Federal Update VASFA Fall Meeting Liberty University October 6, 2011

Program Integrity 2

R2T4 DCL GEN Effective date of changes –Apply s to students who withdraw from payment periods/periods of enrollment beginning on or after July 1, 2011 –Does not apply to students who withdrew from a 2011 crossover payment period Definition of “Offered in Modules” –Program is offered in modules (for R2T4) if a course or courses do not span the entire length of payment period/ period of enrollment –If some courses span the entire payment period/period of enrollment but some do not: Program is considered offered in modules for those students scheduled to attend at least one course that does not span payment period/period of enrollment 3

R2T4 DCL GEN Summer Sessions –Summer terms offered in multiple sessions combined into a term are considered “offered in modules” All students who withdraw are considered to be withdrawing from a program offered in modules –Because none of the courses spans the entire payment period –Summer terms offered in multiple sessions but with course options spanning the entire payment period Student scheduled to attend only course(s) spanning entire payment period is not considered enrolled in a program offered in modules for R2T4 purposes 4

R2T4 DCL GEN Student ceasing attendance in a module-based program not considered a withdrawal if written confirmation of date he/she will attend a later module is received “at the time that would have been a withdrawal” –At the time that would have been a withdrawal Close to the date the student actually ceased attendance Before institution was required to return Title IV funds/offer a PWD or take other R2T4 related action Obtained prior to start of module in which student is confirming attendance –Online confirmation allowed if a timely, positive confirmation of future attendance –Institution may not wait to perform R2T4 to see if withdrawn student who failed to provide written confirmation of future attendance will return later in the payment peiod 5

R2T4 DCL GEN Student who ceases attendance between modules he/she was scheduled to attend, is considered withdrawn –Considered withdrawn because he/she was scheduled, but failed, to complete a later module Assuming written confirmation of future attendance in the same payment period is not received – Under new regulations, completion of one course in one module is not considered completion of the payment period (as was the case prior to July 1, 2011) 6

R2T4 DCL GEN Total number of calendar days in the payment period/period of enrollment –All days within the period student was scheduled to attend prior to ceasing attendance Adjustments to enrollment status made after ceasing attendance have no bearing on R2T4 –Excludes approved LOAs and scheduled breaks of 5 days or more –Example: Student enrolls in Modules 1, 2 and 3, withdrawing from Module 1 while still scheduled to attend all three modules Total number of calendar days in the payment period is inclusive of all days in Modules 1, 2 and 3(denominator of R2T4 calculation) –Except LOA or scheduled breaks of 5 or more days –Includes days between modules unless the break is at least 5 consecutive days 7

R2T4 DCL GEN Institution is not required to delay 1 st disbursement of DL until student has begun at least half-time attendance –Preamble (October 29, 2010 Final Rules) statement refers only to PWD Institution is not prohibited from making a second disbursement of Pell Grant funds to a student if R2T4 calculation results in a PWD –Preamble (October 29, 2010 Final Rules) statement is incorrect Correction published in the Federal Register April 13,

R2T4 DCL GEN –Institutions required to take attendance 14-day rule modified for students not considered a withdrawal from a program offered in modules due to confirming attendance in a later module –No action required unless student does not return as scheduled –If student does not return, date of determination can be no later than 14 days after date scheduled to resume attendance Monitoring of whether online students log into class does not, by itself, result in the institution being considered required to take attendance –If monitoring is tracking student engagement, institution is considered required to take attendance for R2T4 purposes 9

R2T4 DCL GEN Institutions required to take attendance –Requirement that faculty provide a LDA students with all “F” grades to determine if student has unofficially withdrawn, does not make institution required to take attendance –Requirement to take attendance in some courses but not others does not constitute a requirement to take attendance Only required to take attendance if attendance taking is required in all classes in the program for a period of time –Taking attendance on a specified day for census purposes is not a requirement to take attendance Census date for each module permissible 10

Required Verification Items DCL GEN Refer to July 13, 2011 Federal Register Notice for documentation requirements All applicants selected for verification –Number in household (signed statement listing name/age of each member and relationship to applicant) Verification not required if - – Applicant is dependent w/parent marital status of single, separated, divorced or widowed and household size of 2 –Applicant is dependent w/parent marital status of married and household size of 3 –Applicant is independent w/marital status of single, separated, divorced or widowed and household size of 1 –Applicant is independent w/marital status of married and household size of 2 11

Required Verification Items DCL GEN –Number in postsecondary education (signed statement listing each member in college at least ½ time and name of school(s) Not required if number is 1 –Food Stamps – Supplemental Nutrition Assistance Program (SNAP) (statement from issuing agency/other documentation showing receipt ) If receipt is indicated on FAFSA –Child support paid (statement signed by payer, listing amount, recipient and name of child for whom paid) If reported on the FAFSA 12

Required Verification Items DCL GEN Tax filers selected for verification (all elements may be verified using IRS Data Retrieval) –Adjusted Gross Income (AGI) –U.S. income tax paid (IRS –Untaxed income – if reported on FAFSA Untaxed IRA distributions Untaxed pensions Education credits IRA deductions Tax exempt interest Non-tax filers selected for verification –Income earned from Work (W-2; signed statement certifying non-filing/not required to file and sources and amounts of income not on a W-2 Form 13

Required Verification Items DCL GEN selection process –Customized verification process not implemented –Applicants still selected based on highest probability of errors IRS Data Retrieval –Applicants using IRS Data retrieval (02 IRS Request Flag) are considered to have verified FAFASA IRS information 14

Required Verification Items DCL GEN IRS Tax Return Transcript required when: –Applicant did not use IRS Data Retrieval Process Either initial FAFSA or FOTW correction –Filing status is “married filing separately” Independent applicant and spouse and parents of a dependent student –Applicant/parent had a change in marital status after end of the tax year (December 31, 2011) –Applicant, parent or spouse filed amended return 15

Satisfactory Academic Progress Terminology –Institutions must use terminology used in the October 29, 2010 Final Rules – to reference statuses discussed in those rules Ex. Probation, warning –Remedial Coursework SAP policy should describe how remedial courses are treated Must be included in qualitative (grade based) measure School discretion whether to include in pace –ESL Courses Same rules applicable to remedial coursework apply to ESL 16

Satisfactory Academic Progress Change of major effect on SAP –Determined by the institution and should be specified in SAP policy –May consider only the coursework attributable to the new major But may have a policy to include coursework taken in all prior majors Transfers of credit from other institutions –SAP policy must address treatment of transfer hours –Transferred hours accepted into student’s program must count as both attempted and completed –SAP policy may include non-accepted credits Not addressed in regulation Treatment is at institution’s discretion 17

Satisfactory Academic Progress SAP pace (quantitative) requirements –May use a different pace standard for students in different grade levels Ex. 50% pace for 1 st year, 65% pace for second year and 85% pace for 3 rd and 4 th years as opposed to 67% pace for all years –May use a graduated pace measured by payment period May be applicable to certain categories of students Must relate to cumulative pace 18

Satisfactory Academic Progress SAP reviews –SAP review not complete until qualitative and quantitative measures are reviewed Both measures must be reviewed at least annually If SAP reviewed each payment period to use warning, both measures must be reviewed –SAP Qualitative measure SAP policy must include GPA (or equivalent) that student must achieve at each evaluation Specific qualitative review at end of 2 nd academic year –Defined as 4 quarters or 6 semesters (at any enrollment status) –Student must have a 2.0 GPA (or equivalent), or academic standing consistent w/graduation requirements 19

Satisfactory Academic Progress Probation (following successful appeal) –Student placed on probation under prior rules is evaluated at the next regular evaluation point under new rules –Student on probation must be reviewed at the end of one payment period even if SAP policy is for annual reviews Probation and Academic Plan –Reviewed at the end of one payment period As required of student on probation –After probation, reviewed according to the plan No less frequently than the rest of the student population May be more frequent 20

Satisfactory Academic Progress Summer –If SAP is evaluated each payment period, it must also be reviewed after summer Assuming student attended in summer –Crossover period of enrollment for 2011 May use prior or new SAP rules Prior rules – Annual evaluation –If SAP evaluated at the end of summer, first evaluation under new rules occurs after summer 2012 Prior rules – payment period evaluation –First evaluation under new rules occurs after fall 2011 payment period New rules – annual evaluation –First evaluation could take place after summer, fall or spring depending on when in year evaluation occurs New rules – payment period evaluation –First evaluation at end of summer

Satisfactory Academic Progress SAP for clock hour programs –May review annually or at each payment period Must be measured at the end of a payment period Review must occur in conjunction with rules for maximum timeframe –Review options Point when scheduled hours for the payment period have elapsed – whether attended or not Point at which student has attended scheduled hours Point at which student successfully completes scheduled hours 22

Satisfactory Academic Progress Appeals –Number of appeals not limited by regulation School my limit appeals Repeat appeals based on the same circumstance require information about what has changed to permit SAP in the future –Appeal policy must include: How the student may reestablish eligibility Basis on which an appeal may be filed Information the student must submit, including –Why the student failed to make SAP –What changed to allow SAP at the next evaluation –150% timeframe may be appealed –Automatic academic amnesty not permitted 23

Satisfactory Academic Progress Financial Aid Warning –May only be used if SAP measured at each payment period –Lasts 1 payment period and requires not student action –Multiple warning periods permissible if student makes SAP after a given warning Successive warning periods not possible Financial Aid Probation –Must follow a successful appeal –Lasts only 1 payment period per appeal Student may be placed on probation more than once but only after appeal –Student not making SAP after 1 payment period must appeal again 24

Satisfactory Academic Progress Academic Plan –Must be used in conjunction with probation If student will require more than 1 payment period, school may place on probation and develop an academic plan –Must review after 1 payment period and subsequently according to the plan –Must ensure student is making SAP at a specific point in time –Developed by school and student individually May use a general plan for students in similar circumstances customized for a particular student – Maximum timeframe may be extended based on appeal 25

Gainful Employment Notices of Proposed Rulemaking published 6/18/10 & 7/26/10 Two sets of Final Rules published on 10/29/10 with effective date of 7/01/11 –Program Integrity; GE Reporting and Disclosures –Gainful Employment – New Programs Final Federal Register - June 13, 2011 –Performance Metrics (effective July 1, 2012) For gainful employment information and updates go to: (GE Web Page)

GE References DCLs and Announcements –GEN-11-10: Overview of GE Programs –GE EA #3: Teacher Certification Programs –GE EA #11: GE Program Determination –GE EA #12: Certificates offered within Degree Programs –GE EA #14: NSLDS GE Submittal Template – online reporting –GE EA #15: GE Reporting Dates –GE EA #16: Updating new GE Programs on EAPP –GE EA #18: Procedures to Report Missing GE Data –GE EA #19: Preparatory Coursework not GE Programs –GE EA #22: Updated NSLDS GE User Guide –GE EA #25: Disclosures for programs with same CIP/Credential

Annual Submission  Institution (even if do not participate in a loan program) annually submit information on students (TIV and non-TIV) enrolled in TIV eligible GE programs  Report includes :  Student and Program identifying information  Amounts from private education loans and from institutional financing plans  Enrollment information  Tuition and Fees (Optional)  Use Enrollment Reporting Process in NSLDS  GE EA #17 – Updated NSLDS GE User Guide  GE EA # 14 – Submittal Template  NSLDS available 9/26/11

GE - Annual Submission  Reporting deadlines:  By October 1, 2011 (may submit through 11/15/11)  award year information (if available)  , , award year information  By November 15, 2011  award year information  GE EA #15 – reporting dates  If can’t produce award year information, the institution must provide an explanation  Explanation sent to  GE EA #18 – procedures for reporting missing data 29

Gainful Employment Disclosures  Institution is required to disclose:  Occupations its programs prepare students to enter  Providing link to occupational profiles on O*NET  If 6 digit CIP produces more than 10 jobs, may provide a link to a representative sample of jobs (by name and SOC) its graduates typically find employment  Costs – tuition/fees, room/board and books and supplies  May include additional costs

Gainful Employment Disclosures  Institution is required to disclose:  On-time completion rate for each program  Determine the number of students who completed the program during most recently completed award year  Determine number of students who completed within normal timeframe regardless of whether transferred into program or changed programs at institution  Divide the number students who completed in normal timeframe by the total number of who completed the program; and X100

Gainful Employment Disclosures  Institution is required to disclose:  Placement rate for students completing each program  NCES developing methodology  Until developed, as of July 1, 2011:  If accrediting or State agency requires the calculation of a placement rate by program, the school must disclose the rate and who required it  If accrediting or State agency requires the calculation of a placement rate at the institutional level, the school must use the methodology to calculate a program rate and disclose it

 Institution is required to disclose:  Median loan debt incurred by students who complete the program –Title IV loan debt (FFEL and Direct Loan only) – Amount borrowed –Private educational loan debt – Amount borrowed –Institutional finance plans - Outstanding amount owed when withdraw or graduate Gainful Employment Disclosures

 Disclosures must be in promotional materials made available to prospective students and on website  Program home page website  Information simple and meaningful  Contain direct link to any other webpage with general, academic or admission information about the program  Information in an open format that can be retrieved, downloaded, indexed and searched  Made available to public without restrictions  ED developing disclosure form  Online Web application

 Must notify ED at least 90 days before the first day of class.  If the first day of class is on or after July 1, 2011 and before October 1, 2011, notification was due by July 1, 2011  If the first day of class is on or after October 1, 2011, institutions must provide notification to the Department at least 90 days prior to the first day of class. Gainful Employment – New Programs

Reporting procedures:  Electronic Announcement August 3, 2011 (GE EA #16)  Step by step instruction on how to report new GE programs on EAPP  Includes degree (proprietary schools) & non-degree GE programs  Notice of Intent to Offer GE program form to be mailed in with signature page and other supporting documentation  If notification not provided timely, school must wait for ED approval to offer TIV aid

Gainful Employment – New Programs Reporting procedures:  Electronic Announcement August 3, 2011 (GE EA #16)  Step by step instruction on how to report new GE programs on EAPP  Includes degree (proprietary schools) & non-degree GE programs  Notice of Intent to Offer GE program form to be mailed in with signature page and other supporting documentation  If notification not provided timely, school must wait for ED approval to offer TIV aid

Gainful Employment New Programs  Notification must include:  How institution determined need for the program  How the program was designed to meet local market needs  If an online program, how designed to meet regional or national market needs  Contain any wage analysis performed  How program was reviewed/approved/developed with business advisory committees, program integrity boards, public/private oversight agencies, and any businesses likely to employ graduates  Demonstrate approved by, or included in, school accreditation  Provide the date of the first day of class

Gainful Employment New Programs  Approval process  Unless ED requires school to obtain approval for additional programs (school status; program type), once notification is submitted, school is not required to get ED approval  If notification is not timely, school must obtain ED approval  If ED needs to approve the program, an alert notice will be sent to the school at least 30 days before the first day of class  Program Denials  If denied, ED will:  Explain how program failed  Provide opportunity for school response  School may request reconsideration

Gainful Employment New Programs  NPRM – 9/27/11  Establish new regulations to streamline the application and approval process for adding new GE programs  Comments must be received by November 14, 2011  Would not be effective until July 1, 2013  Continue to adhere to current rules

Gainful Employment “Performance Metrics” Establish minimal measures for determining whether certain postsecondary programs lead to gainful employment in recognized occupations, and the conditions under which these educational programs remain eligible for Title IV aid Minimum standards include (668.7): –program’s annual loan repayment rate is at least 35 percent –program’s annual loan payment is less than or equal to-- 30 percent of discretionary income; or 12 percent of annual earnings

Repayment Rate –The percentage of the GE Program’s former students who are repaying their loans. Debt to Earnings Ratio –For the GE Program’s completers, the average educational loan payments as a proportion of the average borrowers’ income. Informational Rates in 2012 First official rates in 2013 Gainful Employment “Performance Metrics”

 A program is a failing program for a year if it does not meet ANY of the minimum standards.  After one year’s failure institution must —  Disclose to students and prospective students the amount by which the program did not meet the minimum standards and any plans for improvement;  Establish a three ‐ day waiting period before students can enroll. Gainful Employment “Performance Metrics”

 After two years out of three as a failing program, institution must tell students that —  Their debts may be unaffordable;  The program may lose eligibility; and  What transfer options exist.  If a failing program for three of four years, program loses eligibility for Federal student aid Gainful Employment “Performance Metrics”

Gainful Employment Programs General rules for determining if an educational program is a GE program –Refer to DCL GEN and GE Elec. Ann. #11 –Most all programs offered by for-profit institutions are considered GE programs Exceptions: Program leads to a BA in liberal arts (w/stipulations) and prep. course of study –All educational programs offered by a public/private non- profit inst. are not considered GE programs –Most all non-degree educational programs offered by a public/private non-profit. inst. Are considered GE programs Exceptions: two-year program acceptable for full credit toward a BA degree w/ student admitted as a 3 rd year student, state teacher cert. and prep. course of study 45

Gainful Employment Programs Preparatory course of study is not considered GE – because it does not lead to GE –Even if it leads to a certificate provided by school Preparatory course of study loan limits –Considered undergraduate level and loan limits are at the undergraduate level Prep. Coursework to enroll in undergrad. Degree/cert. eligible for $2,625/additional $6,000 unsub. for independent students and dependent w/ parent PLUS denied Prep. Coursework to enroll in grad./prof. program eligible for $5,500/additional $7,000 unsub. for independent students and dependent w/parent PLUS denied 46

Gainful Employment Programs Certificates awarded as part of a degree program (GE Elec. Ann. #12) –Students enrolled only in degree program (not also in a separate certificate program) – evaluate the degree program only under GE Elec. Ann. #11 –Inst. offers a separate certificate program – students enrolled in degree program only are not included in disclosure/reporting for certificate –Students enrolled in a certificate program must be included in the certificate GE program’s disclosure/reporting (even if concurrent enrollment in the degree program) Also in the degree program’s disclosure/reporting if a GE program –If significant number of students in degree program are awarded only the certificate, students must be in disclosures and reporting for a certificate program If certificate program not offered, degree program is treated as a GE certificate program 47

Gainful Employment Programs Teacher certification programs (GE Elec. Ann. #3) –Not GE if institution does not provide a certificate –Programs that result in a certificate awarded by the institution are considered GE Programs sharing the same CIP Code (GE Elec. Ann. #25) –Institutions must determine if disclosures provided to prospective students for two programs w/ the same CIP Code accurately reflect each program –Web disclosures should be corrected in 2-3 months 48

49 DL Changes Budget Control Act of 2011

DL Changes— Budget Control Act of 2011 DCL GEN (8/31/2011): –Loss of Subsidized Loan Eligibility for Graduate/Professional Students –For loan periods beginning on or after 7/1/2012, graduate/professional students are not eligible for Subsidized Loans –$20,500 graduate/professional annual aggregate remains ($47,167 for certain health professions students), but will now all be Unsubsidized 50

DL Changes— Budget Control Act of 2011 Termination of DL Repayment Incentives With one exception, the BCA ends ED’s authority to offer repayment incentives to DL borrowers to encourage on-time repayment of loans, including interest rate or origination fee reductions, effective for loans 1st disbursed on/after July 1,

DL Changes— Budget Control Act of 2011 Where a 1st loan disb. date is on/after July 1, 2012, the up- front interest rebate for DL borrowers at the time of disb. will no longer be offered Interest rate reductions to borrowers who agree to have payments automatically electronically debited from a bank account remain Termination of DL Repayment Incentives

Comments on the content of this presentation or my performance should directed to: Thomas Threlkeld Thanks Greg Martin