Appendix A

Appendix A - Consumer Information Requirements

Consumer Information Requirements

Consumer Information - The information that a school must provide about financial aid and its campus, facilities, student athletes, and gainful employment programs as well as information to promote campus security and fire safety and prevent drug and alcohol abuse, as required under HEA Sec. 485(f) and 34 CFR 668.41–49.

Exemption for foreign schools:

Federal Register Notice 11/28/2018 - Waiver of Certain Consumer Information Requirement for Foreign Institutions of Higher Education. The following chart describes the requirements for the consumer information that a school must provide to students, the Department, and others. If an exemption or waiver applies for foreign schools, it is highlighted with a notation that the requirement is waived or exempted.

Topic: Institutional and Financial Assistance Information for students

At a minimum, the school must publish and make available to current and prospective students a description of all federal, state, local, private, and institutional need-based and non-need-based student financial assistance programs available to them. A school must annually provide a NOTICE directly (one-on-one distribution) to all enrolled students describing the availability of the required consumer information. The notice must contain a brief description of the various disclosures and how to obtain the full disclosures. If a disclosure is posted to a website, the notice must provide the exact electronic address and provide a statement that paper copies are available.

Requirement

Applicability for Foreign Schools

General requirement – Describe the terms and conditions of the loans students receive under the William D. Ford Federal Direct Student Loan Program; terms and conditions, loan limits.

Required

Application process –The procedures and forms by which students apply for assistance, student eligibility requirements.

Required

Award amount determination – Criteria for determining the amount of a student's award, method by which financial assistance disbursements are made and the frequency of those disbursements.

Required

ED materials – Schools are required to provide information published by the U.S. Department of Education to students any time information regarding loan availability is provided.

Required

Student eligibility requirements – enrolled in eligible program with at least half-time status.

Required

Student rights and responsibilities – terms of any loan received by a student as part of the student's financial assistance package; Criteria for continued student eligibility under each program – what students must do to be making satisfactory academic progress (SAP). The institution must include criteria by which students who have failed to maintain satisfactory progress may re-establish their eligibility for financial assistance. An institution must provide a student with a link to its Financial Aid Satisfactory Academic Program (SAP) policy.

Required

Entrance and exit counseling for student loan borrowers. Institutions must ensure that this loan counseling is provided to students and must keep documentation of their compliance with this requirement for each borrower, as required by 34 CFR 685.304.

Required

Student Body Diversity

Waived

Topic: Institutional Information

Requirement

Applicability for Foreign Schools

Academic information - The academic programs of the institution, including current degree programs and other educational and training programs; The instructional, laboratory, and other physical facilities which relate to the academic program; The institution's faculty and other instructional personnel; and any plans by the institution for improving the academic programs of the institution.

Required

Accreditation and licensing information - The names of associations, agencies or governmental bodies that accredit, approve, or license the institution and its programs and the procedures by which documents describing that activity may be reviewed by any enrolled or prospective student upon request.

Waived

Copyright infringement (including unauthorized peer-to-peer file sharing) policies and penalties – Institution has developed and implemented written plans to effectively combat the unauthorized distribution of copyrighted material by users of the institution's network, without unduly interfering with educational and research use of the network, that include: The use of one or more technology-based deterrents; Mechanisms for educating and informing its community about appropriate versus inappropriate use of copyrighted material; Procedures for handling unauthorized distribution of copyrighted material, including disciplinary procedures; and Procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials by users of the institution's network.

Waived

School Cost - The cost of attendance, including - (i) Tuition and fees charged to full-time and part-time students; (ii) Estimates of costs for necessary books and supplies; (iii) Estimates of typical charges for room and board; (iv) Estimates of transportation costs for students; and (v) Any additional cost of a program in which a student is enrolled or expresses a specific interest.

Required

Disability-related services and facilities - A description of the services and facilities available to students with disabilities, including students with intellectual disabilities.

Required

Net price calculator

Exempted

The Financial Aid Shopping Sheet – All schools that have agreed to adopt the Principles of Excellence for Educational Institutions serving Service Members, Veterans, Spouse, and other family members—otherwise it is voluntary

Voluntary as indicated in chart

Refund policy - Any refund policy with which the institution is required to comply for the return of unearned tuition and fees or other refundable portions of costs paid to the institution.

Required

Return of funds requirements - A summary of the requirements for the return of title IV loan assistance, Treatment of title IV funds when a student withdraws.

Required

Study Abroad information - A statement that a student's enrollment in a program of study abroad approved for credit by the home institution may be considered enrollment at the home institution for the purpose of applying for assistance under the title IV, HEA programs.

Required

Transfer of credit policies and articulation agreements - A description of the transfer of credit policies established by the institution which must include, at a minimum - (i) Any established criteria the institution uses regarding the transfer of credit earned at another institution; (ii) A list of institutions with which the institution has established an articulation agreement; and (iii) 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.

Waived

Withdrawal procedures (34 CFR 668.22(l)(3)) - The “date of the institution's determination that the student withdrew” for an institution that is not required to take attendance is - (i) For a student who provides notification to the institution of his or her withdrawal, the student's withdrawal date as determined under paragraph (c) of this section or the date of notification of withdrawal, whichever is later; (ii) For a student who did not provide notification of his or her withdrawal to the institution, the date that the institution becomes aware that the student ceased attendance; (iii) For a student who does not return from an approved leave of absence, the earlier of the date of the end of the leave of absence or the date the student notifies the institution that he or she will not be returning to the institution; or (iv) For a student whose rescission is negated under paragraph (c)(2)(i)(B) of this section, the date the institution becomes aware that the student did not, or will not, complete the payment period or period of enrollment. (v) For a student who takes a leave of absence that is not approved in accordance with paragraph (d) of this section, the date that the student begins the leave of absence.

Required

Written arrangements (consortium and contractual agreements) with other institutions - Written arrangements between eligible institutions or with a consortium of eligible institutions, under which the other eligible institution or consortium provides part of the educational program to students enrolled in the first institution or provides part of the educational program of students enrolled in the eligible institution under a study abroad program.

Required

Topic: Drugs & Alcohol Prevention

Requirement

Applicability for Foreign Schools

Annual distribution and biennial review of institution’s drug abuse prevention program

Waived

Notice of Federal Student Financial Aid Penalty for Drug Law Violations

Waived

Topic: Consumer Information for Student Athletes

Requirement

Applicability for Foreign Schools

Athletic program participation rates and financial support data – Any coeducational institution of higher education that participates in an FSA program and has an intercollegiate athletic program is required to submit an Equity in Athletics Report. It is referred to as the EADA report - Equity in Athletics Disclosure Act.

Waived

Topic: Student Right-to-Know Act

Requirement

Applicability for Foreign Schools

Reporting rates to IPEDS (Integrated Postsecondary Educational System)

Exempted

Completion or graduation rates Note: your school’s graduation rates will not display on the IPEDS College Navigation Site

Waived

Job placement rates and related information

Waived

Transfer-out rate

Waived

Retention rate

Waived

Graduate and professional education in which graduates of the institution’s four-year degree programs enroll

Waived

Topic: Clery/Campus Security Act

Requirement

Applicability for Foreign Schools

The Daily Crime log

Waived

Fire Safety Report

Waived

Fire Log

Waived

Security policies, crime statistics, and report

Exempted

Emergency response and evacuation procedures

Exempted

Timely warning of crimes and emergency notification

Exempted

Security Report - Missing Person Notification Policy

Waived

Programs to prevent dating violence, domestic violence, sexual assault, and stalking

Exempted

Violence Against Women Act (VAWA)

Exempted

Topic: Family Educational Rights and Privacy Act of 1974 (FERPA) – US students only

Requirement

Applicability for Foreign Schools

Each school must annually provide notice to all enrolled students about:

  • The right to review their educational records, to request amendment of records, to consent to disclosures or personally identifiable information and to file complaint with the U.S. Department of Education.

  • Procedures for reviewing educational records and requesting amendment of records.

  • If applicable, information about the school’s policy regarding disclosures to school officials with legitimate educational interest in the educational records.

Required

Topic: Safeguarding Customer Information

Requirement

Applicability for Foreign Schools

Schools participating in the FSA programs are subject to the information security requirements established by the FTC for financial institutions. Schools must adopt an information security program and draft detailed policies for handling financial data covered by the law, such as parents’ annual income, and take steps to protect the data from falling into the wrong hands. The administrative, technical, or physical safeguards you use to access, collect, distribute, process, protect, store, use, transmit, dispose of, or otherwise handle customer information-PII.

Required

Topic: Fire Safety Reports and Student Housing

Requirement

Applicability for Foreign Schools

Fire safety policies, statistics, and report

Waived

Missing student notification

Waived

Topic: Misrepresentation

(Defined as a false, incorrect, misleading statement made directly or indirectly to a student, any member of the public, an accrediting agency, a state agency, or the Department. Misrepresentation includes any statement that omits information in such a way as to make the statement false, erroneous, or misleading. A statement may still be misleading even if it is true on its face).

Requirement

Applicability for Foreign Schools

Nature of educational program - This definition applies to statements made by an eligible institution, the school’s representatives, or any ineligible institution, organization, or person with whom the eligible institution has an agreement to provide educational programs or those that provide marketing, advertising, recruiting or admission service. Misrepresentation includes the dissemination of a student endorsement or testimonial that a student gives either under duress or because the school required the student to make such an endorsement or testimonial to participate in a program.

Required

Nature of Financial charges – Misrepresentation concerning the nature of an eligible institution’s financial charges includes but is not limited to false, erroneous or misleading statements concerning—offers of scholarships to pay all or part of a course charge; whether a particular charge is the customary charge of the course; cost of program and institutional refund policy if the student does not complete the program.

Required

Employability of graduates - A school, one of its representatives, or a related party engages in substantial misrepresentation when it does so about the nature of its education program, its financial charges, or the employability of its graduates; availability or nature of any financial assistance offered to students; and the student’s right to reject any particular type of financial aid or other assistance.

Required

Topic: Loan Disclosures

Requirement

Applicability for Foreign Schools

Exit Counseling – Direct loan student borrower who is graduating, leaving school, or dropping below half-time enrollment is required to complete exit counseling. If the student drops out without notifying your school, you must confirm that he has completed online counseling or mail exit counseling material to him at his last known address within 30 days.

Required

Providing borrower information at separation – Personal information collected for exit counseling provided by school must be given to students’ loan servicer within 60 days. No permission is needed since students granted authorization when they signed the promissory note.

Required

Private Education Loans – School or affiliated organization that provides information regarding a private education loan from a lender or prospective borrower must inform the prospective borrower that he may qualify for FSA loans and that the terms and conditions of FSA loans may be more favorable than the provisions of private education loans.

Required

Schools as private lender – If a school solicits, makes, or extends private education loans, it is considered to be a private education lender that is subject to the Federal Reserve’s regulations on private educational lenders.

Required

Preferred lender list – For any year in which the school has a preferred lender list arrangement, it will at least annually compile, maintain, and make available for students attending the school and the families of such student a list in print or other medium of the specific lenders for private education loans that the school recommends, promotes, or endorses in accordance with such preferred lender arrangement.

Required

Code of conduct concerning loans – Each school must prominently publish on its website a code of conduct that prohibits a conflict of interest with the responsibilities of an agent of the school with respect to private education loans. The code of conduct must prohibit - revenue sharing arrangement with any lender, receiving gifts from a lender, contracting arrangements, directing borrowers to a particular lender, offer of funds for private loans, advisory board compensation.

Required

Topic: Gainful Employment Disclosures

Requirement

Applicability for Foreign Schools

Note: The GE provisions are being renegotiated and more information will be provided once the process is complete.

Vacated

Non-degree programs for public and non-profit institutions

Vacated

For-profit institutions – Medical, Veterinary and Nursing programs

Vacated

Constitution Day

Requirement

Applicability for Foreign Schools

Section 111 of Division J of Pub. L. 108-447, the "Consolidated Appropriations Act, 2005,'' Dec. 8, 2004 Section 111 requires that Constitution Day be held on September 17 of each year, commemorating the September 17, 1787, signing of the Constitution. However, when September 17 falls on a Saturday, Sunday, or holiday, Constitution Day shall be held during the preceding or following week.

Waived

Vaccinations Policy

Requirement

Applicability for Foreign Schools

HEOA Section 488(a)(1)(E): amended HEA Section 485(a)(1) (20 U.S.C. 1092(a)(1)): added HEA Section 485(a)(1)(V) Schools must make available to current and prospective students information about school policies regarding vaccinations.

Waived

Textbook information

Requirement

Applicability for Foreign Schools

20 U.S.C. 1015b Schools must ensure that students have access to affordable course materials by decreasing costs to students and enhancing transparency and disclosure with respect to the selection, purchase, sale, and use of course materials. All involved parties, including faculty, students, administrators, institutions of higher education, bookstores, distributors, and publishers, are encouraged to work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while supporting the academic freedom of faculty members to select high quality course materials for students.

Waived

Voter Registration Form

Requirement

Applicability for Foreign Schools

HEOA Section 493(a)(1) amended HEA Section 487(a)(23) (20 U.S.C. 1094(a)(23)): added HEA Section 487(a)(23)(D)

  • Make the voter registration form widely available to students at the school.

  • Request the forms from the state 120 days prior to the deadline for registering to vote within the state.

This requirement does not apply to schools in states that do not have a voter registration requirement or that allow voters to register at the time of voting.

Waived

Resources:

Statutory Authority – Chapter 28, Higher Education Resources and Student Assistance Subchapter IV- Student Assistance Part G- General Provisions Relating to Student Assistance Programs § 1092 Institutional and Financial assistance information for students (HEA § 485) Institutions are required to provide a long list of disclosures, statistics and other information, and reports to current and prospective students, their families, and others. This information informs students to aid in their selection of a school and other decisions. Regulations34 CFR 668 Subpart D, Student Consumer Information Services, 34 CFR 668.41 Reporting and disclosure of information Department of Education ReferencesFSA Handbook, Vol. 2, Chapter 6 Consumer Information and School Reporting

Last Modified: 09/16/2022 • Published: 09/16/2022