default rate, if— (1) A comparison of the loan record detail reports that we provide to you for the draft and official cohort default rates shows that the data have been newly included, excluded, or otherwise changed; and (2) You identify errors in the data described in paragraph (a)(1) of this section that are confirmed by the data manager. (b) Deadlines for requesting a new data adjustment. (1) You must send to the relevant data manager, or data managers, and us a request for a new data adjustment, including all supporting documentation, within 15 days after you receive your loan record detail report from us. (2) Within 20 days after receiving your request for a new data adjustment, the data manager must send you and us a response that— (i) Addresses each of your allegations of error; and (ii) Includes the documentation used to support the data manager's position. (3) Within 15 days after receiving a guaranty agency's notice that we hold an FFELP loan about which you are inquiring, you must send us your request for a new data adjustment for that loan. We respond to your request as set forth under paragraph (b)(2) of this section. (4) Within 15 days after receiving incomplete or illegible records or data from a data manager, you must send a request for replacement records or clarification of data to the data manager and us. (5) Within 20 days after receiving your request for replacement records or clarification of data, the data manager must— (i) Replace the missing or illegible records; (ii) Provide clarifying information; or (iii) Notify you and us that no clarifying information or additional or improved records are available. (6) You must send us your completed request for a new data adjustment, including all supporting documentation— (i) Within 30 days after you receive the final data manager's response to your request or requests; or (ii) If y… | |||||
| 34:34:3.1.3.1.30.14.17.12 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.211 Erroneous data appeals. | ED | (a) Eligibility. Except as provided in § 668.208(b), you may appeal the calculation of a cohort default rate upon which a loss of eligibility, under § 668.206, or provisional certification, under § 668.16(m), is based if— (1) You dispute the accuracy of data that you previously challenged on the basis of incorrect data, under § 668.204(b); or (2) A comparison of the loan record detail reports that we provide to you for the draft and official cohort default rates shows that the data have been newly included, excluded, or otherwise changed, and you dispute the accuracy of that data. (b) Deadlines for submitting an appeal. (1) You must send a request for verification of data errors to the relevant data manager, or data managers, and to us within 15 days after you receive the notice of your loss of eligibility or provisional certification. Your request must include a description of the information in the cohort default rate data that you believe is incorrect and all supporting documentation that demonstrates the error. (2) Within 20 days after receiving your request for verification of data errors, the data manager must send you and us a response that— (i) Addresses each of your allegations of error; and (ii) Includes the documentation used to support the data manager's position. (3) Within 15 days after receiving a guaranty agency's notice that we hold an FFELP loan about which you are inquiring, you must send us your request for verification of that loan's data errors. Your request must include a description of the information in the cohort default rate data that you believe is incorrect and all supporting documentation that demonstrates the error. We respond to your request as set forth under paragraph (b)(2) of this section. (4) Within 15 days after receiving incomplete or illegible records or data, you must send a request for replacement records or clarification of data to the data manager and us. (5) Within 20 days after receiving your request for replacement records or clarification of data, the d… | |||||
| 34:34:3.1.3.1.30.14.17.13 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.212 Loan servicing appeals. | ED | (a) Eligibility. Except as provided in § 668.208(b), you may appeal, on the basis of improper loan servicing or collection, the calculation of— (1) Your most recent cohort default rate; or (2) Any cohort default rate upon which a loss of eligibility under § 668.206 is based. (b) Improper loan servicing. For the purposes of this section, a default is considered to have been due to improper loan servicing or collection only if the borrower did not make a payment on the loan and you prove that the FFEL Program lender or the Direct Loan Servicer, as defined in 34 CFR 685.102, failed to perform one or more of the following activities, if that activity applies to the loan: (1) Send at least one letter (other than the final demand letter) urging the borrower to make payments on the loan. (2) Attempt at least one phone call to the borrower. (3) Send a final demand letter to the borrower. (4) For a Direct Loan Program loan only, document that skip tracing was performed if the Direct Loan Servicer determined that it did not have the borrower's current address. (5) For an FFELP loan only— (i) Submit a request for preclaims or default aversion assistance to the guaranty agency; and (ii) Submit a certification or other documentation that skip tracing was performed to the guaranty agency. (c) Deadlines for submitting an appeal. (1) If the loan record detail report was not included with your official cohort default rate notice, you must request it within 15 days after you receive the notice of your official cohort default rate. (2) You must send a request for loan servicing records to the relevant data manager, or data managers, and to us within 15 days after you receive your loan record detail report from us. If the data manager is a guaranty agency, your request must include a copy of the loan record detail report. (3) Within 20 days after receiving your request for loan servicing records, the data manager must— (i) Send you and us a list of the borrowers in your representative sample, as described in para… | |||||
| 34:34:3.1.3.1.30.14.17.14 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.213 Economically disadvantaged appeals. | ED | [74 FR 55651, Oct. 28, 2009, as amended at 76 FR 52272, Aug. 22, 2011] | (a) General. As provided in this section you may appeal— (1) A notice of a loss of eligibility under § 668.206; or (2) A notice of a second successive official cohort default rate calculated under this subpart that is equal to or greater than 30 percent but less than or equal to 40 percent, potentially subjecting you to provisional certification under § 668.16(m)(2)(i). (b) Eligibility. You may appeal under this section if an independent auditor's opinion certifies that your low income rate is two-thirds or more and— (1) You offer an associate, baccalaureate, graduate, or professional degree, and your completion rate is 70 percent or more; or (2) You do not offer an associate, baccalaureate, graduate, or professional degree, and your placement rate is 44 percent or more. (c) Low income rate. (1) Your low income rate is the percentage of your students, as described in paragraph (c)(2) of this section, who— (i) For an award year that overlaps the 12-month period selected under paragraph (c)(2) of this section, have an expected family contribution, as defined in 34 CFR 690.2, that is equal to or less than the largest expected family contribution that would allow a student to receive one-half of the maximum Federal Pell Grant award, regardless of the student's enrollment status or cost of attendance; or (ii) For a calendar year that overlaps the 12-month period selected under paragraph (c)(2) of this section, have an adjusted gross income that, when added to the adjusted gross income of the student's parents (if the student is a dependent student) or spouse (if the student is a married independent student), is less than the amount listed in the Department of Health and Human Services poverty guidelines for the size of the student's family unit. (2) The students who are used to determine your low income rate include only students who were enrolled on at least a half-time basis in an eligible program at your institution during any part of a 12-month period that ended during the 6 months immediately prece… | ||||
| 34:34:3.1.3.1.30.14.17.15 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.214 Participation rate index appeals. | ED | [74 FR 55651, Oct. 28, 2009, as amended at 78 FR 65804, Nov. 1, 2013; 80 FR 67236, Oct. 30, 2015] | (a) Eligibility. (1) You do not lose eligibility under § 668.206(a)(1), based on one cohort default rate over 40 percent, if you bring an appeal in accordance with this section that demonstrates that your participation rate index for that cohort's fiscal year is equal to or less than 0.0832. (2) Subject to § 668.208(b), you do not lose eligibility under § 668.206(a)(2) if you bring an appeal in accordance with this section that demonstrates that your participation rate index for any of the three most recent cohorts' fiscal years is equal to or less than 0.0625. (3) Subject to § 668.208(b), you are not placed on provisional certification under § 668.16(m)(2)(i) based on two cohort default rates that fail to satisfy the standard of administrative capability in § 668.16(m)(1)(ii) if you bring an appeal in accordance with this section that demonstrates that your participation rate index for either of those two cohorts' fiscal years is equal to or less than 0.0625. (b) Calculating your participation rate index. (1) Except as provided in paragraph (b)(2) of this section, your participation rate index for a fiscal year is determined by multiplying your cohort default rate for that fiscal year by the percentage that is derived by dividing— (i) The number of students who received an FFELP or a Direct Loan Program loan to attend your institution during a period of enrollment, as defined in 34 CFR 682.200 or 685.102, that overlaps any part of a 12-month period that ended during the 6 months immediately preceding the cohort's fiscal year, by (ii) The number of regular students who were enrolled at your institution on at least a half-time basis during any part of the same 12-month period. (2) If your cohort default rate for a fiscal year is calculated as an average rate under § 668.202(d)(2), you may calculate your participation rate index for that fiscal year using either that average rate or the cohort default rate that would be calculated for the fiscal year alone using the method described in § 668.202(d)(1). (… | ||||
| 34:34:3.1.3.1.30.14.17.16 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.215 Average rates appeals. | ED | (a) Eligibility. (1) You may appeal a notice of a loss of eligibility under § 668.206(a)(1), based on one cohort default rate over 40 percent, if that cohort default rate is calculated as an average rate under § 668.202(d)(2). (2) You may appeal a notice of a loss of eligibility under § 668.206(a)(2), based on three cohort default rates of 30 percent or greater, if at least two of those cohort default rates— (i) Are calculated as average rates under § 668.202(d)(2); and (ii) Would be less than 30 percent if calculated for the fiscal year alone using the method described in § 668.202(d)(1). (b) Deadline for submitting an appeal. (1) Before notifying you of your official cohort default rate, we make an initial determination about whether you qualify for an average rates appeal. If we determine that you qualify, we notify you of that determination at the same time that we notify you of your official cohort default rate. (2) If you disagree with our initial determination, you must send us your average rates appeal, including all supporting documentation, within 30 days after you receive the notice of your loss of eligibility. (c) Determination. You do not lose eligibility under § 668.206 if we determine that you meet the requirements for an average rates appeal. | |||||
| 34:34:3.1.3.1.30.14.17.17 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.216 Thirty-or-fewer borrowers appeals. | ED | (a) Eligibility. You may appeal a notice of a loss of eligibility under § 668.206 if 30 or fewer borrowers, in total, are included in the 3 most recent cohorts of borrowers used to calculate your cohort default rates. (b) Deadline for submitting an appeal. (1) Before notifying you of your official cohort default rate, we make an initial determination about whether you qualify for a thirty-or-fewer borrowers appeal. If we determine that you qualify, we notify you of that determination at the same time that we notify you of your official cohort default rate. (2) If you disagree with our initial determination, you must send us your thirty-or-fewer borrowers appeal, including all supporting documentation, within 30 days after you receive the notice of your loss of eligibility. (c) Determination. You do not lose eligibility under § 668.206 if we determine that you meet the requirements for a thirty-or-fewer borrowers appeal. | |||||
| 34:34:3.1.3.1.30.14.17.18 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.217 Default prevention plans. | ED | (a) First year. (1) If your cohort default rate is equal to or greater than 30 percent you must establish a default prevention task force that prepares a plan to— (i) Identify the factors causing your cohort default rate to exceed the threshold; (ii) Establish measurable objectives and the steps you will take to improve your cohort default rate; (iii) Specify the actions you will take to improve student loan repayment, including counseling students on repayment options; and (iv) Submit your default prevention plan to us. (2) We will review your default prevention plan and offer technical assistance intended to improve student loan repayment. (b) Second year. (1) If your cohort default rate is equal to or greater than 30 percent for two consecutive fiscal years, you must revise your default prevention plan and submit it to us for review. (2) We may require you to revise your default prevention plan or specify actions you need to take to improve student loan repayment. | |||||
| 34:34:3.1.3.1.30.14.17.2 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.201 Definitions of terms used in this subpart. | ED | We use the following definitions in this subpart: (a) Cohort. Your cohort is a group of borrowers used to determine your cohort default rate. The method for identifying the borrowers in a cohort is provided in § 668.202(b). (b) Data manager. (1) For FFELP loans held by a guaranty agency or lender, the guaranty agency is the data manager. (2) For FFELP loans that we hold, we are the data manager. (3) For Direct Loan Program loans, the Direct Loan Servicer, as defined in 34 CFR 685.102, is the data manager. (c) Days. In this subpart, “days” means calendar days. (d) Default. A borrower is considered to be in default for cohort default rate purposes under the rules in § 668.202(c). (e) Draft cohort default rate. Your draft cohort default rate is a rate we issue, for your review, before we issue your official cohort default rate. A draft cohort default rate is used only for the purposes described in § 668.204. (f) Entering repayment. (1) Except as provided in paragraphs (f)(2) and (f)(3) of this section, loans are considered to enter repayment on the dates described in 34 CFR 682.200 (under the definition of “repayment period”) and in 34 CFR 685.207. (2) A Federal SLS loan is considered to enter repayment— (i) At the same time the borrower's Federal Stafford loan enters repayment, if the borrower received the Federal SLS loan and the Federal Stafford loan during the same period of continuous enrollment; or (ii) In all other cases, on the day after the student ceases to be enrolled at an institution on at least a half-time basis in an educational program leading to a degree, certificate, or other recognized educational credential. (3) For the purposes of this subpart, a loan is considered to enter repayment on the date that a borrower repays it in full, if the loan is paid in full before the loan enters repayment under paragraphs (f)(1) or (f)(2) of this section. (g) Fiscal year. A fiscal year begins on October 1 and ends on the following September 30. A fiscal year is identified by the calen… | |||||
| 34:34:3.1.3.1.30.14.17.3 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.202 Calculating and applying cohort default rates. | ED | (a) General. This section describes the four steps that we follow to calculate and apply your cohort default rate for a fiscal year: (1) First, under paragraph (b) of this section, we identify the borrowers in your cohort for the fiscal year. If the total number of borrowers in that cohort is fewer than 30, we also identify the borrowers in your cohorts for the 2 most recent prior fiscal years. (2) Second, under paragraph (c) of this section, we identify the borrowers in the cohort (or cohorts) who are considered to be in default by the end of the second fiscal year following the fiscal year those borrowers entered repayment. If more than one cohort will be used to calculate your cohort default rate, we identify defaulted borrowers separately for each cohort. (3) Third, under paragraph (d) of this section, we calculate your cohort default rate. (4) Fourth, we apply your cohort default rate to all of your locations— (i) As you exist on the date you receive the notice of your official cohort default rate; and (ii) From the date on which you receive the notice of your official cohort default rate until you receive our notice that the cohort default rate no longer applies. (b) Identify the borrowers in a cohort. (1) Except as provided in paragraph (b)(3) of this section, your cohort for a fiscal year consists of all of your current and former students who, during that fiscal year, entered repayment on any Federal Stafford loan, Federal SLS loan, Direct Subsidized loan, or Direct Unsubsidized loan that they received to attend your institution, or on the portion of a loan made under the Federal Consolidation Loan Program or the Federal Direct Consolidation Loan Program (as defined in 34 CFR 685.102) that is used to repay those loans. (2) A borrower may be included in more than one of your cohorts and may be included in the cohorts of more than one institution in the same fiscal year. (3) A TEACH Grant that has been converted to a Federal Direct Unsubsidized Loan is not considered for the purpose of calcula… | |||||
| 34:34:3.1.3.1.30.14.17.4 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.203 Determining cohort default rates for institutions that have undergone a change in status. | ED | (a) General. (1) Except as provided under 34 CFR 600.32(d), if you undergo a change in status identified in this section, your cohort default rate is determined under this section. (2) In determining cohort default rates under this section, the date of a merger, acquisition, or other change in status is the date the change occurs. (3) A change in status may affect your eligibility to participate in Title IV, HEA programs under § 668.206 or § 668.207. (4) If another institution's cohort default rate is applicable to you under this section, you may challenge, request an adjustment, or submit an appeal for the cohort default rate under the same requirements that would be applicable to the other institution under §§ 668.204 and 668.208. (b) Acquisition or merger of institutions. If your institution acquires, or was created by the merger of, one or more institutions that participated independently in the Title IV, HEA programs immediately before the acquisition or merger— (1) For the cohort default rates published before the date of the acquisition or merger, your cohort default rates are the same as those of your predecessor that had the highest total number of borrowers entering repayment in the two most recent cohorts used to calculate those cohort default rates; and (2) Beginning with the first cohort default rate published after the date of the acquisition or merger, your cohort default rates are determined by including the applicable borrowers from each institution involved in the acquisition or merger in the calculation under § 668.202. (c) Acquisition of branches or locations. If you acquire a branch or a location from another institution participating in the Title IV, HEA programs— (1) The cohort default rates published for you before the date of the change apply to you and to the newly acquired branch or location; (2) Beginning with the first cohort default rate published after the date of the change, your cohort default rates for the next 3 fiscal years are determined by including the applica… | |||||
| 34:34:3.1.3.1.30.14.17.5 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.204 Draft cohort default rates and your ability to challenge before official cohort default rates are issued. | ED | [74 FR 55651, Oct. 28, 2009, as amended at 78 FR 65804, Nov. 1, 2013; 80 FR 67236, Oct. 30, 2015] | (a) General. (1) We notify you of your draft cohort default rate before your official cohort default rate is calculated. Our notice includes the loan record detail report for the draft cohort default rate. (2) Regardless of the number of borrowers included in your cohort, your draft cohort default rate is always calculated using data for that fiscal year alone, using the method described in § 668.202(d)(1). (3) Your draft cohort default rate and the loan record detail report are not considered public information and may not be otherwise voluntarily released to the public by a data manager. (4) Any challenge you submit under this section and any response provided by a data manager must be in a format acceptable to us. This acceptable format is described in the “Cohort Default Rate Guide” that we provide to you. If your challenge does not comply with the requirements in the “Cohort Default Rate Guide,” we may deny your challenge. (b) Incorrect data challenges. (1) You may challenge the accuracy of the data included on the loan record detail report by sending a challenge to the relevant data manager, or data managers, within 45 days after you receive the data. Your challenge must include— (i) A description of the information in the loan record detail report that you believe is incorrect; and (ii) Documentation that supports your contention that the data are incorrect. (2) Within 30 days after receiving your challenge, the data manager must send you and us a response that— (i) Addresses each of your allegations of error; and (ii) Includes the documentation that supports the data manager's position. (3) If your data manager concludes that draft data in the loan record detail report are incorrect, and we agree, we use the corrected data to calculate your cohort default rate. (4) If you fail to challenge the accuracy of data under this section, you cannot contest the accuracy of those data in an uncorrected data adjustment, under § 668.209, or in an erroneous data appeal, under § 668.211. (c) Participat… | ||||
| 34:34:3.1.3.1.30.14.17.6 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.205 Notice of your official cohort default rate. | ED | (a) We electronically notify you of your cohort default rate after we calculate it, by sending you an eCDR notification package to the destination point you designate. After we send our notice to you, we publish a list of cohort default rates for all institutions. (b) If you had one or more borrowers entering repayment in the fiscal year for which the rate is calculated, or are subject to sanctions, or if the Department believes you will have an official cohort default rate calculated as an average rate, you will receive a loan record detail report as part of your eCDR notification package. (c) You have five business days, from the transmission date for eCDR notification packages as posted on the Department's Web site, to report any problem with receipt of the electronic transmission of your eCDR notification package. (d) Except as provided in paragraph (e) of this section, timelines for submitting challenges, adjustments, and appeals begin on the sixth business day following the transmission date for eCDR notification packages that is posted on the Department's Web site. (e) If you timely report a problem with transmission of your eCDR notification package under paragraph (c) of this section and the Department agrees that the problem with transmission was not caused by you, the Department will extend the challenge, appeal and adjustment deadlines and timeframes to account for a retransmission of your eCDR notification package after the technical problem is resolved. | |||||
| 34:34:3.1.3.1.30.14.17.7 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.206 Consequences of cohort default rates on your ability to participate in Title IV, HEA programs. | ED | (a) End of participation. (1) Except as provided in paragraph (e) of this section, you lose your eligibility to participate in the FFEL and Direct Loan programs 30 days after you receive our notice that your most recent cohort default rate for fiscal year 2011 or later is greater than 40 percent. (2) Except as provided in paragraphs (d) and (e) of this section, you lose your eligibility to participate in the FFEL, Direct Loan, and Federal Pell Grant programs 30 days after you receive our notice that your three most recent cohort default rates are each 30 percent or greater. (b) Length of period of ineligibility. Your loss of eligibility under this section continues— (1) For the remainder of the fiscal year in which we notify you that you are subject to a loss of eligibility; and (2) For the next 2 fiscal years. (c) Using a cohort default rate more than once. The use of a cohort default rate as a basis for a loss of eligibility under this section does not preclude its use as a basis for— (1) Any concurrent or subsequent loss of eligibility under this section; or (2) Any other action by us. (d) Continuing participation in Pell. If you are subject to a loss of eligibility under paragraph (a)(2) of this section, based on three cohort default rates of 30 percent or greater, you may continue to participate in the Federal Pell Grant Program if we determine that you— (1) Were ineligible to participate in the FFEL and Direct Loan programs before October 7, 1998, and your eligibility was not reinstated; (2) Requested in writing, before October 7, 1998, to withdraw your participation in the FFEL and Direct Loan programs, and you were not later reinstated; or (3) Have not certified an FFELP loan or originated a Direct Loan Program loan on or after July 7, 1998. (e) Requests for adjustments and appeals. (1) A loss of eligibility under this section does not take effect while your request for adjustment or appeal, as listed in § 668.208(a), is pending, provided your request for adjustment or appeal is comp… | |||||
| 34:34:3.1.3.1.30.14.17.8 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.207 Preventing evasion of the consequences of cohort default rates. | ED | (a) General. You are subject to a loss of eligibility that has already been imposed against another institution as a result of cohort default rates if— (1) You and the ineligible institution are both parties to a transaction that results in a change of ownership, a change in control, a merger, a consolidation, an acquisition, a change of name, a change of address, any change that results in a location becoming a freestanding institution, a purchase or sale, a transfer of assets, an assignment, a change of identification number, a contract for services, an addition or closure of one or more locations or branches or educational programs, or any other change in whole or in part in institutional structure or identity; (2) Following the change described in paragraph (a)(1) of this section, you offer an educational program at substantially the same address at which the ineligible institution had offered an educational program before the change; and (3) There is a commonality of ownership or management between you and the ineligible institution, as the ineligible institution existed before the change. (b) Commonality of ownership or management. For the purposes of this section, a commonality of ownership or management exists if, at each institution, the same person (as defined in 34 CFR 600.31) or members of that person's family, directly or indirectly— (1) Holds or held a managerial role; or (2) Has or had the ability to affect substantially the institution's actions, within the meaning of 34 CFR 600.21. (c) Teach-outs. Notwithstanding paragraph (b)(1) of this section, a commonality of management does not exist if you are conducting a teach-out under a teach-out agreement as defined in 34 CFR 602.3 and administered in accordance with 34 CFR 602.24(c), and— (1)(i) Within 60 days after the change described in this section, you send us the names of the managers for each facility undergoing the teach-out as it existed before the change and for each facility as it exists after you believe that the commonality … | |||||
| 34:34:3.1.3.1.30.14.17.9 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | N | Subpart N—Cohort Default Rates | § 668.208 General requirements for adjusting official cohort default rates and for appealing their consequences. | ED | [74 FR 55651, Oct. 28, 2009, as amended at 80 FR 67236, Oct. 30, 2015] | (a) Remaining eligible. You do not lose eligibility under § 668.206 if— (1) We recalculate your cohort default rate, and it is below the percentage threshold for the loss of eligibility as the result of— (i) An uncorrected data adjustment submitted under this section and § 668.209; (ii) A new data adjustment submitted under this section and § 668.210; (iii) An erroneous data appeal submitted under this section and § 668.211; or (iv) A loan servicing appeal submitted under this section and § 668.212; or (2) You meet the requirements for— (i) An economically disadvantaged appeal submitted under this section and § 668.213; (ii) A participation rate index challenge or appeal submitted under this section and § 668.204 or § 668.214; (iii) An average rates appeal submitted under this section and § 668.215; or (iv) A thirty-or-fewer borrowers appeal submitted under this section and § 668.216. (b) Limitations on your ability to dispute your cohort default rate. (1) You may not dispute the calculation of a cohort default rate except as described in this subpart or in § 668.16(m)(2). (2) You may not challenge, request an adjustment to, or appeal a draft or official cohort default rate, under § 668.204, § 668.209, § 668.210, § 668.211, § 668.212, or § 668.214, more than once on that cohort default rate. (3) You may not challenge, request an adjustment to, or appeal a draft or official cohort default rate, under § 668.204, § 668.209, § 668.210, § 668.211, § 668.212, or § 668.214, if you previously lost your eligibility to participate in a Title IV, HEA program, under § 668.206, or were placed on provisional certification under § 668.16(m)(2)(i), based entirely or partially on that cohort default rate. (c) Content and format of requests for adjustments and appeals. We may deny your request for adjustment or appeal if it does not meet the following requirements: (1) All appeals, notices, requests, independent auditor's opinions, management's written assertions, and other correspondence that you are required… | ||||
| 34:34:3.1.3.1.30.15.17.1 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | O | Subpart O—Financial Assistance for Students With Intellectual Disabilities | § 668.230 Scope and purpose. | ED | This subpart establishes regulations that apply to an institution that offers comprehensive transition and postsecondary programs to students with intellectual disabilities. Students enrolled in these programs are eligible for Federal financial assistance under the Federal Pell Grant, FSEOG, and FWS programs. Except for provisions related to needs analysis, the Secretary may waive any Title IV, HEA program requirement related to the Federal Pell Grant, FSEOG, and FWS programs or institutional eligibility, to ensure that students with intellectual disabilities remain eligible for funds under these assistance programs. However, unless provided in this subpart or subsequently waived by the Secretary, students with intellectual disabilities and institutions that offer comprehensive transition and postsecondary programs are subject to the same regulations and procedures that otherwise apply to Title IV, HEA program participants. | |||||
| 34:34:3.1.3.1.30.15.17.2 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | O | Subpart O—Financial Assistance for Students With Intellectual Disabilities | § 668.231 Definitions. | ED | [74 FR 55947, Oct. 29, 2009, as amended at 82 FR 31913, July 11, 2017] | The following definitions apply to this subpart: (a) Comprehensive transition and postsecondary program means a degree, certificate, nondegree, or noncertificate program that— (1) Is offered by a participating institution; (2) Is delivered to students physically attending the institution; (3) Is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education in order to prepare for gainful employment; (4) Includes an advising and curriculum structure; (5) Requires students with intellectual disabilities to have at least one-half of their participation in the program, as determined by the institution, focus on academic components through one or more of the following activities: (i) Taking credit-bearing courses with students without disabilities. (ii) Auditing or otherwise participating in courses with students without disabilities for which the student does not receive regular academic credit. (iii) Taking non-credit-bearing, nondegree courses with students without disabilities. (iv) Participating in internships or work-based training in settings with individuals without disabilities; and (6) Provides students with intellectual disabilities opportunities to participate in coursework and other activities with students without disabilities. (b) Student with an intellectual disability means a student— (1) With a cognitive impairment characterized by significant limitations in— (i) Intellectual and cognitive functioning; and (ii) Adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and (2) Who is currently, or was formerly, eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1401), including a student who was determined eligible for special education or related services under the IDEA but was home-schooled or attended private school. | ||||
| 34:34:3.1.3.1.30.15.17.3 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | O | Subpart O—Financial Assistance for Students With Intellectual Disabilities | § 668.232 Program eligibility. | ED | An institution that offers a comprehensive transition and postsecondary program must apply to the Secretary to have the program determined to be an eligible program. The institution applies under the provisions in 34 CFR 600.20 for adding an educational program, and must include in its application— (a) A detailed description of the comprehensive transition and postsecondary program that addresses all of the components of the program, as defined in § 668.231; (b) The institution's policy for determining whether a student enrolled in the program is making satisfactory academic progress; (c) The number of weeks of instructional time and the number of semester or quarter credit hours or clock hours in the program, including the equivalent credit or clock hours associated with noncredit or reduced credit courses or activities; (d) A description of the educational credential offered ( e.g., degree or certificate) or identified outcome or outcomes established by the institution for all students enrolled in the program; (e) A copy of the letter or notice sent to the institution's accrediting agency informing the agency of its comprehensive transition and postsecondary program. The letter or notice must include a description of the items in paragraphs (a) through (d) of this section; and (f) Any other information the Secretary may require. | |||||
| 34:34:3.1.3.1.30.15.17.4 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | O | Subpart O—Financial Assistance for Students With Intellectual Disabilities | § 668.233 Student eligibility. | ED | A student with an intellectual disability is eligible to receive Federal Pell, FSEOG, and FWS program assistance under this subpart if— (a) The student satisfies the general student eligibility requirements under § 668.32, except for the requirements in paragraphs (a), (e), and (f) of that section. With regard to these exceptions, a student— (1) Does not have to be enrolled for the purpose of obtaining a degree or certificate; (2) Is not required to have a high school diploma, a recognized equivalent of a high school diploma, or have passed an ability to benefit test; and (3) Is making satisfactory progress according to the institution's published standards for students enrolled in its comprehensive transition and postsecondary programs; (b) The student is enrolled in a comprehensive transition and postsecondary program approved by the Secretary; and (c) The institution obtains a record from a local educational agency that the student is or was eligible for special education and related services under the IDEA. If that record does not identify the student as having an intellectual disability, as described in paragraph (1) of the definition of a student with an intellectual disability in § 668.231, the institution must also obtain documentation establishing that the student has an intellectual disability, such as— (1) A documented comprehensive and individualized psycho-educational evaluation and diagnosis of an intellectual disability by a psychologist or other qualified professional; or (2) A record of the disability from a local or State educational agency, or government agency, such as the Social Security Administration or a vocational rehabilitation agency, that identifies the intellectual disability. | |||||
| 34:34:3.1.3.1.30.16.17.1 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | P | Subpart P—Prison Education Programs | § 668.234 Scope and purpose. | ED | This subpart establishes regulations that apply to an institution that offers prison education programs to confined or incarcerated individuals. A confined or incarcerated individual enrolled in an eligible prison education program is eligible for Federal financial assistance under the Federal Pell Grant program. Unless provided in this subpart, confined or incarcerated individuals and institutions that offer prison education programs are subject to the same regulations and procedures that otherwise apply to title IV, HEA program participants. | |||||
| 34:34:3.1.3.1.30.16.17.2 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | P | Subpart P—Prison Education Programs | § 668.235 Definitions. | ED | The following definitions apply to this subpart: Additional location has the meaning given in 34 CFR 600.2. Advisory committee is a group established by the oversight entity that provides nonbinding feedback to the oversight entity regarding the approval and operation of a prison education program within the oversight entity's jurisdiction. Confined or incarcerated individual has the meaning given in 34 CFR 600.2. Feedback process is the process developed by the oversight entity to gather nonbinding input from relevant stakeholders regarding the approval and operation of a prison education program within the oversight entity's jurisdiction. A feedback process may include an advisory committee. Oversight entity means— (1) The appropriate State department of corrections or other entity that is responsible for overseeing correctional facilities; or (2) The Federal Bureau of Prisons. Relevant stakeholders are individuals and organizations that provide input as part of a feedback process to the oversight entity regarding the approval and operation of a prison education program within the oversight entity's jurisdiction. These stakeholders must include representatives of confined or incarcerated individuals, organizations representing confined or incarcerated individuals, State higher education executive offices, and accrediting agencies and may include additional stakeholders as determined by the oversight entity. | |||||
| 34:34:3.1.3.1.30.16.17.3 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | P | Subpart P—Prison Education Programs | § 668.236 Eligible prison education program. | ED | (a) An eligible prison education program means an education or training program that— (1) Is an eligible program under § 668.8 offered by an institution of higher education as defined in 34 CFR 600.4, or a postsecondary vocational institution as defined in 34 CFR 600.6; (2) Is offered by an eligible institution that has been approved to operate in a correctional facility by the oversight entity; (3) After an initial two-year approval, is determined by the oversight entity to be operating in the best interest of students as described in § 668.241; (4) Offers transferability of credits to at least one institution of higher education (as defined in 34 CFR 600.4 and 600.6) in the State where the correctional facility is located, or, in the case of a Federal correctional facility, in the State where most of the individuals confined or incarcerated individuals in such facility will reside upon release as determined by the institution based on information provided by the oversight entity; (5) Is offered by an institution that has not been subject, during the five years preceding the date of the determination, to— (i) Any suspension, emergency action, or termination of programs under this title; (ii) Any final accrediting action that is an adverse action as defined in 34 CFR 602.3 by the institution's accrediting agency; or (iii) Any action by the State to revoke a license or other authority to operate; (6) Subject to paragraph (b) of this section, is offered by an institution that is not subject to a current initiated adverse action; (7) Satisfies any applicable educational requirements for professional licensure or certification, including any requirements to sit for licensure or certification examinations needed to practice or obtain employment in the sectors or occupations for which the program prepares the individual, in the State where the correctional facility is located or, in the case of a Federal correctional facility, in the State where most of the individuals confined or incarcerated individuals i… | |||||
| 34:34:3.1.3.1.30.16.17.4 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | P | Subpart P—Prison Education Programs | § 668.237 Accreditation requirements. | ED | [87 FR 66426, Oct. 28, 2022, as amended at 88 FR 18255, Mar. 28, 2023] | (a) To be an eligible program under § 668.236, a prison education program must meet the requirements of the institution's accrediting agency or State approval agency. (b) In order for any prison education program to qualify as an eligible program, the accrediting agency must have— (1) Evaluated at least the first prison education program at the first two additional locations to ensure the institution's ability to offer and implement the program and that the program meets the agency's accreditation standards, and included it in the institution's grant of accreditation or pre-accreditation; (2) Evaluated the first additional prison education program offered by a new method of delivery to ensure the institution's ability to offer and implement the program and that the program meets the agency's standards, and included it in the institution's grant of accreditation or pre-accreditation; (3) Performed a site visit as soon as practicable but no later than one year after initiating the prison education program at the first two additional locations; and (4) If the requirements under § 668.236(a)(3) are satisfied, reviewed and approved the methodology for how the institution, in collaboration with the oversight entity, made the determination that the prison education program meets the same standards as substantially similar programs that are not prison education programs at the institution. | ||||
| 34:34:3.1.3.1.30.16.17.5 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | P | Subpart P—Prison Education Programs | § 668.238 Application requirements. | ED | (a) An institution that seeks to offer a prison education program must apply to the Secretary to have its first prison education program at the first two additional locations determined to be eligible programs for title IV, HEA program purposes. Following the Secretary's initial approval of an institution's prison education program, additional prison education programs offered by the same postsecondary institution at the same location may be determined eligible without further approvals from the Secretary except as required by 34 CFR 600.7, 600.10, 600.20(c)(1), or 600.21(a), as applicable, if such programs are consistent with the institution's accreditation or its State approval agency requirements. (b) The institution's prison education program application must provide information satisfactory to the Secretary that includes— (1) A description of the educational program, including the educational credential offered (degree level or certificate) and the field of study; (2) Documentation from the institution's accrediting agency or State approval agency indicating that the agency has evaluated the prison education program and has included the program in the institution's grant of accreditation and approval documentation from the accrediting agency or State approval agency; (3) The name of the correctional facility and documentation from the oversight entity that the prison education program has been approved to operate in the correctional facility; (4) Documentation detailing the methodology, including thresholds, benchmarks, standards, metrics, data, and other information, the oversight entity used in approving the prison education program and how all the information was collected; (5) Information about the types of services offered to admitted students, including orientation, tutoring, and academic and reentry counseling. If reentry counseling is provided by a community-based organization that has partnered with the eligible prison education program, institution, or correctional facility to provide reentry… | |||||
| 34:34:3.1.3.1.30.16.17.6 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | P | Subpart P—Prison Education Programs | § 668.239 Reporting requirements. | ED | (a) An institution must submit reports, in accordance with deadlines established and published by the Secretary in the Federal Register . (b) The institution reports such information as the Secretary requires, in compliance with procedures the Secretary describes. (c) The institution reports information about transfer and release dates of confined or incarcerated individuals, as required by the Secretary, through an agreement with the oversight entity. | |||||
| 34:34:3.1.3.1.30.16.17.7 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | P | Subpart P—Prison Education Programs | § 668.240 Limitation or termination of approval. | ED | (a) The Secretary may limit or terminate or otherwise end the approval of an institution to provide an eligible prison education program if the Secretary determines that the institution violated any terms of this subpart or that the institution submitted materially inaccurate information to the Secretary, accrediting agency, State agency, or oversight entity. (b) If the Secretary initiates action limiting or terminating an institution's approval to operate an eligible prison education program, the institution must submit a teach-out plan and, if practicable, a teach-out agreements (as defined in 34 CFR 600.2) to its accrediting agency upon occurrence of the event. | |||||
| 34:34:3.1.3.1.30.16.17.8 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | P | Subpart P—Prison Education Programs | § 668.241 Best interest determination. | ED | (a) An oversight entity's determination that a prison education program is operating in the best interest of students— (1) Must include an assessment of— (i) Whether the experience, credentials, and rates of turnover or departure of instructors for the prison education program are substantially similar to other programs at the institution, accounting for the unique geographic and other constraints of prison education programs; (ii) Whether the transferability of credits for courses available to confined or incarcerated individuals and the applicability of such credits toward related degree or certificate programs is substantially similar to those at other similar programs at the institution, accounting for the unique geographic and other constraints of prison education programs; (iii) Whether the prison education program's offering of relevant academic and career advising services to participating confined or incarcerated individuals, while they are confined or incarcerated, in advance of reentry, and upon release, is substantially similar to offerings to a student who is not a confined or incarcerated individual and who is enrolled in, and may be preparing to transfer from, the same institution, accounting for the unique geographic and other constraints of prison education programs; and (iv) Whether the institution ensures that all formerly confined or incarcerated individuals are able to fully transfer their credits and continue their programs at any location of the institution that offers a comparable program, including by the same mode of instruction; and (2) May include an assessment of— (i) Whether the rates of recidivism, which do not include any recidivism by the student after a reasonable number of years of release and which only include new felony convictions, defined as each sentence of imprisonment exceeding one year and one month ( see United States Sentencing Guideline section 4A1.1(a)), meet thresholds set by the oversight entity; (ii) Whether the rates of completion reported by the Depart… | |||||
| 34:34:3.1.3.1.30.16.17.9 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | P | Subpart P—Prison Education Programs | § 668.242 Transition to a prison education program. | ED | For institutions operating eligible prison education programs in a correctional facility that is not a Federal or State penal institution: (a) A confined or incarcerated individual who otherwise meets the eligibility requirements to receive a Federal Pell Grant and is enrolled in an eligible program that does not meet the requirements under subpart P of this part may continue to receive a Federal Pell Grant until the earlier of— (1) July 1, 2029; (2) The student reaches the maximum timeframe for program completion under § 668.34; or (3) The student has exhausted Pell Grant eligibility under 34 CFR 690.6(e). (b) An institution is not permitted to enroll a confined or incarcerated individual on or after July 1, 2023, who was not enrolled in an eligible program prior to July 1, 2023, unless the institution first converts the eligible program into an eligible prison education program as defined in § 668.236. | |||||
| 34:34:3.1.3.1.30.17.17.1 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | Q | Subpart Q—Financial Value Transparency | § 668.401 Financial value transparency scope and purpose. | ED | (a) General. Except as provided under paragraph (b) of this section, this subpart applies to a GE program or eligible non-GE program offered by an eligible institution, and establishes the rules and procedures under which— (1) An institution reports information about the program to the Secretary; and (2) Except as provided in paragraph (b)(1) of this section, the Secretary assesses the program's debt and earnings outcomes. (b) Applicability. (1) This subpart does not apply to institutions located in U.S. Territories or freely associated states, except that such institutions are subject to the reporting requirements in § 668.408 and the Secretary will follow the procedures in §§ 668.403(b) and (d) and 668.405(b) and (c) to calculate median debt and obtain earnings information for their GE programs and eligible non-GE programs. (2) For each award year that the Secretary calculates D/E rates or the earnings premium measure under § 668.402, this subpart does not apply to an institution if, over the most recently completed four award years, it offered no groups of substantially similar programs, defined as all programs in the same four-digit CIP code at an institution, with 30 or more completers. | |||||
| 34:34:3.1.3.1.30.17.17.2 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | Q | Subpart Q—Financial Value Transparency | § 668.402 Financial value transparency framework. | ED | (a) General. The Secretary assesses the program's debt and earnings outcomes using debt-to-earnings rates (D/E rates) and an earnings premium measure. (b) Debt-to-earnings rates. The Secretary calculates for each award year two D/E rates for an eligible program, the discretionary debt-to-earnings rate, and the annual debt-to-earnings rate, using the procedures in §§ 668.403 and 668.405. (c) Outcomes of the D/E rates. (1) A program passes the D/E rates if— (i) Its discretionary debt-to-earnings rate is less than or equal to 20 percent; (ii) Its annual debt-to-earnings rate is less than or equal to 8 percent; or (iii) The denominator (median annual or discretionary earnings) of either rate is zero and the numerator (median debt payments) is zero. (2) A program fails the D/E rates if— (i) Its discretionary debt-to-earnings rate is greater than 20 percent or the income for the denominator of the rate (median discretionary earnings) is negative or zero and the numerator (median debt payments) is positive; and (ii) Its annual debt-to-earnings rate is greater than 8 percent or the denominator of the rate (median annual earnings) is zero and the numerator (median debt payments) is positive. (d) Earnings premium measure. For each award year, the Secretary calculates the earnings premium measure for an eligible program, using the procedures in §§ 668.404 and 668.405. (e) Outcomes of the earnings premium measure. (1) A program passes the earnings premium measure if the median annual earnings of the students who completed the program exceed the earnings threshold. (2) A program fails the earnings premium measure if the median annual earnings of the students who completed the program are equal to or less than the earnings threshold. | |||||
| 34:34:3.1.3.1.30.17.17.3 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | Q | Subpart Q—Financial Value Transparency | § 668.403 Calculating D/E rates. | ED | (a) General. Except as provided under paragraph (f) of this section, for each award year, the Secretary calculates D/E rates for a program as follows: (1) Discretionary debt-to-earnings rate = annual loan payment/(the median annual earnings—(1.5 x Poverty Guideline)). For the purposes of this paragraph (a)(1), the Secretary applies the Poverty Guideline for the most recent calendar year for which annual earnings are obtained under paragraph (c) of this section. (2) Annual debt-to-earnings rate = annual loan payment/the median annual earnings. (b) Annual loan payment. The Secretary calculates the annual loan payment for a program by— (1)(i) Determining the median loan debt of the students who completed the program during the cohort period, based on the lesser of the loan debt incurred by each student as determined under paragraph (d) of this section or the total amount for tuition and fees and books, equipment, and supplies for each student, less the amount of institutional grant or scholarship funds provided to that student; (ii) Removing, if applicable, the appropriate number of largest loan debts as described in § 668.405(d)(2); and (iii) Calculating the median of the remaining amounts; and (2) Amortizing the median loan debt— (i)(A) Over a 10-year repayment period for a program that leads to an undergraduate certificate, a post-baccalaureate certificate, an associate degree, or a graduate certificate; (B) Over a 15-year repayment period for a program that leads to a bachelor's degree or a master's degree; or (C) Over a 20-year repayment period for any other program; and (ii) Using an annual interest rate that is the average of the annual statutory interest rates on Federal Direct Unsubsidized Loans that were in effect during— (A) The three consecutive award years, ending in the final year of the cohort period, for undergraduate certificate programs, post-baccalaureate certificate programs, and associate degree programs. For these programs, the Secretary uses the Federal Direct Unsubsidized Loan… | |||||
| 34:34:3.1.3.1.30.17.17.4 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | Q | Subpart Q—Financial Value Transparency | § 668.404 Calculating earnings premium measure. | ED | (a) General. Except as provided under paragraph (d) of this section, for each award year, the Secretary calculates the earnings premium measure for a program by determining whether the median annual earnings of the students who completed the program exceed the earnings threshold. (b) Median annual earnings; earnings threshold. (1) The Secretary obtains from a Federal agency with earnings data, under § 668.405, the most currently available median annual earnings of the students who completed the program during the cohort period and who are not excluded under paragraph (c) of this section; and (2) The Secretary uses the median annual earnings of students with a high school diploma or GED using data from the Census Bureau to calculate the earnings threshold described in § 668.2. (3) The Secretary determines the earnings thresholds and publishes the thresholds annually through a notice in the Federal Register . (c) Exclusions. The Secretary excludes a student from the earnings premium measure calculation if the Secretary determines that— (1) One or more of the student's Direct Loan Program loans are under consideration by the Secretary, or have been approved, for a discharge on the basis of the student's total and permanent disability, under 34 CFR 674.61, 682.402, or 685.212; (2) The student was enrolled full-time in any other eligible program at the institution or at another institution during the calendar year for which the Secretary obtains earnings information under paragraph (b)(1) of this section; (3) For undergraduate programs, the student completed a higher credentialed undergraduate program at the institution subsequent to completing the program as of the end of the most recently completed award year prior to the calculation of the earnings premium measure under this section; (4) For graduate programs, the student completed a higher credentialed graduate program at the institution subsequent to completing the program as of the end of the most recently completed award year prior to the calcula… | |||||
| 34:34:3.1.3.1.30.17.17.5 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | Q | Subpart Q—Financial Value Transparency | § 668.405 Process for obtaining data and calculating D/E rates and earnings premium measure. | ED | (a) Administrative data. In calculating the D/E rates and earnings premium measure for a program, the Secretary uses student enrollment, disbursement, and program data, or other data the institution is required to report to the Secretary to support its administration of, or participation in, the title IV, HEA programs. In accordance with procedures established by the Secretary, the institution must update or otherwise correct any reported data no later than 60 days after the end of an award year. (b) Process overview. The Secretary uses the administrative data to— (1) Compile a list of students who completed each program during the cohort period. The Secretary— (i) Removes from those lists students who are excluded under § 668.403(e) or § 668.404(c); (ii) Provides the list to institutions; and (iii) Allows the institution to correct the information reported by the institution on which the list was based, no later than 60 days after the date the Secretary provides the list to the institution; (2) Obtain from a Federal agency with earnings data the median annual earnings of the students on each list, as provided in paragraph (c) of this section; and (3) Calculate the D/E rates and the earnings premium measure and provide them to the institution. (c) Obtaining earnings data. For each list submitted to the Federal agency with earnings data, the agency returns to the Secretary— (1) The median annual earnings of the students on the list whom the Federal agency with earnings data has matched to earnings data, in aggregate and not in individual form; and (2) The number, but not the identities, of students on the list that the Federal agency with earnings data could not match. (d) Calculating D/E rates and earnings premium measure. (1) If the Federal agency with earnings data includes reports from records of earnings on at least 30 students, the Secretary uses the median annual earnings provided by the Federal agency with earnings data to calculate the D/E rates and earnings premium measure for each pro… | |||||
| 34:34:3.1.3.1.30.17.17.6 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | Q | Subpart Q—Financial Value Transparency | § 668.406 Determination of the D/E rates and earnings premium measure. | ED | (a) For each award year for which the Secretary calculates D/E rates and the earnings premium measure for a program, the Secretary issues a notice of determination. (b) The notice of determination informs the institution of the following: (1) The D/E rates for each program as determined under § 668.403. (2) The earnings premium measure for each program as determined under § 668.404. (3) The determination by the Secretary of whether each program is passing or failing, as described in § 668.402, and the consequences of that determination. (4) Whether the student acknowledgment is required under § 668.407. (5) For GE programs, whether the institution is required to provide the student warning under § 668.605. (6) For GE programs, whether the program could become ineligible under subpart S of this part based on its final D/E rates or earnings premium measure for the next award year for which D/E rates or the earnings premium measure are calculated for the program. | |||||
| 34:34:3.1.3.1.30.17.17.7 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | Q | Subpart Q—Financial Value Transparency | § 668.407 Student acknowledgments. | ED | (a) Beginning on July 1, 2026, if an eligible program, other than an undergraduate degree program, has failing D/E rates, the Secretary notifies the institution under § 668.406(b)(4) that student acknowledgments are required for such program in the manner specified in this section. (b)(1) If student acknowledgements are required, prospective students must acknowledge that they have viewed the information provided through the program information website established and maintained by the Secretary described in § 668.43(d). (2) The Department will administer and collect the acknowledgment from students through the program information website. (3) Prospective students must provide such acknowledgments until: (i) The Secretary notifies the institution pursuant to § 668.406 that the program has passing D/E rates; or (ii) Three years after the institution was last notified that the program had failing D/E rates, whichever is earlier. (c)(1) A prospective student must provide the acknowledgment before the institution enters into an agreement to enroll the student. (2) The Secretary monitors the institution's compliance with the requirements in paragraph (c)(1) of this section through audits, program reviews, or other investigations. (d) The acknowledgment required in paragraph (c)(1) of this section does not mitigate the institution's responsibility to provide accurate information to students concerning program status, nor will it be considered as dispositive evidence against a student's claim if applying for a loan discharge. | |||||
| 34:34:3.1.3.1.30.17.17.8 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | Q | Subpart Q—Financial Value Transparency | § 668.408 Reporting requirements. | ED | (a) Data elements. In accordance with procedures established by the Secretary, an institution offering any group of substantially similar programs, defined as all programs in the same four-digit CIP code at an institution, with 30 or more completers in total over the four most recent award years must report to the Department— (1) For each GE program and eligible non-GE program, for its most recently completed award year— (i) The name, CIP code, credential level, and length of the program; (ii) Whether the program is programmatically accredited and, if so, the name of the accrediting agency; (iii) Whether the program meets licensure requirements or prepares students to sit for a licensure examination in a particular occupation for each State in the institution's metropolitan statistical area; (iv) The total number of students enrolled in the program during the most recently completed award year, including both recipients and non-recipients of title IV, HEA funds; and (v) Whether the program is a qualifying graduate program whose students are required to complete postgraduate training programs, as described in the definition under § 668.2; (2) For each student— (i) Information needed to identify the student and the institution; (ii) The date the student initially enrolled in the program; (iii) The student's attendance dates and attendance status ( e.g., enrolled, withdrawn, or completed) in the program during the award year; (iv) The student's enrollment status ( e.g., full time, three-quarter time, half time, less than half time) as of the first day of the student's enrollment in the program; (v) The student's total annual cost of attendance (COA); (vi) The total tuition and fees assessed to the student for the award year; (vii) The student's residency tuition status by State or district; (viii) The student's total annual allowance for books, supplies, and equipment from their COA under HEA section 472; (ix) The student's total annual allowance for housing and food from their COA under HEA sect… | |||||
| 34:34:3.1.3.1.30.17.17.9 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | Q | Subpart Q—Financial Value Transparency | § 668.409 Severability. | ED | If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of this part and subpart, and the application of this subpart's provisions to any other person, act, or practice, will not be affected thereby. | |||||
| 34:34:3.1.3.1.30.18.17.1 | 34 | Education | VI | 668 | PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS | R | Subpart R—Aggressive and Deceptive Recruitment Tactics or Conduct | § 668.500 Scope and purpose. | ED | (a) This subpart identifies the types of activities that constitute aggressive and deceptive recruitment tactics or conduct by an eligible institution. An eligible institution has engaged in aggressive and deceptive recruitment tactics or conduct when the institution itself, one of its representatives, or any ineligible institution, organization, or person with whom the eligible institution has an agreement to provide educational programs, marketing, advertising, lead generation, recruiting or admissions services, engages in one or more of the prohibited practices in § 668.501. Aggressive and deceptive recruitment tactics or conduct are prohibited in all forms, including in the institution's advertising or promotional materials, or in the marketing or sale of courses or programs of instruction offered by the institution. (b) If the Secretary determines that an eligible institution has engaged in aggressive and deceptive recruitment tactics or conduct, the Secretary may: (1) Revoke the eligible institution's program participation agreement, if the institution is provisionally certified under § 668.13(c); (2) Impose limitations on the institution's participation in the title IV, HEA programs, if the institution is provisionally certified under § 668.13(c); (3) Deny participation applications made on behalf of the institution; or (4) Initiate a proceeding against the eligible institution under subpart G of this part. (c) The following definitions apply to this subpart: Prospective student: Has the same meaning in 34 CFR 668.71. |
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