Title: General Provision Regulations adopted from The Higher Education Reconciliation Act of 2005
1General Provision Regulations adopted from The
Higher Education Reconciliation Act of 2005
- Prepared by the NCHELP Program Regulations
Committee - This presentation provides a summary of the
changes affecting the General Provisions as
contained in the Regulations adopted from the
Higher Education Reconciliation Act of 2005 and
select sections of the College Cost Reduction
Act. Readers should refer to the detail of the
regulations and any other guidance from the U.S.
Department of Education in determining all
relevant issues. - This presentation was last updated on1-10-08.
2General Provision Changes
- 34 CFR 668, 34 CFR 674, 34 CFR 676, 34 CFR 682,
34 CFR 685, and 34 CFR 691
3Effective Date
- Institutions, lenders, guaranty agencies and loan
servicers may choose to implement all provisions
on or after November 1, 2007. - All provisions MUST be implemented no later than
July 1, 2008.
4General Definitions
5Professional Degree
- A degree received after completing the academic
requirements to begin practice in a profession
and a skill level beyond that required for a
bachelors degree. A professional license is also
normally required. - 668.2(b)
6Full-time Student
- An enrolled undergraduate or graduate student who
carries a full-time workload as determined by the
school for all students enrolled in that program.
The workload may include any combination of
courses, work, research or special studies. - 668.2(b)
7Full-time Student
8Graduate or Professional Student
- A student who
- does not receive Title IV aid as an undergraduate
student for the same period of enrollment - is enrolled in a program or course beyond the
baccalaureate level or in a program leading to a
professional degree and - has completed at least the equivalent of three
years of full-time study, either prior to
entrance into the program or as part of the
program. - 682.2(b)
9Half-time Student
- An enrolled student who
- carries half of the academic workload of a
full-time student as defined by regulation, or - is enrolled only in a correspondence program with
an academic workload of at least 12 hours per
week, or earns at least 6 credit hours per
standard term. A student enrolled only in a
correspondence program may not be considered
enrolled more than half time. - 682.2(b)
10Three-quarter Time Student
- An enrolled student who carries three quarters of
the academic workload of a full-time student as
defined by regulation. - 682.2(b)
11Undergraduate Student
- A student who
- is enrolled in an undergraduate program not
greater than 4 years in length or, if longer than
4 years, leads to a baccalaureate degree - if enrolled in a dual degree program (enrolled in
both undergraduate and graduate degree programs
simultaneously), is considered an undergraduate
at least the first 3 years of such program.
12Undergraduate Student
- For the SEOG, Pell Grant and ACG and SMART Grant
programs, a student may not have earned a
baccalaureate or professional degree - For the Pell Grant program a student who has
completed a baccalaureate program and who is
enrolled in a teacher certification program
required by the state - 682.2(b)
13Payment Periods
14Payment Period for an Eligible Program
- The academic term is considered the payment
period for - a credit hour program using standard terms and/or
nonstandard terms which are substantially equal
in length - specific Pell Grant, ACG, National SMART Grant,
FSEOG, and Perkins Loan provided in a credit hour
program using nonstandard terms which are not
substantially equal in length
15Payment Period for an Eligible Program
- Payment periods differ for
- FFEL and Direct Loan program funds provided in a
credit hour program using nonstandard terms that
are not substantially equal in length - a credit hour program that does not have academic
terms - a clock hour program
- 668.4
16Second Disbursement
- The timing of the second payment period has
- changed from the later of the calendar midpoint
to - half of the weeks of instructional time .
- For certain programs that do not include typical
terms, the second payment may be disbursed - half of the academic coursework in the program,
academic year or remainder of the program, or - half of the number of weeks of instructional time
in the program academic year, or remainder of the
program - 668.4
17Excused Absences
- The excused absence provision is moved from
section 668.164(b)(3) but is not changed. - 668.4(e)
18180-day Rule
- Section 668.4(f) is amended and added to
668.4(g)(3). The provision modifies the
180-day rule for students transferring programs
within the same non-term credit hour or a
clock-hour school. - Under certain conditions, students remain in the
same payment period - Student must be continuously enrolled
- The credits from the payment period the student
is transferring out are accepted toward the new
program
19180-day Rule
- The payment periods are substantially equal in
the length of weeks of instructional time and
hours - There are little or no change in the
institutional charges associated with the payment
period for the student - 668.4(f)
20Definitions
- Substantially equal in length
- no term in a program is more than two weeks
longer than any other term in the program. - 668.4(h)(1)
- 668.22(l)
21Definitions
- A student successfully completes credit or
clock hours if the institution considers the
student to have passed the coursework associated
with those hours in the payment period. - 668.4(h)(2)
22Treatment of Loan Funds
- Student Does Not Begin Attendance
23Returning Funds
- If the student does not begin attendance in a
period of enrollment, the school must return to
the FFELP lender or ED (for Direct Loans) all
loan funds made directly by or on behalf of the
student. - The school must continue to return all FFELP and
Direct Loan funds that were credited to the
students account for that period of enrollment
(or payment period).
24Returning Funds
- Additionally, if the school knew before it
delivered the funds that the student would not
begin attendance the school is responsible for
returning all loan proceeds even funds
delivered directly to the student or parent
borrower. - In this case, the school will also be required to
notify the lender that the student did not begin
attendance, at which point the lender or ED will
send a final demand letter to the student.
25Returning Funds
- The school is not responsible for returning FFELP
and DL funds disbursed directly to the student by
the lender for study abroad programs or foreign
school programs, but a final demand letter must
still be issued by the FFELP lender or ED. - For all other Title IV aid, the school must
return all funds that were credited to the
students school account plus those that were
disbursed directly to the student for that
period. - Trigger event Lender endorsed within 45 days
- 668.21(a)
26Timely Funds Return
- The school must return Title IV funds
- (including Pell Grant, Perkins Loan, FSEOG,
- ACG and SMART Grant funds, as well as FFEL
- and Direct Loan funds) within 30 days after it
- learns the student will not begin or has not
- begun attendance in the period of enrollment.
-
27Timely Funds Return
- The return of funds can occur by one of the
- following means
- initiating an EFT,
- initiating an electronic transaction notifying
the lender to adjust the borrowers loan account
by the amount returned, - depositing the funds into the schools federal
bank account, or - issuing a check
28Timely Funds Return
- The school is not in compliance with this timely
return requirement if it did not issue the check
within the 30-day period or if the FFEL lender or
Secretary endorsed the check more than 45 days
after the date the school learned the student did
not begin attendance in the period of enrollment.
- 668.21(b) and (d)
29Determining if a Student Did Not Begin Attendance
- A student does not begin attendance in a period
of enrollment if the school cannot document that
the student attended any class during that
period. - 668.21(c)
30Post-withdrawal Disbursement
31Crediting the Students Account and Direct
Disbursement
- The school is required to make a post-withdrawal
disbursement from available grant funds prior to
available loan funds. - If the student has unpaid charges on his or her
school account, the school can credit the
students account with grant funds up to the
unpaid amount. If the school obtains
confirmation from the student, or parent for
parent PLUS funds, the school can credit the
students account with loan funds to cover any
remaining unpaid amount.
32Crediting the Students Account and Direct
Disbursement
- The school must disburse directly to a student
any amount of a post-withdrawal disbursement of
grant funds that is not credited to the students
account. The disbursement must occur as soon as
possible after the date the student withdrew, but
no later than 45 days. - The school must offer to disburse directly to the
student, or parent in the case of a parent PLUS
loan, any amount of a post-withdrawal
disbursement that is not credited to the
students account. Borrower confirmation is
required. - 668.22 (a)(5)(ii)(B)(1) and (2)
33Required Notification
- Within 30 days of the date of the student
withdrawal and - before disbursement of any post-withdrawal loan
funds, - The school must provide a written notification to
the - student , or parent in the case of a parent PLUS
loan, - which includes the following components
- Request for confirmation that the borrower wishes
to have a post-withdrawal disbursement of loan
funds credited to the students account and/or
delivered directly. - Identification of the type and amount of the loan
funds. - Explanation that the student or parent, as
applicable, may accept or decline some or all of
the funds.
34Required Notification
- Explanation that if the student or parent, as
applicable, does not confirm that a
post-withdrawal disbursement of loan funds may be
credited to the students account, the student or
parent will not receive any of the loan funds as
a direct disbursement unless the school approves. - Explanation of the obligation of the student or
parent, as applicable, to repay any loan funds
which are disbursed. - Advises the student or parent, as applicable,
that they must respond within 14 days of the date
the school sent the notification in order to
receive any disbursement. Disbursement after the
14 day period may occur with school approval.
35Required Notification
- Upon receiving timely confirmation from the
student or parent, as applicable, regarding total
or partial disbursement of loan funds, the school
must disburse the funds as soon as possible and
no later than 180 days after the student
withdrawal date. - The funds must be disbursed in the manner
specified by the student or parent, as
applicable. - If the school receives a late response, the
school may choose whether or not to disburse the
loan funds. The school must inform the student
or parent, as applicable, of the outcome of the
post-withdrawal disbursement request.
36Required Notification
- If the student or parent, as applicable, does not
respond to the schools notice, no portion of the
loan funds may be disbursed. - The school must document in the students file
the result of any notification and the final
determination made concerning the disbursement - 668.22(a)(5)(iii)
37Return of Funds
- If a school with a credit-hour program with
nonstandard terms which are not substantially
equal in length uses payment periods to determine
treatment of funds when the student withdrawals,
it must - For overlapping payment periods, include in the
return of calculation any funds which can be
attributed to the payment period that ends later
or, - For one payment period, include in the return of
calculation any funds disbursed in that payment
period. - 668.22(a)(5)(iii)
38Electronic DisbursementUse of Store-Value
CardsIssuing Checks
39Disbursement by Payment Period
- A school may choose to make more than one
disbursement in each payment period. - 668.164(b)(1)(ii)
40Date a School Issues a Check
- For checks payable to and requiring the
endorsement of the student or parent, the
issuance date is - The date the school mails the check to the
student or parent or, - The date the school notifies the student that the
check is available for immediate pickup at a
specified location. - 668.164(c)(1)(ii)
41Notifying a Student That a Check is Ready to be
Picked Up
- After the date of notification, a student has up
to 21 days to pick up the check, after which the
school would have to - Immediately mail the check to the student or
parent, - Initiate an EFT to the bank account designated by
the student or parent, or - Return the funds to the appropriate Title IV, HEA
program account. - 668.164(c)(1)(ii)(B)
42Definition of Bank Account
- For the purposes of this section
- an account insured by the FDIC or National
Credit Union Share Insurance Fund, such as a
checking or savings account, or similar account
that underlies a stored-value card or other
transaction device. - 668.164(c)(2)
43EFT Disbursement to a Bank Account
- A school may have a policy to require its
students to provide bank account information or
open an account at a bank of the students
choosing. However, if the student declines, the
school may not refuse to disburse Title IV funds
in a timely manner by some other means.
44EFT Disbursement to a Bank Account
- If a school opens a bank account on behalf of a
student or parent, establishes a process the
student or parent follows to open a bank account,
or similarly assists the student or parent in
opening the account, the school must - Obtain written consent from the student or parent
to open the bank account.
45EFT Disbursement to a Bank Account
- Inform the student or parent of the terms and
conditions of accepting and using the account
before the account is opened. - Ensure that the student or parent does not incur
any costs in opening the account or initially
receiving any type of ATM card, stored-value
card, or other similar device that is used to
access funds in the account.
46EFT Disbursement to a Bank Account
- School must ensure that the student has
convenient access to a branch office of the bank
or ATMs of the bank in which the account was
opened (or ATMs of another bank) so that the
student does not incur any cost in making cash
withdrawals. - The school is not required to ensure that its
distance education students have convenient
access to free cash withdrawals.
47EFT Disbursement to a Bank Account
- Ensure that the debit card, stored-value card,
ATM card, or other device can be widely used (the
institution may not limit the use of the card or
device to particular vendors).
48EFT Disbursement to a Bank Account
- In addition, the school must not
- Make any claims against the funds in the account
unless it obtains the students or parents
permission or the school is correcting an error
in transferring funds in accordance with banking
protocols. - Market or portray the account, card, or device as
a credit card or subsequently convert it to a
credit card. - 668.164(c)(3)
49Crediting a Students Institution Account
Current Year Charges
- An institution is currently allowed to use Title
IV, HEA program funds to satisfy a students - tuition,
- fees,
- room and board charges. and,
- other educationally related charges incurred by
the student, if written permission is obtained
from the student or parent, as applicable. - 668.164(d)(1)
50Crediting a Students Institution Account Prior
Year Charges
- An institution is currently allowed to use
current year Title IV, HEA funds to pay for minor
prior-year charges of less than 100, or more
than 100 if payment of the charges does not
prevent the student from paying his or her
current educational expenses.
51Crediting a Students Institution Account Prior
Year Charges
- New rules allow an institution to use up to 200
of Title IV, HEA program funds to satisfy the
following prior year charges - Tuition and fees, room, or board and
- Other educationally related charges incurred by
the student, if written permission is obtained
from the student or parent. - 668.164(d)(2)
52LATE DISBURSEMENTS
53Late Disbursement Procedures
- Time frame changed from 120 days to 180 days
- Eliminates the appeal procedures reviewed by ED
staff for late disbursements beyond 120. - 668.164(g)(4)(i)
54Recovery of Funds
55Return to Lender
- A school will be required to return loan funds
within 240 days of its initial attempt to
disburse funds directly to a student or parent if
a check is either returned or not negotiated, or
if an EFT to a students or parents bank account
is rejected. - In the case of FWS funds, only the federal share
of the students payroll check or EFT payment must
be returned.
56Return to Lender
- A school may make additional attempts to disburse
a returned check or a rejected EFT as long as
those attempts are made with 45 days of the
initial attempt. In any case, Title IV loan
funds may not escheat to the State. - 668.14(h)
57Institutional Loan Cancellation Notification
Procedures
- For loan cancellation notifications sent by
schools on or after 7-1-08. May be implemented
on or after 11-1-07.
58School Notification
- Disbursed by check
- Modifies language but does not change school
notification of loan cancellation procedures if
the funds are disbursed by check vs. EFT or
Master Check. - 668.165(a)(2)(ii)
59Parent or Student Right to Cancel a Loan
Disbursement (EFT or Master Check)
- Modifies timeframes applicable to notification of
loan cancellation process for EFT or Master Check
disbursements. - Requires school to choose between an Affirmative
Confirmation Process (requires written
confirmation by the borrower to the institutional
notice) vs. a Passive Confirmation process (does
not require borrowers to reply to the schools
cancellation notice). - For EFT or Master Check disbursements only
- 668.165(a)(3)
60Cancellation Notice for Schools Using
Affirmative Confirmation Process
- School must notify a student of their option to
cancel their loan (by replying in writing) no
earlier than 30 days before, and no later than 30
days after, the school credits the students
account of the loan. - 668.165(a)(3)(i)
61Cancellation notice for Schools Using Passive
Confirmation Process
- School must provide notice that informs student
of their loan cancellation rights. If the school
notification process does not require an active
confirmation, the notice must be sent out no
earlier than 30 Days But No Later Than 7 Days
after the school credits the account. - 668.165(a)(3)(ii)
62Timeframes for Returning Funds
- Affirmative Confirmation Process If the school
receives a loan cancellation request and they
used an Affirmative Confirmation Process, the
disbursement must be returned, cancelled, or both
if the request to cancel occurred on the later of
the first day of the payment period or 14 days
after the date it sent the notice. - 668.165(a)(4)(ii)(A)
63Timeframes for Returning Funds
- Passive Confirmation Process If a loan
cancellation request is received from the
borrower, the school would have to return funds
within 30 days of the date they sent the notice
of the right to cancel the loan. - 668.165(a)(4)(ii)(B)
64Timeframes for Returning Funds
- If a loan cancellation is received beyond the
period set forth in (a)(4)(ii)(A) or (B), the
school may return the loan proceeds, or cancel
the loan, or do both. - 668.165(a)(A)(iii)
65Loan Cancellation Notice
- Schools will now be required to inform the
student or parent in writing of the outcome of
any loan cancellation request. - 668.165(a)(5)
66Definition of the term Affirmative Confirmation
- Affirmative confirmation is a process under
which a school obtains written confirmation of
the types and amounts of title IV, HEA program
loans that a student wants for an award year
before the school credits the students account
with those loans funds. - 668.165(a)(6)(i)
67Returning Loan Funds Disbursed Directly to a
Student or Parent
- Confirms that schools are not required to return
any loan proceeds already disbursed directly to a
student or parent, regardless of the loan
cancellation process used by the school. - 668.165(a)(6)(ii)
68EFT Payments Stored Value Cards
- Effective for EFT transactions initiated by the
school on or after 7-1-08. May be implemented on
or after 11-1-07.
69EFT Payments
- Removes provision previously in 668.165(b)(1)(i)
that required an institution obtain a students
authorization to make an EFT payment to a bank
account. - 668.165(b)(1)(i)
70Stored Value Cards
- Allows an institution (with written permission)
to issue a stored-value card or other similar
device that enables the student to access credit
balance funds to pay for educationally related
expenses. - 668.165(b)(1)(ii)
71Excess Cash
72Definition of Excess Cash and Excess Cash
Allowances
- Excess cash is defined as any amount of title
IV, HEA program funds, other than Federal Perkins
Loan Program funds, that an institution does not
disburse to students or parents by the end of the
third business day following the date the
institution - Received those funds from the Secretary or
- Deposited or transferred to its Federal account
previously disbursed title IV, HEA program funds
received from the Secretary, such as those
resulting from award adjustments, recoveries, or
cancellations. - 668.166(a)(1)
73Definition of Excess Cash and Excess Cash
Allowances
- An institution may maintain excess cash for up to
a 7-day tolerance period if the amount does not
exceed 1 of the total amount of fund drawn down
in the prior award year. - Any additional amount and any amount maintained
for more than 7 days must be immediately returned
to ED. - 668.166(b)
74Definition of Excess Cash and Excess Cash
Allowances
- If it is discovered that an institution was not
in compliance with the excess cash regulations,
ED may - Require reimbursement for the costs ED incurred
in providing the excess cash to the institution
and - Provide funds to the institution under the
reimbursement payment method or cash monitoring
payment method. - 668.166(c)
75Part 674 Federal Perkins Loan Program
76Definition Changes
- Changes are made to coincide with definition
changes made to terms in 668.2(b) graduate or
professional student, half time student, and
undergraduate student. - 674.2
- 674.16
77Part 676 Federal Supplemental Educational
Opportunity Grant Program
78Definition Changes
- Changes were made to coincide with definition
changes made to the term undergraduate student,
as noted in 668.2(b) - 676.2
- 676.16
79Part 682 Federal Family Education Loan Program
80Definition
- Period of Enrollment
- Adds a new language to define bona fide
academic year as a semester, trimester, or
quarter in weeks of instructional time, length of
the students program in weeks of instructional
time or academic year - 682.200
81Minimum Period of Certifying Loan
- Standard Term Programs Single Term Loans
- For programs that measure academic progress in
credit hours and terms (semesters, trimesters, or
quarters) this change adds the category, terms
that are substantially equal in length with no
term less than nine weeks, to list of terms
allowed to certify a loan for a single term.
Final rules clarify that these provisions are not
restricted to degree programs.
82Minimum Period of Certifying Loan
- Terms are considered substantially equal in
length if no term is more than two weeks longer
than any other term. - 682.603(f)(1)(i)(A)
- 685.301(a)(9)(i)(A)
83Minimum Period of Certifying Loan
- Nonstandard Term Programs
- Clarifies that programs that measure academic
progress in credit hours or clock hours but do
not use standard terms (semesters, trimester,
quarters or substantially equal terms) may
certify a loan for the - Remaining portion of the program that is less
than an academic year - Academic year as defined by the school
- 682.603(f)(1)(ii)(B)(1 2)
- 685.301(a)(9)(i)(B)(1 2)
84Minimum Period of Certifying Loan
- Transfer Students
- A school with credit or clock hours that receives
a transfer student from another school and has
overlapping enrollment periods may certify or
originate a loan for the remaining portion of the
program or academic year for the student.
85Minimum Period of Certifying Loan
- The loan at the new school may not exceed the
remaining balance of the student's annual loan
limit, taking into consideration the amount of
loan proceeds that the student had received at
the prior school. - 682.603(f)(1)(ii)
- 685.301(a)(9)(ii)
86Minimum Period of Certifying Loan
- Completing a Program and Immediately Beginning a
New Program - Clarifies a school may certify or originate a
loan for the remaining portion of the academic
year for a student who completes a degree program
at a school and then immediately begins a new
program at the same school.
87Minimum Period of Certifying Loan
- The second loan may not exceed the remaining
balance of the student's annual loan limit at the
loan level associated with the new program. - 682.603(f)(1)(iii)
- 685.301(a)(9)(iii)
88Delivering Loan Proceeds and Counseling Borrowers
- Delivering loan process for payment period
- If a loan period is one payment period, a student
must successfully complete half the number of
credit hours or clock hours (in addition to half
the weeks of instructional time in the payment
period) before a second delivery of loan funds
can be made if academic progress is measured in
clock hours, or measured in credit hours but does
not use a semester, trimester, or quarter system
and does not have terms that are substantially
equal in length with no term less than nine weeks
in length.
89Delivering Loan Proceeds and Counseling Borrowers
- For standard terms (being at least nine weeks and
substantially equal in length), the earliest a
second disbursement may be made remains the
calendar mid-point. - 682.604(c)(6)
90Delivering Loan Proceeds and Counseling Borrowers
- Retaining loan funds when students fail to begin
attendance - Proceeds disbursed to a student will be handled
in accordance with 668.21, are to be returned to
the loan program. - Undelivered loan funds are to be refunded in
accordance with 668.167 (time frames for
returning funds to a lender.) - 682.604(d)(3)
91Part 685 William D. Ford Federal Direct Loan
Program
92Definitions
- Miscellaneous Definitions
- The terms full-time student, half-time student,
graduate or professional student and
undergraduate student are added to the last of
definitions in section 685.102(a)(1). - The definition of those terms are removed from
section 685 and added to section 668.2 in the
General Provisions. - 685.102(a)(1)
93Definitions
- Period of Enrollment
- Within the definition of period of enrollment
further defines - Academic terms as weeks of instructional time,
and - Length of the program as weeks of instructional
time. - 685.102(b)
94Origination of a Loan by a Direct Loan School
- Minimum period of enrollment for which a loan can
be originated - This requirement is identical to the
corresponding FFEL requirement found in
682.602(f)(1)(i) and (ii)except for the term
difference between certify for FFEL and
originate for FDLP - 685.301(a)(9)(i) - (iii)
95Origination of a Loan by a Direct Loan School
- Disbursement by Payment Period
- This requirement is identical to the
corresponding FFEL requirement found in
682.604(c)(6) except for the term difference
between delivery for FFEL and payment for
FDLP - 685.301(b)
96Origination of a Loan by a Direct Loan School
- Annual Loan Limit Progression
- This requirement is identical to the
corresponding FFEL requirement found in
682.603(g)(1a)-(4). - 685.301(c)(1) (4)
97Processing Loan Proceeds
- Student fails to begin period of enrollment
- Specific requirements for addressing loan
proceeds when a student fails to begin the period
of enrollment are removed from the Direct Loan
regulations. Instead the requirements are
identified by reference to 668.21 of the General
Provisions. Parallel changes are made in the
FFELP regulations. - 685.303(b)(3)
98Part 690 Pell Grants
99Calculation of a Pell Grant
- Currently, schools use a number of formulas to
calculate a Pell grant on a payment period basis
depending on the academic calendar of the
students program. - New rules align payments for semester, trimester,
and quarter programs that have terms for
different cohorts with different start dates,
with traditional semester, trimester, and quarter
programs.
100Calculation of a Pell Grant
- New rules also modify Pell calculation for clock
hour and credit hour programs without terms, and
for correspondence programs without terms. - 690.63
- 690.66
101Part 691 Academic Competitiveness and Smart
Grant Program
102Definition Changes
- Coincides with changes to term undergraduate
student, noted in 668.2 - 691.2