Consumer Information Requirements

Disclaimer The information provided during this webinar is just a portion of what is covered in the Consumer Information Requirements To ensure your campus is in compliance, please review GEN-08-12, the FSA Handbook, and other guidance from the U.S. Department of Education (ED)

Background Disclosures are in two broad categories: Non-Loan-Related Disclosure: Availability of Institutional and Financial Aid Information Student Financial Assistance General Institutional Information Health and Safety Student Outcomes Intercollegiate Athletic Program Voter Registration

Background Disclosures are in two broad categories: Disclosure Requirements Relating to Education Loans: HEA disclosure requirements that are related to Title IV, HEA program loans, and private education loans

Challenges Understanding the details –The original law had 432 pages –Interpreting the regulations can be difficult Multiple offices on campus have areas of responsibility under the regulations –When one office makes a change, it impacts what you do in your office

Challenges Who you notify depends on the statute How you notify your students depends on the statute

Importance of Compliance Civil penalty –In addition to limiting, suspending, or terminating the participation of any school that fails to comply with the consumer information requirements, the Department may impose civil fines of up to $27,500 for each violation HEA Sec. 487(c)(3)(B) 34 CFR 36.2

We Will Review Notice of availability of institutional and financial aid information Student outcomes Loan Counseling Misrepresentation Health and safety Tips and resources

Who Receives the Disclosures Currently enrolled students and current employees Institution’s annual campus security report (34 CFR ) Currently enrolled students Notice about information and the availability of: 1.Financial assistance available to enrolled students 2.Information on the school 3.School’s completion, graduation, and, if applicable, transfer-out rates 4.Student’s rights under FERPA 5.Athletic program participation rates and financial support Source: FSA Handbook, , Vol 2

Who Receives the Disclosures Everyone who requests information about employment at the school Notice about availability of the campus security report Prospective students 1.Financial assistance available 2.Information on the school 3.Student’s rights under FERPA 4.Availability of campus security report 5.School’s completion, graduation, and, if applicable, transfer-out rates 6.Athletic program participation rates and financial support Source: FSA Handbook, , Vol 2

Who Receives the Disclosures Prospective athletes and their parents, high school coaches, and guidance counselors A school that is attended by students receiving athletically-related student aid must produce a report on the completion and graduation rates of student-athletes 34 CFR Faculty, students, and employees Drug and alcohol prevention information General public A school that participates in any FSA program and has an intercollegiate athletic program must provide a report on athletic program participation rates and financial support 34 CFR Source: FSA Handbook, , Vol 2

Important to Note Unless otherwise indicated, the following disclosures apply to or are required of all institutions participating in Title IV HEA Student Financial Aid Programs

Notice of Availability and Contact Information for Institutional and Financial Aid Information

Notice of Availability of F.A. Notice must be distributed to each enrolled student annually –List and briefly describe the information –Include statement of procedures required to obtain the information –If the notice is disclosed on the web, it must include: Exact electronic address Statement that the institution will provide a paper copy upon request 34 CFR (b) & (c)

Contact Information Must be made available to: Include how and where to contact staff 34 CFR , 34 CFR Prospective students Enrolled students Institutional information Financial aid information

General Institutional Information

Financial Aid Information Information must include: –Federal, state, local, private, and institutional student financial aid available to those who enroll Need-basedNon-need-based 34 CFR

Federal Loans Information must include: –Terms and conditions of Title IV loans –Selection criteria for awards –Amount determination of awards –Eligibility requirements –Application procedures –Disbursements 34 CFR

Loan Counseling Information Information must include : 34 CFR Rights and responsibilities Criteria for continued eligibility Standards for satisfactory academic progress Loan details

Private Loans HEOA institutional and private loan disclosures and requirements ensure: An informed student loan borrower Borrower choice of lender Transparency and high ethical standards in the student lending process Selection of preferred lender based on best interest of borrowers

Private Loans GEN guidance applies to private education loans: Covered institution not considered in a preferred lender arrangement if it provides borrowers with neutral, comprehensive list of private education lenders that have made loans within a 3-5 year time period and a statement that borrower can choose any lender Covered institution cannot recommend any lender and may include a comparison of the private lenders terms & conditions.

Financial Aid Information Penalties for drug law violations Information provided to each student in separate written notice –Advises student that conviction under federal or state law for any offense involving the possession or sale of illegal drugs will result in loss of eligibility for any Title IV grant, loan, or work-study HEA Sec 485(k)

Financial Aid & Drug violations –If eligibility is lost: Student must be notified in separate, clear, and conspicuous written notification about –Their loss of eligibility –Ways in which they can regain eligibility HEA Sec 485(k) Penalties for drug law violations

Privacy of Student Records: FERPA Family Educational Rights and Privacy Act Annual notification regarding education records –Right to review –Right to request amendment –Right to consent to disclosures of personally identifiable information –Right to file complaint with ED –School’s policy regarding disclosures to school officials with legitimate educational interest (if applicable) 34 CFR , 34 CFR Part 99

FERPA To disclose directory information without prior consent, must provide to students a list of what is considered “directory information” that includes: –Types of information –Student’s right to opt out Time period student has to notify school in writing 34 CFR , 34 CFR Part 99

FERPA Can be distributed by any means reasonably likely to inform students of their rights Applies to all institutions receiving funds from any ED program 34 CFR , 34 CFR Part 99

Facilities and Services for Students with Disabilities Each institution must make available to prospective and enrolled students information about facilities and services available to students with disabilities, including students with intellectual disabilities 34 CFR (a)(7)

Student Diversity Must make available to current and prospective students information about student body diversity, including the percentage of enrolled, full-time students in the following categories: HEA Sec. 485(a)(1) Male Federal Pell grant recipients Female Self-identified members of a major racial or ethnic group

Cost of Attendance Includes : 34 CFR Tuition and fees Books and supplies Room and board Transportation costs Any additional costs

Net Price Calculator Must be available on a school’s website by October 29, 2011 Templates are available from ED Schools can develop their own calculator, but it must have the same elements as ED’s calculator More information can be found at netprice_1029.asp netprice_1029.asp HEA Sec. 132(h)

Refund Policy, Requirements for Withdrawal, and Return of Title IV Financial Aid Each institution must make available to prospective and enrolled students information about: –The institution’s refund policy –Requirements and procedures for official withdrawal –Requirements for return of Title IV, HEA grant, or loan aid 34 CFR (a)-(d) 34 CFR

Textbook Information Must be disclosed on the course schedule For each course, include the International Standard Book Number (ISBN) and retail price information for: –Required textbooks –Recommended textbooks –Supplemental materials for each course HEA Sec. 133

Information for College Bookstores Upon request, include: –Course schedule for the subsequent academic period –Information provided for students under textbook information –The number of students enrolled in each course or class –Maximum enrollment for each course or class HEA Sec. 133

Educational Program and Instructional Facilities Educational program –Current degree programs –Other educational and training programs Instructional facilities –Instructional –Laboratory –Other physical plant related to the academic program 34 CFR

Educational Program and Instructional Facilities Faculty and other instructional personnel Any plans for improvement Transfer of credit policies and articulation agreements –Must disclose criteria –Provide a list of schools where there is an articulation agreement 34 CFR

Accreditation, Approval, and Licensure of Institution and Programs Must make available –Names of the associations, agencies, or governmental bodies Any that accredit, approve, or license –Procedures for obtaining or reviewing documents 34 CFR (b)

Copyright Infringement— Policies and Sanctions Unauthorized distribution –Includes unauthorized peer-to-peer file sharing Summary of penalties School’s policies –Provide an explicit statement that unauthorized distribution or peer-to-peer sharing may subject students to civil and criminal liabilities 34 CFR (a)(10)

College Navigator A free consumer information tool designed to help students, parents, high school counselors, and others get information about colleges and universities Must be available as a link on the school’s website –URL is obtained through National Center for Education Statistics (NCES) HEA 132 (i)(1)

Student Outcomes

Retention Rate Schools must make known their institution’s retention rate as reported to the Integrated Postsecondary Education Data System (IPEDS) In the case of a request from a prospective student, the information must be made available prior to the student enrolling or entering into any financial obligation with the institution 34 CFR (d)

Completion/Graduation and Transfer-out Rates Must make annually available: –The completion or graduation rate of certificate or degree-seeking, first-time, full-time undergraduate students 34 CFR (a)

Completion/Graduation and Transfer-out Rates Must make annually available: –Data to be available by July 1 each year for most recent cohort with 150% of normal time completion by August 31 of the prior year 34 CFR (a) NOTE: Normal time is the amount of time necessary for a student to complete all requirements for a degree or certificate according to the institution’s catalog, typically: Four years for a bachelor’s degree in a standard term-based institution Two years for an associate degree in a standard term-based institution The various scheduled times for certificate programs

Completion/Graduation and Transfer-out Rates If information is requested by a prospective student, it must be made available prior to student enrolling or entering into any financial obligation If the school’s mission includes providing substantial preparation for students to enroll in another Title IV-eligible institution, then the school must disclose a transfer-out rate for each cohort 34 CFR (c)

Completion/Graduation and Transfer-out Rates Exclusions –Students who leave due to: Armed forces Official church missions Federal foreign aid service Death Total and permanent disability 34 CFR (d)

Completion/Graduation and Transfer-out Rates Exclusions –If the exclusions represent 20% or more of the certificate or degree-seeking, full-time undergraduates They may be included in completion/ graduation rate calculations Allow for the time they were not enrolled (due to service) by adding that time to the 150% of normal time used in the calculations 34 CFR (d)

Completion/Graduation and Transfer-out Rates Completion or graduation rates must be disaggregated by: –Gender –Major racial and ethnic subgroup (as defined in IPEDS) –Recipients of a federal Pell grant 34 CFR (a)

Completion/Graduation and Transfer-out Rates Completion or graduation rates must be disaggregated by: –Recipients of a subsidized Stafford loan who did not receive a Pell grant –Students who did not receive either a Pell grant or a subsidized Stafford loan Include students who received either a grant or a loan during the period used for determining the cohort—fall term or full year 34 CFR (a)

Completion/Graduation and Transfer-out Rates Disclose only if the number of students in each is sufficient to yield statistically reliable information Cannot reveal personally identifiable information Effective 2011–12, this also applies to two-year degree-granting institutions 34 CFR (a)

Completion/Graduation and Transfer-out Rates For students receiving athletically- related student aid –Information reported by July 1 each year –School’s responsibility is satisfied if: School is a member of a national collegiate athletic association; The association compiles data on behalf of its member institutions, which data ED determines is comparable to what’s required; and The association distributes the compilation to all secondary schools in the United States 34 CFR (f)

Placement in Employment Must make available to current and prospective students the placement of, and types of employment obtained by, graduates of the institution’s degree or certificate programs –Identify source of placement information –Identify any timeframes and associated methodology 34 CFR

Job Placement Rates In the case of an institution that advertises job placement rates as a means of attracting students to enroll in the institution, it will make available to prospective students, at or before the time that those students apply for enrollment –The most recent available data concerning employment statistics, graduation statistics, and any other information necessary to substantiate the truthfulness of the advertisements; and 34 CFR (b)(10)

Job Placement Rates –Relevant state licensing requirements of the state in which the institution is located for any job for which an educational program offered by the institution is designed to prepare those prospective students 34 CFR (b)(10) In the case of an institution that advertises job placement rates as a means of attracting students to enroll in the institution, it will make available to prospective students, at or before the time that those students apply for enrollment

Voter Registration Each school must: –Make a “good faith” effort to distribute a voter registration form to each student enrolled in a degree or certificate program and physically in attendance Make it widely available –Can distribute it electronically –Can provide Internet address where it can be downloaded from Request the forms from the state at least 120 days prior to the deadline to register Only applies to states that have a voter registration requirement 34 CFR (d)

Misrepresentation

Any false, erroneous, or misleading statement made to a student or prospective student, to the family of an enrolled or prospective student, or to ED –This includes disseminating testimonials and endorsements given under duress

Substantial Misrepresentation Any misrepresentation on which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that person’s detriment

Nature of Educational Program Includes false or misleading statements regarding the school’s: 34 CFR –Accreditation –Transfer credits –Courses –Size, location, facilities, or equipment –Faculty

Nature of Educational Program Includes false or misleading statements regarding the school’s: 34 CFR –Availability of financial assistance, including employment –Tutoring and other supplementary assistance –Prerequisites

Nature of Financial Charges Includes, but is not limited to: –Offers of scholarships to pay course charges –Whether a particular charge is the customary charge

Employability of Graduates Includes, but is not limited to false, erroneous, or misleading statements regarding: –Connection to any organization leading directly to employment –Placement services for graduates –Job market statistics

Health and Safety

Drug and Alcohol Abuse Prevention Program Annually distribute to each student and employee: –Standards of conduct –Sanctions –Health risks –Counseling, treatment, rehabilitation, or re-entry programs 34 CFR

Drug and Alcohol Abuse Prevention Program Make available, upon request, to the public and ED the information provided to students and employees and the results of a biennial review 34 CFR

Vaccinations Policy Schools must make information available regarding institutional vaccination policies –Current and prospective students HEA Sec. 485(a)(1)

Security Report Must be distributed by October 1 each year –If distributed via the web, include a statement that contains: Availability of the report Exact electronic address Brief description of contents Statement that the school will provide a paper copy upon request 34 CFR (e)

Security Report Report must contain information including policies regarding: –Reporting criminal actions or emergencies –Making timely warning reports Include list of titles of persons or organizations to whom criminal offenses should be reported 34 CFR (b)

Security Report Report must contain information including policies regarding: –Preparing annual disclosure –Security and access –Statement about policies or procedures for confidential crime reporting for victims or witnesses (if applicable) Includes any procedures for pastoral or professional counselors 34 CFR (b)

Security Report Report must contain information including policies regarding: –Law enforcement authority of campus security and relationship with state and local authorities –Programs to inform students and employees –Monitoring and recording –Possession, use, and sale of alcohol and enforcement of federal and state laws 34 CFR (b)

Security Report 34 CFR (b) Report must contain information including policies regarding: –Description of alcohol or drug abuse programs –Statement regarding state sex offense registry –Policy regarding campus sexual assault prevention programs –Procedures to be followed if a sex offense has occurred

Security Report Emergency response and evacuation procedures –Must include a statement of policy regarding its emergency response and evacuation procedures in the annual security report 34 CFR (g)

Security Report Timely warning reports –An institution must, in a manner that is timely and aids in the prevention of similar crimes, report to the campus community on crimes that are: Considered by the institution to represent a threat to students and employees 34 CFR (e)

Security Report Not required to provide a timely warning with respect to crimes reported to a pastoral or professional counselor 34 CFR (e)

Security Report An immediate threat to the health or safety of students or employees occurring on campus –Schools must follow its emergency notification procedures (schools that follow its emergency notification procedures are not required to issue a timely warning based on the same circumstances; however, the school must provide adequate follow-up information to the community as needed) 34 CFR (e)

Security Report: Crime Log Schools that maintain a campus police or a campus security department must maintain a written, easily understood daily crime log that records, by the date the crime was reported, any crime that occurred on campus, on a non-campus building or property, on public property, or within the patrol jurisdiction of the campus police or the campus security department and is reported to the campus police or the campus security department

Security Report: Crime Log Schools 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 the campus security department, unless that disclosure: –Is prohibited by law –Jeopardizes the confidentiality of the victim –Jeopardizes an ongoing criminal investigation or the safety of an individual –Causes a suspect to flee or evade detection –Results in the destruction of evidence 34 CFR (f)

Fire Safety Report and Fire Log A school that maintains on-campus student housing must maintain a fire log that records, by the date that the fire was reported, any fire that occurred in an on-campus student housing facility 34 CFR

Fire Safety Report and Fire Log A school must make the fire log for the most recent 60-day period open to public inspection during normal business hours –Any portion of the log older than 60 days must be made available within two business days of a request for public inspection A school must make an annual report to the campus community on the fires recorded 34 CFR

Fire Safety Report and Fire Log Beginning by October 1, 2010, an institution that maintains any on-campus student housing facility must prepare an annual fire safety report –If distributed via the school’s website, the institution must provide a notice that includes: 34 CFR (b) Statement of report’s availability Exact electronic address Brief description of contents Statement that a paper copy is available upon request

Fire Safety Report and Fire Log A school may publish its annual fire safety report concurrently with its annual security report only if the title of the report clearly states that the report contains both the annual security report and the annual fire safety report If a school chooses to publish the annual fire safety report separately from the annual security report, it must include information in each of the two reports about how to directly access the other report 34 CFR (b)

Fire Safety Report and Fire Statistics Fire statistics –Must be submitted to ED annually –An institution must report statistics for each on-campus student housing facility, for the three most recent calendar years for which data are available

Information for Crime Victims about Disciplinary Proceedings Upon written request: –Disclose to alleged victim of any crime of violence or a non-forcible sex offense Results of disciplinary proceeding If victim is deceased as a result, next of kin of alleged victim must be provided Applies to any disciplinary proceeding on or after August 14, 2009 HEA Sec 487(a)

Tips and Resources

Suggested Organization Focus both on compliance and communication Develop a single web page on the institution’s website that provides hyperlinks to the HEA disclosure information Source:

Suggested Organization Adopt a “three-click” approach Use consumer-friendly labels and language whenever possible, and avoid institutional/technical jargon Use a common set of content titles Source:

Resources FSA Assessment tools FSA Handbook Volume 2: Chapter 6 Common Manual nces.ed.gov

Resources Federal Register October 29, 2009 DCL GEN Dear Colleague Letters

Resources The Office of Postsecondary Education (or OPE) administers the data collection and the Department of Education reporting for: –Campus Security –Equity in Athletics (intercollegiate athletic program participation rates and financial support data) –Title II, HEA Teacher Preparation Program Reports

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