Appendix F

Institutional Reporting and Disclosure Requirements

This appendix provides postsecondary educational institutions with a comprehensive summary of reporting and disclosure requirements related to the Higher Education Act (HEA). In general, reports are submitted to the Department of Education, and disclosures are made to students and the public. However, in some cases—for example, the annual security statistics—information must be provided to students, the public, and to the institution’s faculty and staff. This summary lists the reports and disclosures, their statutory and regulatory authority, a description of what is required in each report/disclosure and other pertinent information, the due date, the method of transmittal or distribution, and the recipient of the report/disclosure. The publication of this document complies with section 482(e) of the HEA, which requires the Secretary to provide institutions with a “compliance calendar” of all reports and disclosures required under the HEA.

Important: Any omission in this document does not relieve institutions of any Title IV requirement. Also, this document is not intended to provide complete guidance about implementing the requirements listed. For more instruction on that, see the pertinent regulations as well as the appropriate volume and chapter of the Federal Student Aid Handbook.

Notes:

  1. Some disclosures do not occur on an annual or periodic basis but are expected to be continuously available and kept current. This is what it means when “N/A” appears for the due date in an entry.

  2. See the HEA Table of Contents, Appendix G of the FSA Handbook, for the sections of the U.S. Code that correspond to the sections of the HEA referred to in this appendix.

Updates for 2020–2021

On page 2 we removed references to The Handbook for Campus Safety and Security Reporting since it has been rescinded; see the October 10, 2020, announcement.

On pages 3–4 we clarified that a school’s audited financial statement and compliance audit must be submitted to the Department within six or nine months after the end of its fiscal year, depending on what type of institution it is and therefore what audit rules apply.

On page 6 we revised the section on foreign gift and contract reporting due to changes in requirements surrounding that, including the method of submitting the data, which were explained in a June 22, 2020 announcement.

Throughout this appendix we removed sections pertaining to gainful employment (GE) program reporting due to the rescission of the related GE regulations.

On page 8 under “Academic programs,” we added item #5, which is new to the regulations.

On page 10 we added the section about arbitration agreements.

On page 14 we added the section about enforcement actions.

On page 16 under “Job placement rates,” we added the second paragraph and the regulatory reference for it, 34 CFR 668.43(a)(14), which is new.

On page 17 under “Retention rates,” we added in the margin the regulatory reference 34 CFR 668.43(a)(17), which is new, and added “full-time” to the body text.

On page 18 we added the section on disclosures about teach-out plans.

On page 19 we revised the transfer of credit policies section to reflect changes to the regulations.

On pages 22–23 we revised the requirements for entrance counseling to more closely align with the regulations and to incorporate items 13–15, which are new (#16 was previously #13).

Reports

Annual security statistics

(For information on the disclosures related to this item, see the entries “Annual security report” and “Crime log” in the disclosures section.)

Due date: The date in the letter the Department sends to the school in the summer

Method of transmittal: https://surveys.ope.ed.gov/campussafety/

Recipient: The Department of Education

Description: To comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the Violence Against Women Act, an institution must report to the Department and disclose in its annual security statistics for the three most recent calendar years the number of each of the following crimes that occurred within its Clery geography1 and that are reported to local police agencies or to a campus security authority:

  1. Primary crimes, including criminal homicide: murder, non-negligent manslaughter, and negligent manslaughter; sex offenses: rape, fondling, incest, and statutory rape; robbery; aggravated assault; burglary; motor vehicle theft; arson;

  2. Arrests and referrals for disciplinary actions, including arrests for liquor law violations, drug law violations, and illegal weapons possession and persons not arrested for liquor law violations, drug law violations, and illegal weapons possession but who were referred for campus disciplinary action for one of those offenses;

  3. Hate crimes, including the number of each type of primary crime listed above that is determined to be a hate crime, and the number of the following that are determined to be hate crimes: larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property;

  4. Dating violence, domestic violence, and stalking.

1Clery geography—For the purpose of collecting statistics on the crimes listed, Clery geography includes buildings and property that are part of the institution’s campus, the institution’s non-campus buildings and property, and public property within or immediately adjacent to and accessible from the campus. For the purpose of maintaining the crime log described in the disclosures section, Clery geography includes, in addition to the locations above, areas within the patrol jurisdiction of the campus police or security department.

Athlete completion and graduation rates

(For information on the disclosures related to this item, see the corresponding entry in the disclosures section.)

Due date: July 1 (for the period ending Aug 31 of the previous year)

Recipient: National Center for Education Statistics

Description: An institution must report

  1. the number of students who attended the institution (categorized by race and gender);

  2. the number of students who received athletically-related student aid (categorized by race and gender within each sport);

  3. the completion, graduation, and/or transfer out rate of all entering certificate or degree-seeking, full-time, undergraduate students (categorized by race and gender);

  4. the completion, graduation, and/or transfer out rate of all entering students who received athletically-related student aid (categorized by race and gender within each sport);

  5. the average completion, graduation, or transfer-out rate for the four most recent graduating classes (categorized by race and gender);

  6. the average completion, graduation, and/or transfer out rate of the most recent four graduating classes of students who received athletically-related student aid (categorized by race and gender within each sport).

    The requirements dealing with completion and graduation rate data are waived for any institution that is a member of an athletic association or conference that has voluntarily published or agreed to publish completion or graduation rate data that the Secretary determines are substantially comparable to the data required here.

Audits

Due date: Six or nine months (see below) after the end of the institution’s fiscal year

Method of transmittal: eZ-Audit https://ezaudit.ed.gov

Recipient: Federal Student Aid

Description: A school must, at least annually, have an independent auditor conduct a compliance audit of its administration of the Title IV programs as well as an audit of the school’s general purpose financial statements. The school must submit its compliance audit and audited financial statements no later than six months after the last day of its fiscal year for audits performed under the audit guide for proprietary schools and third-party servicers. For audits performed under the Compliance Supplement of 2 CFR Part 200, which is for public and private nonprofit schools, the deadline is nine months after the end of the school’s fiscal year. Audits must be completed with the standards established by the U.S. General Accounting Office’s Government Auditing Standards and must include all Title IV, HEA program transactions that have occurred since the period covered by the institution’s last compliance audit.

Cash management contract URLs

(For information on the disclosures related to this item, as well as definitions of Tier One (T1) and Tier Two (T2) arrangements, see the corresponding entry in the disclosures section.)

Due date: After posting the relevant information on the school’s website

Method of transmittal: https://studentaid.ed.gov/sa/about/data-center/

Recipient: The Department of Education

Description: An institution must disclose on its website any contracts or agreements establishing a T1 or T2 arrangement between it and a third-party servicer or financial institution. The school must then report to the Secretary the Internet URL of the contract or agreement for inclusion in a Departmentally developed, centralized database that will be available to the public. The school submits the URL and other information at the website given above and must use the same site to submit any required updates.

Equity in Athletics Disclosure Act (EADA) Report

(For information on the disclosures related to this item, see the corresponding entry in the disclosures section.)

Due date: Within 15 days of making the report available to current and prospective students and the public

Method of transmittal: https://surveys.ope.ed.gov/athletics

Recipient: The Department of Education

Description: Any co-educational institution of higher education that participates in any title IV, HEA program and has an intercollegiate athletic program must prepare an annual report that includes the following:

  1. the number of full-time undergraduate students enrolled broken down by race and sex;

  2. a listing of the varsity teams that competed in intercollegiate athletic competition and for each team the following data:

    • the total number of participants as of the day of its first scheduled contest of the reporting year, the number of participants who also participated on another varsity team, and the number of other varsity teams on which they participated;

    • the total operating expenses attributable to the team;

    • whether the head coach (including graduate assistants or volunteers who served as head coaches) was male or female, was assigned to the team full-time or part-time, and, if assigned on a part-time basis, whether the head coach was a full-time or part-time employee of the school;

    • the number of assistant coaches (including graduate assistants or volunteers who served as assistant coaches) who were male and the number who were female and, within each category, the number who were assigned to the team on a full-time or part-time basis, and, of those assigned on a part-time basis, the number who were full-time and part time employees of the institution;

  3. the unduplicated head count of students who participate on at least one varsity team by gender;

  4. revenues derived by the institution from intercollegiate athletic activities: total revenues attributable to all men’s sports combined, all women’s sports combined, football, men’s basketball, women’s basketball, all men’s sports except football and basketball combined, and all women’s sports except basketball combined;

  5. expenses incurred by intercollegiate athletic activities in the following categories: total expenses attributable to football, men’s basketball, women’s basketball, all men’s sports except football and basketball combined, and all women’s sports except basketball combined;

  6. the total amount spent on athletically related student aid;

  7. the ratio of athletically related student aid awarded to male athletes to female athletes;

  8. the total amount of recruiting expenses aggregated for all men’s teams and all women’s teams;

  9. the average institutional salary of the non-volunteer head coaches of all men’s teams, across all sports, and the average annual institutional salary of the non-volunteer head coaches of all women’s teams, across all offered sports, on a per person and a per full-time equivalent position basis;

  10. the average annual institutional salary of the non-volunteer assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary of the non-volunteer assistant coaches of women’s teams, across all offered sports, on a per person and a full-time equivalent basis.

Fire safety statistics

(For information on the disclosures related to this item, see the entries “Fire log” and “Fire safety report” in the disclosures section.)

Due date: The date in the letter the Department sends to the school in the summer

Method of transmittal: https://surveys.ope.ed.gov/campussafety/

Recipient: The Department of Education

Description: Institutions must report statistics related to the fire safety and occurrences of fire on their campus. Specifically, the fire statistics include, for the three most recent calendar years,

  1. the number of fires and cause of each fire that occurs on campus;

  2. the number of persons who received fire-related injuries that resulted in treatment at a medical facility, including at an on-campus health center;

  3. the number of deaths related to a fire; and

  4. the value of property damage caused by a fire.

FISAP (Fiscal Operations Report and Application to Participate)

Due date: October 1

Method of transmittal: https://cod.ed.gov/

Recipient: Federal Student Aid

Description: The Fiscal Operations Report and Application to Participate is a data collection instrument used to gather program and fiscal information from institutions that have participated in one or more of the Campus-Based programs in a prior award year. In addition, an institution uses the FISAP to request funds to participate in the Campus-Based programs for the upcoming year. The FISAP will ask generic questions about the institution as well as request information specific to each of the Campus-Based programs in which the institution participates. Specifically, the FISAP requires:

  1. identifying information (e.g., name and address of the institution, OPEID, financial aid administrator and chief executive officer information);

  2. the amount requested for the next year for each Campus-Based program;

  3. information on enrollment, length of terms, and the number of students enrolled and expected to enroll;

  4. the total Pell Grant expenditures;

  5. Report on all annual and cumulative Perkins Loan activity (e.g., loan principal collected; loan principal cancelled due to a loan forgiveness program; any repayments of fund capital both to the government and to the institution);

  6. FSEOG information (e.g., funds allocated to students, non-federal share of funds advanced to FSEOG recipients, administrative cost allowances);

  7. Federal Work-Study information (e.g., amount of funds allocated to students, amount spent for summer employment, information about students employed in community service activities using FWS funds); and

  8. the amount of money transferred between Campus-Based programs.

Foreign gifts, contracts, and ownership

Due date: January 31 or July 31, whichever occurs first after the event triggering the report; schools that are owned or controlled by a foreign source must file two reports—one by each of those dates.

Method of transmittal: https://partners.ed.gov/ForeignGifts

Recipient: FSA School Participation Divisions

Description: Schools that receive Title IV aid are required to report gifts from or contracts with a foreign source—whether that is a foreign government, a legal entity, or a person—if the amount, singly or in combination, equals or exceeds $250,000 in any calendar year. Data that schools report include: the name and address of the foreign source and what type it is; whether schools are owned or substantially controlled by a foreign source and information pertaining to that; amounts of gifts and contracts (and other terms) from a foreign source that meet the $250,000 threshold, including restricted gifts and contracts; and for restricted or conditional gifts or contracts, a detailed description of the restrictions or conditions. See the June 22, 2020, announcement for more information.

IPEDS (Integrated Postsecondary Education Data System) surveys

Due date: Exact dates may change from year to year.

February: student financial aid, graduation rates, 200% graduation rates, admis- sions, outcome measures

April: fall enrollment, finance, human resources, academic libraries

October: institutional characteristics, completions, 12-month enrollment

Method of transmittal: https://surveys.nces.ed.gov/ipeds/

Recipient: NCES (National Center for Education Statistics)

Description: Institutions are required to submit data to the National Center for Education Statistics. The multiple IPEDS surveys provide the Department of Education a wide variety of open-access data on higher education. Among the information gathered from IPEDS reporting, the Secretary will publish annual college affordability and transparency lists related to college costs including information on tuition and fees for full-time undergraduate students, cost of attendance, and the number of undergraduate students receiving each type of financial aid. In addition, institutions must report the following: average annual cost of tuition, fees, room and board, books, supplies, and transportation; the net price of the institution, and the average annual cost of tuition and fees. IPEDS surveys focus on: student financial aid, graduation rates and completions, admissions, enrollment (fall semester and 12 month), finance, human resources, academic libraries, institutional characteristics.

An institution identified by the Secretary in the 5% of those with the largest 3-year increases, measured as a percentage change, in tuition and fees or in net price is required to report a description of the major areas in the institution’s budget with the greatest cost increases, an explanation of those cost increases, and a description of the steps the institution will take to reduce them.

Teacher preparation program report (Title II)

Due date: April 30: Institutions report to their state.

October 31: States submit their annual report to the Department.

Method of transmittal: https://title2.ed.gov/Public/Home.aspx

Recipient: Department of Education

Description: An institution of higher education conducting a traditional teacher preparation program or alternative routes to state certification or licensure program and enrolling students who receive federal assistance under this act shall report annually to the state and the general public in a uniform and comprehensible manner established by the Secretary the following:

  1. whether it satisfied its annual goal for increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary or by the state educational agency and a description of the activities the institution implemented to achieve such goals; a description of the steps the institution is taking to improve its performance in meeting its annual goals; and a description of the activities the institution has implemented to meet the required assurances listed in HEA 206(b);

  2. for the most recent year for which information is available for those students who took the assessments used for teacher certification or licensure by the state in which the program is located: the percentage of students who completed 100 percent of the nonclinical coursework and took and passed the assessment, the percentage of all students who passed that assessment, the percentage of students who have taken the assessment who enrolled in and completed the traditional teacher preparation program or alternative routes to state certification or licensure program, the average scaled score for all students who took such assessment, a comparison of the program’s pass rates with the average pass rates for programs in the state, and a comparison of the program’s average scaled scores with the average scaled scores for programs in the state;

  3. a description of: the criteria for admission into the program, the number of students in the program (disaggregated by race, ethnicity, and gender), the average number of hours of supervised clinical experience required for those in the program, the number of full-time equivalent faculty and students in the supervised clinical experience, and the total number of students who have been certified or licensed as teachers, disaggregated by subject and area of certification or licensure;

  4. in states that require approval or accreditation of teacher preparation programs, a statement whether the institution’s program is so approved or accredited and by whom;

  5. whether the program has been designated as low-performing by the state under HEA 207(a);

  6. a description of the activities that prepare teachers to integrate technology effectively into curricula and instruction and to use technology effectively to collect, manage, and analyze data in order to improve teaching and learning for the purpose of increasing student academic achievement; and

  7. a description of the activities that prepare general education and special edu- cation teachers to teach students with disabilities effectively.

Disclosures

Academic programs

Due date: Available upon request or published in material produced by the school

Method of transmittal: Website, electronic media, publications, or mailings. On an annual basis an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Recipient: Enrolled and prospective students

Description: Institutions must annually provide information about their academic programs. Specifically, they must publish

  1. the current degree programs and other educational and training programs offered at the school;

  2. instructional, laboratory, and other physical plant facilities related to the academic program;

  3. faculty and other instructional personnel;

  4. any plans by the institution for improving an academic program; and

  5. if a program is either designed to meet educational requirements for a professional license or certification needed for employment in an occupation or is advertised as meeting such requirements, information about whether completion of that program would meet licensure requirements in a state for that occupation. This disclosure includes lists of all states for which the school has determined that its curriculum meets or does not meet the state educational requirements for licensure or certification, as well as a list of those states for which the school has not made that determination.

Further:

  • For prospective students, if the school determines that a program’s curriculum does not meet the state educational requirements for licensure or certification in the state in which those students are located, or if it has not made that determination about the program’s curriculum, the school must notify students of that prior to their enrollment in the program.

  • For current students, if the school determines that their program’s curriculum does not meet the state educational requirements for licensure or certification in the state in which those students are located, the school must notify them within 14 calendar days of making that determination.

This disclosure must be made directly to students in writing, which may be via email or other electronic communication. The school must determine the state in which a student is located according to its policies or procedures (which must be applied consistently to all students), at the time of the student’s initial enrollment and, if applicable, upon formal notification from the student, according to school procedures, that he or she has moved to another state.

The school must, upon request, provide the Department with written documentation of its determination of a student’s location, including the basis for that determination.

Accreditation, approval, and/or licensure

Due date: Available upon request or published in material. On an annual basis an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Enrolled and prospective students

Description: An institution must publish information on their accreditation, ap- proval, and licensure. Specifically, they must include:

  1. names of associations, agencies, or governmental (federal, state, or tribal) bodies that accredit, approve, or license the institution and its programs and

  2. procedures for obtaining or reviewing documents describing accreditation, approval, or licensing.

An institution must also provide its students or prospective students with contact information for filing complaints with its accreditor and with its state approval or licensing entity and any other relevant state official or agency that would appropriately handle a student’s complaint.

Annual security report

Due date: October 1

Method of transmittal: Report mailed or delivered to each enrolled student and employee or made available on an Internet or intranet website. Prospective students and prospective employees receive notice of the report and can receive it upon request. On an annual basis an institution must provide enrolled students with a list of the information that it is required to provide under HEA §485 to students and with a statement of how to get the information.

Recipient: Enrolled students and current employees, prospective students and employees

Description: The annual security report must contain the following:

  1. The crime statistics described earlier in this appendix.

  2. Policies regarding the procedures for students and others to report criminal actions or other emergencies occurring on campus and regarding the institution’s response to these reports, including policies for making timely warnings to members of the campus community, policies for preparing the annual disclosure of crime statistics, a list of the titles of each person to whom individuals should report criminal offenses, and policies and procedures for victims and witnesses to report crimes on a voluntary and confidential basis.

  3. Policies concerning security of and access to campus facilities, including residence halls.

  4. Policies concerning campus law enforcement that: address the enforcement authority and jurisdiction of security personnel; address the working relationship of campus security personnel with state and local law enforcement agencies, including whether those security personnel have the authority to make arrests and any agreements between the institutions and such agencies; encourage accurate and prompt reporting of all crimes to the campus police and the appropriate police agencies; and describe procedures, if any, that encourage counselors, if and when they deem it appropriate, to inform the persons they are counseling of any procedures to report crimes on a voluntary and confidential basis.

  5. A description of the type and frequency of programs designed to inform students and employees about campus security procedures and to encourage them to be responsible for their own security and the security of others.

  6. A description of programs designed to inform students and employees about the prevention of crimes.

  7. A statement of policy concerning the monitoring and recording through local police agencies of criminal activity by students at noncampus locations of student organizations officially recognized by the institution, including those organizations with noncampus housing facilities.

  8. The policy on the possession, use, and sale of alcoholic beverages and enforcement of state underage drinking laws.

  9. The policy on the possession, use, or sale of illegal drugs and enforcement of federal and state drug laws.

  10. A description of any drug or alcohol-abuse education programs.

  11. A statement on dating violence, domestic violence, sexual assault, and stalking and the procedures the school will follow when one of these crimes is reported. The statement must include:

    • a description of the institution’s educational programs and campaigns to prevent these crimes and promote awareness of them;

    • procedures victims should follow if such a crime has occurred, including the importance of preserving evidence, how and to whom the alleged offense should be reported, options about the involvement of law enforcement and campus authorities, and, where applicable, the rights of victims and the school’s responsibilities for orders (of protection, “no-contact,” restraining, or similar) issued by a court or the school;

    • information about how the institution will protect the confidentiality of victims and other necessary parties, including how the school will complete publicly available record keeping without using identifying information about the victim and will keep confidential any protective measures provided to the victim as long as that confidentiality does not impair the school’s ability to provide those measures;

    • a statement that the school will provide written notification to students and employees about its counseling, health, and other assistance programs available for victims;

    • a statement that the institution will provide written notification to victims about options for academic, living, transportation, and working situations or protective measures,

    • an explanation of the procedures for institutional disciplinary action in cases of these alleged crimes, and

    • a statement that when students or employees report that they have been a victim of dating violence, domestic violence, sexual assault, or stalking, the school will provide them a written explanation of their rights and options.

  12. A statement advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained.

  13. The policy on emergency response and evacuation procedures.

  14. The policy on missing student notification procedures.

Arbitration agreements

Due date: Must make readily available

Method of transmittal: Website, electronic media, publications, mailings

Recipient: Enrolled and prospective students and the public

Description: A school must make available to enrolled students, prospective students, and the public, a plain language disclosure if it requires students receiving Title IV aid to accept a pre-dispute arbitration agreement or class action waiver as a condition of enrollment. This disclosure must also state that

  1. the school cannot require the borrower to participate in arbitration or any internal dispute resolution process offered by the school prior to filing a borrower defense to repayment application with the Department pursuant to §685.206(e);

  2. the school cannot in any way require students to limit, relinquish, or waive their ability to pursue filing such a borrower defense claim; and

  3. any arbitration required by a pre-dispute arbitration agreement begins the limitations period for filing a borrower defense to repayment application pursuant to §685.206(e)(6)(ii).

Athlete completion and graduation rates

Due date: Provided when an offer is made of athletically related student aid

Method of transmittal: The disclosure may be made electronically or on paper.

Recipient: Prospective student athletes, their parents, high school coach, and guidance counselor

Description: The report sent to NCES and described in the first section is provided to prospective student athletes and others at the time an offer is made of athletically related student aid. An institution does not have to provide a report on completion or graduation rates to prospective student athletes and their parents, high school coaches, and guidance counselors if

  1. the institution is a member of a national collegiate athletic association,

  2. the association compiles data on behalf of its member institutions, and

  3. the association distributed the compilation to all secondary schools in the U.S.

Career and Placement Services

Due date: Continuous

Method of transmittal: Website

Recipient: Enrolled and prospective students

Description: An institution must make information easily accessible on its website about career and placement services it offers to students during and after enrollment.

Cash management contracts

Due date: September 1, 2016, for initial posting of the contracts and thereafter no later than 60 days following the most recently completed award year. For certain additional information, September 1, 2017, and thereafter no later than 60 days following the most recently completed award year.

Method of transmittal: The institution’s website

Recipient: The public

Description: All institutions must post to their website any contracts or agreements establishing a Tier 1 (T1) or Tier 2 (T2) arrangement (see Volume 4 for definitions) between them and a third-party servicer or financial institution. An institution must conspicuously post the entire contract or agreement, except that it may redact any provisions that, if disclosed, would compromise personal privacy, proprietary information technology, or the security of information technology or of physical facilities.

Institutions with T1 and certain T2 arrangements must post to their websites specific information about payments or other benefits received by and from the institutions and their T1 and T2 partners. Institutions must also post the number of student account holders and the mean and median fees these account holders were assessed. In doing this, schools should follow these rules:

  • Prominently place information on the mean and median costs students incurred and the number of student accountholders first at the URL given to the Department under §668.164(e)(2)(viii) and (f)(4)(v).

  • Place information on the total monetary consideration paid or received by the contracting parties directly below the information on student accounts.

  • Place any non-monetary consideration between the contracting parties directly below that on the monetary consideration.

  • Display the monetary consideration and the mean and median fees charged to students in a format that includes a dollar sign, the amount in whole dollars, and a comma after the thousands place (e.g. $1,234).

Completion/graduation and transfer-out rates

Due date: Disclosed annually but no specific date. In the case of a request from a prospective student, the information must be made available prior to the student’s enrolling or entering into any financial obligation with the institution. On an annual basis an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Enrolled and prospective students

Description: An institution must make available the completion or graduation rate of certificate- or degree-seeking, first-time, full-time undergraduate students. In addition, these rates should be disaggregated for the following categories: (1) gender; (2) race and ethnicity; (3) Federal Pell Grant recipients; (4) recipients of a subsidized Stafford Loan, but not a Pell Grant; and (5) students who received neither a Pell Grant nor a subsidized Stafford Loan. These rates should be calculated at 150% of normal time for completion and should match the information provided to the National Center for Education Statistics’ IPEDS surveys.

Contact information regarding institutional or financial aid

Due date: Available upon request or published in material. An institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 annually, and with a statement of the procedure for obtaining the information.

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Enrolled and prospective students

Description: Institutions must publish and make available to prospective and en- rolled students information on how and where to contact individuals designated to assist in obtaining institutional or financial aid information.

Copyright infringement policies and sanctions

Due date: A school must annually provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Enrolled and prospective students

Description: An institution must make available the institution’s policies on copy- right infringement. Specifically, they must distribute:

  1. a statement that informs students that unauthorized distribution of copyrighted material and unauthorized peer-to-peer sharing may be subject to civil and criminal liabilities,

  2. a summary of the penalties for violation of federal copyright laws,

  3. a description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the institution’s information technology system, and

  4. the legal alternatives for downloading or otherwise acquiring copyrighted material.

An institution must have a plan to combat unauthorized distribution of copyrighted material by users of its network that includes, in addition to the above, one or more technology-based deterrents, mechanisms for informing its community about appropriate versus inappropriate use of copyrighted material, and procedures for periodically reviewing the effectiveness of the effort. The school will, in consultation with the chief technology or other designated officer, periodically review the legal alternatives for acquiring copyrighted material and make available the results of this review to its students through a website or other means.

Cost of attendance

Due date: Available upon request or published in material. On an annual basis an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Enrolled and prospective students

Description: An institution must publish information about the price of attendance, including tuition and fees, books and supplies, room and board, transportation costs, and any additional costs.

Crime log

Due date: Available for public inspection upon request; see below

Method of transmittal: A written log

Recipient: The public

Description: A school with a campus police or security department must maintain a written, easily understood daily log that records by the date reported to campus police or security any crime that occurred within the school’s Clery geography (see the definition given under the annual security statistics entry in the report section). The log must include the disposition of the complaint, if known, and the nature, date, time, and general location of each crime.

The school must make an entry or an addition to an entry to the log within two business days of the report of the information to the campus police or security department unless that disclosure is prohibited by law or would jeopardize the confidentiality of the victim.

A school may withhold information if there is clear and convincing evidence that releasing it would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence. The school must disclose any information so withheld once the adverse effect is no longer likely to occur.

A school may withhold only that information that would cause the adverse effects described in the above paragraphs.

Schools must make the crime log for the most recent 60 days open to public inspection during normal business hours and must make any part of the log older than 60 days available within two business days of a request for public inspection.

Disability services and facilities

Due date: Available upon request or published in material. On an annual basis an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Method of transmittal: Website, electronic media, publications, mailings

Recipient: Enrolled and prospective students

Description: An institution must make information easily accessible on its website about the facilities and services available to students with disabilities, including those diagnosed with intellectual disabilities.

Drug and alcohol abuse prevention materials

Due date: Annually

Method of transmittal: Distributed in writing

Recipient: Enrolled students and employees

Description: An institution is required to distribute information on preventing drug and alcohol abuse. Specifically, an IHE that participates in title IV, HEA pro- grams must distribute

  1. standards of conduct that prohibit the unlawful possession, use, or distribution of illicit drugs;

  2. a description of legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;

  3. a description of health risks associated with the use of illicit drugs and the abuse of alcohol;

  4. a description of available counseling, treatment, rehabilitation, or re-entry programs that are available to employees or students; and

  5. a clear statement that the institution will impose disciplinary sanctions on students and employees and a description of those sanctions for violations of the standards of conduct.

Drug and alcohol abuse prevention program review

Due date: Biennially

Method of transmittal: Must be made available upon request, but no format is specified.

Recipient: Department of Education and public

Description: An institution is required to make available the results of a biennial review of the institution’s drug and alcohol abuse program that

  1. determines the program’s effectiveness and any needed changes,

  2. determines the number of drug and alcohol related violations and fatalities,

  3. identifies the number and type of sanctions imposed, and

  4. ensures that the sanctions are consistently enforced.

Enforcement actions

Due date: Must make readily available

Method of transmittal: Website, electronic media, publications, mailings

Recipient: Enrolled and prospective students

Description: A school must disclose if an enforcement action or prosecution is brought against it by a state or federal law enforcement agency in any matter where a final judgment against the school, if rendered, would result in an adverse action by an accrediting agency against the school; revocation of its state authorization; or limitation, suspension, or termination of its Title IV eligibility.

Equity in Athletics Disclosure Act (EADA) report

Due date: October 15

Method of transmittal: On paper or electronically upon request.

Recipient: Enrolled and prospective students and the public

Description: An institution must make the EADA report described earlier easily accessible to current and prospective students and the public. The institution must also provide notice to all enrolled students and prospective students of their right to request the report. If the institution chooses to post the report on an Internet or intranet website, it must provide in the notice the exact electronic address and a brief description of the report and state that it will provide a paper copy of the report on request. For prospective students, the institution may not use an intranet website for this purpose. For a full list of items found in this report, see the EADA entry in the reports section.

Federal student financial aid penalties for drug law violations

Due date: Upon enrollment and upon the loss of eligibility for any grant, loan, or work-study assistance due to drug offenses.

Method of transmittal: Separate written notice

Recipient: Each student

Description: An institution must provide to each student at the time of enrollment a separate and clear written notice that a conviction for any drug offense while receiving Title IV aid will result in a loss of eligibility for all Title IV aid. For individuals who have lost eligibility, an institution must provide them with a separate, clear, and conspicuous notification of Title IV eligibility loss and must advise them how eligibility may be regained.

Fire log

Due date: Upon request; see below

Method of transmittal: A written log available for public inspection

Recipient: The public

Description: A school with on-campus student housing must maintain a written, easily understood fire log that records by the date reported any fire that occurred in an on-campus student housing facility. The log must include the nature, date, time, and general location of each fire. The school must make an entry or an addition to an entry to the log within two business days of receiving the information.

The fire log must be open to public inspection during normal business hours for the most recent 60-day period. Any portion of the log older than 60 days must be available within two business days of a request for public inspection.

Fire safety report

Due date: Annually

Method of transmittal: Report or notice of report mailed or delivered to each enrolled student and employee or made available on an Internet or intranet website.

Prospective students and prospective employees receive notice of report and receive a paper copy of the report upon request.

Every year an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Recipient: Enrolled students and current employees; Prospective students and employees

Description: An institution must make an annual report to the campus community on the fires recorded in the fire log. This requirement may be satisfied by the annual fire safety report, which contains:

  1. The fire statistics described earlier in this appendix.

  2. A description of each on-campus student housing facility fire safety system.

  3. The number of fire drills held during the previous calendar year.

  4. The school’s policies or rules on portable electrical appliances, smoking, and open flames in a student housing facility.

  5. The school’s procedures for student housing evacuation in the case of a fire.

  6. The policies on fire safety education and training programs provided to the students and employees. In these policies, the institution must describe the procedures that students and employees should follow in the case of a fire.

  7. For purposes of including a fire in the statistics in the annual fire safety report, a list of the titles of each person or organization to which students and employees should report that a fire occurred.

  8. Plans for future improvements in fire safety, if found necessary by the school.

Information for crime victims about disciplinary proceedings

Due date: Upon written request

Method of transmittal: Written correspondence

Recipient: Alleged victim or next of kin, if alleged victim is deceased as a result of such crime

Description: Institutions must disclose upon request to the alleged victim of any crime of violence or a non-forcible sex offense the report on the results of any disciplinary hearing against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of the crime, the next of kin shall be treated as the alleged victim for purposes of disclosure.

Job placement rates

Due date: Available

Method of transmittal: Not specified

Recipient: Prospective students

Description: If an institution uses job placement rates in their marketing material, they are required to provide certain disclosures about job placement rates. They must provide and certify the data is the most recent available, provide any other information necessary to substantiate the truthfulness of the information, and provide any state licensing requirements. In addition, an institution must provide information on the placement in employment and types of employment obtained by graduates of the institution’s degree and certificate programs.

If the school’s accrediting agency or state requires it to calculate and report a placement rate, the school must disclose its placement in employment of, and types of employment obtained by, graduates of its degree or certificate programs. This information is to be gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of Student Engagement, the Community College Survey of Student Engagement, state data systems, or other relevant sources approved by the accrediting agency.

Missing Person Policy

Due date: October 1. On an annual basis an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Method of transmittal: In the annual security report

Recipient: The campus community

Description: An institution that provides any on-campus student housing must disclose its missing student notification policy. That policy must

  1. indicate the title of persons or organizations to which reports should be made when a student has been missing for 24 hours;

  2. require any missing student report be referred immediately to the institution’s police or campus security or, in their absence, to the local law enforcement agency with jurisdiction;

  3. give a student the option to identify a contact person(s) who will be notified within 24 hours of the determination by campus security or local law enforcement that the student is missing;

  4. advise students that their contact information will be registered confidentially, will be accessible only to authorized campus officials, and that it may not be disclosed except to law enforcement investigating a missing person;

  5. advise students that if they are under the age of 18 and not emancipated, the institution must notify a custodial parent or guardian within 24 hours of when the students are determined to be missing (in addition to any other contact person they designated above); and

  6. inform students that the institution will notify local law enforcement within 24 hours of when a student is determined to be missing unless local law enforcement made that determination.

Net price calculator

Due date: Continuous

Method of transmittal: Website

Recipient: The public

Description: Institutions must make a net price calculator available on their website. The calculator may be one provided by the U.S. Department of Education or one that the institution creates as long as it contains, at a minimum, the same data elements in the Department’s calculator.

Estimates produced by the net price calculator shall be accompanied by a clear and conspicuous disclaimer stating that the estimate may change; that it does not represent a final determination or actual award of financial aid; and that it shall not be binding on the Secretary, the institution, or the state. The disclaimer must also state that the student must complete the Free Application for Federal Student Aid (FAFSA) to receive an actual financial aid award that includes federal grant, loan, or work-study assistance under Title IV, and the disclaimer must include a link to the Department’s FAFSA website.

Privacy of student records—Family Educational Rights and Privacy Act (FERPA)

Due date: Annually a school must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Method of transmittal: Electronic media, publications, or mailings

Recipient: Enrolled students

Description: An institution that receives any funds from any Department of Education program (not just financial aid funds) must provide a notice to all students currently in attendance, or parents of students currently in attendance about their right to inspect and review the student’s education records, to seek amendment of the student’s education records that may be inaccurate, misleading, or otherwise in violation of the student’s privacy rights, consent to disclosures of personally identifiable information, and file complaints with the U.S. Department of Education. The notice must include the procedure for exercising the right to inspect and review education records, the procedure for requesting amendment of records, and if the educational agency or institution has a policy of disclosing education records, a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest.

An institution shall effectively notify parents or eligible students who are disabled and parents who have a primary or home language other than English.

For a school to disclose directory information without prior consent, it must provide a notice of directory information that includes: (1) the types of information that has been designated directory information and (2) the student’s right to refuse to allow any information to be designated as directory information (including the time period the student has to make that request in writing).

Refund policy, withdrawal, and return of Title IV financial aid

Due date: Available upon request or published in material. On an annual basis an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Enrolled and prospective students

Description: An institution must publish (1) the institution’s refund policy, (2) requirements and procedures for official withdrawal, and (3) requirements for return of Title IV, HEA grants and loans.

Retention rates

Due date: On an annual basis an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information. See below regarding prospective students.

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Enrolled and prospective students

Description: An institution must make available the retention rate of certificate-or degree-seeking, first-time, full-time undergraduate students as reported to the National Center for Education Statistics’ IPEDS surveys. In the case of a request from a prospective student, the information must be made available prior to the student’s enrolling or entering into any financial obligation with the institution.

Student activities

Due date: None specified

Method of transmittal: Website

Recipient: Enrolled and prospective students

Description: An institution must make information easily accessible on its website about student activities it offers.

Student body diversity

Due date: Available upon request. On an annual basis an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Method of transmittal: Publications, mailings, or electronic media

Recipient: Enrolled and prospective students

Description: An institution must publish information about student body diversity, including the percentage of enrolled, full-time students who are male, female, federal Pell Grant recipients, and self-identified members of a major racial or ethnic group. All of these items are also collected through IPEDS surveys.

Student financial aid information

Due date: Available upon request or published in material. On an annual basis an institution must provide enrolled students with a list of the information (which includes this item) that it is required to provide under HEA §485 to students, and with a statement of the procedure for obtaining the information.

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Enrolled and prospective students

Description: Institutions must make available information on

  1. all need-based and non-need-based federal, state, and local, private and institutional based student financial aid programs;

  2. terms and conditions of Title IV, HEA loans;

  3. criteria for selecting award recipients and how the award amount is determined;

  4. procedures for applying for aid and eligibility requirements;

  5. information on the disbursement of aid;

  6. rights and responsibilities in receiving financial aid;

  7. terms of any loans and a sample loan repayments schedule;

  8. a statement that study abroad approved for credit may be considered enrollment in the home institution for the purposes of financial aid;

  9. general conditions and terms applicable to employment provided as part of the financial aid package;

  10. the exit counseling information the institution collects;

  11. the cost of attending the institution;

  12. the academic programs of the institution; and

  13. the standards of satisfactory academic progress.

Teach-out plans

Due date: Must make readily available

Method of transmittal: Website, electronic media, publications, mailings

Recipient: Enrolled and prospective students

Description: If the school is required to maintain a teach-out plan by its accrediting agency, it must disclose this fact and the reason that the accrediting agency required such a plan under §602.24(c)(1).

Textbook information

Due date: Available on website for each class

Method of transmittal: Website—Internet course schedule

Recipient: Available to the public

Description: To the maximum amount practicable, an institution shall publish in its Internet course schedule used for registration and preregistration the ISBN and retail price information of required and recommended textbooks and supplemental materials for each course. If the ISBN is not available, the institution must provide the author, title, publisher, and copyright date for the material. If applicable, the institution shall note in any written course schedule that textbook information is available in the Internet course schedule and provide the Web address of that schedule.

If the institution determines that the disclosure of textbook information is not practicable for a college textbook or supplemental material, the institution shall put the designation “To Be Determined” in lieu of the textbook information.

Transfer of credit policies

Due date: Must make readily available

Method of transmittal: Website, electronic media, publications, mailings

Recipient: Enrolled and prospective students

Description: A school must disclose a description of its transfer of credit policies, which must include

  1. any established criteria the school uses regarding the transfer of credit earned at another school and any types of institutions or sources from which it will not accept credits;

  2. a list of schools with which it has established an articulation agreement; and

  3. written criteria used to evaluate and award credit for prior learning experience including, but not limited to, service in the armed forces, paid or unpaid employment, or other demonstrated competency or learning.

Types of graduate/professional education that graduates enroll in

Due date: N/A

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Enrolled and prospective students

Description: An institution must make available information regarding the types of graduate and professional education in which graduates of its four-year programs enroll and identify the source of the information provided and any time frames or methodology associated with it. In complying with this, the institution may gather information from state data systems, alumni or student satisfaction surveys, or other relevant sources.

Vaccinations policy

Due date: N/A

Method of transmittal: Publications, mailings, or electronic media

Recipient: Enrolled and prospective students

Description: Institutions must provide information about their policies on vaccinations.

Voter registration forms

Due date: Institutions must request forms from the state at least 120 days prior to the deadline to register to vote in the state. Otherwise the form shall be made widely available to students at the institution.

Method of transmittal: Email or regular mail

Recipient: Students enrolled in a degree or certificate program and physically in attendance at the institution.

Description: In most states1 an institution must make a good faith effort to make mail voter registration forms widely available to students enrolled in a degree or certificate program and physically attending the institution. The institution shall request the voter registration forms at least 120 days prior to the deadline to register to vote in the state. An institution may electronically transmit a message, devoted exclusively to voter registration, with a voter registration form for use in the state in which the institution is located or with an Internet address where such a form can be downloaded.

1 Institutions in six states—Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming—are exempt from this requirement, as are those in Puerto Rico, Guam, the Virgin Islands, and American Samoa.

Written arrangements

Due date: None given

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Enrolled and prospective students

Description: A school must provide enrolled and prospective students with a description of the written arrangements it has entered into, including

  • the portion of the educational program that the school that grants the degree or certificate is not providing,

  • the name and location of the other schools or organizations that are providing that portion of the educational program,

  • the method of delivery of that part of the educational program, and

  • estimated additional costs students may incur by enrolling in an educational program provided under the written arrangement.

Exclusions for Foreign Schools

Many of the consumer information requirements described in this appendix do not apply to foreign schools. Following is a list of those with the relevant regulatory or statutory citation. See the November 28, 2018, Federal Register notice.

  • Transfer of credit policies and articulation agreements (34 CFR 668.43(a)(11))

  • Copyright infringement policies and sanctions, including computer use and file sharing (34 CFR 668.43(a)(10))

  • School and program accreditation, approval, or licensure (34 CFR 668.43(a)(6))

  • Drug and alcohol abuse prevention program (34 CFR 86.100 and 86.103; 20 U.S.C. 1011i)

  • Completion/graduation and transfer-out rates for students receiving athletically related student aid (34 CFR 668.41(f) and 668.48)

  • Intercollegiate athletic program participation rates and financial support (Equity in Athletics Disclosure Act) (34 CFR 668.41(g) and 668.47(c))

  • Completion/graduation and transfer-out rates (including disaggregated completion/graduation rates) (34 CFR 668.41(d) and 668.45)

  • Placement in employment (34 CFR 668.41(d))

  • Job placement rates (34 CFR 668.14(b)(10))

  • Types of graduate and professional education in which the institution’s graduates enroll (34 CFR 668.41(d)(6))

  • Retention rate (34 CFR 668.41(d)(3))

  • Security report—missing person notification policy (34 CFR 668.46(b)(14) and 668.46(h))

  • Fire safety report (34 CFR 668.41(e) and 668.49)

  • Fire log (34 CFR 668.49(d))

  • State grant assistance (34 CFR 668.14(b)(11))

  • Notice of federal student financial aid penalties for drug law violations (20 U.S.C. 1092(k))

  • Vaccinations policy (20 U.S.C. 1092(a)(1))

  • Student body diversity (20 U.S.C. 1092(a)(1)(Q))

  • Textbook information (20 U.S.C. 1015b)

  • Accountability for programs that prepare teachers (20 U.S.C. 1022d–1022g)

  • Voter registration forms (20 U.S.C. 1094(a)(23))

  • Constitution Day (36 U.S.C. 106)

Disclosures Related to Loans

Code of conduct

Due date: N/A

Method of transmittal: Website

Recipient: Public and those with responsibilities with loans must be notified annually

Description: An institution must publish a code of conduct that prohibits conflicts of interest with respect to Title IV, HEA loans or private education loans. The code of conduct must prohibit (1) revenue-sharing agreements; (2) receiving gifts from a lender, guarantor, or loan servicers; (3) contracts providing financial benefit from any lender; (4) directing borrowers to a particular lender; (5) offers of funds for private loans; (6) call center or financial aid office staffing assistance; and (7) advisory board compensation.

Disclosure of repayment information about Perkins loans

Note that the Perkins Loan Program ended in 2017. No new Perkins loans could be made after September 30, 2017, and no disbursements on existing loans could be made after June 30, 2018. See DCL GEN-16-05 and the online FAQs.

Due date: Shortly before borrowers cease at least half-time study or during exit counseling

Method of transmittal: A written statement

Recipient: Student borrowers

Description: A school must provide repayment information in writing to Perkins borrowers during exit counseling or shortly before they cease at least half-time study. If a borrower enters repayment without the school’s knowledge, it must provide the required disclosures in writing immediately upon discovery of that.

The repayment information must include

  1. the name and address of: the school to which the debt is owed and the official or servicing agent to whom communications should be sent;

  2. the name and address of the party to which payments should be sent;

  3. the estimated balance owed by the borrower as of the date on which the repayment period is scheduled to begin;

  4. the stated interest rate on the loan;

  5. the total amount the borrower will repay if he follows the repayment schedule provided;

  6. the repayment schedule for all loans covered by the disclosure, including the date the first installment payment is due and the number, amount, and frequency of required payments;

  7. an explanation of the available repayment options, including special options for forbearance, deferment, consolidation, and refinancing, as well as a statement that the borrower has the right to prepay all or part of the loan at any time without penalty;

  8. The consequences of consolidating a Perkins loan;

  9. a description of the charges imposed for failure of the borrower to pay all or part of an installment when due;

  10. a description of any charges that may be imposed as a consequence of default, such as liability for expenses reasonably incurred in attempts by the Department or the school to collect on the loan;

  11. the total interest charges the borrower will pay on the loan pursuant to the projected repayment schedule;

  12. the contact information of a person who, upon request of the borrower, will provide the borrower with a copy of his or her signed promissory note; and

  13. an explanation that if a borrower is required to make minimum monthly repayments and has received loans from more than one institution, the borrower must notify the institution if he or she wants the minimum monthly payment determination to be based on payments due to other institutions.

Entrance counseling

Due date: Prior to first disbursement

Method of transmittal: Must be in person, by audiovisual presentation, or by interactive electronic means, such as on the Department’s Student Loans website

Recipient: First-time Direct Loan student borrower

Description: Schools must ensure that Direct Loan borrowers receive entrance counseling that must

  1. Explain the use of a master promissory note (MPN);

  2. Emphasize to the borrower the seriousness and importance of the repayment obligation she is assuming;

  3. Describe the likely consequences of default, including adverse credit reports, delinquent debt collection procedures under federal law, and litigation;

  4. Emphasize that the student borrower is obligated to repay the full amount of the loan even if he does not complete the program, does not complete the program within the regular time for program completion, is unable to obtain employment upon completion, or is otherwise dissatisfied with or does not receive the educational or other services that he purchased from the school;

  5. Inform the borrower of sample monthly repayment amounts based on

    • A range of student levels of indebtedness of Direct Subsidized and Unsubsidized Loan borrowers, or student borrowers with Direct Subsidized, Unsubsidized, and PLUS Loans depending on the types of loans the borrower has obtained; or

    • The average indebtedness of other borrowers in the same program at the same school as the borrower;

  6. To the extent practicable, explain the effect of accepting the loan to be disbursed on the borrower’s eligibility for other forms of student financial aid;

  7. Provide information on how interest accrues and is capitalized during periods when the interest is not paid by either the borrower or the Secretary;

  8. Inform the borrower of the option to pay the interest on a Direct Unsubsidized Loan while she is in school;

  9. Explain the definition of half-time enrollment at the school, during regular terms and summer school, if applicable, and the consequences of not maintaining half-time enrollment;

  10. Explain the importance of contacting the appropriate offices at the school if the borrower withdraws prior to completing the borrower’s program of study so that the school can provide exit counseling, including information regarding the borrower’s repayment options and loan consolidation;

  11. Provide information on the National Student Loan Data System and how the borrower can access the borrower’s records;

  12. Provide the name of and contact information for the individual the borrower may contact if the borrower has any questions about the borrower’s rights and responsibilities or the terms and conditions of the loan;

  13. For loans first disbursed on or after July 1, 2020, if, as a condition of enrollment, the school requires borrowers to enter into a pre-dispute arbitration agreement, as defined in §668.41(h)(2)(iii) of this chapter, or to sign a class action waiver, as defined in §668.41(h)(2)(i) and (ii) of this chapter, the school must provide a written description of the school’s dispute resolution process that the borrower has agreed to pursue, including the name and contact information for the individual or office at the school that the borrower may contact if the borrower has a dispute relating to the borrower’s loans or to the provision of educational services for which the loans were provided;

  14. For loans first disbursed on or after July 1, 2020, if, as a condition of enrollment, the school requires borrowers to enter into a pre-dispute arbitration agreement, as defined in §668.41(h)(2)(iii) of this chapter, the school must provide a written description of how and when the agreement applies, how the borrower enters into the arbitration process, and who to contact if the borrower has any questions;

  15. For loans first disbursed on or after July 1, 2020, if, as a condition of enrollment, the school requires borrowers to sign a class-action waiver, as defined in §668.41(h)(2)(i) and (ii) of this chapter, the school must explain how and when the waiver applies, alternative processes the borrower may pursue to seek redress, and who to contact if the borrower has any questions; and

  16. For first-time borrowers as defined in §685.200(f)(1)(i), explain the limitation on eligibility for Direct Subsidized Loans and possible borrower responsibility for accruing interest described in §685.200(f), including—

    • The possible loss of eligibility for additional Direct Subsidized Loans;

    • How a borrower’s maximum eligibility period, remaining eligibility period, and subsidized usage period are calculated;

    • The possibility that the borrower could become responsible for accruing interest on previously received Direct Subsidized Loans and the portion of a Direct Consolidation Loan that repaid a Direct Subsidized Loan during in-school status, the grace period, authorized periods of deferment, and certain periods under the Income-Based Repayment and Pay As You Earn Repayment plans; and

    • The impact of borrower responsibility for accruing interest on the borrower’s total debt.

For graduate or professional student Direct PLUS loan borrowers, an institution must provide information prior to disbursement that includes

  1. a range of student levels or indebtedness of graduate or professional student PLUS loan borrowers, of student borrowers with Direct PLUS loans and Direct Subsidized or Direct Unsubsidized loans, depending on the types of loans the borrower has obtained, or the average indebtedness of other borrowers in the same program at the same school;

  2. inform the borrower of the option to pay interest on a PLUS loan while the borrower is in school;

  3. the maximum interest rate for a Direct PLUS loan, periods when interest accrues on that loan, and the point at which it enters repayment;

  4. for a graduate or professional student Direct PLUS loan borrower who has not received a prior Direct Subsidized loan or Direct Unsubsidized loan, the information listed in the above section for first-time borrowers.

Exit counseling

Due date: Shortly before student borrower ceases at least half-time study at the school.

Method of transmittal: Must be in person, by audiovisual presentation, or by interactive electronic means, such as on the Department’s Student Loans website

Recipient: Student loan borrower

Description: A school must ensure that exit counseling is provided to borrowers before they cease half-time enrollment at the school. Information shall include

  1. a description of the repayment plans available, the features of each plan, and the average anticipated monthly payments and the difference in interest paid and total payments under each plan;

  2. debt management strategies that help with repayment;

  3. an explanation that the borrower has the options to prepay each loan, pay each loan on a shorter schedule, and change repayment plans;

  4. a general description of the terms and conditions under which the borrower may obtain full or partial forgiveness or cancellation of the principal and interest;

  5. a general description of the terms and conditions under which the borrower may defer repayment of principal or interest or be granted forbearance;

  6. the consequences of defaulting on a loan, including adverse credit reports, delinquent debt collection procedures and litigation;

  7. information on the effects of using a consolidation loan, such as the effects on total interest to be paid, fees to be paid, and length of repayment, effects on grace periods, loan forgiveness, cancellation, and deferment opportunities, the options to prepay the loan and change repayment plans, and that benefits may vary among different lenders;

  8. as with entrance counseling, an explanation of the MPN and an emphasis to borrowers on the importance of the obligation to repay the student loan and to repay the full amount of the loan even if they do not complete the program, do not complete it within the regular time frame, are unable to obtain employment upon completion, are otherwise dissatisfied with the school, or did not receive the educational or other services that they purchased from the school;

  9. a general description of the types of tax benefits that may be available to borrowers;

  10. information on the availability of the Department’s Student Loan Ombudsman’s office;

  11. a notice about NSLDS and how the system can be used by borrowers to get information on the status of their loan;

  12. information on how to contact the party servicing student borrowers’ Direct loans;

  13. a copy, either in print or electronically, of the information the Department makes available pursuant to section 485(d) of the HEA;

  14. an explanation to first-time borrowers [as defined in 34 CFR 685.200(f)(1)(i)]

    • how the maximum eligibility period, remaining eligibility period, and subsidized usage periods are determined,

    • about the sum of the borrowers’ subsidized usage periods at the time of the exit counseling,

    • about the consequences of continued borrowing or enrollment, including the possible loss of eligibility for additional Direct Subsidized loans and the possibility that the borrower could become responsible for accruing interest on previously received Direct Subsidized loans and the portion of a Direct Consolidation loan that repaid a Direct Subsidized loan during in-school status, the grace period, authorized periods of deferment and certain periods under the IBR and PAYE plans,

    • about the impact of the borrower becoming responsible for accruing interest on total student debt,

    • that the Secretary will inform student borrowers whether they are responsible for accruing interest on any Direct Subsidized loans,

    • that borrowers can access NSLDS to determine if they are responsible for accruing interest on any Direct Subsidized loans; and

  15. a requirement that student borrowers provide current information on name, address, Social Security number, references, driver’s license number and state of issuance, expected address, the address of their next of kin, and the name and address of their expected employer.

For Perkins Loans, exit counseling must

  1. inform the student as to the average anticipated monthly repayment amount based on the student’s indebtedness or the average indebtedness of students who have obtained Perkins loans for attendance at the institution or in the borrower’s program of study;

  2. explain to the borrower the options to prepay each loan and pay each loan on a shorter schedule;

  3. review for the borrower the options to consolidate a Perkins loan, as well as the consequences of consolidating a Perkins loan, including the effects on total interest and fees to be paid and length of repayment, the effects on the borrower’s underlying loan benefits, including grace periods, loan forgiveness, cancellation, and deferment opportunities, the options of the borrower to prepay the loan or to change repayment plans, and that borrower benefit programs may vary among different lenders;

  4. include debt management strategies designed to facilitate repayment;

  5. explain the use of a master promissory note;

  6. emphasize the seriousness and importance of the repayment obligations the borrower is assuming;

  7. describe the likely consequences of default, including adverse credit reports, delinquent debt collection procedures, and litigation;

  8. emphasize that the borrower is obligated to repay the full amount of the loan even if the borrower has not completed the program, is unable to obtain employment after completion, or is otherwise dissatisfied with their education;

  9. provide a general description of the terms under which a borrower may obtain full or partial forgiveness or cancellation of principal and interest, defer repayment of principal or interest, or be granted an extension of the repayment period or a forbearance;

  10. require the borrower to provide current information concerning name, address, social security number, references, driver’s license number, the borrower’s expected permanent address, the address of the borrower’s next of kin, and the name and address of the borrower’s expected employer;

  11. review the borrower information on the availability of the Student Loan Ombudsman’s office;

  12. inform the borrower about NSLDS and how NSLDS can be used to obtain title-IV loan status information, and

  13. describe the types of tax benefits that may be available to borrowers.

Preferred lender disclosures

Due date: Annually updated

Method of transmittal: Website, electronic media, publications, or mailings A preferred lender list and associated information must be made available to the public and provided to students attending or planning to attend the institution.

Recipient: Students, prospective students, and their families

Description: An institution that maintains a list of lenders that it recommends, promotes, or endorses in accordance with a preferred lender arrangement must make the list available. The list must include:

  1. not less than the information required to be disclosed under section 153(a)(2) (A) of the HEA;

  2. specific indication for each listed lender whether it is an affiliate of any other lender on the list, and if there is an affiliation, describes the details of such;

  3. the methods and criteria used to select preferred lenders, to ensure that selection is on the basis of the best interests of borrowers, including payment of origination or other fees on behalf of the borrower, highly competitive interest rates, high-quality servicing, or additional benefits beyond the standard terms and conditions;

  4. why the institution participates in a preferred lender arrangement with each lender, including why the terms, conditions and provisions of each type of education loan are beneficial for students attending the institution; and

  5. a notice that a family does not have to borrow from a lender on the list. At minimum a list must have at least two private education lenders.

The school must also disclose the following on its website and in all informational materials that are distributed to current and prospective students and families and that describe or discuss the financial aid opportunities and education loans available to students: the maximum amount of federal grant and loan aid under HEA title IV, and required information from the Truth in Lending Act for each type of private education loan offered through a preferred lending arrangement.

Private loan disclosures

Due date: Prior to borrowing. Upon request for self-certification form

Method of transmittal: Website, electronic media, publications, or mailings

Recipient: Prospective borrowers

Description: Institutions that provide information on private education loans must provide to prospective borrowers: (1) information required under section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 1638(e)(1)); (2) a notice that they may qualify for loans and other financial aid under Title IV of the HEA; and (3) a notice that the terms and conditions of Title IV, HEA loans may be more favorable than those of private loans. Institutions must ensure that information regarding private education loans is presented so as to be distinct from information regarding Title IV, HEA program loans.

Institutions must also provide the self-certification form for private education loans on paper or electronically to any student who requests the form.

State grant assistance

Due date: By point of application

Method of transmittal: Not specified

Recipient: Loan borrowers

Description: An institution must inform all eligible borrowers about the availability of, and their eligibility for, state grant aid from the state in which the institution is located. It will inform such borrowers from another state of the source for further information concerning grant aid from that state.

Published: 03/28/2021