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Student Eligibility and Financial Need - Student Eligibility

AwardYear: 1996-1997
EnterChapterNo: 2
EnterChapterTitle: Student Eligibility and Financial Need
SectionNumber: 1
SectionTitle: Student Eligibility
PageNumbers: 3-48


This section addresses the student eligibility criteria common to most
Student Financial Assistance (SFA) Programs. Although programs
vary, basic requirements (such as citizenship and satisfactory
progress) remain the same for every student--whether the student is
applying for grants, loans, or work-study. (See chapters 4 through 10
for information on specific requirements that apply to individual
programs.)

Student eligibility criteria are often affected by requirements or
policies determined by individual schools. For instance, a student
must be meeting satisfactory academic progress standards to receive
aid; a school, however, must have established a satisfactory progress
policy for the purpose of monitoring whether the student meets the
required standards. Note that many institutional requirements
mentioned in this chapter are also discussed in detail in Chapter 3.

CITIZENSHIP

A student must be in one of the citizenship categories that follow in
order to be eligible for aid through the SFA Programs. An individual
who is in category 1, 2, or 4 and who attends an eligible school in the
United States may receive any type of aid through the SFA
Programs. If attending foreign schools that participate in the Federal
Family Education Loan (FFEL) Program, these individuals may also
receive FFELs. In the case of parents who want to take out a Federal
PLUS Loan for a dependent undergraduate student, the parent(s) and
the student must be U.S. citizens or nationals, permanent residents,
or eligible noncitizens (that is, they must meet the requirements
stated in categories 1, 2, or 4). An individual in category 3 is eligible
to receive only Federal Pell Grants, Federal Supplemental
Educational Opportunity Grants (FSEOGs), and Federal Work-Study
(FWS) funds.

[[Eligibility categories]]
1. A U.S. CITIZEN OR NATIONAL. The term "national" includes
citizens of American Samoa and Swain's Island.

2. A U.S. PERMANENT RESIDENT. A permanent resident's
citizenship status should be evidenced by a Student Aid Report
(SAR)*1* comment indicating that an Immigration and
Naturalization Service (INS) match has been successful. If no such
comment appears on the SAR, the permanent resident must
provide the school with INS documentation verifying his or her
residency status.

3. CITIZENS OF CERTAIN PACIFIC ISLANDS. Otherwise
eligible citizens of the Republic of the Marshall Islands, the
Federated States of Micronesia (the former Trust Territories), or
the Republic of Palau may receive only three types of SFA
Program aid: Federal Pell Grants, Federal Supplemental
Educational Opportunity Grants (FSEOGs), and Federal Work-
Study (FWS) funds. (See Appendix A for more information.)

4. OTHER ELIGIBLE NONCITIZENS. Refugees, persons granted
asylum, Cuban-Haitian entrants, those with temporary residents
status under the Immigration Reform and Control Act of 1986, and
others are included in this category. Such individuals must provide
the school with INS documentation indicating that they are in the
United States not with the intention of staying temporarily but
with the intention of becoming U.S. citizens or permanent
residents. (See Appendix A for detailed explanations about
eligible noncitizens and required INS documentation.)

[[A-numbers]]
The U.S. Department of Education collects Alien Registration
Numbers (A-Numbers) during the application process in order to
verify the citizenship statuses of U.S. permanent residents and other
eligible noncitizens. (The INS assigns A-Numbers to all legal
immigrants.)

INS MATCH

If the applicant indicates on the FAFSA that he or she is an eligible
noncitizen, identifying information from the FAFSA is automatically
sent to the INS. This verification process, performed by the INS, is
known as "Primary Confirmation."

[[Match with INS records]]
If an INS match is attempted but the student's data are not confirmed,
a 13-digit INS Verification Number is assigned to the student and is
printed in the FAA Information area on the SAR. In this case, the
student's data generally must be checked through the Secondary
Confirmation process (discussed below). Note that this INS
Verification Number must be provided in Block 6 of the Secondary
Confirmation Request Form (G-845S).

If a student mistakenly reports that he or she is a citizen rather than
an eligible noncitizen, the school may make the correction
electronically, or the student may correct the mistake on the SAR. In
either case, the student must be sure to provide his or her A-Number.
The CPS then processes the student's correction and conducts a
match with the INS database.

[[INS Verification Numbers]]
As mentioned, if a student's status is not confirmed after an INS
match is attempted, the INS will assign the student an INS
Verification Number printed in the FAA Information area on the
SAR. Note that if no INS match can be made because a student fails
to provide an A-Number on the application, that student will not
receive an INS Verification Number. In this case, the SAR should be
resubmitted with the A-Number so that a computer match may be
attempted.

NEW SSA MATCHING SYSTEM

[[NEW]]
[[New SSA match verifies SSNs AND citizenship status]]
For 1996-97, if the student indicates on the FAFSA that he or she is a
U.S. citizen, the application automatically goes though the new
Social Security Administration (SSA) matching system, which
verifies both U.S. citizenship status and SSNs. (Prior, the SSA
conducted a match that verified only Social Security Numbers
[SSNs].) In the new system, citizenship information reported by the
student is matched with SSA database information. The result of the
SSA match is reported differently on the student's SAR than on the
institution's ISIR. A comment code and a comment explaining the
result are printed on the student's SAR. Comment 146 is printed if
the SSA did not confirm U.S. citizenship status, and Comment 62 is
printed if the SSA could not verify citizenship because there was no
match with the student's SSN, name, or date of birth. On the ISIR,
only the comment code is printed. See Action Letter #8, March 1996,
"A Guide to the 1996-97 SARs and ISIRs," for more information.

For resolution on SSN match results regarding SSN, name, or date of
birth, see 1994-95 Action Letter #3 Table A. Match results are
provided on SARs and ISIRs as indicated in the 1996-97 SAR
Comment Activity for Matches and Hold Files.

When a student's reported data conflict with the SSA database--or
when no citizenship match can be performed--he or she will receive
Comment 146 on his or her SAR, along with a SAR flag "C." A
student who receives this comment must provide the school with
documentation substantiating his or her claim to be a citizen or
eligible noncitizen. Again, a student claiming to be an eligible
noncitizen must resubmit his or her SAR, which must include the A-
Number.

SECONDARY CONFIRMATION

[[NEW]]
In prior years, if an institution had conflicting information about a
student's citizenship status or if the INS was unable to confirm a
student's claim to be an eligible noncitizen, the institution had to
collect additional documentation. This collection of additional
material is known as "Secondary Confirmation." For the 1996-97
award year, schools are not required, in certain circumstances, to
conduct Secondary Confirmations. The new regulations addressing
changes in Secondary Confirmation requirements appear in Part
668.133(b) of the Final Rule published December 1, 1995. The
following paragraph explains the policy change.

[[Exception to Secondary Confirmation requirement]]
As long as the institution has no conflicting information about a
student and as long as the institution has no reason to doubt the
student's claim of having eligible noncitizen status, Secondary
Confirmation is not required

- if, in a previous award year, an institution determined the student
to be an eligible noncitizen after the institution performed
Secondary Confirmation, and the documents used for that
Secondary Confirmation have not expired.

[[Secondary Confirmation requests without Verification Numbers]]
Secondary Confirmation requests sent to INS without Verification
Numbers will be returned unprocessed--with one exception: If the
school must perform Secondary Confirmation solely because
technical processing difficulties prevented a computer check from
occurring, the student will receive SAR Comment 145, and no INS
Verification Number will be printed. In this case, the school must
write (preferably in red) at the top of the G-845S form "Comment
145 Present, Application Processed on _______ [processing date
from SAR]."

If the student's data did not go through the match because he or she
failed to provide an A-Number on the application, the student will
not receive a Verification Number. However, in this case, the SAR
should be resubmitted with the A-Number so that the computer
match may be attempted.

CHANGES IN CITIZENSHIP STATUS DURING THE AWARD
YEAR

[[Pell & campus-based funds]]
If a student becomes a citizen or eligible noncitizen at any time
during the award year, that student may be paid Pell Grant or
campus-based funds as if he or she had been eligible the entire award
year. For example, if a student attending school during the 1996-97
award year (July 1, 1996 to June 30, 1997) is granted permanent-
resident status in May 1997 and is still enrolled in school at that time,
that student may receive Pell Grant and campus-based funds as if he
or she had been eligible every term that the school considers part of

[[FFELs & Direct Loans]]
Similarly, if a FFEL or Direct Loan borrower becomes a U.S. citizen
or an eligible noncitizen during a period of enrollment, his or her
loan limit is equal to the limit that he or she would have been
allowed had he or she been a U.S. citizen or an eligible noncitizen
during the full enrollment period. Consider the case of a first-year
student who has sufficient need for a full Stafford Loan ($2,625) but
whose citizenship status renders him or her ineligible for an SFA
loan. Suppose that this student enrolls in a two-year program in
which he or she begins classes in July 1996 and advances to second-
year status in May 1997. If the student becomes a citizen or eligible
noncitizen before May 1997, he or she would be eligible to receive
the maximum Stafford Loan for the first year and another loan for
the second year, provided that the student continues to meet the
necessary eligibility requirements and does not exceed aggregate
borrowing limits.

If, on the other hand, the student becomes a U.S. citizen or eligible
noncitizen after May 1997--when he or she has already reached
second-year status--different rules apply: The student is not allowed
to receive a loan for the first year but is allowed to receive the full
amount for which he or she is eligible as a second-year student.
Because an enrollment period (the period, as defined by the school,
for which the loan is made) must coincide with academic terms such
as an academic year, semester, trimester, quarter, or other academic
period (as defined by the school), the period of enrollment cannot be
adjusted to cover any part of the first year.

A school is required to check a student's citizenship eligibility status
only when aid is first disbursed during the award year (or, for FFELs
and Direct Loans, when aid is first disbursed during the period of
enrollment). If a student loses citizenship or eligible noncitizenship
status during an award year or during a period of enrollment, the
school does not need to take any action to prevent the student from
receiving aid.

NATIONAL STUDENT LOAN DATA SYSTEM (NSLDS)

In order to make sure that SFA funds are appropriately awarded,
schools are required to obtain the financial aid history of students
before disbursing aid. Financial aid information is evaluated by aid
administrators to ensure that students (for instance, transfer students)
do not receive overpayments, to ensure that maximum limits for SFA
Programs are not exceeded, and to ensure that students who are in
default or who owe repayments do not receive SFA funds until the
problems are appropriately resolved. To aid schools in accessing
relevant financial aid information, the Department has made the
National Student Loan Data System (NSLDS)--a comprehensive
database containing selected federal financial aid histories of SFA
fund recipients--available to schools. (See Chapter 3, Section 4 for
more on NSLDS.)

In the past, schools had to obtain financial aid histories by using the
paper financial aid transcript (FAT) process--that is, by requesting
paper FATs.

[[NSLDS may be used to meet regulatory requirements]]
Beginning with the 1996-97 award year, however, schools may use
information from the NSLDS in meeting regulatory requirements to
obtain financial aid transcript information. Regulations published in
the December 1, 1995 Federal Register permit schools to use
information from the NSLDS as an alternative to obtaining paper
FATs. The Department will be providing further guidance
concerning the use of the NSLDS for this purpose. Though schools
are encouraged to use the NSLDS system rather than the paper FAT
system, either is acceptable. Of course, throughout the required
retention period, the school must keep documentation of its receipt of
FAT information obtained through NSLDS. When a student's
financial aid information is updated in the NSLDS, subsequent SARs
and ISIRs will reflect the new information.

[[NEW]]
For 1996-97, the NSLDS information provided on the SAR is much
more comprehensive than it was in 1995-96. Note that for the
purposes of discussing the NSLDS, the term "SAR" refers to the
Student Aid Report going to the student and containing the NSLDS
page. "ISIR" refers to the Institutional Student Information Record
that the Department sends to the institution and that contains the
NSLDS financial aid history information.

[[NSLDS information on SARs & ISIRs]]
Following is information about the NSLDS that schools should find
useful. The NSLDS data on SARs and ISIRs include information on
the FFEL and Direct Loan programs; payment information for the
Federal Pell Grant Program; and overpayment information for the
Federal Pell Grant, Federal Supplemental Educational Opportunity
Grant (FSEOG), and Perkins Loan programs. Note that the NSLDS
does not report data on the Federal Work-Study (FWS) Program, on
the State Student Incentive Grant (SSIG) Program, or on the FSEOG
Program (except for FSEOG overpayment information) because
there are no statutory or regulatory constraints that need to be
monitored before SFA funds may be administered through these
programs.

[[Data not reported]]
The NSLDS information reported on SARs and ISIRs for 1996-97
includes:

- An indicator of whether the applicant is in default on a Title IV
student loan. Default status will continue to generate comments on
the SAR, comment codes on the ISIR, and a "C" indicator on both
documents.

- A listing of defaulted loans in the student's name, including the
type of loan (that is, whether the loan is subsidized, unsubsidized,
a Perkins Loan, a FFEL, etc.), the default date, the outstanding
balance, the loan period, identifiers indicating the guaranty agency
(if a FFEL), the school that administered the loan, the current
servicer, and--if ED is holding the loan--the regional office
holding it. The NSLDS information will also include an indicator
showing whether there are more defaulted loans than will fit on
the NSLDS page. If so, the school may access NSLDS directly
(through Title IV Wide Area Network) for additional information.

- An indicator showing whether the applicant owes an overpayment
on an SFA grant or a Perkins Loan.

- Information on whether the student filed for a bankruptcy
protection on a Title IV debt.

- Information on the aggregate amounts the student borrowed under
all applicable loan programs. (Aggregate amounts only include the
portion of SFA loans that have been disbursed. Schools may need
to make adjustments to account for the amount still to be
disbursed.) If Consolidation Loan amounts are listed and if the
outstanding principal balance may affect student eligibility for
additional loan amounts, the school must log into NSLDS to find
what portions of the Consolidation Loan should be attributed to
each of the loan types.

- The cumulative amount of Perkins Loans disbursed to the student
and, for the current award year, the annual amount of Perkins
Loans disbursed.

- Indicators if the applicant had an outstanding balance on a
National Direct Student Loan (NDSL) or a National Defense Loan
(Defense Loan) borrowed before July 1, 1992 or an outstanding
balance on an NDSL, a Defense Loan, or a Perkins Loan borrowed
before October 1, 1987. This information is needed to determine
promissory note provisions for new Perkins Loans or NDSLs.

- Indicators showing if any Perkins Loans were awarded under the
Expanded Lending Option (ELO), which changes the cumulative
maximum allowed.

- Details--for the purpose of providing schools with information
needed to monitor annual loan limits and frequency of the receipt
of these loans--on up to three FFEL and/or Direct Loans made for
loan periods beginning as of January 1, 1994.

For information on the five methods by which a school may obtain
FAT information through the NSLDS, see Chapter 3, Section 4.

Only a student whose financial aid data are found in the database will
receive the NSLDS data. When no NSLDS FAT information is
returned to the CPS, the NSLDS page on the SAR and NSLDS
Financial Aid History section of the ISIR will be blank. Schools
should not, however, automatically assume that a student without
NSLDS information on the SAR/ISIR received no Title IV aid and is
automatically eligible for SFA funds. When the NSLDS page on the
SAR and NSLDS Financial Aid History section of the ISIR are
blank, a student may receive Comment 140 (which REQUIRES NO
RESOLUTION by the financial aid administrator) or Comment 138
(which DOES REQUIRE RESOLUTION).

[[Comment 140 requires no resolution]]
Comment 140 will appear on the SAR/ISIR to alert the financial aid
administrator that the student has no financial aid history or to
indicate that the student has no relevant financial aid history. If
Comment 140 appears, the financial aid administrator should
continue processing the student's application. The text for Comment
140 is "Your application record was matched successfully with the
National Student Loan Data System (NSLDS). The NSLDS
confirmed that your social security number is not associated with any
previous financial aid history."

Comment 140 will appear when the NSLDS FAT data were returned
to the CPS because there was no matching SSN in the NSLDS
database and if there is no negative comment and corresponding
comment code indicating that there was a problem with the NSLDS
match. In such a case, the lack of NSLDS data means that the student
received no Title IV aid. Comment 140 will also appear if NSLDS
records match the student's reported SSN and either the first three
letters of the student's first name or his or her date of birth also
match, but records show that the student received no RELEVANT
Title IV aid. This situation may occur, for instance, if a student
received a Pell Grant in the prior year or paid off an SFA loan.

[[Comment 138 requires resolution]]
When the reason that no NSLDS data were returned to the CPS is
explained on the SAR or ISIR by Comment 138 (rather than by
Comment 140), the school must determine if the NSLDS record is
that of the applicant and, if so, must use the information in the
NSLDS when determining eligibility for SFA funds. Comment 138
may appear if, for example, there is a partial match (for instance, the
SSN matches the NSLDS database but the date of birth does not
match or the name does not match because a nickname was used on
the FAFSA). If the school determines that the NSLDS record in such
a situation is that of the applicant, the school should advise the
student to correct the discrepancy. Note that the Department will be
providing schools with guidance on how to resolve discrepancies
flagged by Comment 138.

ENROLLMENT AS A REGULAR STUDENT IN AN ELIGIBLE
PROGRAM

With limited exceptions, an individual must be enrolled as a regular
student in an eligible program in order to receive SFA Program
funds. A regular student is one who is enrolled for the purpose of
obtaining a degree or certificate offered by the institution.

[[Definition of eligible program]]
The regulatory definition of an eligible program is based on
requirements found in statutory language defining eligible
institutions. There is an important distinction between the definition
of an eligible program and the definition of an eligible institution.
Every academic program at a school that meets the definition of an
eligible institution and that participates in the SFA Programs is not
automatically eligible for participation in the SFA Programs. Indeed,
factors such as course length or admissions requirements may
prohibit some programs at eligible schools from qualifying as
eligible programs. Financial aid administrators should carefully study
the material in Chapter 3 on program eligibility, which affects
whether or not a student may receive aid.

Three aspects that largely define an eligible program are especially
important to note--the education credentials that the program awards,
its length, and, for "short courses," compliance with certain
qualitative factors regarding graduation and placement rates. These
qualitative factors are discussed in Chapter 3.

Except for exemptions granted for preparatory work and for earning
teaching certificates (these exceptions are discussed below), an
eligible program either 1) must lead to a certificate, degree, or other
recognized education credential, or 2) must be at least two academic
years long and considered acceptable for full credit toward a
bachelor's degree. These requirements also apply to study-abroad
programs approved for credit by eligible institutions. Again, to
receive aid, a student in a study-abroad program must be enrolled as
a regular student at the eligible institution approving the course.

At a proprietary institution of higher education or at a postsecondary
vocational institution, the program must lead to a certificate or
degree and must provide students with training to prepare them for
gainful employment in a recognized occupation. (For the Pell Grant
Program, students taking English as a Second Language [ESL]
courses are also granted exceptions. See Chapter 3 for an extensive
discussion about this and other program eligibility issues.)

The minimum length required for a program to be considered
eligible varies according to the type of institution. Special
requirements for programs under 600 clock hours are incorporated
into the regulations (see Chapter 3). Note that program length
determines a program's eligibility and affects the amount of aid that
may be awarded to students in the program. For example, the amount
of a student's Federal Pell Grant, Stafford Loan, or Direct Loan will
be reduced if the program is less than an academic year long. (See
Chapters 4 and 10.)

TWO EXCEPTIONS TO THE "ELIGIBLE PROGRAM"
REQUIREMENT

There are two cases when a student does not have to be enrolled in
an eligible program to receive a Federal Family Education Loan
(FFEL) or Direct Loan. There is one case when a student does not
have to be enrolled in an eligible program to receive a Perkins Loan
or Federal Work-Study (FWS).

PREPARATORY COURSEWORK: A student who is not enrolled
in a degree or certificate program is eligible for FFELs or Direct
Loans for a period of up to one year if the student is taking a course
necessary for his or her enrollment in an eligible program. The
course must be part of an eligible program otherwise offered by the
school, although the student does not have to be enrolled in the
eligible program. For instance, a student who has already received a
bachelor's degree might need an additional 12 hours of specialized
undergraduate coursework in order to enroll in a graduate program.
If a student is enrolled at least half time in these prerequisite courses
and if the courses are part of an eligible program, the student is
eligible for loans for one consecutive 12-month period beginning on
the first day of the loan period for which the student is enrolled.

TEACHER CERTIFICATION: Another exception involves the
FFEL, the Direct Loan, the Perkins Loan, and the FWS programs.
This exception allows eligibility for a student who is enrolled at least
half time in a required teacher-certification program, even though the
teacher-certification program does not lead to a degree or certificate
awarded by the school (for example, the certificate may instead be
granted by the state). The program must be required for elementary
or secondary teacher certification or recertification in the state where
the student plans to teach or in the state where the student is
completing the program. This exception is not intended to cover
optional courses that the student elects to take for professional
recognition or advancement. Nor does the exception cover courses
that the school recommends but that are not required for certification
or recertification. The school should document that the courses are
required by the state for teacher certification. For purposes of the
FFEL and Direct Loan programs, a student who is considered
eligible under this exception is considered a fifth-year
undergraduate; therefore, the loan limit is $5,500, plus an additional
$5,000 in unsubsidized loans if the student is classified as
independent.

ACADEMIC QUALIFICATIONS REQUIRED FOR
POSTSECONDARY ATTENDANCE

To receive SFA Program aid, a student must be academically
qualified to study at the postsecondary level. For SFA purposes, a
student with a high school diploma or its recognized equivalent is
considered academically qualified. Furthermore, if a program is at
least at the associate-degree level, a school may admit into the
program a limited number of students who do not have high school
diplomas but who have excelled academically in high school and
who have met the school's admissions standards. Students who pass
approved ability-to-benefit tests may also be qualified (see the
discussion that follows).

ALTERNATIVES TO THE HIGH SCHOOL DIPLOMA

[[Recognized equivalents to high school diploma]]
SFA regulations identify several recognized equivalents to the high
school diploma. These equivalents include General Education
Development (GED) certificates and state certificates. A certificate
of completion of a home-study program is also considered an
equivalent to a high school diploma if the program is recognized by
the student's home state. Similarly, a student's postsecondary school
academic transcript would also be considered the equivalent of a
high school diploma if the student has completed a program that is at
least two years in length and that is acceptable for full credit toward
a bachelor's degree.

[[Access to GED programs]]
GED PROGRAMS. In addition to assuring that students who do not
have high school diplomas (or recognized equivalents) successfully
pass ability-to-benefit tests, the school must make a GED-
preparatory program available to such students. The course does not
have to be provided by the school itself, and the school is not
required to pay for GED program costs. The school, however, must
locate a program that is reasonably accessible for its students. For
example, the school should locate a program that is offered at a place
that is convenient for its students and should take reasonable steps to
ensure that the scheduling of the student's program permits
participation. The law states that the GED program to be
administered must have been proven to be a successful program. A
school may consider all programs conducted by its state and local
secondary schools to have met this criteria. In addition, a GED
program is considered to be qualified for approval if the school has
documentation that statistically demonstrates the program's success.

[[Simultaneous enrollment]]
A student without a high school diploma or its recognized equivalent
is not required to enroll in a GED program; however, a school may
make enrollment in such a program a requirement for admission.
Although a student is not permitted to receive any SFA funds for
study in all or part of a GED program, the student enrolled in a GED
program remains eligible for SFA funds if he or she is
simultaneously enrolled in full-credit, nonremedial courses.
(Participation in the GED program is not considered to be
simultaneous enrollment in a high school program.) A student
enrolled solely in remedial coursework, however, is not eligible for
SFA funds. (See "Remedial Coursework for Postsecondary Study"
later in this chapter.)

ABILITY TO BENEFIT

An SFA applicant without a high school diploma or its recognized
equivalent can be determined to be academically qualified if he or
she 1) passes an independently administered test that is used for
determining the student's ability to benefit from postsecondary
education and that has been approved by the Department or 2)
enrolls in an eligible school that participates in a plan or process that
has been both prescribed by the state in which the school is located
and approved by the Department.*2* The student must be deemed--
in accordance with a plan or process prescribed by the state in which
the student's school is located--to have the ability to benefit from the
education or training being offered.

[[NEW]]
[[New test-approval procedures & requirements]]
For 1996-97, the Secretary instituted a new policy for approving and
administering ability-to-benefit tests. The policy takes effect July 1,
1996 and governs the determination of student eligibility for Title IV
programs under Section 484(d) of the HEA. To allow for a smooth
transition from the current test practice to the new practice, for 1996-
97 an institution may continue to use a test and test score that were
approved as of June 30, 1996--the day before the new regulatory
provisions took effect--until 60 days after the Secretary publishes in
the Federal Register the first test and required passing score for each
general category of test approved under the new regulations. (Note
that at the time this publication went to print, no tests were approved
for the 1996-97 award year.) If, for example, the Secretary approves
a new test in Spanish on August 1, 1996, an institution may continue
to use--until October 1, 1996 --a test in Spanish that was approved
June 10, 1996.

If an institution properly determined a student's eligibility under the
1995-96 system, the school does not have to redetermine the
student's eligibility under the new system. (See Section 668.155 of
the Final Rule published December 1, 1995 in the Federal Register
for details.)

The new regulations address both procedures for publishers that wish
to apply for test approval and eligibility criteria that test publishers
must meet. Following are the procedures and requirements that a test
publisher must meet before the Department, which is responsible for
evaluating the quality of state plans and tests, will approve its tests.
The Department evaluates the submitted tests according to the Final
Rule guidelines published November 29, 1995 in the Federal
Register.

Upon receipt of an application that meets the appropriate
requirements, the Secretary will notify the test publisher. As
mentioned above, the Secretary will then publish in the Federal
Register the name of the test and the passing score required for
students taking the test. The name of the test publisher will also
appear in the Federal Register.

[[Documentation required for test approval]]
Certain documentation is required before the Department will review
a test: The test publisher must submit its test and attachments that
show that the test meets the "test construction" standards in the
Standards for Educational and Psychological Testing (1985 edition).
(This publication was prepared collectively by the following
professional organizations: The American Educational Research
Association, the American Psychological Association, and the
National Council on Measurement in Education.)

[[Minimum passing scores]]
The minimum passing score for each independently administered
exam must be devised by the test publisher and approved by the
Secretary. The passing score must be one full standard deviation
below the mean for students who earned high school diplomas and
who took the test within three years of the date on which the test is
submitted to the Department for approval.

[[Publishers must certify test administrators]]
The school should make arrangements with one or more parties to
administer the approved tests to students. New regulatory provisions
effective for 1996-97 state that the test administrator must be
certified by the test publisher. The school should contact the test
publisher to locate a certified test administrator. Certified
administrators may come from various occupations. They may be

- high school guidance counselors;

- qualified professional educators;

- regional and area Armed Forces Commands staff who are experts
in education, training, and human resource development;

- test and measurement experts; and

- human resource development professionals.

The use of a public or nonprofit center that offers assessment or
testing services--provided the center operates independently of the
admissions and financial aid offices at the postsecondary school--is
also suggested.

[["Tests Approved by the Department" on pages 2-16 and 2-17 is
currently unavailable for viewing. Please reference your paper
document for additional information.]]

[[Test administrators must be independent of schools]]
[[Exception]]
Note that an approved test must be administered and graded by an
individual or by an organization with no current or prior financial or
ownership interest in the institution, its affiliates, or its parent
corporation other than the interest generated through its agreement to
administer the approved examination. Under these criteria, the test
may not be given or scored by a current or former employee,
consultant, or student of the school, an owner or member of the
board of directors, a person with a financial interest in the school, or
a relative of any of these individuals. An exception is made for
testing or assessment centers at degree-granting schools, as long as
these centers are independent of the admissions process.

[[Transition period]]
The list of tests (on page 2-16 and 2-17) approved by the Department
for 1995-96 applies to the 1995-96 award year and to the 60-day
transition period for the 1996-97 award year. If it chooses to do so, a
school may use more than one test on the list, as long as the school
uses the tests within the allowed time frame. When the transition
period expires in 1996-97, the Department will not allow use of any
test on the list UNLESS the test was submitted to and approved by
the Department in accordance with the NEW test-approval process.

This list does not include state tests that were approved by the
Department under the test system used for 1995-96. For 1996-97, the
Department will review all state tests that are required for all students
entering a state's public postsecondary schools and that assess the
basic verbal and quantitative skills of these students. If a state test
meets the criteria for approval, both public and private schools in
that state may use the test.

[[Test selection]]
When selecting a test, the school should consider the following
issues:

RELEVANCE OF TEST TO THE EDUCATIONAL PROGRAM.
Are the skills and abilities assessed important for the successful
completion of the student's planned program of study?

LEVEL OF DIFFICULTY OF THE TEST. Is the overall level of
difficulty appropriate to the population of prospective students
being assessed and to the coursework required in the program?

NATIVE LANGUAGE. If the student's program will be taught in
a language other than English, the student should be permitted to
take the test in the language of the program.

TESTS FOR STUDENTS WITH PHYSICAL DISABILITIES.
Students with physical disabilities should receive appropriate
assistance in test taking, in accordance with the guidelines
developed by the American Educational Research Association,
the American Psychological Association, and the National
Council of Measurement in Education.

[[Students with special needs]]
The new regulatory provisions continue to take into account the
special needs of students with documented disabilities and of
students who are not native speakers of English. Under certain
circumstances, special testing procedures or instruments may be used
for testing such individuals.

[[Test administration]]
All tests must be administered in accordance with the procedures
specified by the test publisher. Such procedures address, but are not
limited to, time limits for completion, rules on how often and within
what time frame the test may be readministered, whether the test may
be given verbally, and so on. If a test comprises multiple parts,
RELEVANT parts must be administered in order for the test to be
valid. Again, the passing score cannot be more than one standard
deviation below the mean for that examination for that type of
program or curriculum. Test publishers routinely provide such
information in their manuals.

[[Submission of test scores]]
A student who has taken an approved, independently administered
test within the last 12 months may submit the official test-score
notification to the school to demonstrate his or her ability to benefit.
If the school accepts the results of a previously administered test, that
school must obtain documentation showing that the test and its
administration meet federal requirements. If a student withdraws
from school and then re-enrolls more than 12 months after taking the
test, he or she must take a new test.

[[NEW]]
For 1996-97, the following situation applies to a student 1) who is
admitted into a school without a high school diploma, a GED, or a
passing ATB score, 2) who does not earn a passing score on an
approved ATB test by the beginning of the academic year, 3) but
who passes such a test during the award year: The student is eligible
for Pell and campus-based funds beginning with the payment period
(usually an academic term) during which the student passed the ATB
test. The same student would be eligible for a Direct Loan or FFEL
for the entire period of enrollment (usually an academic year) in
which the student passed the ATB test.

REMEDIAL COURSEWORK FOR POSTSECONDARY STUDY

Remedial coursework prepares a student for study at the
postsecondary level. If a student is enrolled solely in a remedial
program, the student is not considered to be in an eligible program
and thus is not eligible for SFA funds. Additionally, if a student's
acceptance into the eligible program is contingent upon the
completion of the remedial work, the student cannot be considered to
be enrolled in the eligible program until the remedial work is
completed. There is, however, an exception to this rule: If a student
enrolls in preparatory coursework, he or she would still remain
eligible for funds from the FFEL and Direct Loan programs.

If the student is enrolled in a regular program that includes a limited
amount of remedial coursework, SFA funds may be used to pay for
that coursework as long as the coursework is at least at the high-
school level (as determined by the state legal authority, the school's
accrediting agency, or the state agency recognized for approving
public postsecondary vocational education).

Whether an individual is paid as a full-time, three-quarter-time, half-
time, or less-than-half-time student affects the amount he or she can
receive under the Pell Grant Program and whether he or she is
eligible for loans under the FFEL and Direct Loan programs. When
calculating the student's cost of attendance, be sure to include the
tuition paid for noncredit remedial work.

[[Determining enrollment status]]
Determining the enrollment status for students taking remedial
coursework may be problematic because schools either may give no
credit or may give reduced credit for such coursework. To include
noncredit remedial hours in the student's enrollment status for
financial aid payments, a school must determine the number of hours
of study that the remedial course requires (both classroom and
homework hours) and must compare that number with the hours
required for similar nonremedial courses. For determining a student's
enrollment status, the school should use the same number of credits
for the remedial course as for a nonremedial course. (Clock-hour
schools should use the number of classroom hours attended in the
remedial program.)

To determine a student's enrollment status, a school should add the
credits or clock hours assigned to the noncredit course to the credits
or clock hours of regular coursework. A school may not take into
account more than one academic year's worth (30 semester or
trimester hours, 45 quarter credit hours, or 900 clock hours) of
noncredit remedial coursework for a student. English as a Second
Language (ESL) courses do not count against these limits.

[[SFA funds must not be used for GED/high school courses]]
Financial aid administrators should not count noncredit remedial
hours when determining enrollment status or cost of attendance if a
noncredit remedial course is part of a program that leads to a high
school diploma or its recognized equivalent. A student is never
permitted to receive funds for GED training or for high school, even
if the GED or high school training is offered at postsecondary
schools. These noncredit remedial hours must not be counted, even if
the course is required for completing the postsecondary program. A
postsecondary student is NOT permitted to receive SFA funds while
he or she is simultaneously enrolled in an elementary or secondary
school. For example, a high school student who is taking vocational
training in the afternoon or weekends is not eligible for SFA funds
even if his or her entire program at the postsecondary school is
postsecondary in nature.

ENROLLMENT STATUS

Half-time enrollment status is not a minimum requirement for
receiving Federal Pell Grants and campus-based funds. Enrollment
status, however, may affect how much student financial aid an
individual is permitted to receive under these programs. (See Chapter
4 for information on how enrollment status affects a student's Pell
Grant award. See chapters 5 through 8 for information on how
enrollment status affects the awarding of campus-based funds.)

[[Minimum enrollment]]
The FFEL and Direct Loan programs DO require a student to be
enrolled at least half time to receive aid. A half-time student must be
taking at least half of the course load as that of a full-time student.
(See Chapter 10 for more information on the FFEL Program. See
Chapter 11 for more information on Direct Loans.)

As specified in Department regulations, schools define what is
considered to constitute a full-time workload. This measurement may
differ from the definition used by others and for other purposes at the
school, such as the definition used by the registrar's office. The
school's definition for a full-time workload for a program must be
used for all students enrolled in that program and must be the same
definition for all SFA-related purposes.

[[Definition of full time]]
A full-time student is defined as a student who is carrying a full-time
academic workload (other than by correspondence) as determined by
the institution under a standard applicable to all students enrolled in a
particular educational program. The student's workload may include
any combination of courses, work, research, or special studies that
the institution considers sufficient to classify the student as attending
full time. For undergraduate students--but not for graduate students--
the school's financial aid office must define full-time status to meet
at least the following minimums:

- 12 semester hours or 12 quarter hours per academic term in an
educational program using a semester, trimester, or quarter
system;

- 24 semester hours or 36 quarter hours per academic year for an
educational program using credit hours but not using a semester,
trimester, or quarter system, or the prorated equivalent for a
program of less than one academic year;

- 24 clock hours per week for an educational program using clock
hours;

- for a student who is taking a combination of courses offered in
semester credit, quarter credit, and/or clock hours, prorated
percentages of the minimums for credit- and clock-hour
measurements equal to at least one;

- a series of courses or seminars equaling 12 semester or quarter
hours over a maximum of 18 weeks; or

- the work portion of a cooperative education program in which the
amount of work performed is equivalent to the academic workload
of a full-time student.

A student taking only correspondence courses is never considered to
be enrolled more than half time.

[[The example on page 2-22 is currently unavailable for viewing.
Please reference your paper document for additional
information.]]

Note that a student's enrollment status also is important for deferment
purposes. A borrower is eligible for a deferment as a half-time
student without receiving additional loans during the deferment
period if 1) he or she is a Direct Loan borrower or 2) if he or she is a
FFEL borrower who received loans on or after July 1, 1993 and at
that time had no outstanding balance on a FFEL borrowed before
July 1, 1993.

A FFEL borrower who received loans between July 1, 1987 and July
1, 1993 and who had no outstanding balance on a FFEL borrowed
before July 1, 1987 when receiving the loan can qualify for an in-
school deferment only 1) if he or she is enrolled full time or 2) if he
or she is enrolled half time or three-quarter time and again borrows a
FFEL or Direct Loan for the period covered by the deferment.
Students with outstanding loans borrowed before July 1, 1987 must
be enrolled full time to receive an in-school deferment. (See Chapter
10, Section 2 for more information.)


*1* Except when otherwise noted, the term "SAR" means a regular
Student Aid Report (SAR), a one-part SAR Information
Acknowledgment, or any other official output document (such as an
Institutional Student Information Record (ISIR), which comprises
student aid documentation sent to a school from the Department).

*2* In the case of a school with branch campuses, the process must
have been approved by the state in which the branch the student is
attending is located.

SATISFACTORY PROGRESS

The regulations for satisfactory progress were initially published in
October 1983 and were amended on December 1, 1987; April 29,
1994; and November 29, 1994. Every school participating in the
SFA Programs must monitor its SFA recipients to ensure that they
are meeting satisfactory progress standards. Regulations require each
school to develop reasonable standards for measuring academic
progress and require each school to apply these standards
consistently to all students within identifiable categories of students
(see the following paragraph).

[[Qualitative and quantitative measurements]]
A school's satisfactory progress policy for students receiving SFA
funds must be at least as strict as the policy used for students who do
not receive SFA funds. Again, the policy must be applied
consistently to all SFA recipients within identifiable categories of
students (such as full-time or part-time, graduate, or undergraduate
students). Note that the school's satisfactory progress policy must
include both a qualitative measure and a quantitative measure ( such
as the use of cumulative grade point average) of the student's
progress.

[[Minimum standards]]
Although a school may establish its own satisfactory progress
requirements, these requirements must at least meet the minimum
standards required by law and regulations. The law specifies that by
the end of the second academic year, the student must, in general, 1)
have a C average or its equivalent, or 2) have an academic standing
consistent with the requirement for graduation from the program. If a
school does not use letter grades, a school's satisfactory progress
policy should define "equivalent of a C average." If a school
determines that a student has maintained satisfactory progress
standards even though his or her average falls below a C average, the
school must be able to document that the average deemed acceptable
is consistent with the academic standards required for graduation.

[[Graduated standards]]
Rather than using a single fixed standard throughout the program, a
school may use a graduated grade point requirement. For instance, a
school may set a minimum grade point average (GPA) of 1.75 (on a
scale of 0.0 to 4.0) at the end of the second academic year in a four-
year degree program. The school may also require that a student earn
at least a 2.0 average in order to graduate. If school policy permits
progression toward the 2.0 graduation requirement, the school may
permit a lower standard at the end of the second academic year.

The GPA is not by itself a sufficient measure of progress. Consider
this situation: A student initially enrolls for 12 credits per semester
but then withdraws from two classes that he or she was failing.
Although the student may have an A average in the two classes from
which he or she did not withdraw, that student may not be
progressing toward graduation at an acceptable pace. To accurately
measure a student's progress in a program, the satisfactory progress
policy must include a quantitative measure to determine the number
or percentage of courses, credit hours, or clock hours completed; the
policy must also include a qualitative measure (such as the GPA) to
evaluate the quality of work completed.

[[Maximum time frame]]
To quantify academic progress, a school must set a maximum time
frame in which a student is expected to finish a program. Regulations
specify that for an undergraduate program, the maximum time frame
may not exceed 150% of the published length of the program
measured in academic years, academic terms, credit hours attempted,
or clock hours completed, as appropriate. For instance, if the
published length of an academic program is 120 credit hours, the
maximum time frame established by the school must not exceed 180
attempted credit hours (that is, 120 x 1.5).

[[Increments (evaluation periods)]]
To ensure that a student is making sufficient progress throughout the
course of study, the school must divide the program into EQUAL
evaluation periods called increments. An increment may not be
longer than half the program or one academic year, whichever is less.

In other words, for a school's 700-hour program, an increment must
not exceed 350 hours. For a school's 2,000-hour program, an
increment must not exceed 900 hours if the school uses a 900-hour
academic year definition. Increments are also expected to coincide
with payment periods.

Once a school defines the length of each increment, the school must
compare the number of hours the student attempted with the number
of hours the student successfully completed. This calculation enables
the school to determine whether the student is progressing at a rate
that will allow him or her to finish the program within the maximum
time frame.

In the example on the next page, the school established a minimum
percentage of hours the student must complete each academic year.
By setting a percentage rather than a fixed number of hours or credits
that must be completed each academic year, the school can easily
adjust for changes in a student's enrollment status from one period to
the next. Schools, however, may develop standards that vary
according to a student's enrollment status. Consider the example: If
in the second academic year the student enrolled for only 15 credit
hours, that student's progress would be measured as follows:

80% x 45 credit hours attempted (30 in first year and 15 in
second) = 36 credits

[[The example on page 2-25 is currently unavailable for viewing.
Please reference your paper document for additional
information.]]

If this student successfully completed 9 of the 15 credits attempted in
the second year, he would be considered to be making satisfactory
progress (27 completed in the first year + 9 in the second equals 36
credits, the minimum that must be completed to achieve an 80%
completion ratio).

A school may use a graduated completion percentage for each year
of enrollment. For instance, a school might choose to apply a more
lenient completion standard in the student’s first academic year but
may gradually increase the completion standard during the course of
study to ensure that the student completes program requirements
within the maximum time frame.

[[The illustration on page 2-26 is currently unavailable for viewing.
Please reference your paper document for additional
information.]]

At some clock-hour schools, a student is given credit for every hour
attended, so that the hours attempted equal the hours earned. Beauty
and barber schools often credit students in this manner. In such
cases, the quantitative standard must be based on calendar time (in
weeks or months). For instance, if a school offers a 900-clock-hour
program that normally takes 8 months to complete, the school might
set a maximum time frame of 12 months for completing the program.
Therefore, a student would have to complete the first 450 hours of
the program within 6 months to reestablish that he or she is meeting
satisfactory progress standards.

[[Pass/fail]]
Some clock-hour schools structure their programs such that
individual subjects may be taken as pass/fail courses; the pass or fail
grade would be based on the student's performance. In other words,
even though the student may have attended classes for a given
number of clock hours for a given subject, he or she may not receive
credit for those hours of attendance if a failing grade was earned.
(These clock-hour schools are like "normal" credit-hour schools in
this regard: Credit-hour schools may function in a similar manner if
credits are withheld even though the student has attempted and
attended a course for the established number of hours.) In such cases,
the financial aid administrator should calculate the clock hours
successfully completed as a percentage of the hours attempted (see
the discussion above).

The regulations further state that a school's satisfactory progress
policy must explain how withdrawals, grades of "incomplete,"
courses that are repeated, and noncredit remedial coursework affect
the academic progress determination. A school must also establish
procedures that enable the student to appeal a determination that
finds him or her not to be making satisfactory progress. For students
ultimately judged not to be making satisfactory progress, the school
must establish specific procedures that enable such students to once
again meet satisfactory progress standards. The quantitative and
qualitative standards used to judge academic progress must be
cumulative and must include all periods of the student's enrollment.
Even periods in which the student did not receive SFA funds must be
counted.

Bear in mind that as a rule, the Department does not regulate schools'
satisfactory progress standards. As stated, the Department 1) sets the
minimum qualitative standard requiring a student to earn a C average
by the end of the second academic year (or to earn an average
consistent with graduation standards) and 2) sets the minimum
quantitative standard requiring a student to complete a program
within a time frame not to exceed 1.5 times the normal published
time frame. Except for these two requirements, the Department only
stipulates policy components--not academic standards.

[[Loss of eligibility]]
If a student does not meet the school's standards of satisfactory
progress, he or she is not allowed to receive further aid from the SFA
Programs unless the school uses its discretion to waive the
satisfactory progress requirement. The statute specifies cases in
which the school might choose to waive the standards: for example,
if a student becomes very ill, if a student is severely injured, or if a
student's relative dies. Schools that permit waivers of satisfactory
progress standards must establish written procedures explaining
when a special circumstance merits a waiver.

[[Waiving satisfactory progress requirement]]
If a student loses SFA eligibility because he or she is determined not
to be making satisfactory progress, that student will once again
regain eligibility when the school determines that he or she is again
meeting its satisfactory progress standards.

[[Payment after reinstatement]]
A student may be paid for the payment period in which he or she
regains satisfactory progress but cannot be paid for any payment
period in which the standards were not met. For FFELs and Direct
Loans, a student who does not meet satisfactory academic progress
standards at the beginning of an academic year but who meets the
standards later in the award year is eligible for the entire period of
enrollment (usually an academic year) in which he or she met the
satisfactory academic progress standards--unless school policy
provides for reinstatement of eligibility at a later point.

LOAN DEFAULTS AND OVERPAYMENTS

A person generally is not eligible for SFA funds if he or she is in
default on an SFA loan or must repay an SFA grant. This ineligibility
rule also applies to a parent seeking a PLUS Loan (through the FFEL
or the Direct Loan program). For a parent to receive a PLUS Loan,
neither the parent nor the student may be in default or owe an
overpayment through the SFA Programs. (The General Provisions
regulations contain several exceptions to these blanket rules on
defaults and overpayments, as noted in the discussion below.)

[[Liens]]
Additionally, a student's property must not be subject to a judgment
lien for a debt owed to the United States. For example, if the Internal
Revenue Service (IRS) had placed a lien on a student's property, the
failure to pay this debt or to make satisfactory arrangements for
repayment would render the student ineligible for SFA funds. A
parent cannot receive a PLUS Loan if either the student or the parent
has property subject to a judgment lien for a debt owed to the United
States.

LOAN DEFAULTS

After a student who is in default repays the loan in full, that student
may receive SFA funds as long as he or she meets all other necessary
eligibility requirements. If the student borrower and the loan holder
agree on a compromised amount for settling a loan and the student
repays the amount agreed upon, that student may receive SFA funds.

The student regains eligibility whether repayment was completed
voluntarily or otherwise (that is, through IRS offset or wage
garnishment). Please note that if a student has repaid his or her
defaulted loan in full, the school may still consider the prior default
to be evidence of a student's unwillingness to repay loans and may
therefore deny him or her future Perkins Loans.

A student in default on any of the following loans may continue to
receive SFA funds if he or she has made satisfactory repayment
arrangements with the loan holder: a Federal Perkins Loan (including
an NDSL); a FISL, a Federal Stafford Loan, a Federal Direct Loan, a
Federal SLS,*3* an Income Contingent Loan (ICL), a Federal
Consolidation Loan, or a Federal Direct Consolidation Loan; a
Federal PLUS or Federal Direct PLUS Loan he or she received as a
parent.

[[NEW]]
Before a school may pay a student who is in default, the school must
receive a written statement from the loan holder indicating that the
student has made satisfactory repayment arrangements. A student
must make arrangements that are satisfactory to the loan holder and
that are in accordance with the individual SFA loan program
regulations. After the student makes six consecutive, full, voluntary
payments on time, he or she regains eligibility for SFA funds.
Effective July 1, 1996, this six-payment requirement also applies to
defaulted Perkins Loans and NDSLs. Previously, the definition of
satisfactory repayment arrangements for these loans was determined
by the school holding the loan.

[[Rehabilitation]]
Although a student regains eligibility for all SFA funds at that point,
a student with a Direct Loan or FFEL cannot have his or her loan
rehabilitated (assuming the lender agrees to rehabilitate) until 12
consecutive, full, voluntary payments have been made on time.
When these conditions are met, the student becomes eligible for in-
school deferments. (See Chapter 10, Section 6 for more information
on loan rehabilitation provisions.) A defaulted Direct Loan will
automatically be rehabilitated after 12 consecutive, full, voluntary
payments have been made on time. A Perkins Loan or an NDSL will
be rehabilitated after the borrower executes a new written payment
agreement and makes one payment for each month for 12
consecutive months.

[[Loan certification]]
Beginning with the 1995-96 award year, a student who regains
eligibility after making six consecutive payments on a defaulted
Perkins Loan, NDSL, FFEL, or Direct Loan may have a new FFEL
or Direct Loan certified for the entire enrollment period (which may
be a full academic year or an academic term). Note that such a
certification cannot apply to loan periods that are part of an academic
year previous to the one in which the student regained eligibility. If
an enrollment period begins in one academic year and ends in the
following academic year and if the borrower regains eligibility
during the second academic year, the school may certify a loan only
for that portion of the enrollment period that is part of the second
academic year. Previously, a student who regained FFEL or Direct
Loan eligibility could only have his or loan certified for the term in
which eligibility was reestablished.

If a student has paid a defaulted loan in full but receives a SAR with
a comment indicating that he or she is ineligible because of the
default, the student must provide the school with documentation
proving that the loan has been paid in full.

Overpayments

[[School error]]
[[Student error]]
If a student receives a Federal Pell Grant overpayment, he or she is
permitted to continue to receive SFA funds if the overpayment can
be eliminated by reducing the subsequent Pell Grant payments for
the same award year. If the overpayment was the result of the
school's error and the school cannot eliminate the overpayment in the
same award year, the school must repay the overpayment; the student
is then not considered to owe an overpayment and may receive SFA
funds. If a student's error caused the overpayment, the student is
responsible for repaying the overpayment. The student cannot
receive additional SFA funds until he or she repays the overpayment
in full or makes satisfactory arrangements to repay the overpayments
or until the school repays the overpayment for the student.

[[School must attempt to collect]]
When a school repays a Pell Grant overpayment or FSEOG
overpayment for the student (that is, when the school returns to the
program accounts the amount overpaid to the student), the student is
no longer considered to owe an overpayment and therefore does not
lose his or her eligibility for SFA Program funds regardless of whose
error caused the overpayment. The school must make attempts to
collect overpayments from its students. Note that if the school
corrects the grant overpayment by repaying the Department, the
student regains eligibility as long as all other eligibility criteria are
met. The student regains eligibility for SFA funds even when he or
she fails to return the overpayment to the school and even when the
school cannot adjust the student's financial aid package to resolve the
overpayment (see the discussion below). Such a student is deemed
eligible because he or she is not technically considered to owe the
overpayment to the SFA Programs. (See Chapter 4, Section 6 for
more on Federal Pell Grant overpayments.)

[[Reporting overpayment to ED]]
If a school is unable to recover a Pell Grant or FSEOG overpayment
due from the student in cases when the student is held liable for the
overpayment, the school must report the student's overpayment to the
Department. After this information is reported, the student's future
SARs and ISIRs will be flagged for resolution when their FAFSAs
are received by the Central Processing System (CPS). For the 1996-
97 award year, all Pell Grant and FSEOG overpayments have been
incorporated into the National Student Loan Data System (NSLDS)
for flagging and tracking purposes. A student with an overpayment
receives an EFC with a comment that tells the student that he or she
is ineligible for SFA funds until the overaward is repaid. In addition,
a "C"--indicating that the financial aid administrator must resolve the
issue before payment is made--is printed next to the EFC reported on
the SAR.

A student who receives any overpayment through the FSEOG, SSIG,
or Federal Perkins Loan program may continue to receive SFA funds
if the overpayment can be eliminated by adjusting subsequent
financial aid payments (other than Pell Grants) within the same
academic year or if the student makes satisfactory repayment
arrangements with the holder of the overpayment debt.

[[The chart "Effect of Loan Status on Student Aid Eligibility (As of
7/1/96)" on page 2-31 is currently unavailable for viewing.
Please reference your paper document for additional information.]]

Consider the case of a student who received a FSEOG overpayment
and who also received a Perkins Loan. The student is allowed to
continue to receive SFA funds if later FSEOG or Perkins Loan
disbursements for that academic year can be reduced by the amount
of the overpayment. Otherwise, the student must repay the
overpayment or make arrangements to repay before receiving
additional SFA funds. Again, if the school for any reason repays a
student's overpayment, the student regains eligibility. (See Chapter 5,
Section 2 for more information on FSEOG and Perkins
overpayments.)

BANKRUPTCY

A student with an SFA loan discharged in bankruptcy is eligible for
SFA grants, work-study, and loans. Prior to October 22, 1994, a
student whose defaulted loan was discharged in bankruptcy could not
receive loan funds unless the student reaffirmed the discharged debt
and made satisfactory repayment arrangements. Because of
legislative changes made by the Bankruptcy Reform Act of 1994, the
reaffirmation requirement was lifted. Students no longer must
reaffirm discharged loans before receiving new loans.

[[Loans stayed in bankruptcy]]
In addition, if a student has a loan stayed in bankruptcy, he or she
remains eligible for SFA funds as long as he or she has no loans in
default (including the stayed loan) and as long as all other eligibility
requirements are met. For more information on defaults and student
eligibility, see the chart on the prior page.

ELIGIBILITY AFTER TOTAL AND PERMANENT DISABILITY
CANCELLATION

A borrower whose loan is canceled because of total and permanent
disability may later receive any type of SFA funds if he or she meets
all other eligibility requirements. If such a borrower wishes to take
out an SFA loan, he or she must obtain certification from a legally
licensed physician stating that the student's condition has improved
and that the student 1) has the ability to engage in substantial gainful
activity or 2) can attend school. Then the student must sign a
statement indicating that he or she is aware that his or her new SFA
loan cannot later be canceled on the basis of any present impairment
unless that condition substantially deteriorates to the extent that the
definition of total and permanent disability is again met. The
borrower is not required to obtain a physician's certification or to
sign the aforementioned statement if the borrower is applying for an
SFA grant only.

[[Reaffirmation not required]]
Note that as of July 1, 1995, borrowers who are granted discharges
because of total and permanent disability are not required to reaffirm
the discharged loans and to make satisfactory repayment
arrangements before receiving SFA funds.

CERTIFICATION AND STATEMENTS

Any student applying for SFA funds must certify that he or she is not
in default on any SFA loan and that he or she does not owe an
overpayment on any SFA grant. The "Certification Statement on
Overpayments and Defaults" is now printed on the FAFSA rather
than on the SAR. Schools are no longer required to collect this
statement.

[[NSLDS database]]
The new National Student Loan Data System (NSLDS) contains
student loan information from guaranty agencies, lenders, schools,
and the Department, among other information. Loan-related
information on students who have borrowed through the SFA
Programs is tracked in the database. Students' loan information that
is forwarded from guaranty agencies and schools is updated in the
database monthly. In the 1995-96 award year, the NSLDS replaced
two matches:

1. the Title IV Default Match, which contained information on all
defaulted federal student loans assigned to the Department, as well
as overpayments on grants, and

2. the Guaranty Agency Default Match, which contained data on
defaulted federal student loans held by guaranty agencies.

Both the Guaranty Agency Default Match and the Title IV Default
Match flags and comments have been replaced by the NSLDS flag
and comments. (For more information, see the prior discussion in
this chapter on the NSLDS.)

[[School must resolve discrepancies]]
Note that schools are required to resolve any conflicts between the
NSLDS information and information received from the student, just
as schools had to resolve conflicting information when only the
former matching system was in place. For example, if the NSLDS
indicates that a student is not in default but the school has
documentation indicating that the student is in default, the school
must resolve this conflict. Until the conflict is resolved, the school is
prohibited from paying the student and from certifying his or her
loan application.

A comment directing the applicant to contact the Department or the
appropriate guaranty agency will appear on Part 1 of the SAR if 1)
an applicant is found to be in default and has not made satisfactory
repayment arrangements, or 2) if an applicant owes an overpayment
from the Federal Pell Grant or FSEOG programs. If a defaulted loan
is held by a guaranty agency, the name and telephone number of the
guaranty agency holding the loan will appear on Part 1.

If a student makes satisfactory arrangements to repay a defaulted
loan, the Department or the guaranty agency will send the student
documentation regarding the resolution. To reestablish eligibility for
SFA funds, the student must then submit this documentation to the
school.

Other Hold Files

[[Verification hold file]]
If a student has any unresolved issue from a prior verification, his or
her records will be placed in the Department's Verification Hold File.
A student whose application is in this file will receive a SAR with no
EFC calculated. Either Comment 8 or Comment 18 will appear on
the SAR and will instruct the student on how to resolve the issue.

[[Drug abuse hold file]]
The Anti-Drug Abuse Act of 1988 gives courts the authority to
suspend eligibility for federal student aid when sentencing an
individual convicted of possession or distribution of a controlled
substance. Any student who applies for federal student aid will
receive the following warning on his or her SAR: "As is more fully
set forth in Section 5301 of the Anti-Drug Abuse Act of 1988, if you
are convicted of drug distribution or possession, your eligibility for
Title IV student financial aid is subject to suspension or termination."
A student whose financial aid is denied because of a drug conviction
will be placed on the Department's Drug Abuse Hold File upon
direction from the Department of Justice. The student will receive a
SAR with no calculated EFC and a comment instructing him or her
to contact the Department of Education if the student wishes to
contest the finding.

(Note that the Anti-Drug Abuse Act of 1988 requires every school
that receives federal campus-based funds to certify on a form
provided by the Department that the school will provide drug-free
workplaces. See Chapter 3, Section 2 for more on this institutional
eligibility requirement.)


*3* Federal SLS loans include Auxiliary Loans to Assist Students
and PLUS Loans to students, former names for SLS Loans.

VALID SOCIAL SECURITY NUMBERS

[[SSNs required]]
The Higher Education Amendments of 1992 require that to be
eligible to receive SFA funds, each student provide a Social Security
Number (SSN). Since the 1994-95 award year, the Social Security
Administration (SSA) and the Central Processing System (CPS) have
been working together to conduct matches that verify that the given
student's SSN is correct and that the SSN corresponds to the given
student's name and birth date. Previously, the CPS checked only to
see if the SSN that the student reported was within a valid range of
SSNs issued.

A comment confirming the success of other matches (such as
Selective Service and INS) is printed on the SAR. However, please
note that no comment is printed on the SAR when an SSN match is
successful. If the school discovers that an SSN is incorrect or
discovers conflicting information about the a student's SSN, the
school must resolve the conflict before disbursing SFA funds to the
student.

If a student's name and SSN match but if the SSA shows a different
date of birth, a comment will appear on the student's SAR. The
school should resolve the discrepancy with the student. (This
situation sometimes occurs because the student mistakenly reports
the current year as his or her year of birth, for instance.) In such a
case, no further action is required through the CPS.

[[Comment 24]]
If the SSN does not match, the student will initially receive reject
code "S" and Comment 24, which instructs the student to verify or to
correct his or her SSN. If the student confirms that the SSN is correct
and can provide the financial aid administrator with evidence, the
student may verify the SSN printed on the SAR (that is, mark the
item on the SAR confirming that the SSN submitted is correct, and
resubmit the SAR), and the EFC will be calculated. Note that once
the student verifies that the SSN is indeed correct, subsequent SAR
data corrections or resubmissions do not go through the SSN match
again.

After the student verifies the data, Comment 25 will appear on the
student's SAR, which indicates to the student that he or she must
submit proof that the SSN is correct. A "C" is also printed next to the
EFC on the SAR. Comment Code 25 also appears on the ISIR sent to
the school.

[[Comment 61]]
If the SSN and the date of birth match but if there is a discrepancy
regarding the student's name, the student will receive a SAR with a
"C" flag and Comment 61, which tells the student either to correct
the appropriate items or to contact the SSA to resolve the problem.
This situation is most likely to occur when a student has used a
nickname or when a student has failed to inform the SSA of a name
change (from marriage, for instance). Upon receipt of student
documentation indicating that the submitted SSN is correct, the
school may disburse funds. In this situation, the application does not
need to be resubmitted to the CPS. Comment 61 will be printed only
on the original SAR, not on subsequent SARs.

[[SSNs within a valid range]]
If no match was conducted, the CPS will check to see whether the
reported SSN falls within a valid range. If the SSN falls within a
valid range, the student will receive either Comment 59 (if the
student's record was not sent to the SSA because the student did not
provide his or her last name) or Comment 58 and a "C" flag (if the
SSA could not perform the match). For cases in which the SSN is
within a valid range, no resubmission is required as long as the
institution maintains the documentation verifying the accuracy of the
SSN.

If a student did not provide his or her last name, the student should
submit a correction that does provide the name. If the student must
resubmit the SAR (in order to give his or her name or to correct other
information), the corrected data will be transmitted to the SSA. The
financial aid administrator must carefully examine the results of the
match when the SAR is received from the CPS.

[[SSNs not within valid range]]
If the SSN does not fall within a valid range, the student will receive
a rejected SAR and Comment 23, which states that it appears that the
SSN is not valid. The student must then verify or correct the SSN
and resubmit the SAR. The student's application will then pass
through the SSN match. The school may make an initial
disbursement of aid before the new SAR is received, as long as the
student first submits documentation verifying the number to the
financial aid administrator.

[[Correction applications are infrequently used]]
Correction Applications were virtually eliminated for the 1995-96
award year and subsequent award years. There are only two (rare)
cases when they may be necessary:

1. A student may need to change an SSN used by mistake. This
problem is likely to arise when spouses or siblings with similar
names use each other's SSNs by mistake. In such a case, both
applicants would be assigned the same CPS identification number,
made up of the SSN and the first two letters of the applicant's last
name. The shared number will cause problems for both applicants
in the CPS and in the Pell disbursement system. Therefore, the
student using the wrong SSN must complete and submit a
Correction Application in order to change the SSN.

2. A student's application may successfully pass the SSN match
even when his or her SSN is wrong. This situation may occur if,
for example, there is a problem with the SSA database. Such a
student will not be able to correct the SSN on the SAR (and the
financial aid administrator will not be able to correct the SSN
electronically) because the SSN has already been confirmed.
Therefore, the student must use a Correction Application to
change the SSN.

A financial aid administrator who needs to receive a 1996-97
Correction Application should contact the Department's Application
and Pell Processing Systems Division and ask for the Correction
Application Coordinator. The telephone number is 1-202-260-9988.
The Department will determine case by case if a Correction
Application is necessary. If a Correction Application is necessary,
the financial aid administrator may request that it be mailed either to
the school or to the student.

[[New SSA matching system]]
For 1996-97, if the student indicates on the FAFSA that he or she is a
U.S. citizen, the application automatically goes though the new
Social Security Administration (SSA) matching system, which
verifies both U.S. citizenship status and SSNs. Citizenship
information reported by the student is matched with SSA database
information. For more information on this matching system, see the
discussion on the new SSA matching system in Section 1 of this
chapter.

Students from the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau who do not have
SSNs should send their FAFSAs to the following address--not to the
address on the FAFSAs or on the FAFSA envelopes:

Federal Student Aid Programs
P.O. Box 4003
Mt. Vernon, IL 62864-8603

The Department prefers that schools bundle such applications and
send them as a group. For the 1996-97 award year, these applications
will first be assigned a special identifying number (in lieu of an SSN)
in Item 8 of the FAFSA and then will be sent to the CPS for regular
processing.

[[Exception to the SSN requirement]]
These applications are exempt from the SSN match with the SSA. At
the CPS, these applications will initially fail the SSN match and will
be rejected. The FAFSA processor will then intercept the rejected
applications and resubmit them.

A letter explaining why the identifying number was assigned and
explaining the SSN verification process will also accompany these
students' SARs. A student whose application is rejected for any
reason (other than the fact that there is no SSN) should make his or
her corrections on the SAR.

Students from the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau--that is, students not
required to have SSNs--cannot use FAFSA Express to apply for SFA
funds electronically. These students may, however, ask their schools
to use EDExpress to transmit the student applications electronically
(if EDExpress is available).

See The Counselor's Handbook for more information on FAFSA
Express and EDExpress.

REGISTRATION WITH SELECTIVE SERVICE

[[Most males, age 18-25, must register]]
Most males from age 18 through 25--including permanent residents
and other eligible noncitizens--are required to register with the
Selective Service System. Anyone required to register with Selective
Service must have done so in order to receive aid through the SFA
Programs.

Persons exempted from this requirement include:

1. females;*4*

2. males currently in the armed services and on active duty (this
exception does not apply to members of the Reserve and National
Guard who are not on active duty);

3. males who are not yet 18 at the time that they complete their
applications (an update is not required during the year, even if a
student turns 18 after completing the application);

4. males born before 1960; and

5. citizens of the Federated States of Micronesia, the Republic of
the Marshall Islands, or the Republic of Palau.

[[Waiver of registration requirement]]
There are certain less common situations in which the registration
requirement is also waived. Students who are not required to have
already registered prior to meeting one of these criteria and who
meet one of the criteria for the entire time they are 18 through 25
qualify for the waiver if

1. they are unable to register due to being hospitalized, incarcerated,
or institutionalized;

2. they are enrolled in any officer procurement program at The
Citadel, North Georgia College, Norwich University, or Virginia
Military Institute;

3. they are commissioned Public Health Service officers on active
duty or members of the Reserve of the Public Health Service; or

4. they are commissioned officers of the National Oceanic and
Atmospheric Administration.

[[School must document student’s status]]
If one of these criteria applies to a student--thereby exempting him
from having to register with the Selective Service System--the school
must document the student's status. If the student is not clearly
exempt from the requirement to register, the school should ask the
student to document the exemption by providing the school with a
Status Information Letter from the Selective Service.

[[Registering students]]
The Department takes several steps to ensure that a student registers
with the Selective Service when required and to provide convenient
ways for the student to register: A student may check Item 105 on
either the FAFSA or the SAR. By checking this item, the student
gives the Department of Education permission to submit his
registration information to the Selective Service so that the student
may be registered.*5*

[[Comment 29]]
As required by law, the Department matches student aid applications
with registration records from the Selective Service System. If the
student's SAR displays Comment 29, "Your registration or your
exemption status has been confirmed by Selective Service," the
school may consider the student's registration confirmed.

If the Selective Service could not confirm the applicant's registration
or if a match was not conducted because of technical reasons, one of
the following five comments will appear. (See Appendix C .)

1. Comment 14: The student received aid in a prior year and may
not have registered.

2. Comment 30: The Selective Service reports that the student is not
registered.

3. Comment 32: The Selective Service did not conduct a match.

4. Comment 33: The student did not provide enough information
for registration.

5. Comment 37: The Selective Service was unable to complete the
student's registration.

Until the registration problem is appropriately resolved, the school
must withhold all SFA funds and must not certify a loan application
for any student who receives any of these comments. Whenever one
of these comments appears, a "C" will appear next to the student's
EFC to alert the financial aid administrator that there is an eligibility
problem that must be resolved before disbursements may be made.

[[Withholding funds]]
Unless the financial aid administrator has documentation proving
that a student who receives one of these comments is exempt from
registration, the student must present appropriate confirmation (that
is, his Selective Service Registration Acknowledgement or his letter
of registration) to the financial aid administrator. Otherwise, the
student remains ineligible for SFA funds. If the student does not have
any of these documents, he must reconcile the conflict with the
Selective Service. If the conflict is resolved in the student's favor, the
student will receive a letter from the Selective Service documenting
that he is registered or that he is exempt from registering. Selective
Service provides no letters for females because females are not
required to register.

[[Student must submit documentation]]
In recent years, a number of students have been denied aid because
they failed to register with the Selective Service before their 26th
birthday. (The Selective Service will register only males age 18
through 25, leaving older students with no way to remedy their
situation if they failed to register.) The Military Selective Service Act
was amended to require a school to pay otherwise eligible students
who are 26 or older and who did not register when required. Such
students must, however, first demonstrate that they did not
knowingly and willfully fail to register. The Department of
Education's regulations also allow such students to receive aid if they
served on active duty in the armed forces. (It is presumed that a
person who has actually served in the armed forces is not trying to
avoid registering for duty.) The financial aid administrator should
obtain such a student's DD Form 214, "Certificate of Release or
Discharge from Active Duty," which shows military service in the
armed forces other than the reserve forces, the Delayed Entry pool,
and the National Guard.

[[Students must demonstrate that failure to register was not knowing
and willful]]
The financial aid administrator must determine whether a student
who has not served in active duty knowingly and willfully failed to
register. That is, the financial aid administrator must determine if the
student knew of the registration requirement but, nevertheless, chose
not to register. The procedures that a financial aid administrator
should use to make this determination follow. The financial aid
administrator's decision is final and cannot be appealed to the
Department of Education.

Unless the financial aid administrator can document that the student
meets one of the allowable exemptions regarding registration or can
document that the student has served in active duty in the armed
forces, the student must first write to the Selective Service so that he
may receive a Status Information Letter addressing his failure to
register. The student should provide as complete a description about
his situation as possible: where he was living during the period when
he should have registered, whether he was incarcerated or
institutionalized, his citizenship status during the period, if
applicable, and so on.

[[Status Information Letters]]
In January 1995, the Selective Service began using revised versions
of the Status Information Letters. Copies of the revised letters are
included in Appendix B. A code appears in the lower left-hand
corner to indicate the type of letter in question. The codes are listed
here.

- E1-E7
A letter with any of these codes indicates that the student was not
required to register or was exempt the entire time he could have
registered (ages 18 through 25).

- NR
A letter with this code indicates that the student was born before
1960 and is therefore not required to register.

- RR
A letter with this code indicates that the student said he attempted
to register but that Selective Service has no proof that he
attempted to register.

- NM
A letter with this code indicates that the student did not register
although he was on active duty in the armed forces only for a
portion of the time when he could have registered (between
ages 18 through 25) and was, therefore, required to register.

- RL
A letter with this code indicates that the student was required to
register, that the Selective Service has no record of his registration,
and that Selective Service records show he was sent one or more
letters requesting his compliance with the registration requirement
during the period he was required to be registered.

- RD
A letter with this code indicates that the student provided a reason
for not registering (or provided documentation proving him
exempt from this requirement) but that the Selective Service
determined the reason or documentation to be invalid; therefore,
this code indicates that the student was required to register but did
not.

[[Relevant evidence]]
If the student receives a "general exemption letter" (codes E1-E7) or
a "DOB before 1960" letter (code NR), the student is exempt from
registration and may receive SFA funds. If the student receives any
other type of letter, the school must determine (based on all relevant
evidence) whether the student knowingly and willfully failed to
register. The letter from Selective Service is part of the relevant
evidence. For example, if the student received a letter indicating a
compliance letter had been sent (code RL), this letter would be a
negative factor when the financial aid administrator makes the
determination. If the student received a "Military Service:
Noncontinuous" letter (code NM), the financial aid administrator
may reasonably determine that the student did not knowingly and
willfully avoid registration.

Most of these letters state that the final decision regarding the student
eligibility rests with the agency awarding funds. For the purposes of
the SFA Programs, the decision is made by the financial aid
administrator, who represents the Department. If the school's
financial aid administrator determines that the student's failure to
register was knowing and willful, the student loses SFA eligibility.

[[School’s decision is final]]
The school's decision is final and therefore cannot be appealed to the
Department. However, the Department will hear appeals from
students who have provided their schools with proof of compliance
with the registration requirement (i.e., that they are registered or
exempt from registration) but who are still being denied federal
student aid based on the registration requirement.

When deciding whether the student had knowingly and willfully
failed to register, the financial aid administrator should consider the
following factors:

- Where the student lived when he was age 18 to 25. For example,
if a student was living abroad, it is more plausible that he would
not come into contact with the requirement for registration.

- Whether the student claims that he thought he was registered.
Mistakes in recordkeeping can occur. Correspondence indicating
an attempt to register could form a basis for determining that the
student did not knowingly and willfully fail to register. On the
other hand, a letter from Selective Service stating that it received
no response to correspondence sent to the student at a correct
address would be a negative factor.

- Why the student was not aware of the widely publicized
requirement to register when he was age 18 through 25.

Students who have questions about the Selective Service registration
may contact the Selective Service at 1-847-688-6888.

[[NEW]]
Note that for the 1996-97 award year, the Statement of Registration
Status has been eliminated. (In prior award years, the statement
appeared on the SAR.) Because the CPS conducts data matches to
verify the registration status of male students, schools are no longer
required to collect signed Statements of Registration Status. The
regulatory relief provisions, published December 1, 1995 and
effective July 1, 1996, remove the requirement that students sign the
statement.

BORROWING IN EXCESS OF LOAN LIMITS

If a borrower inadvertently exceeds the annual or aggregate loan
limit allowed for the SFA Programs, he or she may be eligible for
SFA funds if the excess loan amount is repaid in full or if
satisfactory repayment arrangements are made with the loan holder.
The borrower will remain ineligible for further SFA funds until one
of these conditions is met.

[[Schools verify compliance, prevent excess borrowing]]
Because a school that certifies a loan should have first verified
compliance, excess borrowing should not occur often. Financial aid
administrators are encouraged to obtain financial aid information by
using the NSLDS (rather than by using paper financial aid
transcripts) because the NSLDS will catch many problems that might
otherwise be overlooked.

Following are some cases in which excess borrowing may occur:

- if a student borrowed for attendance at multiple schools and if the
financial aid administrator did not receive the financial aid
transcripts before certifying the new loan;

- if the student used different names when borrowing; or

- if the student failed to disclose the names of other schools he or
she had attended.

Cumulative loan limits may also be exceeded because of confusion
over amounts borrowed versus amounts outstanding.

The charts on page 2-46 and 2-47 show the maximum annual and
cumulative loan and grant limits. Note that for Federal PLUS Loans
and Direct PLUS Loans, the annual loan limit for parents equals the
student's cost of attendance minus any other financial aid the student
receives. There is no other borrowing limit under this program.

MEMBERS OF RELIGIOUS ORDERS

Members of religious orders are not permitted to receive subsidized
FFELs, subsidized Direct Loans, Federal Pell Grants, or campus-
based aid. Members of any religious community, society, or order
that directs the students' courses of study or that provides the
students with subsistence support are not considered to have
financial need. Members of religious orders are eligible, however,
for unsubsidized FFELs and unsubsidized Direct Loans.

INCARCERATED STUDENTS

If a student is incarcerated, he or she is ineligible for an SFA loan.
Incarcerated students are eligible for FSEOGs and FWS. The Violent
Crime Control and Law Enforcement Act of 1994 recently amended
the HEA to prohibit the awarding of a Federal Pell Grant to any
individual who is incarcerated in any federal or state penal
institution. This amendment is effective for periods of enrollment
beginning on or after September 13, 1994. For 1996-97, an
incarcerated student is eligible for a Federal Pell Grant only if he or
she is incarcerated in a local penal institution.*6*

CORRESPONDENCE AND TELECOMMUNICATIONS
COURSES

[[Course must lead to degree]]
A student enrolled in a correspondence course is ineligible for SFA
funds unless the course is part of a program leading to an associate, a
bachelor's, or a graduate degree. A student in a course of instruction
offered in whole or in part through telecommunications is not
considered to be enrolled in a correspondence course if the following
conditions exist. First, the school's telecommunications program
must lead the student toward earning an associate, a bachelor's, or a
graduate degree from that school. Secondly, the telecommunications
and correspondence courses at the school must total less than 50% of
all the courses offered. See Chapter 3, Section 1 for more
information on telecommunications courses.

STUDENT CERTIFICATIONS AND STATEMENTS

In order to receive SFA funds, a student must sign certain statements,
most of which relate to the various eligibility requirements that have
been discussed prior in this chapter. The required statements include

1. Statement of Educational Purpose, and

2. Certification Statement on Overpayments and Defaults.

In the 1995-96 award year, these two statements and the Statement of
Registration Status were listed together in a single block and printed
on the back of Part 1 of the SAR. These statements also appeared on
the electronic ISIR. For the 1996-97 award year, however, the
Statement of Registration Status has been eliminated. The
Certification Statement on Overpayments and Defaults, as well as the
Statement of Educational Purpose, have been moved from the SAR
to the FAFSA; the only time when these two statements will appear
on a student's SAR is when a student's SAR receives Reject 16 and
Comment 110 or 111. This comment is printed when the student
applies through FAFSA Express but neglects to print and mail the
required signature page to the FAFSA processor.

[[NEW]]
[[Updating dependency status, household size, and number in
postsecondary school]]
Although students are no longer required to sign a Statement of
Updated Information, three items still may need to be updated if they
change (unless the changes were the result of a change in the
student's marital status). A student's dependency status must be
updated if it changes at any time during the award year. If a student
is selected for verification (including a student selected by the school
rather than by the CPS), he or she must also update household size
(Item 46 or 51) and the number of family members in postsecondary
education (Item 47 or 52) to be correct at the time of verification.

Changes in household size and number in postsecondary education
that are the result of a change in the dependent applicant's parents'
marital status should not be reported. Because Correction
Applications are not being used, corrections or updates that change
the applicant's dependency status must now be made on the SAR or
made electronically by the school.

In the Statement of Educational Purpose, the student certifies that he
or she will use all SFA funds received only for postsecondary
education expenses. The statement for the FFEL Program must be
filed with the lender. For this reason, the Statement of Educational
Purpose is included on the loan application.

The Certification Statement on Overpayments and Defaults is no
longer combined with the Statement of Educational Purpose. The
certification states that the student does not owe a repayment on any
SFA grant or loan and either is not in default on any SFA loan or has
made satisfactory repayment arrangements on any defaulted SFA
loan in his or her name. This certification also states that the student
has not borrowed (at any school) in excess of the allowable SFA loan
limits. The school may rely on this statement only until confirmation
is received from the financial aid transcripts. Remember that a
student who is in default or who owes a repayment is generally not
eligible for SFA funds (exceptions were discussed earlier in this
chapter under "Loan Defaults and Overpayments").

[[The "Maximum Annual Loan Amounts Federal Stafford Loan
Program and Federal Direct Stafford Loan Program" chart on page
2-46 is currently unavailable for viewing. Please reference your
paper document for additional information.]]

[[The "Maximum Loan and Grant Limits for Programs other than
Direct Loans and FFEL" and the "Total Cumulative Loan Limits for FFELs
and Direct Loans" charts on page 2-47 are currently unavailable
for viewing. Please reference your paper document for
additional information.]]

SPECIFIC PROGRAM REQUIREMENTS

In addition to these general requirements, some programs have
additional eligibility rules. For instance, the Pell Grant Program
requires that a school receive a valid SAR while the student is still
enrolled and is still eligible for payment. See chapters 4 through 10
for details on specific requirements for each program.

DEADLINES CHANGES

Following are newly established application deadlines for the 1996-
97 academic year. (See "Action Letter" GEN-95-54 for details about
these date changes.) The student must meet all required deadlines in
order to receive SFA funds. Note that no deadlines will be granted to
any student who, for any reason, misses a deadline. No exceptions
will be made for a student who receives incorrect advice, who
misunderstands a procedure, who loses a SAR, or who does not
allow for delays in mail delivery. The student should be advised that
he or she is ultimately responsible for ensuring that the application is
correct and complete and that all deadlines are met.

[[FAFSA deadline: June 30, 1997]]
The application processor must receive the FAFSA by June 30, 1997.
The processor must receive corrections for a student's SAR or must
receive a school's electronic corrections by August 15, 1997. The
school must receive a student's VALID SAR by August 29, 1997 in
order for the student to receive a 1996-97 Federal Pell Grant. As in
prior award years, verification (for students whose applications are
selected) must be entirely completed by the last work day in August
(August 29, 1997 for 1996-97) or by 60 days after the student's last
day of enrollment for the 1996-97 award year, whichever date is
earlier.


*4* Whether a person is a male or female is a matter for medical
determination. If a school needs to determine whether a student is
male or female for Selective Service purposes, the school should tell
the student to write to Selective Service for a Status Information
Letter.

*5* The student can be registered with Selective Service as early as
30 days before his 18th birthday; if the student is too young Selective
Service will hold the registration until the student is within 30 days
of his 18th birthday. Students 26 and older cannot be registered.

*6* Students incarcerated by jurisdictions that are defined as a state
in the HEA and that have no state government, such as the District of
Columbia, are considered incarcerated in a state penal institution and
thus not eligible to receive Federal Pell Grants.