federal update vasfa fall meeting liberty university october 6, 2011

Federal Update

VASFA Fall MeetingLiberty UniversityOctober 6, 2011

Program Integrity

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R2T4DCL GEN-11-14• Effective date of changes

– Apply s to students who withdraw from payment periods/periods of enrollment beginning on or after July 1, 2011

– Does not apply to students who withdrew from a 2011 crossover payment period

• Definition of “Offered in Modules”– Program is offered in modules (for R2T4) if a course or

courses do not span the entire length of payment period/ period of enrollment

– If some courses span the entire payment period/period of enrollment but some do not:

• Program is considered offered in modules for those students scheduled to attend at least one course that does not span payment period/period of enrollment

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R2T4DCL GEN -11-14• Summer Sessions

– Summer terms offered in multiple sessions combined into a term are considered “offered in modules”

• All students who withdraw are considered to be withdrawing from a program offered in modules

– Because none of the courses spans the entire payment period

– Summer terms offered in multiple sessions but with course options spanning the entire payment period

• Student scheduled to attend only course(s) spanning entire payment period is not considered enrolled in a program offered in modules for R2T4 purposes

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R2T4DCL GEN-11-14• Student ceasing attendance in a module-based program not

considered a withdrawal if written confirmation of date he/she will attend a later module is received “at the time that would have been a withdrawal”– At the time that would have been a withdrawal

• Close to the date the student actually ceased attendance• Before institution was required to return Title IV

funds/offer a PWD or take other R2T4 related action• Obtained prior to start of module in which student is

confirming attendance– Online confirmation allowed if a timely, positive confirmation

of future attendance – Institution may not wait to perform R2T4 to see if withdrawn

student who failed to provide written confirmation of future attendance will return later in the payment peiod

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R2T4DCL GEN-11-14• Student who ceases attendance between modules

he/she was scheduled to attend, is considered withdrawn– Considered withdrawn because he/she was

scheduled, but failed, to complete a later module• Assuming written confirmation of future

attendance in the same payment period is not received

– Under new regulations, completion of one course in one module is not considered completion of the payment period (as was the case prior to July 1, 2011)

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R2T4DCL GEN 11-14• Total number of calendar days in the payment period/period of enrollment

– All days within the period student was scheduled to attend prior to ceasing attendance

• Adjustments to enrollment status made after ceasing attendance have no bearing on R2T4

– Excludes approved LOAs and scheduled breaks of 5 days or more– Example: Student enrolls in Modules 1, 2 and 3, withdrawing from Module

1 while still scheduled to attend all three modules• Total number of calendar days in the payment period is inclusive of all

days in Modules 1, 2 and 3(denominator of R2T4 calculation)– Except LOA or scheduled breaks of 5 or more days– Includes days between modules unless the break is at least 5

consecutive days

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R2T4DCL GEN-11-14• Institution is not required to delay 1st disbursement of

DL until student has begun at least half-time attendance– Preamble (October 29, 2010 Final Rules) statement

refers only to PWD• Institution is not prohibited from making a second

disbursement of Pell Grant funds to a student if R2T4 calculation results in a PWD– Preamble (October 29, 2010 Final Rules) statement

is incorrect • Correction published in the Federal Register

April 13, 2011

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R2T4DCL GEN-11-14

– Institutions required to take attendance• 14-day rule modified for students not considered a

withdrawal from a program offered in modules due to confirming attendance in a later module

– No action required unless student does not return as scheduled

– If student does not return, date of determination can be no later than 14 days after date scheduled to resume attendance

• Monitoring of whether online students log into class does not, by itself, result in the institution being considered required to take attendance

– If monitoring is tracking student engagement, institution is considered required to take attendance for R2T4 purposes

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R2T4DCL GEN-11-14• Institutions required to take attendance

– Requirement that faculty provide a LDA students with all “F” grades to determine if student has unofficially withdrawn, does not make institution required to take attendance

– Requirement to take attendance in some courses but not others does not constitute a requirement to take attendance

• Only required to take attendance if attendance taking is required in all classes in the program for a period of time

– Taking attendance on a specified day for census purposes is not a requirement to take attendance

• Census date for each module permissible

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2012-2013 Required Verification ItemsDCL GEN-11-13• Refer to July 13, 2011 Federal Register Notice for documentation

requirements• All applicants selected for verification

– Number in household (signed statement listing name/age of each member and relationship to applicant)

• Verification not required if -– Applicant is dependent w/parent marital status of single,

separated, divorced or widowed and household size of 2– Applicant is dependent w/parent marital status of married

and household size of 3– Applicant is independent w/marital status of single,

separated, divorced or widowed and household size of 1– Applicant is independent w/marital status of married and

household size of 2

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2012-2013 Required Verification ItemsDCL GEN-11-13

– Number in postsecondary education (signed statement listing each member in college at least ½ time and name of school(s)• Not required if number is 1

– Food Stamps – Supplemental Nutrition Assistance Program (SNAP) (statement from issuing agency/other documentation showing receipt )• If receipt is indicated on 2012-13 FAFSA

– Child support paid (statement signed by payer, listing amount, recipient and name of child for whom paid)• If reported on the 2012-13 FAFSA

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2012-2013 Required Verification ItemsDCL GEN-11-13• Tax filers selected for verification (all elements may be verified

using IRS Data Retrieval)– Adjusted Gross Income (AGI) – U.S. income tax paid (IRS – Untaxed income – if reported on FAFSA

• Untaxed IRA distributions • Untaxed pensions• Education credits• IRA deductions• Tax exempt interest

• Non-tax filers selected for verification– Income earned from Work (W-2; signed statement certifying

non-filing/not required to file and sources and amounts of income not on a W-2 Form

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2012-2013 Required Verification ItemsDCL GEN-11-13• 2012-2013 selection process

– Customized verification process not implemented

– Applicants still selected based on highest probability of errors

• IRS Data Retrieval– Applicants using IRS Data retrieval (02 IRS

Request Flag) are considered to have verified FAFASA IRS information

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2012-2013 Required Verification ItemsDCL GEN-11-13• IRS Tax Return Transcript required when:

– Applicant did not use IRS Data Retrieval Process• Either initial FAFSA or FOTW correction

– Filing status is “married filing separately”• Independent applicant and spouse and

parents of a dependent student– Applicant/parent had a change in marital status

after end of the tax year (December 31, 2011)– Applicant, parent or spouse filed amended return

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Satisfactory Academic Progress

• Terminology– Institutions must use terminology used in the October

29, 2010 Final Rules – to reference statuses discussed in those rules

• Ex. Probation, warning – Remedial Coursework

• SAP policy should describe how remedial courses are treated

• Must be included in qualitative (grade based) measure

• School discretion whether to include in pace– ESL Courses

• Same rules applicable to remedial coursework apply to ESL

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Satisfactory Academic Progress• Change of major effect on SAP

– Determined by the institution and should be specified in SAP policy

– May consider only the coursework attributable to the new major

• But may have a policy to include coursework taken in all prior majors

• Transfers of credit from other institutions– SAP policy must address treatment of transfer hours– Transferred hours accepted into student’s program must

count as both attempted and completed– SAP policy may include non-accepted credits

• Not addressed in regulation• Treatment is at institution’s discretion

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• SAP pace (quantitative) requirements– May use a different pace standard for students in

different grade levels• Ex. 50% pace for 1st year, 65% pace for second

year and 85% pace for 3rd and 4th years as opposed to 67% pace for all years

– May use a graduated pace measured by payment period• May be applicable to certain categories of students• Must relate to cumulative pace

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Satisfactory Academic Progress• SAP reviews

– SAP review not complete until qualitative and quantitative measures are reviewed

• Both measures must be reviewed at least annually• If SAP reviewed each payment period to use warning,

both measures must be reviewed– SAP Qualitative measure

• SAP policy must include GPA (or equivalent) that student must achieve at each evaluation

• Specific qualitative review at end of 2nd academic year– Defined as 4 quarters or 6 semesters (at any

enrollment status)– Student must have a 2.0 GPA (or equivalent), or

academic standing consistent w/graduation requirements

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• Probation (following successful appeal)– Student placed on probation under prior rules is

evaluated at the next regular evaluation point under new rules

– Student on probation must be reviewed at the end of one payment period even if SAP policy is for annual reviews

• Probation and Academic Plan– Reviewed at the end of one payment period

• As required of student on probation– After probation, reviewed according to the plan

• No less frequently than the rest of the student population

• May be more frequent

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Satisfactory Academic Progress• Summer

– If SAP is evaluated each payment period, it must also be reviewed after summer

• Assuming student attended in summer– Crossover period of enrollment for 2011

• May use prior or new SAP rules• Prior rules – Annual evaluation

– If SAP evaluated at the end of summer, first evaluation under new rules occurs after summer 2012

• Prior rules – payment period evaluation– First evaluation under new rules occurs after fall 2011 payment

period• New rules – annual evaluation

– First evaluation could take place after summer, fall or spring depending on when in year evaluation occurs

• New rules – payment period evaluation– First evaluation at end of summer 2011

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• SAP for clock hour programs– May review annually or at each payment period

• Must be measured at the end of a payment period• Review must occur in conjunction with rules for

maximum timeframe– Review options

• Point when scheduled hours for the payment period have elapsed – whether attended or not

• Point at which student has attended scheduled hours• Point at which student successfully completes

scheduled hours

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Satisfactory Academic Progress• Appeals

– Number of appeals not limited by regulation• School my limit appeals• Repeat appeals based on the same circumstance require

information about what has changed to permit SAP in the future

– Appeal policy must include:• How the student may reestablish eligibility• Basis on which an appeal may be filed• Information the student must submit , including

– Why the student failed to make SAP– What changed to allow SAP at the next evaluation

– 150% timeframe may be appealed– Automatic academic amnesty not permitted

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Satisfactory Academic Progress• Financial Aid Warning

– May only be used if SAP measured at each payment period– Lasts 1 payment period and requires not student action– Multiple warning periods permissible if student makes SAP

after a given warning• Successive warning periods not possible

• Financial Aid Probation– Must follow a successful appeal– Lasts only 1 payment period per appeal

• Student may be placed on probation more than once but only after appeal

– Student not making SAP after 1 payment period must appeal again

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• Academic Plan– Must be used in conjunction with probation

• If student will require more than 1 payment period, school may place on probation and develop an academic plan

– Must review after 1 payment period and subsequently according to the plan

– Must ensure student is making SAP at a specific point in time

– Developed by school and student individually• May use a general plan for students in similar

circumstances customized for a particular student– Maximum timeframe may be extended based on appeal

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Gainful Employment

• Notices of Proposed Rulemaking published 6/18/10 & 7/26/10

• Two sets of Final Rules published on 10/29/10 with effective date of 7/01/11– Program Integrity; GE Reporting and Disclosures– Gainful Employment – New Programs

• Final Federal Register - June 13, 2011– Performance Metrics (effective July 1, 2012)

• For gainful employment information and updates go to: http://ifap.ed.gov/GainfulEmploymentInfo/

(GE Web Page)

GE References• DCLs and Announcements

– GEN-11-10: Overview of GE Programs – GE EA #3: Teacher Certification Programs– GE EA #11: GE Program Determination– GE EA #12: Certificates offered within Degree Programs– GE EA #14: NSLDS GE Submittal Template – online reporting– GE EA #15: GE Reporting Dates– GE EA #16: Updating new GE Programs on EAPP– GE EA #18: Procedures to Report Missing GE Data– GE EA #19: Preparatory Coursework not GE Programs– GE EA #22: Updated NSLDS GE User Guide– GE EA #25: Disclosures for programs with same CIP/Credential

Annual Submission Institution (even if do not participate in a loan program) annually submit information on students (TIV and non-TIV) enrolled in TIV eligible GE programs Report includes :

Student and Program identifying information Amounts from private education loans and from

institutional financing plans Enrollment information Tuition and Fees (Optional)

Use Enrollment Reporting Process in NSLDS GE EA #17 – Updated NSLDS GE User Guide GE EA # 14 – Submittal Template NSLDS available 9/26/11

GE - Annual Submission Reporting deadlines:

By October 1, 2011 (may submit through 11/15/11) 2006-2007 award year information (if available) 2007-2008, 2008-2009, 2009-2010 award year

information By November 15, 2011

2010-2011 award year information GE EA #15 – reporting dates

If can’t produce award year information, the institution must provide an explanation

Explanation sent to [email protected] GE EA #18 – procedures for reporting missing data

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Gainful Employment Disclosures

Institution is required to disclose: Occupations its programs prepare students to enter

Providing link to occupational profiles on O*NET If 6 digit CIP produces more than 10 jobs, may

provide a link to a representative sample of jobs (by name and SOC) its graduates typically find employment

Costs – tuition/fees, room/board and books and supplies May include additional costs

Gainful Employment Disclosures Institution is required to disclose:

On-time completion rate for each program Determine the number of students who completed

the program during most recently completed award year

Determine number of students who completed within normal timeframe regardless of whether transferred into program or changed programs at institution

Divide the number students who completed in normal timeframe by the total number of who completed the program; and X100


Institution is required to disclose: Placement rate for students completing each program

NCES developing methodology Until developed, as of July 1, 2011:

If accrediting or State agency requires the calculation of a placement rate by program, the school must disclose the rate and who required it

If accrediting or State agency requires the calculation of a placement rate at the institutional level, the school must use the methodology to calculate a program rate and disclose it

Institution is required to disclose: Median loan debt incurred by students

who complete the program–Title IV loan debt (FFEL and Direct Loan

only) – Amount borrowed –Private educational loan debt – Amount borrowed–Institutional finance plans - Outstanding amount owed when withdraw

or graduate


Gainful Employment Disclosures Disclosures must be in promotional materials made

available to prospective students and on website Program home page website

Information simple and meaningful Contain direct link to any other webpage with general,

academic or admission information about the program Information in an open format that can be retrieved,

downloaded, indexed and searched Made available to public without restrictions

ED developing disclosure form Online Web application

Must notify ED at least 90 days before the first day of class. If the first day of class is on or after July 1,

2011 and before October 1, 2011, notification was due by July 1, 2011

If the first day of class is on or after October 1, 2011, institutions must provide notification to the Department at least 90 days prior to the first day of class.

Gainful Employment – New Programs

Gainful Employment – New Programs

Reporting procedures:

Electronic Announcement August 3, 2011 (GE EA #16) Step by step instruction on how to report new GE programs

on EAPP Includes degree (proprietary schools) & non-degree GE

programs Notice of Intent to Offer GE program form to be mailed in

with signature page and other supporting documentation If notification not provided timely, school must wait for ED

approval to offer TIV aid

Gainful Employment New Programs

Notification must include: How institution determined need for the program How the program was designed to meet local market needs If an online program, how designed to meet regional or national

market needs Contain any wage analysis performed How program was reviewed/approved/developed with business

advisory committees, program integrity boards, public/private oversight agencies, and any businesses likely to employ graduates

Demonstrate approved by, or included in, school accreditation Provide the date of the first day of class


Approval process Unless ED requires school to obtain approval for additional

programs (school status; program type), once notification is submitted, school is not required to get ED approval

If notification is not timely, school must obtain ED approval If ED needs to approve the program, an alert notice will be

sent to the school at least 30 days before the first day of class

Program Denials If denied, ED will:

Explain how program failed Provide opportunity for school response School may request reconsideration


NPRM – 9/27/11 Establish new regulations to

streamline the application and approval process for adding new GE programs

Comments must be received by November 14, 2011

Would not be effective until July 1, 2013 Continue to adhere to current rules

Gainful Employment “Performance Metrics”• Establish minimal measures for determining whether

certain postsecondary programs lead to gainful employment in recognized occupations, and the conditions under which these educational programs remain eligible for Title IV aid

• Minimum standards include (668.7):– program’s annual loan repayment rate is at least 35

percent – program’s annual loan payment is less than or equal to--

• 30 percent of discretionary income; or• 12 percent of annual earnings

• Repayment Rate –The percentage of the GE Program’s former students who are repaying their loans.

• Debt to Earnings Ratio –For the GE Program’s completers, the average educational loan payments as a proportion of the average borrowers’ income.

• Informational Rates in 2012• First official rates in 2013

Gainful Employment “Performance Metrics”

A program is a failing program for a year if it does not meet ANY of the minimum standards.

After one year’s failure institution must — Disclose to students and prospective

students the amount by which the program did not meet the minimum standards and any plans for improvement;

Establish a three‐day waiting period before students can enroll.


After two years out of three as a failing program, institution must tell students that — Their debts may be unaffordable; The program may lose eligibility; and What transfer options exist.

If a failing program for three of four years, program loses eligibility for Federal student aid


Gainful Employment Programs• General rules for determining if an educational program is a GE

program– Refer to DCL GEN-11-10 and GE Elec. Ann. #11– Most all programs offered by for-profit institutions are

considered GE programs• Exceptions: Program leads to a BA in liberal arts

(w/stipulations) and prep. course of study– All educational programs offered by a public/private non-

profit inst. are not considered GE programs– Most all non-degree educational programs offered by a

public/private non-profit. inst. Are considered GE programs• Exceptions: two-year program acceptable for full credit

toward a BA degree w/ student admitted as a 3rd year student, state teacher cert. and prep. course of study

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Gainful Employment Programs

• Preparatory course of study is not considered GE – because it does not lead to GE– Even if it leads to a certificate provided by school

• Preparatory course of study loan limits– Considered undergraduate level and loan limits are at

the undergraduate level• Prep. Coursework to enroll in undergrad.

Degree/cert. eligible for $2,625/additional $6,000 unsub. for independent students and dependent w/ parent PLUS denied

• Prep. Coursework to enroll in grad./prof . program eligible for $5,500/additional $7,000 unsub. for independent students and dependent w/parent PLUS denied

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Gainful Employment Programs• Certificates awarded as part of a degree program (GE Elec. Ann. #12)

– Students enrolled only in degree program (not also in a separate certificate program) – evaluate the degree program only under GE Elec. Ann. #11

– Inst. offers a separate certificate program – students enrolled in degree program only are not included in disclosure/reporting for certificate

– Students enrolled in a certificate program must be included in the certificate GE program’s disclosure/reporting (even if concurrent enrollment in the degree program)

• Also in the degree program’s disclosure/reporting if a GE program

– If significant number of students in degree program are awarded only the certificate, students must be in disclosures and reporting for a certificate program

• If certificate program not offered, degree program is treated as a GE certificate program

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Gainful Employment Programs

• Teacher certification programs (GE Elec. Ann. #3)– Not GE if institution does not provide a certificate– Programs that result in a certificate awarded by the

institution are considered GE• Programs sharing the same CIP Code (GE Elec. Ann.

#25)– Institutions must determine if disclosures provided

to prospective students for two programs w/ the same CIP Code accurately reflect each program

– Web disclosures should be corrected in 2-3 months

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DL ChangesBudget Control Act of 2011

DL Changes—Budget Control Act of 2011

• DCL GEN-11-16 (8/31/2011): – Loss of Subsidized Loan Eligibility for

Graduate/Professional Students– For loan periods beginning on or after

7/1/2012, graduate/professional students are not eligible for Subsidized Loans

– $20,500 graduate/professional annual aggregate remains ($47,167 for certain health professions students), but will now all be Unsubsidized

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• Termination of DL Repayment Incentives• With one exception, the BCA ends ED’s

authority to offer repayment incentives to DL borrowers to encourage on-time repayment of loans, including interest rate or origination fee reductions, effective for loans 1st disbursed on/after July 1, 2012.

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Where a 1st loan disb. date is on/after July 1, 2012, the up-front interest rebate for DL borrowers at the time of disb. will no longer be offered

Interest rate reductions to borrowers who agree

to have payments automatically

electronically debited from a bank account

remain

Termination of DL Repayment Incentives

Comments on the content of this presentationor my performance should directed to:Thomas [email protected] 617-289-0144

ThanksGreg [email protected]

mailto:[email protected]

mailto:[email protected]

federal update vasfa fall meeting liberty university october 6, 2011

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