L. 99498, title V, 501(a), Oct. 17, 1986, 100 Stat. Advanced Search Include Citations Tables: Amendments to the Higher Education Act of 1965 (1998) by L No Add To MetaCart. B, title VI, 1601(a), Emergency Student Loan Consolidation Act of 1997, Pub. 1001, 1002, 1003, 1085, 1091, 1091b, 1092, 1094, 1099c, and 1099c-1, unless otherwise noted. (H) The awarding of token gifts to the institution's students or alumni, provided that the gifts are not in the form of money, no more than one gift is provided annually to an individual, and the cost of the gift is not more than $100. Further, the fact that a job has some operational functions does not preclude it from being an acceptable FWS job as long as it furnishes student services. During the negotiated rulemaking sessions the non-Federal negotiators made several suggestions regarding the letter of credit requirement. They also noted that there may be cases where the initial determination that an institution exceeded the 5 percent threshold was in error. W ith the goal of strengthening American colleges and universities, the Higher Education Act of 1965, or HEA, provides financial L. 10578, title VI, 609(a), Nov. 13, 1997, 111 Stat. L. 111152, title II, 2001(a), Mar. The Department of Education has estimated that the proposed regulations would have no effect on Federal costs over FY 2002-2006. The notice must state that failure to make that repayment, or to make arrangements satisfactory to the holder of the overpayment debt to pay the overpayment, makes the student ineligible for further title IV aid until final resolution of the overpayment. We realize that the cost of a token gift has risen since the inception of the current regulation and therefore propose to increase the maximum cost of a token, non-cash gift that may be provided to an alumnus or student to not more than $100. 1070a, unless otherwise noted. For student overpayments that meet the conditions of the proposed de minimis standard, an institution would not be required to attempt recovery of the overpayment, report it to NSLDS, or refer it to the Secretary. While nearly all of the negotiators agreed with the proposal to replace the 12-hour rule with the one-day rule, the committee was unable to reach complete consensus on the proposal. 1063, authorized the President, on or before Dec. 31, 1969, to submit to the Congress proposals relative to the feasibility of making available a post-secondary education to all young Americans who qualify and seek it. documents in the last year, 79 The high cost of We agree with the reasons noted by the non-Federal negotiators for proposing changes to the regulations regarding the relevance of the institution receiving a SAR/ISIR for a PLUS loan, and the proposed regulations would not require the institution to rely upon a SAR/ISIR for determining if a parent is eligible for a late disbursement of a PLUS loan. The Secretary considers that an institution has sufficient cash Start Printed Page 51739reserves, as required under 668.171(b)(2), if the institution. documents in the last year, 24 We developed a list of proposed regulatory changes from advice and recommendations submitted by individuals and organizations in response to a May 24, 2001, request for recommendations on improving the Title IV student assistance programs from Representative Howard P. Buck Start Printed Page 51719McKeon and Representative Patsy Mink, the Chairman and Ranking Member, respectively, of the Subcommittee on 21st Century Competitiveness of the Education and the Workforce Committee of the U.S. House of Representatives. The fifty percent grant overpayment protection in the Return of Title IV aid regulations. 10. Similar changes would be made to 668.8Eligible program. has no substantive legal effect. (1) The institution deposits or transfers the funds into the bank account it maintains under 668.163 no later than 30 days after the date it determines that the student withdrew; (2) The institution initiates an electronic funds transfer (EFT) no later than 30 days after the date it determines that the student withdrew; (3) The institution initiates an electronic transaction, no later than 30 days after the date it determines that the student withdrew, that informs an FFEL lender to adjust the borrower's loan account for the amount returned; or, (4) The institution issues a check no later than 30 days after the date it determines that the student withdrew. (1138a), Grants, contracts, and cooperative agreements authorized. We have proposed two other changes to the definition of a payment period for clock hour programs and for credit hour programs without terms to address situations in which a student withdraws from a program before the completion of the payment period for which he or she was paid and then either returns to the same institution or transfers to another institution. 20 U.S.C. Determination of eligibility for payment. An otherwise eligible program that is offered in whole or in part through, Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter until all covered periods for foreign institutions that entered into written arrangements under paragraph (1) have ended, the, In this section, the term covered period, when used with respect to a foreign, Special rule for certain payment periods., During the deferment period granted under this subsection. (C) Parent PLUS default rate and repayment rate. An institution that submits the request would not be required to submit a letter of credit unless the Secretary notifies the institution that its request is denied. One negotiator expressed support for the current packaging requirement, noting that the intent in implementing it was to insure that a student who is eligible to receive a GEAR UP scholarship would benefit from as significant a reduction in his or her postsecondary expenses as intended by the statute. daily Federal Register on FederalRegister.gov will remain an unofficial Under the proposed regulation, the current definition that has applied for several years to credit hour, standard term programs would also apply to credit hour nonstandard term and credit hour nonterm programs. The amendments made by this section [amending, The amendments made by subsection (a) [amending, The authorization of appropriations for, and the duration of, each program authorized under the, is required, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the, is permitted or authorized, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the, The amount authorized to be appropriated for a program described in subsection (a) during the period of extension under this section shall be the amount authorized to be appropriated for such program for fiscal year 2004, or the amount appropriated for such program for such fiscal year, whichever is greater. L. 11051, 1, July 31, 2007, 121 Stat. L. 11749, 1, Oct. 13, 2021, 135 Stat. Under this proposal, the institution would be able to demonstrate that circumstances beyond its control inappropriately triggered the audit or review finding or that the finding was erroneously made. If you want to comment on the information collection requirements, please send your comments to the Office of Information and Regulatory Affairs, OMB, Room 10235, New Executive Office Building, Washington, DC, 20503; Attention: Desk Officer for U.S. Department of Education. A, title I, 101(e) [title VI, 601], Student Loan Marketing Association Reorganization Act of 1996, Higher Education Technical Amendments of 1993, Higher Education Technical Amendments of 1991, Student Right-To-Know and Campus Security Act, Crime Awareness and Campus Security Act of 1990, Student Loan Default Prevention Initiative Act of 1990, Student Loan Reconciliation Amendments of 1989, Higher Education Technical Amendments Act of 1987, Student Financial Assistance Technical Corrections Act of 1986, Student Financial Assistance Amendments of 1985, Student Loan Consolidation and Technical Amendments Act of 1983, Student Financial Assistance Technical Amendments Act of 1982, Postsecondary Student Assistance Amendments of 1981, Higher Education Technical Amendments of 1979, Alcohol and Drug Abuse Education Amendments of 1978, Emergency Technical Provisions Act of 1976, Indian Self-Determination and Education Assistance Act, Pub. The Higher Education Act of 1965 was reauthorized in 1968, 1972, 1976, 1980, 1986, 1992, 1998, and 2008. L. 11051, 3, July 31, 2007, 121 Stat. F. Redesignating paragraphs (d)(3) and (d)(4) as (d)(2) and (d)(3), respectively. F, title III, 309(g), Dec. 23, 2011, 125 Stat. Suggested Change: Some institutions and the non-Federal negotiators recommended that the protection provided by the 180-day maximum timeframe within a 12-month period for an approved leave of absence is sufficient to prevent abuse and that tracking the reasons for requests for subsequent leaves and evaluating them against certain limited exceptions is administratively burdensome. H. Removing are and adding in its place is in newly redesignated paragraph (d)(3)(i). A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law. At the conclusion of the discussion on the issue of incentive payment restrictions, all the negotiators agreed that clarification was needed in the area of the incentive payment restrictions and that the issuance of specific guidance in the regulations was preferable to our earlier use of private letter guidance in response to individual inquiries. 6. (1127), Equitable distribution of certain funds. In United States: The Great Society The Higher Education Act of 1965 provided scholarships for more than 140,000 needy students and authorized a National Teachers Corps. General Provisions. Another prior section 1001, Pub. Document page views are updated periodically throughout the day and are cumulative counts for this document. Send an email containing a link to this search page and a summary of the results (limited to 50). (iii) Include any other information that the Secretary may require to determine whether to grant the request. However, we agree with the vast majority of the negotiators and the constituents whose interests they represent that the 12-hour rule is an unnecessary barrier to flexible and innovative educational programs, and that a week of instructional time should be defined in the same way for all educational programs. If you want to schedule an appointment to inspect the public comments, please contact the person listed under FOR FURTHER INFORMATION CONTACT. PREMARC/SERLOC merged record, Italy. Another prior section 1001, Pub. However, formatting rules can vary widely between applications and fields of interest or study. However, such a debt is, by definition, not a Title IV debt and cannot be considered as such. (1072), Effects of adequate non-Federal programs. 11/03/2022, 810 L. 95566, 1, Nov. 1, 1978, 92 Stat. During negotiated rulemaking, the proposal to eliminate the 12-hour rule was discussed at length. If only black-and-white ("b&w") sources are listed and you desire a copy showing We have previously stated that if we determine that the only way that an institution can comply with a requirement of an outside entity is to take attendance, the institution is considered to be required to take attendance even if the outside entity states that it does not require the institution to take attendance (Dear Colleague Letter GEN-00-24). The student would also not be eligible for additional Title IV aid until the overpayment is fully paid or satisfactory arrangements to repay are made. A, title III, 3501, Mar. Therefore, the proposed regulations provide that such payments made by an institution are not prohibited as long as those payments are made to all or substantially all of the institution's full-time professional and administrative employees and are substantially the same amount or are based upon the same percentage of salary. L. 96374, title XIII, 1393, Oct. 3, 1980, 94 Stat. Executive Order 12866 and the Presidential Memorandum on Plain Language in Government Writing require each agency to write regulations that are easy to understand. The Secretary is amending these regulations to reduce administrative burden for program participants, provide benefits to students and borrowers, and to protect the taxpayers' interests. Section 600.31 is amended by revising paragraph (e) to read as follows: (e) Excluded transactions. During the negotiated rulemaking discussion on ATB testing, we suggested that the regulations should be modified to make it clear that an institution must obtain the results of an approved ATB test directly from either the test publisher or from the assessment center that administered the test. These tools are designed to help you understand the official document USE OF SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS FOR EMERGENCY AID. Many institutions suggested that the development of contractual agreements for training or instruction between an institution and an employer is another area where the incentive payment restrictions should not be applied. (1070), Federal Pell Grants: amount and determinations; applications. (1011i), Improvements in market information and public accountability in higher education. Provisions similar to this section were contained in section 1141(a) of this title prior to repeal by Pub. 2011Subsec. Suggested Change: Institutions suggested that the 12-month limitation on the acceptability of an ATB test passing score was not necessary and should be removed from the regulations. Change the settings back to the previous configuration (before you selected Default). documents in the last year, by the Environmental Protection Agency L. 99498. 2998, provided that: This Act may be cited as the Higher Education Extension Act of 2005. (3)(i) An institution is required to take attendance if an outside entity (such as the institution's accrediting agency or a State agency) has a requirement, as determined by the entity, that the institution take attendance. They also suggested that we clarify the circumstances in which an institution must make a late disbursement and those in which it has the option to do so. Sections 685.301(a)(9)(i)(B)(2) and (a)(9)(ii)(A) are amended by removing 34 CFR 668.2 and adding, in its place 34 CFR 668.3. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or. L. 116270, 1, Dec. 31, 2020, 134 Stat. In such cases, even though the balance of the overpayment now owed is less than $25, the de minimis standard would not apply, and the student would still be responsible for fully repaying that remaining balance. However, if a check is used to return unearned funds, the proposed regulations would also require that the check must be received by an FFEL Program lender or the Secretary no later than 45 days after the institution determined the student withdrew. Office of Postsecondary Education, Department of Education. Moreover, we believe that for purposes of these regulations, the Internet is simply a communications medium, much like the U.S. mail, and direct mail solicitations and advertisements have generally not been considered within the scope of the incentive payment restrictions. Either way, please contact your web host immediately. 11/03/2022, 174 The proposed regulations would modify guidance issued in the past that stated that the FWS student had to provide direct and personal services to other students. The list of safe harbor activities is derived from compensation and payment plans that the majority of the negotiators agreed should be included. In other words, an institution may not accept as a valid passing test score a report it received from the student or from another institution (unless it came from a test assessment center at another institution in accordance with the regulations). Proposed Regulations: Under the proposed regulations in 668.22(b)(3)(i), for the purposes of determining the withdrawal date of a student, an institution would be considered to be one that is required to take attendance only when an outside entity determines that it requires that the institution take attendance for some or all of its students. For purposes of paragraph (a) of this section. About the Federal Register Bills numbers restart every two years. Notwithstanding section 484 of the Higher Education Act of 1965 (20 U.S.C. (3) If enrolled in a credit hour program without terms or a clock hour program, has completed the payment period as defined in 668.4 for which he or she has been paid a Federal Pell Grant. 2425, provided that: [Pub. They also do not apply when an employee, manager or otherwise, occasionally has direct contact with a prospective student. Consistent with that guidance, when, through a census on a certain date or similar process, all of a student's instructors indicate that the student is no longer in attendance, the student is considered to have officially withdrawn as of the census date.
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