Under the Paperwork Reduction Act of 1995 (44 U.S.C. (b) Definitions. In a second example, a job that involves assisting an instructor in academic-related activities of the program in which the student was enrolled would be considered as being directly related to an FWS student's education or training. Either way, please contact your web host immediately. 395, provided that: Pub. In addition, these institutions suggested that the statutory requirement that the non-community service FWS jobs must furnish student services that are directly related to the student's training or education be removed from the definition of student services and be placed in the same section of the FWS Program regulations (675.21(b)) in which the other requirements for employment at a proprietary institution are located. Section 675.2(b) is amended by revising the definition of Student services to read as follows: Student services: Services that are offered to students that may include, but are not limited to, financial aid, library, peer guidance counseling, job placement, assisting an instructor with curriculum-related activities, security, and social, health, and tutorial services. The negotiators agreed with the reasons provided by the proprietary institutions. 819, provided that: Pub. Ask A Librarian service or call the reading room between 8:30 and First, we believe that increasing the timeframe from 90 to 120 days would benefit students and institutions by providing sufficient time, in most cases, for a late disbursement to be made without our approval and without regard to the reason for the late disbursement. (ii) 900 clock hours for a program measured in clock hours. 2083; Pub. (1011e), Application of peer review process. During the discussion on this point, the negotiators representing guaranty agencies, supported by others, suggested that, for FFEL loans, guaranty agencies continue to be allowed to approve a late disbursement based upon receiving information that the reason for the delay was not the fault of the student. Current Regulations: As provided in 668.32(e), an otherwise eligible student who does not have a high school diploma or its recognized equivalent and who does not meet the home-schooled standards of the regulation is eligible to receive Title IV, HEA program assistance only if the student has obtained a passing score, as specified by the Secretary, on an approved ability-to-benefit (ATB) test within 12 months before the date the student initially receives Title IV program assistance. S. 1965 (99th) was a bill in the United States Congress. (Parenthetical citations are to Title 20 of the U.S. Any amount collected must be returned to the institution's Federal Perkins Loan fund. If an FSEOG overpayment is not resolved, the institution must refer it to the Secretary if it is $25 or more. Of course, the institution must receive the SAR or ISIR before the actual disbursement can be made. However, the Secretary considers that the institution did not satisfy this requirement if, (i) The institution's records show that the check was issued more than 30 days after the date the institution determined that the student withdrew; or. (b)(1) Except as provided in paragraph (a)(3) of this section, if an institution makes a Federal Pell Grant overpayment for which it is not liable, it must promptly send a written notice to the student requesting repayment of the overpayment amount. The Pell Grant regulations do not specify this step. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. The potential costs associated with the proposed regulations are those resulting from statutory requirements and those we have determined to be necessary for administering these programs effectively and efficiently. Finally, the proposed regulations would eliminate the requirement, that in order for an institution to make a late disbursement of a Federal Pell Grant, it must have received a valid SAR or ISIR before the student became ineligible. L. 116251, 1, Dec. 22, 2020, 134 Stat. On an exception basis, and with the approval of the Secretary, an institution may make a late disbursement after the applicable 120-day period, if the reason the late disbursement was not made was not the fault of the student. (B) The institution submits documents showing that it did not fail to make timely refunds as provided under paragraphs (b) and (c) of this section; (ii) The institution's request, along with the documents described in paragraph (e)(2)(i) of this section, are submitted to the Secretary no later than the date it would otherwise be required to submit a letter of credit under paragraph (d)(3). We agree that if there is a reasonable expectation that a student will return from a leave of absence, it is better to keep the student enrolled than to have the student withdraw. As a result, under this proposal, an institution would treat GEAR UP scholarships as they relate to other gift aid (e.g., grants and scholarships) as the institution sees fit, except in the case of Title IV grant assistance, which must be awarded without regard to a student's eligibility for a GEAR UP scholarship. Please let us know of any further opportunities we should take to reduce potential costs or increase potential benefits while preserving the effective and efficient administration of the programs. (1161y), Henry Kuualoha Giugni Kupuna Memorial Archives. Section 600.8 is amended by adding proprietary institution of higher education or a postsecondary vocational after eligible''. We believe that these safe harbors will allow institutions to maintain payment and compensation plans that are in compliance with the HEA and the regulations. FF, title I, 101(a), Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. 507, provided that: Pub. 1999, provided that: Pub. 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. They argued that the restrictions on incentive payments should not apply in situations where an individual is paid for successfully obtaining a contract for the institution to provide education and training to a business's employees. (1161n-2), Demonstration and innovation projects; training and resource centers; and research. Additionally, the Federal Government should make this information readily accessible to the public and to prospective students and their families, in particular. (1161z). the eligibility data requirements set forth in section 391(d) and 521(e) of the, the wait-out period set forth in section 313(d) of the, the allotment requirements under paragraphs (2) and (3) of subsection [sic] 318(e) of the, the allotment requirements under subsections (b), (c), and (g) of section 324 of the, subparagraphs (A), (C), (D), and (E) of section 326(f)(3) of the, subparagraphs (A), (C), (D), and (E) of section 723(f)(3) and subparagraphs (A), (C), (D), and (E) of section 724(f)(3) of the, the allotment restriction set forth in section 318(d)(4) and section 323(c)(2) of the, waive or modify any statutory or regulatory provision to ensure that institutions that were receiving assistance under title III, title V, or subpart 4 of part A of title VII of such Act (, Any funds paid to an institution under title III, title V, or subpart 4 of part A of title VII of the, may modify the categories of extenuating circumstances under which a recipient of a grant under subpart 9 of part A of title IV of the, shall consider teaching service that, as a result of a qualifying emergency, is part-time or temporarily interrupted, to be full-time service and to fulfill the service obligations under section 420N of such Act; and, a period of recession or economic downturn related to the qualifying emergency period, as determined by the, the teaching service of a borrower is temporarily interrupted due to a qualifying emergency; and. (1121), Graduate and undergraduate language and area centers and programs. Selecting an institution and course of study are important decisions for prospective students and significantly affect long-term earnings. In particular, the institutions pointed to the Return of Title IV Aid regulations under which an institution must make a late disbursement (referred to as a post-withdrawal disbursement) and a provision of the late disbursement regulations under which an institution appears to have the choice of whether to make the late disbursement. L. 89329, title I, 101, as added Pub. L. 110256, 1(b), June 30, 2008, 122 Stat. Even with the expanded opportunities for student services, proprietary institutions should note that the statute and the proposed regulations in 675.21(b)(2) still require that student services must be directly related to the FWS student's education when the FWS student is employed in a non-community service job by the institution itself. The Secretary proposes to amend the Institutional Eligibility Under the Higher Education Act of 1965, as Amended; Student Assistance General Provisions; General Provisions for the Federal Perkins Loan (Perkins Loan) Program, Federal Work-Study Program, and Federal Supplemental Educational Opportunity Grant (FSEOG) Program; Federal Work-Study (FWS) Programs; Federal Family Education Loan (FFEL) Program; William D. Ford Federal Direct Loan (Direct Loan) Program; Federal Pell Grant (Pell Grant) Program; and Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) regulations. If a student withdraws from a program described in paragraph (b) or (c) of this section during a payment period and then reenters that program within 180 days, the student remains in that same Start Printed Page 51737payment period when he or she returns and, subject to conditions established by the Secretary or by the FFEL lender or guaranty agency, is eligible to receive any title IV student assistance funds for which he or she was eligible prior to withdrawal, including funds that were returned by the institution or student under the provisions of 668.22. L. 102325, title I, 101, July 23, 1992, 106 Stat. (1075), Eligibility of student borrowers and terms of federally insured student loans. For short title of section 1092(f) of this title as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, see section 1092(f)(18) of this title. During the deliberations some of the non-Federal negotiators stated that institutions commonly adjust a new employee's salary after a probationary period and then again after the employee completes the first year. Notwithstanding any other provision of the, for the 20192020 award year, not later than. 656; Pub. 27, 2020, 134 Stat. L. 101239, title II, 2001, Dec. 19, 1989, 103 Stat. 238; Pub. Lawrence Schlam. (1033a), Graduate fellowships to prepare faculty in high-need areas at colleges of education. If the institution is liable for an overpayment of any amount, it Start Printed Page 51728must immediately return the amount of the overpayment to the appropriate Title IV student aid account or otherwise return the funds to the Secretary as appropriate. L. 102325, 2, July 23, 1992, 106 Stat. (1067e-2), Cross program and cross agency cooperation. (1140k), Establishment of Advisory Commission on Accessible Materials in Postsecondary Education for Students with Disabilities. The proposed regulations would clarify and simplify the current process by providing that an institution only has to refer the Federal portion of certain FSEOG overpayments, and by making consistent the process for reporting overpayments for all the relevant programs. The Department of Education has estimated that the proposed regulations would have no effect on Federal costs over FY 2002-2006. Suggested Change: Proprietary institutions have suggested at conferences, meetings, and in letters that the current FWS Program regulations in 675.2(b) that define student services and our guidance on employment at these institutions be changed to expand employment opportunities for FWS students employed in non-community service jobs by the proprietary institution itself. (1131), Advanced degree in international relations. The non-Federal negotiators also suggested changes to the 5 percent threshold and the timeframes for submitting the letter of credit. The third and fourth suggestions deal with the requirement that, as a condition for making a late disbursement an institution must have received a SAR or ISIR with an official EFC before the date a student became ineligible. 7. There would be no significant impact upon burden associated with this requirement. Under the proposed regulations, an FWS student would be able to assist an instructor in the lab or in other work related to the instructor's official academic duties at the institution and have such work considered a student service. documents in the last year, 937 (1103a), Assistance to institutions under other programs. L. 94482, title V, 532, Oct. 12, 1976, 90 Stat. 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.

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