AwardYear: 1995-1996 EnterChapterNo: 3 EnterChapterTitle: Institutional Eligibility and Administrative Requirements SectionNumber: 1 SectionTitle: Institutional and Program Eligibility PageNumbers: 5-32 This section will discuss the three types of institutions that are eligible to participate in the SFA programs, and the effect of program eligibility requirements on institutional eligibility . You cannot assume that every program at an eligible institution is an eligible program, or that every eligible program at the school must have the same minimum program length or admissions standards. If your school is applying for approval to participate for the first time, please refer to Section Ten of this Chapter. Section Ten also discusses other changes in participation, loss of eligibility, and ownership changes. THE THREE DEFINITIONS OF ELIGIBLE INSTITUTIONS Previously, the Institutional Eligibility regulations (34 CFR Part 600) defined four types of eligible institutions; however, the Higher Education Amendments of 1992 made several changes regarding institutional participation, including eliminating one of the four types of eligible institutions. The definition of VOCATIONAL SCHOOL was removed and such schools can no longer participate in the SFA programs, unless they qualify under one of the remaining definitions. (Refer to the chart on pg. 3-6.) Under the remaining three definitions, schools are eligible to participate in all the SFA programs, provided they offer the appropriate type of eligible program. This section covers the key elements of the three definitions, with special attention to those requirements that affect the definition of an eligible program. Although the participation criteria defined for each of the three types of institutions differ somewhat, these eligible school definitions are not mutually exclusive. That is, a school can meet the definition of more than one type of institution. [[The chart "Eligible School Definitions" on page 3-6 is currently unavailable for viewing. Please reference your paper document for additional information.]] CONTROL AND LEGAL AUTHORIZATION [[Public/private, nonprofit/for-profit]] The "control" of an institution distinguishes whether the school is public or private, nonprofit or for-profit. Under the institutional definitions, an INSTITUTION OF HIGHER EDUCATION or a POSTSECONDARY VOCATIONAL INSTITUTION can be either public or private, but is always nonprofit. A PROPRIETARY INSTITUTION OF HIGHER EDUCATION is always a private, for- profit institution. A nonprofit institution -- 1 is owned and operated by one or more nonprofit corporation or association whose net earnings does not benefit any private shareholder or individual, 2 is legally authorized to operate as a nonprofit organization by each State in which it is physically located, and 3 is determined by IRS to be eligible for tax-deductible contributions. [[ School's main campus must be located "in a State"]] With the exception of certain foreign schools that are eligible only under the Federal Family Education Loan (FFEL) programs, an eligible institution under any of the three definitions must be located in a State. The definition of a "State" includes not only the 50 States of the Union, but also American Samoa, Puerto Rico, the District of Columbia, Guam, the Virgin Islands, and the Northern Mariana Islands. (For the purposes of the Federal Pell Grant [Pell Grant], FSEOG, and FWS programs, a "State" also includes the Federated States of Micronesia, the Marshall Islands, and Palau.) GENERALLY THE DETERMINING FACTOR IS THE PHYSICAL LOCATION OF THE MAIN CAMPUS OR PLACE OF INSTRUCTION. For instance, if a school's main campus is in a State, as defined above, the school can still have an additional location in a foreign country. (For more information on additional locations and branch campuses, see Section Ten of this Chapter.) However, a correspondence school is considered to be located in the State where its administrative office is located. [[Authorization by a State]] To qualify under any of the three institutional definitions, a school must be legally authorized by the State in which it offers an educational program to provide the program. The State's legal authorization may be provided by the licensing board or educational agency. In some cases, the institution's charter is its legal authorization. In other cases, a school is considered to be legally authorized if State law does not require it to have a license or other formal approval. ACCREDITATION Generally, an institution must be accredited by a nationally recognized accrediting agency to be eligible. (See alternatives listed below.) The Department has published regulations governing the procedures and criteria for recognizing accrediting agencies. For more information, see the Accreditation regulations (Section 602), published in the April 29, 1994 Federal Register. The Department periodically publishes a list of recognized accrediting bodies in the Federal Register, based on criteria given in CFR Part 602. Copies of this list are also available from: U.S. Department of Education Accrediting and State Liaison Division 600 Independence Ave., S.W., Room 3915 (ROB-3) Washington, D.C. 20202-5244 Previously, the law provided three statutory alternatives to accreditation; NOW THERE ARE ONLY TWO First, an institution may be pre-accredited by an agency or association that has been approved by the Secretary to grant such pre-accreditation. Secondly, unaccredited postsecondary vocational institutions may be eligible for SFA funds if approved by a State agency that the Secretary determines to be a reliable authority. Schools wishing to apply under these procedures should contact the Institutional Participation Division (IPD) at (202)401-6485 for further information. NATIONALLY RECOGNIZED ACCREDITING AGENCY OR ASSOCIATION -- An accrediting agency or association which the Secretary of Education has recognized to accredit or pre- accredit a particular category of institution, school, or educational program in accordance with the provisions in 34 CFR Parts 602 and 603. PRE-ACCREDITED -- A status granted by a nationally recognized accrediting agency or association to a public or private nonprofit institution that is progressing towards accreditation within a reasonable period of time. The pre-accredited status must be recognized by the Department. [[Changes in accreditation may affect eligibility]] [[Dual accreditation]] If a school loses its accreditation, it is ineligible to participate in the SFA programs and must notify the Department within 30 days.*1* However, if your accrediting agency loses its Departmental approval, you have up to 18 months in which to obtain accreditation from another approved agency. Other changes in accreditation may also jeopardize institutional participation. If a school changes accrediting agencies, it may be subject to termination unless the school submits to the Department all materials relating to the prior accreditation, including materials demonstrating reasonable cause for changing accrediting agencies. If a school is accredited by two agencies at the same time, the school must designate which agency's accreditation will be used in determining institutional eligibility for SFA funds and inform the Department of such designation. Further, the school must provide to the Department (and to both agencies involved) all materials documenting sufficient reason and cause for dual accreditation. See Section Ten of this Chapter for more on loss of accreditation and loss of eligibility. ADMISSIONS STANDARDS [[Admissions standards]] Each eligible institution definition includes a provision specifying the admissions standards that apply to that type of postsecondary school. An eligible school may admit as regular students only persons who have a high school diploma or its recognized equivalent, or who are beyond the age of compulsory school attendance. REGULAR STUDENT -- A person who is enrolled (or is accepted for enrollment) in an eligible program for the purpose of obtaining a degree, certificate, or other recognized credential. Students who are beyond the age of compulsory attendance, but who do not have a high school diploma or General Education Development Certificate (GED), must pass a written test to be eligible for SFA. For more information on this student eligibility requirement, see Chapter Two of this Handbook under "Ability to Benefit." [[Student may certify that H.S. diploma/GED was granted]] For SFA purposes, the school is not required to keep a copy of a student's high school diploma or GED. Rather, the school may rely on the student's certification that he or she has received the credential, and a copy of the certification must be kept on file. (This certification need not be a separate document. It may be collected on the school's admissions application.) The school may also require the student to provide supporting documentation. [[Alternatives for special cases]] Generally, a RECOGNIZED EQUIVALENT OF A HIGH SCHOOL DIPLOMA is either a GED, or a State certificate (received after the student has passed a State authorized test) that the State recognizes as equal to a high school diploma. However, the Department recognizes that there are special cases. If a student has successfully completed at least a two-year program that is acceptable for full credit toward a bachelor's degree, the student's academic transcript is considered equivalent to a high school diploma. A student who has excelled academically in high school and who has met formalized, written admissions policies of the school is also considered to have the equivalent of a high school diploma. These students may be eligible to receive SFA funds without having to pass a Department-approved test, provided they are no longer enrolled in high school. A school that admits students who do not have a high school diploma or recognized equivalent has some additional considerations. An otherwise eligible institution does NOT qualify as an eligible institution if-- - it does not provide a four-year or two-year program leading to a bachelor's or associate degree, and - for its latest complete award year, 50% or more of its regular enrolled students had neither a high school diploma or equivalent. [[School must make GED program available]] Also, a school that admits students without a high school diploma or its equivalent must make a GED preparatory program available to its students. The course does not have to be provided by the school itself, and the school is not required to pay the costs of the program. The GED program must be offered at a place that is convenient for the students and the school must take reasonable steps to ensure that its students have access to the program, such as coordinating the timing of its program offerings with that of the GED program. The school must provide information about the availability of the GED program to affected students. The GED program must be proven successful -- such programs include GED programs that are conducted by State and local secondary school authorities, as well as programs for which the school has documentation that statistically demonstrates the program's success. The law does not require a school to verify that a student is enrolled in a GED program, or to monitor the student's progress in the program. A student without a high school diploma or recognized equivalent is not required by law to enroll in a GED program, but the school may choose to make this an admissions requirement. A student may not receive SFA funds for the GED program, although he or she may be paid for postsecondary courses taken at the same time as the GED coursework, including remedial coursework at the secondary level or higher. It is the school's responsibility to determine whether a remedial program is at the secondary level. However, if either the State, the school's accrediting agency, or the State agency recognized for the approval of public postsecondary vocational education determines that a remedial program is at the elementary level, the school must abide by that determination. For more on remedial coursework, including the admission of ability-to-benefit students, see Chapter Two of this Handbook. OTHER ELIGIBILITY FACTORS The Higher Education Amendments of 1992 added some requirements for institutional eligibility, which have been incorporated into the Institutional Eligibility regulations, published April 29, 1994. These requirements are here named: the 85 Percent Rule, the Correspondence Course Limitation, the Correspondence STUDENT Limitation, the Incarcerated Student Limitation, and the Ability-To-Benefit Student Limitation. [[School calculations must be attested to by CPA]] All of these requirements involve certain percentage calculations, which are performed by the school either to demonstrate compliance with a requirement or to demonstrate eligibility for a limitation waiver. In each instance, a calculation performed by the school must be attested to by the certified public accountant (CPA) who prepares its audited financial statement or its SFA compliance audit. The CPA's report must be part of the audit record, and must include a recalculation if a school's initial calculation was in error. The CPA's attestation report must indicate whether the school's determinations (including any relevant waiver or exception) are accurate. [[School required to notify the Department]] For each of the requirements and limitations given below, the school is required to notify the Department of its failure to meet a requirement, its falling within a prohibited limitation, or its ineligibility for a continued limitation waiver. Except for the specific notification requirements under the 85 Percent Rule, this notification must occur by July 31 following the end of an award year. [[Requirements to regain eligibility]] To regain its eligibility lost due to the requirements or limitations listed below, the school must demonstrate its compliance with all eligibility requirements and its ability to stay outside prohibited limits for at least one award year. Further, it must also show how its administrative practices and policies have been changed to ensure that it will not fall within prohibited limits in the future. THE 85 PERCENT RULE. To be eligible for SFA participation, a Proprietary Institution can derive no more than 85% of its revenues from the SFA programs. As specified in Section 600.5(d), a school must determine its revenue percentages using the following formula: [[The formula on page 3-12 is currently unavailable for viewing. Please reference your paper document for additional information.]] [[Refunds not counted in fraction]] In determining whether a school satisfies the 85 Percent Rule, the totals used in the fraction do NOT include refunds paid to or on behalf of students who have withdrawn, dropped out, been expelled, or otherwise failed to complete the period of enrollment. Charges for books, supplies, and equipment are not included in the fraction unless the amount is part of the tuition, fees, or other institutional charges. In figuring what SFA funds were used to pay tuition, fees, and other institutional charges, a school may assume that any SFA funds disbursed (or delivered) to or on behalf of a student were used for such costs, unless those costs were otherwise paid by-- - Grant funds provided by non-Federal public agencies, - Grant funds provided by independent private sources, or - Funds from qualified government agency job training contracts. [[Revenues from school activities]] In figuring revenues generated by school activities, include only revenue from activities that are conducted on campus or at a facility under the control of the school, that are performed under the supervision of a faculty member, and that are required for all students in a specific educational program at the school. The school's "85 Percent Rule" calculation must be attested to by a CPA, as discussed previously. [[Dear Colleague Letter]] The 85 Percent Rule was published in final regulations on April 29, 1994. However, P. L.. 103-333 precluded the Department from implementing the 85 Percent Rule regulations until July 1, 1995. As of July 1, 1995, the 85 Percent Rule will apply to all institutional eligibility determinations for Proprietary Institutions. The statutory delay in implementing the 85 Percent Rule will require special considerations for reporting and determining eligibility for the 1995- 96 award year. A discussion of these considerations is contained in a Dear Colleague Letter (DCL) scheduled for publication in the Spring of 1995. A summary of the information provided in the DCL follows - A Proprietary Institution must determine whether it satisfied the 85 Percent Rule during its most recently completed fiscal year, completed as of July 1, 1995. For example, for schools using a calendar year as their fiscal year, their most recently completed fiscal year is the one that ended on December 31, 1994. For those schools using the award year as their fiscal year, their most recently completed fiscal year will be the one that ends on June 30, 1995. - Schools that fail to satisfy the 85 Percent Rule lose their eligibility on the last day of that fiscal year. However, because of the statutory delay in implementing the 85 Percent Rule, schools that otherwise would have lost their eligibility prior to June 30, 1995 will be considered as losing their eligibility as of June 30, 1995. Thus, those schools will be ineligible to participate in the SFA programs beginning with the 1995-96 award year. - Schools have 90 days after their most recently completed fiscal year has ended to report to the Secretary if they did not satisfy the 85 Percent Rule for that period. However, because of the statutory delay in implementing the 85 Percent Rule, schools that otherwise would have had to notify the Department regarding their failure to satisfy the 85 Percent Rule prior to July 1, 1995 will have until July 10, 1995 or 90 days after the end of their fiscal year, whichever is later, to provide that notice to the Department. - Schools that determine that they satisfied the 85 Percent Rule during their most recently completed fiscal year must have the auditor who prepares their audited financial statement report on the accuracy of that determination based upon performing an "agreed-upon procedures attestation engagement." That report is submitted as part of the audited financial statement. However, if a school did not have its auditor make that report as part of the audited financial statement because of the temporary delay in implementing the 85 Percent Rule, the school has until July 31, 1995 or 90 days after the end of their fiscal year, whichever is later, to have that report submitted. - Finally, because the Department will implement the 85 Percent Rule starting with the 1995-96 award year, the Department will not hold any Proprietary Institution liable for any SFA program funds it received for the 1994-95 award year solely because it failed to satisfy the 85 Percent Rule in that year. A school must notify the Department of its failure to satisfy the 85 Percent Rule or, if it does satisfy the 85 Percent Rule, the school must submit the auditor's report to the Department at the following address: U.S. Department of Education Institutional Participation Division Room 3522, ROB-3 600 Independence Avenue, S.W. Washington, D.C. 20202 CORRESPONDENCE COURSE LIMITATION. An otherwise eligible institution is NOT eligible for SFA program participation if, for its latest complete award year, more than 50% of its COURSES are taught through correspondence.*2* CORRESPONDENCE COURSE -- A home study course provided to students who are not physically attending classes at the school; a course that is part residential and part correspondence. (Includes video courses unless students physically in attendance at the school receive the same video instruction in the same award year.) TELECOMMUNICATIONS COURSE -- A course offered principally through television, audio, or computer transmission, including open broadcast, closed circuit, cable, microwave, satellite, or audio or computer conferences. (Includes video courses if students physically attending the school also receive the video courses in the same award year.) [[Exceptions for certain institutions]] This requirement is waived for a school that offers a two-year associate degree or four-year baccalaureate degree program, if the students enrolled in correspondence courses receive no more than 5% of the total SFA funds received by all that school's students. This requirement also does not apply to an institution that mainly provides vocational adult education or job training (as defined under the Carl D. Perkins Vocational and Applied Technology Education Act). In calculating the percentage of correspondence courses, a correspondence course can be either a complete educational program offered by correspondence, or a single course offered by correspondence that is part of a larger, on-campus (residential) program. Regardless of how many times a course or program is offered during the award year, it is counted only once. (A course offered both through correspondence and on campus is counted as two courses when determining the total number of courses offered by the school.) The school's "Correspondence Course" calculation must be attested to by a CPA, as discussed previously. [[Head count]] CORRESPONDENCE STUDENT LIMITATION. An otherwise eligible institution is also not eligible for SFA program participation if, for its latest complete award year, 50% or more of its regular students are enrolled in correspondence courses. Telecommunications courses may be considered to be correspondence courses (see definitions and footnote on previous page). The rules for calculation of this percentage are the same as given previously for the calculation of the correspondence course percentage. The calculation should reflect a straight "head count" of students. That is, each regular student must be counted regardless of full-time or part-time attendance, and will be counted only once during an award year, regardless of withdrawal and re-enrollment. (Students who enrolled, withdrew, and subsequently received a full refund should not be included in the count.) The school's "Correspondence Student" calculation must be attested to by a CPA, as discussed previously. [[Waiver possible]] INCARCERATED STUDENT LIMITATION. An otherwise eligible institution is NOT eligible for SFA program participation if, for its latest complete award year, 25% or more of its regular STUDENTS are incarcerated.*3* If requested by the school, the Department may waive this limitation for a nonprofit school offering a two-year associate degree or a four-year baccalaureate degree program, upon the school's request. (For the purposes of this waiver, NONPROFIT includes public institutions.) For information on the eligibility of incarcerated students for SFA assistance, see Chapter Two. For a school offering ONLY four-year or two-year programs that lead to bachelor's or associate degrees, respectively, the waiver would apply to all programs offered at the school. However, if the school offers other types of programs, the waiver would apply to any of the school's four-year and two-year programs leading to a bachelor's or associate degree, respectively, and also to any other programs in which the incarcerated regular students enrolled have a 50% or greater completion rate. (The calculation of this completion rate is specified in Section 600.7(e)(2) of the Institutional Eligibility regulations, and must be attested to by a certified public accountant (CPA), as discussed previously.) If granted, the waiver extends as long as the school continues to meet the waiver requirements each award year. ABILITY-TO-BENEFIT LIMITATION. An otherwise eligible institution that does NOT offer a two-year associate degree or a four- year baccalaureate degree program is NOT eligible for SFA program participation if 50% or more of its regular enrolled students are admitted without a high school diploma or its equivalent (here called ability-to-benefit students). [[Waiver possible]] The Department may waive this limitation for a nonprofit school if it exceeds the limitation because it serves significant numbers of ability-to-benefit students through government agency contracts, such as a contract under the Job Training Partnership Act. Such a waiver is only possible if no more than 40% of the school's regular enrollment consists of ability-to-benefit students who are not served under the above-mentioned contracts. If granted, the waiver extends as long as the school continues to meet the waiver requirements each award year. The school's "Ability-To-Benefit" calculation must be attested to by a CPA, as discussed previously. "TWO-YEAR" RULE To be eligible as a Proprietary Institution or a Postsecondary Vocational Institution, the applicant institution must have provided continuous postsecondary instruction (and been legally authorized to do so) for at least two consecutive years. The educational program(s) offered must remain substantially the same in length and subject matter, except for changes made because of new technology or other Federal agencies' requirements. An additional location must also satisfy the two-year rule by operating independently for two years before it may be evaluated to be considered a free-standing institution. (Time as an additional location of an eligible Proprietary Institution or Postsecondary Vocational Institution does not count toward the two-year rule, but time as an eligible Institution of Higher Education or its additional location does.) A branch campus*4* seeking status as a main campus or free- standing institution is subject to the two-year rule, but its time as a branch campus counts toward the two years. (For more information on additional locations and branch campuses, including definitions of these two terms, see Section Ten of this Chapter.) FOREIGN SCHOOLS ELIGIBLE FOR FFEL PROGRAMS Subpart E of the Institutional Eligibility regulations establishes the eligibility criteria for foreign schools. In general, by law, foreign schools can participate in FFEL programs if they are comparable to an Institution of Higher Education as defined earlier in this section (also see Chapter Ten of this Handbook) and have been approved by the Secretary. Additionally, the above regulations added specific requirements for foreign medical schools.*5* [[Requirements for foreign medical schools]] To be eligible for FFEL participation, a foreign medical school must meet the same requirements as other foreign schools and must also-- - provide, and require its students to complete, a medical program of clinical and classroom instruction, not less than 32 months long, - have graduated classes during each of the two years preceding the school's application for eligibility, - for the above-mentioned medical program, employ only faculty members whose credentials are equivalent to the credentials of faculty teaching similar courses in U.S. medical schools, and - be accredited, for a public or private nonprofit school, by a recognized agency, or for all other schools, by an authorized agency whose standards have been determined, by a panel approved by the Department, to be comparable to U.S. standards of accreditation for medical schools. In addition, the law specifies the following requirements for foreign medical schools-- - at least 60% of the full-time regular students enrolled in the previous year (and 60% of the most recent graduates) must be other than U.S. citizens or nationals, permanent residents, or eligible non-citizens of the United States, and - at least 60% of the students and graduates (for the past three years) who took any step of an exam from the Educational Commission for Foreign Medical Graduates (ECFMG) including the ECFMG English testin the previous year must have received a passing score. A school not meeting all the 60% requirements can still be eligible if the school's clinical training program was approved by a State as of January 1, 1992 and is currently approved. Continued eligibility is dependent upon annual submission of the data and information that demonstrates compliance with these 60% requirements (or the exception). REPORTING INFORMATION ON FOREIGN SOURCES [[DCL GEN-95-12]] The law requires certain postsecondary schools (whether or not the school is eligible to participate in the SFA programs) to report ownership or control by foreign sources. The law also requires these postsecondary schools to report contracts with, or gifts from the same foreign source that, alone or combined, have a value of $250,000 or more for a calendar year. These reports must be filed with the Department by the January 31 or July 31, whichever is sooner, after the date of receipt of the gifts, date of the contract, or date of ownership or control. [[Definitions of gift and contract]] CONTRACT -- Any agreement for the acquisition by purchase, lease, or barter of property or services for the direct benefit or use of either of the parties. GIFT -- Any gift of money or property. A school (and each campus of a multicampus school) must report this information if the school-- - Is legally authorized to provide a program beyond the secondary level within a State, [[Who must report]] - Provides a program for which it awards a bachelor's degree or a more advanced degree, or at least a 2-year program acceptable for full credit toward a bachelor's degree, - Is accredited by a nationally recognized accrediting agency, and - Is extended any Federal financial assistance (directly or indirectly through another entity or person), or receives support from the extension of any Federal financial assistance to the school's subunits. Each disclosure report to the Department must contain-- - For gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of the gifts and contracts attributable to a particular country.*6* [[Contents of disclosure report]] - In the case of a school that is owned or controlled by a foreign source, the identity of the foreign source, the date on which the foreign source assumed ownership or control, and any changes in program or structure resulting from the change in ownership or control. - For gifts received from or contracts entered into with a foreign government, the aggregate amount of the gifts and contracts received from each foreign government. - For restricted or conditional gifts received from or restricted or conditional contracts entered into with a foreign source (other than a foreign government), the amount, date of receipt of the gift or date of the contract, and description of the conditions and restrictions. - For restricted or conditional gifts received from or restricted or conditional contracts entered into with a foreign government, the amount, the date of receipt of the gift or date of the contract, a description of the conditions or restrictions, and the name of the foreign government. RESTRICTED OR CONDITIONAL GIFT OR CONTRACT - any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding-- - the employment, assignment, or termination of faculty, - the establishment of departments, centers, research or lecture programs, or new faculty positions, - the selection or admission of students, or - the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion. In lieu of the reporting requirements listed above-- - If a school is in a State that has substantially similar laws for public disclosure of gifts from, or contracts with, a foreign source, a copy of the report to the State may be filed with the Department. The school must provide the Department with a statement from the appropriate State official indicating that the school has met the State requirements. - If another department, agency or bureau of the Executive Branch of the Federal Government has substantially similar requirements for public disclosure of gifts from, or contracts with, a foreign source, the school may submit a copy of this report to the Department. Because Dear Colleague GEN-95-12 was the first official notification to schools of these reporting procedures, the reports due July 31, 1995 should include an itemization of all gifts received and contracts entered into, and ownership or control by a foreign source since July 23, 1992 (the effective date of the law). However, a school is required to report gifts or contracts only if the value is $250,000 or more from any single foreign source in any of these calendar year periods: July 23, 1992--December 31, 1992; January 1, 1993--December 31, 1993; January 1, 1994--December 31, 1994; and/or January 1, 1995--July 31, 1995. For subsequent reports, the January 31 report should cover the period July 1--December 31 of the previous year, and the July 31 report should cover January 1--June 30 of the same year. Reports should be sent to-- [[Where to send reports]] If by mail... U.S. Department of Education Institutional Participation Division Foreign Gift Team 600 Independence Avenue, S.W. Washington, D.C. 20202-5323 If by fax... (202)260-6107 ATTN: Foreign Gift Team If by overnight mail or courier delivery... U.S. Department of Education Institutional Participation Division Foreign Gift Team 7th and D Streets, S.W. GSA Building Room 3030 Washington, D.C. 20407 If by Internet... forgift@sfa.ope.ed.gov If a school fails to comply with the requirements of this law in a timely manner, the Department is authorized to undertake a civil action in Federal District Court to ensure compliance. Following a knowing or willful failure to comply, a school must reimburse the Treasury of the United States for the full costs of obtaining compliance with the law. All information provided by schools under this law is open to inspection and duplication by members of the public. PROGRAM ELIGIBILITY REQUIREMENTS To qualify as an eligible institution, a school must offer at least one eligible program. As stated previously, not all programs at an eligible institution will necessarily be eligible, but at least one of the programs at the school must meet the eligible program requirements. [[Institution of Higher Education]] A school qualifies as an Institution of Higher Education if (in addition to meeting all other eligibility requirements) it offers a program that leads to an associate, bachelor's, professional, or graduate degree. For such programs, there are no minimum program length requirements. However, a school may also qualify as an Institution of Higher Education if it offers a program of at least two academic years in duration that is acceptable for full credit toward a bachelor's degree, or a program of at least one academic year in duration that leads to a certificate, degree, or other recognized credential and prepares students for gainful employment in a recognized occupation.*7* [[Proprietary or Postsecondary Vocational Schools]] There are three types of eligible programs that will qualify an otherwise eligible school as a Proprietary Institution or a Postsecondary Vocational Institution. All of these three programs are required to have a specified number of weeks of instruction, and must provide training that prepares a student for gainful employment in a recognized occupation. [[Undergraduate programs]] The FIRST TYPE of eligible program is one that must provide at least 600 clock hours, 16 semester or trimester hours or 24 quarter hours of undergraduate instruction offered during a minimum of 15 weeks. The program MAY admit as regular students persons who have not completed the equivalent of an associate degree. [[Shorter programs]] The SECOND TYPE of eligible program is one that must provide at least 300 clock hours, 8 semester hours, or 12 quarter hours of instruction offered during a minimum of 10 weeks. The program must be a graduate or professional program OR admit as regular students ONLY persons who have completed the equivalent of an associate degree. Effective July 1, 1993, this type of program may qualify for purposes of ALL the SFA programs, not just the FFEL programs. [["Short-term" programs]] The THIRD TYPE of program is the "short-term program." A SHORT-TERM PROGRAM QUALIFIES FOR THE FFEL AND DIRECT LOAN PROGRAMS ONLY. A short-term program must provide at least 300 but less than 600 clock hours of instruction offered during a minimum of 10 weeks. The program must admit as regular students SOME persons who have not completed the equivalent of an associate degree. These programs must also satisfy the qualitative factors for completion rates, placement rates, length of the program and period of existence of the program. Specifically, these programs must-- [[Qualitative factors for short-term programs]] - Have a verified completion and placement rate of at least 70%, - Be not more than 50% longer than the minimum training period required by the State (or Federal agency), if any, for the occupation for which the program of instruction is intended, and - Have been in existence for at least one year. For the purpose of demonstrating compliance with these qualitative factors, a school must calculate the completion and placement rates FOR THE AWARD YEAR, as explained below. As discussed previously in this Section (in relation to the 85 Percent Rule) the CPA who prepares its compliance audit report must attest to the accuracy of the school's calculation of completion and placement rates. [[The "Completion Rate Calculation" on page 3-23 is currently unavailable for viewing. Please reference your paper document for additional information.]] [[The "Placement Rate Calculation" on page 3-24 is currently unavailable for viewing. Please reference your paper document for additional information.]] [[School must document employment]] The school must document the employment of any student it includes as "employed" in the placement rate calculation. Examples of such documentation would include, but are not limited to, a written statement from the employer, signed copies of State or Federal income tax forms, or written evidence of payments of Social Security taxes. [[Definition of comparable occupation]] The school must reasonably determine whether a related occupation is comparable. For instance, for a student who was trained as an auto mechanic, it is reasonable to determine that a job as a boat mechanic is comparable. However, for a person trained in retail sales management, a counter-service job at a fast-food restaurant is not comparable. THE 12-HOUR RULE The three types of eligible programs discussed above, which qualify an otherwise eligible school as a Proprietary Institution or a Postsecondary Vocational Institution, are required to have a specified number of "weeks of instruction." The requirements for a "week of instruction" are similar to those for a "week of instructional time" for the academic year definition. (See the discussion of academic year on pg 3-26.) [[Week of instruction]] For all programs except those measured in credit hours without standard terms, a "week of instruction" is any seven-day period in which at least one day of regularly scheduled instruction, examination, or preparation for examinations occurs. Instruction does not include periods of orientation, counseling, vacation, or other activity not related to class preparation or examination. [[Final Rule 11-29-94]] For the 1994-95 award year, for educational programs measured in credit hours without standard terms (semesters, trimesters, or quarters), a week of instruction had to include at least five days of instruction, examinations, or preparation for examinations within a consecutive seven-day period. Beginning with the 1995-96 award year, a week of instruction for these programs must instead include at least 12 HOURS of instruction, examinations, or preparation for examination within a consecutive seven-day period. [[Minimum number of weeks, minimum number of hours]] The 12-hour rule in effect requires a school to demonstrate that certain programs have not only a minimum number of weeks, but also a minimum number of hours. For example, in order for a program to meet the eligible program definition that requires at least 600 clock hours, 16 semester or trimester hours, or 24 quarter hours of instruction, examinations, or preparation for examinations offered during a minimum of 15 weeks of instruction, the program must meet for a minimum of 15 calendar weeks over which a MINIMUM OF 180 HOURS OF INSTRUCTION, examinations, or preparation for examinations occur (12 hours of instruction, examinations, or preparation for examinations for 15 calendar weeks). A school that wants to set its program to be only 15 calendar weeks long would therefore have to meet an average of 12 hours per week for the 15 calendar week period in order for the program to be eligible. A school with a program that meets less frequently than 12 hours a week would have to meet for enough weeks to provide 180 hours of instruction, examinations, or preparation for examinations. For example, a program meeting six hours per week would have to be 30 calendar weeks long in order to be eligible under this provision. [[Inclusion of holidays]] Because the 12-hour rule does not require a school to offer instruction, examinations, or preparation for examinations on specific days, an institution may not include a holiday for these calculations unless regularly scheduled instruction, examinations, or preparation for examinations occurs on that day. ACADEMIC YEAR REQUIREMENTS [[30-week minimum of instructional time]] Every eligible program, including graduate programs, must have an academic year that contains a minimum of 30 weeks of instructional time. In addition, for undergraduate programs, the law requires that, over the minimum of 30 weeks of instructional time, a full-time student must be expected to complete at least 24 semester or trimester hours, 36 quarter hours, or 900 clock hours. A school may determine on its own the amount of work a full-time graduate or professional student is expected to complete over an academic year. [[Determining academic year length]] A school may have different academic years for different programs, but must use the same academic year (1) for calculating all SFA awards for students enrolled in a particular program and (2) for all other SFA program purposes. To determine the number of weeks of instructional time, a school must count the period that begins on the first day of classes and ends on the last day of classes or examinations. [[Definition of a week]] For all programs except those measured in credit hours without standard terms, a "week of instructional time" is any seven day period in which at least one day of regularly scheduled instruction, examination, or preparation for examinations occurs. (Instructional time does not include periods of orientation, counseling, vacation, or other activity not related to class preparation or examination.) The requirements for a "week of instructional time" are similar to those for a "week of instruction" for the eligible program definitions (see pg. 3-24). [[Final Rule 11-29-94]] For the 1994-95 award year, for educational programs measured in credit hours without standard terms (semesters, trimesters, or quarters), a week of instructional time had to include at least five days of instruction, examinations, or preparation for examinations within a consecutive seven-day period. Beginning with the 1995-96 award year, a week of instruction for these programs must instead include at least 12 HOURS of instruction, examinations, or preparation for examinations within a consecutive seven-day period. [[30 calendar-week year assumes class meets 13 hours per week]] This requirement is to be implemented in the same manner as the 5- day rule. For example, a school wishing to set its academic year to be only 30 calendar weeks long (for this purpose a calendar week is seven consecutive days) would have to meet an average of 12 hours per week for the 30 calendar-week period. A school with a program that meets less frequently than 12 hours a week would have to meet enough calendar weeks to provide 360 hours of instruction, examinations, or preparation for examinations (30 calendar weeks x 12 hours per week) in order to have a program offered over a full academic year (equivalent to 30 weeks of INSTRUCTIONAL time). For example, if a school wants to establish an academic year of 30 weeks of instructional time for a credit-hour, nonterm program that meets 10 hours a week, the school would need to have approximately 36 calendar weeks (36 calendar weeks x 10 hours per week = 360 hours of instruction, examinations, or preparation for examinations) in order to have the equivalent of 30 weeks of instructional time for a full academic year. Therefore, in this example, a student enrolled in this program would not be eligible to take out another Stafford loan until he or she had completed the required amount of work and 36 calendar weeks had elapsed. A school must also use this method to determine when one-third and two-thirds of an academic year have occurred. [[Pell Calculations]] When calculating awards under the Pell Grant program, a school must always use weeks of instructional time (see Chapter Four of this Handbook). However, the length of the academic year in calendar weeks will probably exceed the number of weeks of instructional time. [[Inclusion of holidays]] Because the 12-hour rule does not require a school to offer instruction, examinations, or preparation for examinations on specific days, a school may not include a holiday as a day of instruction unless regularly scheduled instruction, examinations, or preparation for examinations occurs on that day. For more information on the effects of the 12-hour rule on a particular SFA program, see the relevant program chapter in this Handbook. [[Reductions in academic year length]] The law permits schools that provide two-year or four-year associate or baccalaureate degree programs to apply to the Department if they want to establish a full academic year of less than 30 weeks of instructional time. The Department is permitted to grant a reduction in the length of an academic year to no less than 26 weeks of instructional time. Under the law, these schools would be permitted to have an academic year of less than 30 weeks of instructional time (but no less than 26 weeks of instructional time) without any reduction in the amount of SFA funds that a student enrolled in those programs is eligible to receive for an entire academic year. Currently, there are two types of reductions. [[Transitional reductions]] A TRANSITIONAL REDUCTION is available to schools that had an academic year of 26-29 weeks as of July 1, 1994, and need a period of transition to lengthen the academic year of their programs to 30 weeks. A transitional reduction cannot extend beyond July 1, 1996. [[Long-term reductions]] A LONG-TERM REDUCTION is available to schools that want to begin or continue to operate with a reduced academic year on a long-term basis. This type of reduction must be renewed each time a school is required to apply for recertification. When evaluating a school's application for a reduction, the Department will consider factors such as-- - the school's compliance with awarding and disbursement procedures based on the academic year requirements of the Higher Education Amendments of 1992, - the approval of the academic year by the school's accrediting agency or State agency, - the hours of attendance and other coursework that a full-time student is required to complete in the academic year, and - any unique circumstances the justify granting the request. For further details on the information required for submission of a request for a reduction, see CFR 668.3. [[Final Rule 11-29-94]] The November 29, 1994 final regulations clarify that a school that is ineligible for a reduction in the length of an academic year because the school was not in compliance with awarding and disbursement procedures, may be eligible if the school makes arrangements with the Department to repay any resulting liabilities. CLOCK HOUR/CREDIT HOUR CONVERSIONS [[Units of measurement --clock hours vs. credit hours]] A student's period of attendance is measured according to several commonly accepted academic standards. A clock hour is based on an actual hour of attendance, though each hour may include a ten- minute break. Credit hours are typically based on two hours of homework for each hour of class attendance. It is not allowable to count more than one clock hour per 60-minute period; in other words, a school cannot schedule several hours of instruction without breaks, and then count clock hours in 50-minute increments. The result would be that seven hours of consecutive instruction would count as 8.4 clock hours (420 minutes ¸ 50 minutes = 8.4 hours). Seven real-time attendance hours CANNOT count for more than seven clock hours. [[Credit hours --semester hours vs. quarter hours]] The difference between semester hours and quarter hours is significant. A semester term at a traditional school may last 16 weeks, allowing for 15 weeks of classes and an exam week. Thus, one semester hour would consist of 15 hours of class and 30 hours of preparation. Since an academic quarter consists of 10 weeks of class and an exam week, a quarter hour would be made up of 10 hours of class and 20 hours of preparation. Based on this comparison, a quarter hour represents 2/3 of the academic work required by a semester hour. The difference between semester and quarter hours is reflected in the standards for minimum program length -- a 15- week training program must be at least 16 semester hours or 24 quarter hours. (The same distinction is made when defining an academic year and full-time enrollment.) [[Clock hour measurement required for some]] In 1989, the Institutional Eligibility regulations were amended to require a school to use clock hours for determining SFA program eligibility if the school's State licensing agency required a school to measure its educational programs in clock hours in order to be legally authorized or as part of applying for a license or charter. THE REGULATIONS PUBLISHED APRIL 29, 1994 OMITTED THE SPECIFIC LANGUAGE OF THIS REQUIREMENT; however, schools must still comply with this requirement if mandated by the school's State licensing agency. [[Clock-to-credit conversion requirements]] Further, Sections 668.8 and 668.9 of the General Provisions regulations, published on July 23, 1993, required certain institutions that offer an undergraduate vocational program in credit hours to use a specific clock-to-credit hour formula to determine if that program meets the SFA program eligibility criteria and to determine the total number of credit hours in that program, for SFA program purposes. This change was made in response to past program abuses, and was intended to prevent a school from artificially inflating a program's length by converting from clock hours to credit hours. [[Exceptions]] [[Final Rule 11-29-94]] Undergraduate associate, bachelor's, or professional programs of at least two years are exempt from these requirements. A program is also exempt if each course within the program is fully acceptable for credit toward one of those degree programs at the school. The November 29, 1994 final regulations reinstate an additional exemption (removed for the 1994-95 award year) for programs that lead to a degree and that are equivalent to an associate, bachelor's, or professional program of at least two years. A program is also exempt if each course within the program is fully acceptable for credit toward the equivalent degree program at the school. THIS FINAL EXEMPTION DOES NOT PERMIT A NON-DEGREE PROGRAM TO SEEK A DETERMINATION THAT IT IS EQUIVALENT TO A DEGREE PROGRAM. Finally, P. L. 103-382 exempts public or private nonprofit hospital- based diploma schools of nursing from using any clock-to-credit hour formula to calculate awards for the SFA programs. Although this law was signed by the President on October 20, 1994, it is effective retroactively to July 1, 1994. [[Ongoing litigation]] These clock to credit hour conversion final regulations are currently under litigation and their enforcement is subject to a preliminary injunction. A decision from the District Court is pending. The Department will not enforce these regulations unless a favorable decision is issued by the courts. INTERPRETING ELIGIBLE PROGRAM REQUIREMENTS [[Program length and educational credentials]] Generally, a student must be enrolled in an eligible program to receive SFA funds. A school's eligibility does not necessarily extend to all its programs, as is illustrated on the facing page. Two of the basic characteristics of an eligible program are its length and the educational credentials it offers. As discussed earlier, certain eligible programs must meet minimum program length requirements. [[Programs that meet more than one definition]] A school's eligibility extends to all eligible programs and locations that were identified on the school's application for participation, unless the Department determined that certain school programs or locations did not meet the eligibility requirements. In general, the school's eligible non-degree programs and locations are specifically named on the approval notice. Locations and program can be added later; the related requirements and procedures are discussed in Section Ten of this Chapter. The school is ultimately responsible for ensuring that a program is eligible BEFORE awarding SFA funds to students in that program. The school should review such factors as the length of the program, the program's admissions requirements, and the degree or certificate awarded upon completion. In addition, the school should make certain that the program is included under the notice of accreditation from a nationally recognized accrediting agency (unless the agency does not require that particular programs be accredited), and is authorized by the appropriate State agency to offer the program (if the State licenses individual programs at postsecondary institutions). As noted previously, a school's educational programs may meet more than one statutory definition. It is imperative to understand the various requirements and know which take precedence. [[The chart on page 3-31 is currently unavailable for viewing. Please reference your paper document for additional information.]] ADDITIONAL ELIGIBLE PROGRAM REQUIREMENTS Several SFA programs have additional requirements that an educational program must meet to be eligible. For example, only UNDERGRADUATE EDUCATIONAL PROGRAMS are eligible under the Pell Grant and FSEOG programs. Further, CORRESPONDENCE PROGRAMS are not eligible unless they meet the general requirements for an eligible program and are required for the student's regular program of study, leading to a degree or certificate. As mentioned earlier in this Section, certain telecommunications courses may be considered correspondence courses and therefore may be subject to the same requirements. [[ESL programs]] [[Final Rule 11-29-94]] An ENGLISH AS A SECOND LANGUAGE program is eligible ONLY for Pell Grant assistance. It must meet the general requirements for an eligible program (leads to a degree or other credential) and may admit only students who need instruction in English to be able to use the knowledge, training, or skills they already have. (The school must document its determination that the ESL instruction is necessary for each student enrolled.) For the 1994-95 award year, schools were required to test each student at the end of the program to substantiate that the student had attained adequate proficiency in written and spoken English to use already existing knowledge, training, or skills. This requirement has been removed beginning with the 1995-96 award year. A school may request an eligibility determination from IPD for an ESL program. (Remember, a student may receive SFA funds for ESL coursework that is part of a larger eligible program.) [[Study abroad programs]] In previous years, schools have had difficulty determining the eligibility of Study Abroad programs. However, the law clarifies that Study Abroad courses are eligible for SFA funds, regardless of whether they are REQUIRED for the student's program of study, as long as they are ACCEPTED FOR CREDIT in the student's program. Other language in the law requires schools to notify Study Abroad students of the availability of such assistance, and to certify on the new Program Participation Agreement that they will not deny SFA funds to such students. (An eligible Study Abroad program must also meet the contractual requirements discussed in Section Six of this Chapter.) [[Flight school]] Under the FFEL programs, a FLIGHT SCHOOL PROGRAM must maintain current valid certification by the Federal Aviation Administration to be eligible. *1* An accredited or pre-accredited school must agree to submit, for any dispute involving the termination of accreditation, to binding arbitration before initiating any other legal action. *2* A telecommunications course is considered to be a correspondence course if the sum of telecommunications courses and other correspondencecourses provided by the school during its latest complete award year was equal to or more than 50% of the total courses provided that year. *3* An "incarcerated student" is a student who is serving a criminal sentence in a Federal, State, or local penitentiary, prison, jail, reformatory, work farm or other similar correctional institution. (Does not include detention in a halfway house, home detention, or weekend-only sentences.) *4* A "branch campus" is geographically apart and independent of the main campus of an institution. It must be permanent in nature, offer courses in educational programs leading to a degree, have its own faculty and administration, and have its own budgetary and hiring authority. *5* A "foreign medical school" is defined as a school that is not located in a State, and is qualified and listed as a medical school in the most current World Directory of Medical Schools, published by the World Health Organization (WHO). *6* The country to which a gift or a contract is attributable is the country of citizenship, or, if unknown, the principal residence for a foreign source who is a natural person and the country of incorporation, or if unknown, the principal place of business for a foreign source which is a legal entity. *7* A "recognized occupation" is either one that is listed in the "occupational division" of the Dictionary of Occupational Titles (published by the U.S. Department of Labor), or one that is considered by the Department, in consultation with the Department of Labor, to be a recognized occupation. |