Otherwise, we consider that an institution has sufficient cash reserves if, for its two most recently completed fiscal years, it makes required refunds in a timely manner, as required in 668.22(j). The proposed regulations would clarify the definition of an institution that is required to attendance. 656, provided that: Pub. That is, they suggested that a student not lose eligibility for Title IV funds nor be required to repay an overpayment if the original overpayment amount is less than $25. Finally, they asserted that an audit or review finding citing an institution for not returning funds in a timely manner may prompt an administrative or compliance arm of the institution to require a comprehensive review of, and changes to, its practices and procedures. The Secretary considers that an institution has sufficient cash Start Printed Page 51739reserves, as required under 668.171(b)(2), if the institution. 20 U.S.C. documents in the last year, by the National Oceanic and Atmospheric Administration (1161l), Model emergency response policies, procedures, and practices. (1161n-4), College partnership grants authorized. 2381, provided that: Pub. Notwithstanding paragraphs (b) and (c) of this section, an institution may choose to have more than two payment periods. The committee agreed to modify the regulations to make clear that an institution is considered to be required to take attendance only when an outside entity has determined that the institution must, even for a limited period of time, take attendance for some or all of its students. They also suggested broadening the list of transactions that are not considered changes in ownership to include situations where an owner who was retiring from operating an institution and transferring ownership to another family member would still perform some duties at the institution. Before you do anything, it is suggested that you backup your website so that you can revert back to a previous version if something goes wrong. Therefore, the proposed regulations do not preclude an institution from compensating a service provider for Internet-based recruitment and admission services. (1072), Effects of adequate non-Federal programs. documents in the last year, 79 Bills numbers restart every two years. HH, title I, 101, Mar. L. 111152, title II, 2001(a), Mar. (e) Exceptions. However, consistent with the conference language the basis for any adjustment may not be solely the number of students recruited, admitted, enrolled, or awarded financial aid. We developed a list of proposed regulatory changes from advice and recommendations submitted by individuals and organizations in response to a May 24, 2001, request for recommendations on improving the Title IV student assistance programs from Representative Howard P. Buck Start Printed Page 51719McKeon and Representative Patsy Mink, the Chairman and Ranking Member, respectively, of the Subcommittee on 21st Century Competitiveness of the Education and the Workforce Committee of the U.S. House of Representatives. 13, 1970, 84 Stat. 42 U.S.C. (2) An institution's written request must. 1618, provided that: Pub. (1015c), In-State tuition rates for members of the Armed Forces on active duty, spouses, and dependent children. Based upon that withdrawal, the institution would have completed the Return of Title IV Aid calculation, which may have required it and the student to return funds to the Title IV programs. 321; Pub. 1340; Pub. (2) The institution is liable for a Federal Pell Grant overpayment if the overpayment occurred because the institution failed to follow the procedures set forth in this part or 34 CFR Part 668. (1068h), Statement of purpose; program authorization. The regulatory changes of applying a $25 de minimis standard to other overpayments are proposed for consistency, simplicity, and cost effectiveness. Salient issues facing educators and leaders at HSIs include enacting an HSI identity and transforming their organizational commitment to racial equity and social justice. L. 11044, 2, July 3, 2007, 121 Stat. Access to this information will also increase institutional accountability and encourage institutions to take into account likely future earnings when establishing the cost of their educational programs. To provide students with the opportunity to object to any overpayment determination that they believe is in error, we are proposing the same requirement for the Pell Grant program that currently exists for the Perkins and FSEOG programs. 11/03/2022, 308 Inclusion of a computer in a student's cost of attendance. If all of the conditions are met, an institution has 90 days from the date the student became ineligible to make the late disbursement. This will reset the permalinks and fix the issue in many cases. FF, title VII, 701(b), Dec. 27, 2020, 134 Stat. Under the requirements of 668.22, a student who completes more than 60 percent of the payment period or period of enrollment has earned 100 percent of his or her Title IV aid and the institution must make or offer, as appropriate, a post-withdrawal disbursement of any of those funds that were not received. Current regulations also provide that a leave of absence for Return of Title IV Aid purposes must have been granted by the institution under its formal leave of absence policy. on This document has been published in the Federal Register. (1140k), Establishment of Advisory Commission on Accessible Materials in Postsecondary Education for Students with Disabilities. L. 92318, title I, 101(a), June 23, 1972, 86 Stat. 363, provided that: Pub. The amendments made by this section [amending, The amendments made by subsection (a) [amending, The authorization of appropriations for, and the duration of, each program authorized under the, is required, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the, is permitted or authorized, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the, The amount authorized to be appropriated for a program described in subsection (a) during the period of extension under this section shall be the amount authorized to be appropriated for such program for fiscal year 2004, or the amount appropriated for such program for such fiscal year, whichever is greater. Current Regulations: As provided in 668.32(e), an otherwise eligible student who does not have a high school diploma or its recognized equivalent and who does not meet the home-schooled standards of the regulation is eligible to receive Title IV, HEA program assistance only if the student has obtained a passing score, as specified by the Secretary, on an approved ability-to-benefit (ATB) test within 12 months before the date the student initially receives Title IV program assistance. (1122), Undergraduate international studies and foreign language programs. You can search for these online or contact a law library. Consistent with that guidance, when, through a census on a certain date or similar process, all of a student's instructors indicate that the student is no longer in attendance, the student is considered to have officially withdrawn as of the census date. Instead, we decided to address a number of these issues in a non-regulatory way, such as providing clarifying policy language in the Federal Student Financial Aid Handbook. New Documents (ii) An institution may not make a second or subsequent late disbursement of a loan under the FFEL or Direct Loan programs unless the student successfully completed the period of enrollment for which the loan was intended. On an exception basis, and with the approval of the Secretary, an institution may make a late disbursement after the applicable 120-day period, if the reason the late disbursement was not made was not the fault of the student. Document Drafting Handbook 1219; Pub. Moreover, they believed that it was unfair that some students do not qualify for a late disbursement solely because institutions may not be aware (or cannot document) that they received an ISIR before the date the student became ineligible. The authority citation for part 685 continues to read as follows: Authority: The 12-hour rule also results in significant disparities in the amount of Title IV, HEA funding that students receive for the same amount of academic credit, based solely on whether the program that they are enrolled in uses standard academic terms or not. The same requirement holds when a student returns for the purpose of repeating prior coursework to enhance his or her skills and knowledge in order to resume the program. (1136b), Administrative provisions for subparts 1through 4. Legislation, - 23. Pub. (1067e-1), Evaluation and accountability plan. L. 10050, 1(a), June 3, 1987, 101 Stat. Section 481(b) of the HEA sets forth minimum lengths of time for certain eligible programs in terms of weeks of instructional time. You may need to scroll to find it. Specifically, we suggested that the definition of a payment period for credit hour programs without terms require that, in addition to completing one-half of the academic coursework of the period (e.g., academic year, program, or remainder of the program), the student complete one-half of the required weeks of instruction in that period. 20 U.S.C. The President of the United States manages the operations of the Executive branch of Government through Executive orders. After referring the Federal Pell Grant overpayment to the Secretary under this section, the institution need make no further efforts to recover the overpayment. A family member includes a person's. If you choose to send your comments through the Internet, use the following address: ProgramNPRM@ed.gov. The notice requested nominations of individuals for membership on the committees who represented key stakeholder constituencies that are involved in the student financial assistance programs, with preference given to individuals who are actively involved in administering the Federal student financial assistance programs or whose interests are significantly affected by the regulations. The Public Inspection page Hearings before the Subcommittee on Postsecondary Education of the Committee on Education and Labor. The non-Federal negotiators believed it was unfair to hold an institution responsible for a check clearance process that is beyond its control. If only black-and-white ("b&w") sources are listed and you desire a copy showing While the statutory language noting directly or indirectly is broad, the conference committee report on the legislation included the following statement to clarify the legislative intent and limits of these restrictions: The conferees wish to clarify, however, that the use of the term indirectly does not imply that institutions cannot base employee salaries on merit. We have also determined that this regulatory action would not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions. A dialogue box may appear asking you about encoding. If the student returns within 180 days to his or her original program, the student would have to complete the remaining clock or credit hours before starting a new payment period and receiving Title IV aid for that new payment period. (1140m), National Technical Assistance Center; Coordinating Center. Would the proposed regulations be easier to understand if we divided them into more (but shorter) sections? For undergraduate programs, the law requires that over the 30 weeks of instructional time a full-time undergraduate student must be expected to complete at least 24 semester or trimester hours, 36 quarter hours, or 900 clock hours. Current Regulations: The definition of an academic year appears in 668.2. If you want to comment on the information collection requirements, you must send your comments to the Office of Management and Budget at the address listed in the Paperwork Reduction Act section of this preamble. Camera Dei Deputati. L. 117103, div. The institution must restore an amount equal to the overpayment to its Federal Pell Grant account. FWS community service waiver requirements. However, any profit Start Printed Page 51725distributions under this paragraph are permitted only to the extent they represent a proportionate distribution based upon the employee's ownership interest. L. 11044, 1, July 3, 2007, 121 Stat. If you want to comment on the information collection requirements, please send your comments to the Office of Information and Regulatory Affairs, OMB, Room 10235, New Executive Office Building, Washington, DC, 20503; Attention: Desk Officer for U.S. Department of Education. The total of 92 days for leaves of absence is significantly less than the maximum of 180 days allowable, but because the second leave of absence for unforeseen circumstances is for more than 30 days, it cannot meet the current definition in 668.22(d)(2)(i). You may also send a copy of these comments to the Department representative named in the ADDRESSES section of this preamble. In addition, the regulations provide that, for any overpayment for which it is not liable, the institution must assist the Secretary in recovering that overpayment. (1103a), Assistance to institutions under other programs. (1131f), Evaluation, outreach, and information. However, in another section of the regulations the institution would not comply with the same reserve standard if the check was not received within 45 days. This feature is not available for this document. (f) Re-entry after 180 days or transfer. L. 99498. During and after the comment period, you may inspect all public comments about these proposed regulations at 1990 K Street, NW., (8th Floor) Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Eastern time, Monday through Friday of each week except Federal holidays. The financial burden of higher education on students and their families is also a national problem that needs immediate attention. Under this longstanding definition, a week of instructional time is a week in which there is at least one day of regularly scheduled instruction or examinations, or after the last day of classes, at least one day of study in preparation for final examinations. Section 694.10(c) of the regulations, which implements the portion of section 404E(c) of the HEA that provides that a GEAR UP scholarship, in combination with any Title IV assistance or other grant or scholarship assistance, may not exceed the student's cost of attendance, would remain unchanged. 17: Jerry Gallegos, superintendent of the House Daily Press Gallery, walks by a television photographer On cover: Reprinted from volume two of the Iowa applied history series published at Iowa City in 1914 by the State Historical Society of Iowa. L. 103208, 2(m), Dec. 20, 1993, 107 Stat. Finally, if the Secretary believes it is necessary, the Secretary could at any time send a notice to the institution requesting the letter of credit. In other words, an institution may not accept as a valid passing test score a report it received from the student or from another institution (unless it came from a test assessment center at another institution in accordance with the regulations). (1011h), Drug and alcohol abuse prevention. The item Reauthorizing the Higher Education Act of 1965 : report of the Committee on Labor and Human Resources, United States Senate, to accompany S. 1150 together with additional and minority views represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Indiana State Library. Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. The lender then makes the adjustment by crediting or otherwise adjusting the borrower's loan account for the amount returned. 351, provided: Pub. These negotiators felt that it was highly inappropriate for the regulations to dictate a packaging policy for institutions. Proposed Regulation: These proposed regulations would eliminate the 12-hour rule for nonstandard and nonterm educational programs that measure progress in credit hours, and adopt a single regulatory standard for all types of educational programs. 405, provided that: [Pub. In general, the amount of a student's Title IV award and the frequency and timing of its disbursement are determined on a payment period basis (with special rules for disbursements of FFEL and Direct Loans). Privacy and publicity rights may also apply. L. 105244, 3, Oct. 7, 1998, 112 Stat. Before this time, higher education was a luxury that could be afforded only by the rich and the privileged, It was noted during the discussion that there may be situations where, because of administrative constraints, a late disbursement may not be possible even if the request is made within the applicable timeframes. (Approved by the Office of Management and Budget under control number 1840-0537). (iii) For any remaining portion of an eligible program that is not more than one half of an academic year, the payment period is the remainder of the program. L. 110300, 1(b), July 31, 2008, 122 Stat. 10. The proposed regulations would make it clear that an institution must obtain the results of an approved ATB test directly from either the test publisher or the assessment center that administered the test. (1138a), Grants, contracts, and cooperative agreements authorized. For a more up-to-date version of the U.S. Code, see the Office of the Law Revision Counsel website of the U.S. House of Representatives. the official SGML-based PDF version on govinfo.gov, those relying on it for Code.). 305) establishes a new program awarding formula grants to predominantly black institutions to: (1) enhance their capacity to serve more low- and middle-income black american students; (2) expand higher education opportunities for students eligible for student assistance under title iv of the hea by encouraging such students to prepare for That is, a student may return and repeat prior coursework as long as the student does not incur additional institutional charges. Higher education act of 1965, Title III. However, they are at greater risk for, Descriptors: Undergraduate Students, Expenditure per Student, Higher Education, Federal Aid, Petrov, Lisa A.; Garcia, Gina A. L. 116260, div. An institution's leave of absence policy is a formal policy if it is in writing and publicized to students, and it requires students to provide a written request for a leave of absence. (b) Covered agencies for purposes of this section are the Departments of Defense, the Interior, Agriculture, Commerce, Labor, Health and Human Services, Transportation, Energy, and Education; the Environmental Protection Agency; the National Science Foundation; and the National Aeronautics and Space Administration. All Rights Reserved. Note: Citations are based on reference standards. Completion of an academic program is not enrollment under the provisions of section 487(a)(20) of the HEA. Second, for the limited cases in which it is not the fault of the student that a late disbursement was not made within the 120-day period, an institution would seek our approval (not that of the guaranty agency, as provided under current guidance) to make that disbursement. (1036), Goals for financial management and academic program. Suggested Change: Some institutions and the non-Federal negotiators recommended that the protection provided by the 180-day maximum timeframe within a 12-month period for an approved leave of absence is sufficient to prevent abuse and that tracking the reasons for requests for subsequent leaves and evaluating them against certain limited exceptions is administratively burdensome. As a result, we propose to remove the current language that describes the exceptions to the single leave of absence rule. In particular, they wanted the regulations to clearly state that an institution is one that is required to take attendance only if the outside entity has determined that it requires the institution to take attendance.
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