Office of Postsecondary Education - U.S. Department of Education
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Office of Postsecondary Education - U.S. Department of Education Office of Postsecondary Education - U.S. Department of Education

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66938 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and RegulationsWReier-Aviles on DSKGBLS3C1PROD with RULES2at private non-profit institutions willrequire an academic review (privatenon-profit institutions, which comprise30 percent of the total number ofinstitutions of higher education,multiplied by 8,537,400 individuals).Because the academic progress reviewsare generally highly automated, weestimate that, on average, each reviewwill take .02 hours (1.2 minutes) andwill increase burden by 51,224 hours.We estimate that 2,817,342individuals at public institutions willrequire an academic review (publicinstitutions, which comprise 33 percentof the total number of institutions ofhigher education, multiplied by8,537,400 individuals). Because theacademic progress reviews are generallyhighly automated, we estimate that, onaverage, each review will take .02 hours(1.2 minutes) and will increase burdenby 56,347 hours.Collectively, we estimate that theburden for institutions will increase by170,748 hours, in OMB Control Number1845–NEW2.As a result of the final satisfactoryacademic progress reviews conductedby the institutions, we estimate that 7percent of the 8,537,400 enrolledstudents (at institutions that reviewacademic progress annually) or 597,618will not successfully achievesatisfactory academic progress. Forthese students, institutions will need towork with each student to develop anacademic plan and this will increaseburden for the individual and theinstitutions. We estimate that under§ 668.34(d), 597,618 students will, onaverage, take .17 hours (10 minutes) toestablish an academic plan, increasingburden to individuals by 101,595 hours.We estimate that 3,158,838individuals at proprietary institutionswill require the development of anacademic plan as a result of notprogressing academically (proprietaryinstitutions, which comprise 37 percentof the total number of institutions ofhigher education, multiplied by8,537,400 individuals). Given thisnumber of individuals (3,158,838)multiplied by 7 percent (which is ourestimate for those who will notacademically progress), we expect221,119 individuals will need to workwith their institutions to develop anacademic plan. We estimate that eachacademic plan will take, on average, .25hours (15 minutes) of staff time,increasing burden by 55,280 hours.We estimate that 2,561,220individuals at private non-profitinstitutions will require thedevelopment of an academic plan as aresult of not progressing academically(private non-profit institutions, whichcomprise 30 percent of the total numberof institutions of higher education,multiplied by 8,537,400 individuals).Given this number of individuals(2,561,220) multiplied by 7 percent(which is our estimate for those whowill not academically progress), weexpect 179,285 individuals will need towork with their institutions to developan academic plan. We estimate that eachacademic plan will take, on average, .25hours (15 minutes) of staff time,increasing burden by 44,821 hours.We estimate that 2,817,342individuals at public institutions willrequire the development of an academicplan as a result of not progressingacademically (public institutions, whichcomprise 33 percent of the total numberof institutions of higher education,multiplied by 8,537,400 individuals).Given this number of individuals(2,817,342) multiplied by 7 percent (ourestimate for those who will notacademically progress), we expect197,214 individuals will need to workwith their institutions to develop anacademic plan. We estimate that eachacademic plan will take, on average, .25hours (15 minutes) of staff time,increasing burden by 49,304 hours.Collectively, we estimate that theburden for institutions will increase by149,405 hours, in OMB Control Number1845–NEW2.In total, the final regulatory changesreflected in § 668.34 will increaseburden by a total of 955,856 hours inOMB Control Number 1845–NEW2;however, when the 21,000 hours ofburden currently in OMB 1845–0022 areadministratively transferred from OMB1845–0022 to OMB 1845–NEW2, thegrand total of burden hours under thissection will increase to 976,856 in OMB1845–NEW2.Section 668.43—InstitutionalInformationThe Department has amended current§ 668.5(a) by revising and redesignatingparagraph (a) as paragraph (a)(1) andadding a new paragraph (a)(2). Section668.5(a)(1) is based on the language thatis in current § 668.5(a), but has beenmodified to make it consistent with thedefinition of an ‘‘educational program’’in 34 CFR 600.2.Section 668.5(a)(2) specifies that if awritten arrangement is between two ormore eligible institutions that are ownedor controlled by the same individual,partnership, or corporation, theinstitution that grants the degree orcertificate must provide more than 50percent of the educational program.These clarifications are also intended toensure that the institution enrolling thestudent has all necessary approvals toVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2offer an educational program in theformat in which it is being provided,such as through distance educationwhen the other institution is providinginstruction under a written agreementusing that method of delivery.Section 668.5(c)(1) includes anexpanded list of conditions that willpreclude an arrangement between aneligible institution and an ineligibleinstitution.Sections 668.5(e) and 668.43 willrequire an institution that enters into awritten arrangement to provide adescription of the arrangement toenrolled and prospective students.We estimate that 104 proprietaryinstitutions will enter into an average of1 written arrangement per institutionand that, on average, the burdenassociated with the informationcollections about written agreementsand its disclosure required under§ 668.5(e) and 668.43 will take .5 hours(30 minutes) per arrangement,increasing burden by 52 hours.We estimate that 1,731 private nonprofitinstitutions will enter into anaverage of 50 written arrangements perinstitution and that, on average, theburden associated with the finalcollection of information about writtenagreements and its disclosure will take.5 hours (30 minutes) per arrangement,increasing burden by 43,275 hours.We estimate that 1,892 publicinstitutions will enter into an average of25 written arrangements per institutionand that, on average, the burdenassociated with the final collection ofinformation about written agreementsand its disclosure will take .5 hours (30minutes) per arrangement, increasingburden by 23,650 hours.Collectively, we estimate that burdenwill increase for institutions in theirreporting of the details of writtenagreements by 66,977 hours in OMBControl Number 1845–0022.Currently, the Department requiresthat an institution must make availablefor review to any enrolled orprospective student upon request, acopy of the documents describing theinstitution’s accreditation and its State,Federal, or tribal approval or licensing.The Department requires in § 668.43(b)that the institution must also provide itsstudents or prospective students withcontact information for filingcomplaints with its accreditor and Stateapproval or licensing entity.We estimate that 1,919 (or 92 percentof all 2,086 proprietary institutions) willhave to begin providing contactinformation for filing complaints withaccreditors, approval or licensingagencies. We estimate that the other 8percent of proprietary institutions are

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66939WReier-Aviles on DSKGBLS3C1PROD with RULES2already providing this information. Weestimate that on average, this disclosurewill take .17 hours (10 minutes) perdisclosure and that it will, therefore,increase burden to proprietaryinstitutions by 326 hours.We estimate that 1,593 (or 92 percentof all 1,731 private non-profitinstitutions) will have to beginproviding contact information for filingcomplaints with accreditors, approval orlicensing agencies. We estimate that theother 8 percent of private non-profitinstitutions are already providing thisinformation. We estimate that onaverage, this disclosure will take .17hours (10 minutes) per disclosure andthat it will, therefore, increase burden toprivate non-profit institutions by 271hours.We estimate that 1,740 (or 92 percentof all 1,892 public institutions) willhave to begin providing contactinformation for filing complaints withaccreditors, approval or licensingagencies. We estimate that the other 8percent of public institutions arealready providing this information. Weestimate that on average, this disclosurewill take .17 hours (10 minutes) perdisclosure and that it will, therefore,increase burden to proprietaryinstitutions by 296 hours.Collectively, we estimate that burdenwill increase for institutions in theirreporting of the contact information forfiling complaints to accreditors andapproval or licensing agencies by 893hours in OMB Control Number 1845–0022.In total, the final regulatory changesreflected in § 668.43 will increaseburden by 67,870 hours in OMB ControlNumber 1845–0022.Section 668.55—Updating InformationSection 668.55 will require anapplicant to update all applicablechanges in dependency status that occurthroughout the award year, includingchanges in the applicant’s householdsize and the number of those householdmembers attending postsecondaryeducational institutions. We estimatethat 1,530,000 individuals will updatetheir household size or the number ofhousehold members attendingpostsecondary educational institutionsand that, on average, reporting will take.08 hours (5 minutes) per individual,increasing burden by 122,400 hours.We estimate that proprietaryinstitutions will receive updatedhousehold size or the updated numberof household members attendingpostsecondary educational institutionsfrom 566,100 applicants. We estimatethat each updated record will take.17 hours (10 minutes) to review, whichwill increase burden by 96,237 hours.We estimate that private non-profitinstitutions will receive updatedhousehold size or the updated numberof household members attendingpostsecondary educational institutionsfrom 459,000 applicants. We estimatethat each updated record will take .17hours (10 minutes) to review, whichwill increase burden by 78,030 hours.We estimate that public institutionswill receive updated household size orthe updated number of householdmembers attending postsecondaryeducational institutions from 504,900applicants. We estimate that eachupdated record will take .17 hours(10 minutes) to review, which willincrease burden by 85,833 hours.Collectively, we estimate that burdenwill increase for individuals andinstitutions as a result of being requiredto report updated household size andthe updated number of householdmembers attending postsecondaryeducational institutions by 382,500hours in OMB Control Number1845–0041, of which 122,400 hours isfor individuals and 260,100 hours is forinstitutions.This section also requires individualsto make changes to their FAFSAinformation if their marital statuschanges, but only at the discretion of thefinancial aid administrator because suchan update is necessary to address aninequity or to reflect more accuratelythe applicant’s ability to pay. As aresult, we estimate that of the 170,000individuals that will have a change ofmarital status, we expect that thisdiscretion will be applied in only tenpercent of the cases, therefore, tenpercent of the 170,000 estimated casesis 17,000 cases that on average thereporting will take .08 hours (5 minutes)per individual, increasing burden by1,360 hours.We estimate that proprietaryinstitutions will receive updated maritalstatus information from 6,290applicants. We estimate that eachupdated record will take .17 hours (10minutes) to review, which will increaseburden by 1,069 hours.We estimate that private non-profitinstitutions will receive updated maritalstatus information from 5,100applicants. We estimate that eachupdated record will take .17 hours (10minutes) to review, which will increaseburden by 867 hours.We estimate that public institutionswill receive updated marital statusinformation from 5,610 applicants. Weestimate that each updated record willtake .17 hours (10 minutes) to review,VerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00109 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2which will increase burden by 954hours.Collectively, we estimate that burdenwill increase for individuals andinstitutions in their reporting updatedmarital status information by 4,250hours in OMB Control Number1845–0041.Section 668.55 will also include anumber of other changes to removelanguage that implements the maritalstatus exception in the currentregulations, including removing current§ 668.55(a)(3) and revising § 668.55(b).In total, the final regulatory changesreflected in § 668.55 will increaseburden by 386,750 hours in OMBControl Number 1845–0041.Section 668.56—Information To BeVerifiedThe Department will eliminate fromthe regulations the five items that aninstitution currently is required to verifyfor all applicants selected forverification. Instead, pursuant to§ 668.56(a), for each award year, theSecretary will specify in a FederalRegister notice the FAFSA informationand documentation that an institutionand an applicant may be required toverify. The Department will then specifyon an individual student’s SAR and ISIRwhat information must be verified forthat applicant.Currently, under OMB ControlNumber 1845–0041, there are 1,022,384hours of burden associated with theverification regulations of which1,010,072 hours of burden are a resultof the data gathering and submission byeach individual applicant selected forverification. This estimate was basedupon the number of applicants in the2002–2003 award year. Since then, thenumber of applicants has grownsignificantly to 17.4 million applicantsfor the 2008–2009 award year, of whichwe project 5.1 million individualapplicants to be selected for verification.The projected number of items to beverified under the final regulations isexpected to be reduced from the currentfive required data elements to anaverage of three items per individual.This projected reduction in items to beverified will result in a reduction ofburden per individual applicant. Also,as a result of collecting information toverify applicant data on this smalleraverage number of data elements (threeitems instead of five items), the averageamount of time for the individualapplicant to review verification forminstructions, gather the data, respond ona form and submit a form and thesupporting data will decrease from thecurrent average of .20 hours (12minutes) per individual to .12 hours (7

66938 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and RegulationsWReier-Aviles on DSKGBLS3C1PROD with RULES2at private non-pr<strong>of</strong>it institutions willrequire an academic review (privatenon-pr<strong>of</strong>it institutions, which comprise30 percent <strong>of</strong> the total number <strong>of</strong>institutions <strong>of</strong> higher education,multiplied by 8,537,400 individuals).Because the academic progress reviewsare generally highly automated, weestimate that, on average, each reviewwill take .02 hours (1.2 minutes) andwill increase burden by 51,224 hours.We estimate that 2,817,342individuals at public institutions willrequire an academic review (publicinstitutions, which comprise 33 percent<strong>of</strong> the total number <strong>of</strong> institutions <strong>of</strong>higher education, multiplied by8,537,400 individuals). Because theacademic progress reviews are generallyhighly automated, we estimate that, onaverage, each review will take .02 hours(1.2 minutes) and will increase burdenby 56,347 hours.Collectively, we estimate that theburden for institutions will increase by170,748 hours, in OMB Control Number1845–NEW2.As a result <strong>of</strong> the final satisfactoryacademic progress reviews conductedby the institutions, we estimate that 7percent <strong>of</strong> the 8,537,400 enrolledstudents (at institutions that reviewacademic progress annually) or 597,618will not successfully achievesatisfactory academic progress. Forthese students, institutions will need towork with each student to develop anacademic plan and this will increaseburden for the individual and theinstitutions. We estimate that under§ 668.34(d), 597,618 students will, onaverage, take .17 hours (10 minutes) toestablish an academic plan, increasingburden to individuals by 101,595 hours.We estimate that 3,158,838individuals at proprietary institutionswill require the development <strong>of</strong> anacademic plan as a result <strong>of</strong> notprogressing academically (proprietaryinstitutions, which comprise 37 percent<strong>of</strong> the total number <strong>of</strong> institutions <strong>of</strong>higher education, multiplied by8,537,400 individuals). Given thisnumber <strong>of</strong> individuals (3,158,838)multiplied by 7 percent (which is ourestimate for those who will notacademically progress), we expect221,119 individuals will need to workwith their institutions to develop anacademic plan. We estimate that eachacademic plan will take, on average, .25hours (15 minutes) <strong>of</strong> staff time,increasing burden by 55,280 hours.We estimate that 2,561,220individuals at private non-pr<strong>of</strong>itinstitutions will require thedevelopment <strong>of</strong> an academic plan as aresult <strong>of</strong> not progressing academically(private non-pr<strong>of</strong>it institutions, whichcomprise 30 percent <strong>of</strong> the total number<strong>of</strong> institutions <strong>of</strong> higher education,multiplied by 8,537,400 individuals).Given this number <strong>of</strong> individuals(2,561,220) multiplied by 7 percent(which is our estimate for those whowill not academically progress), weexpect 179,285 individuals will need towork with their institutions to developan academic plan. We estimate that eachacademic plan will take, on average, .25hours (15 minutes) <strong>of</strong> staff time,increasing burden by 44,821 hours.We estimate that 2,817,342individuals at public institutions willrequire the development <strong>of</strong> an academicplan as a result <strong>of</strong> not progressingacademically (public institutions, whichcomprise 33 percent <strong>of</strong> the total number<strong>of</strong> institutions <strong>of</strong> higher education,multiplied by 8,537,400 individuals).Given this number <strong>of</strong> individuals(2,817,342) multiplied by 7 percent (ourestimate for those who will notacademically progress), we expect197,214 individuals will need to workwith their institutions to develop anacademic plan. We estimate that eachacademic plan will take, on average, .25hours (15 minutes) <strong>of</strong> staff time,increasing burden by 49,304 hours.Collectively, we estimate that theburden for institutions will increase by149,405 hours, in OMB Control Number1845–NEW2.In total, the final regulatory changesreflected in § 668.34 will increaseburden by a total <strong>of</strong> 955,856 hours inOMB Control Number 1845–NEW2;however, when the 21,000 hours <strong>of</strong>burden currently in OMB 1845–0022 areadministratively transferred from OMB1845–0022 to OMB 1845–NEW2, thegrand total <strong>of</strong> burden hours under thissection will increase to 976,856 in OMB1845–NEW2.Section 668.43—InstitutionalInformationThe <strong>Department</strong> has amended current§ 668.5(a) by revising and redesignatingparagraph (a) as paragraph (a)(1) andadding a new paragraph (a)(2). Section668.5(a)(1) is based on the language thatis in current § 668.5(a), but has beenmodified to make it consistent with thedefinition <strong>of</strong> an ‘‘educational program’’in 34 CFR 600.2.Section 668.5(a)(2) specifies that if awritten arrangement is between two ormore eligible institutions that are ownedor controlled by the same individual,partnership, or corporation, theinstitution that grants the degree orcertificate must provide more than 50percent <strong>of</strong> the educational program.These clarifications are also intended toensure that the institution enrolling thestudent has all necessary approvals toVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2<strong>of</strong>fer an educational program in theformat in which it is being provided,such as through distance educationwhen the other institution is providinginstruction under a written agreementusing that method <strong>of</strong> delivery.Section 668.5(c)(1) includes anexpanded list <strong>of</strong> conditions that willpreclude an arrangement between aneligible institution and an ineligibleinstitution.Sections 668.5(e) and 668.43 willrequire an institution that enters into awritten arrangement to provide adescription <strong>of</strong> the arrangement toenrolled and prospective students.We estimate that 104 proprietaryinstitutions will enter into an average <strong>of</strong>1 written arrangement per institutionand that, on average, the burdenassociated with the informationcollections about written agreementsand its disclosure required under§ 668.5(e) and 668.43 will take .5 hours(30 minutes) per arrangement,increasing burden by 52 hours.We estimate that 1,731 private nonpr<strong>of</strong>itinstitutions will enter into anaverage <strong>of</strong> 50 written arrangements perinstitution and that, on average, theburden associated with the finalcollection <strong>of</strong> information about writtenagreements and its disclosure will take.5 hours (30 minutes) per arrangement,increasing burden by 43,275 hours.We estimate that 1,892 publicinstitutions will enter into an average <strong>of</strong>25 written arrangements per institutionand that, on average, the burdenassociated with the final collection <strong>of</strong>information about written agreementsand its disclosure will take .5 hours (30minutes) per arrangement, increasingburden by 23,650 hours.Collectively, we estimate that burdenwill increase for institutions in theirreporting <strong>of</strong> the details <strong>of</strong> writtenagreements by 66,977 hours in OMBControl Number 1845–0022.Currently, the <strong>Department</strong> requiresthat an institution must make availablefor review to any enrolled orprospective student upon request, acopy <strong>of</strong> the documents describing theinstitution’s accreditation and its State,Federal, or tribal approval or licensing.The <strong>Department</strong> requires in § 668.43(b)that the institution must also provide itsstudents or prospective students withcontact information for filingcomplaints with its accreditor and Stateapproval or licensing entity.We estimate that 1,919 (or 92 percent<strong>of</strong> all 2,086 proprietary institutions) willhave to begin providing contactinformation for filing complaints withaccreditors, approval or licensingagencies. We estimate that the other 8percent <strong>of</strong> proprietary institutions are

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