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

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66951WReier-Aviles on DSKGBLS3C1PROD with RULES2enrollment, are awarded financial aid,or are enrolled for any period of time,including through completion of aneducational program.(C) Entity or person engaged in anystudent recruitment or admissionactivity or in making decisions aboutthe award of financial aid means—(1) With respect to an entity engagedin any student recruitment or admissionactivity or in making decisions aboutthe award of financial aid, anyinstitution or organization thatundertakes the recruiting or theadmitting of students or that makesdecisions about and awards title IV,HEA program funds; and(2) With respect to a person engagedin any student recruitment or admissionactivity or in making decisions aboutthe award of financial aid, anyemployee who undertakes recruiting oradmitting of students or who makesdecisions about and awards title IV,HEA program funds, and any higherlevel employee with responsibility forrecruitment or admission of students, ormaking decisions about awarding titleIV, HEA program funds.(D) Enrollment means the admissionor matriculation of a student into aneligible institution.* * * * *■ 17. Section 668.16 is amended by:■ A. Revising paragraph (e).■ B. In paragraph (n) introductory text,removing the word ‘‘and’’ that appearsafter the punctuation‘‘;’’.■ C. In paragraph (o)(2), removing thepunctuation ‘‘.’’ and adding, in its place,the punctuation and word ‘‘; and’’.■ D. Adding paragraph (p).■ E. Revising the OMB control numberat the end of the section.The revisions and addition read asfollows:§ 668.16 Standards of administrativecapability.* * * * *(e) For purposes of determiningstudent eligibility for assistance under atitle IV, HEA program, establishes,publishes, and applies reasonablestandards for measuring whether anotherwise eligible student ismaintaining satisfactory academicprogress in his or her educationalprogram. The Secretary considers aninstitution’s standards to be reasonableif the standards are in accordance withthe provisions specified in § 668.34.* * * * *(p) Develops and follows proceduresto evaluate the validity of a student’shigh school completion if the institutionor the Secretary has reason to believethat the high school diploma is not validor was not obtained from an entity thatprovides secondary school education.(Approved by the Office of Managementand Budget under control number 1845–0022)* * * * *■ 18. Section 668.22 is amended by:■ A. Redesignating paragraphs (a)(2)through (a)(5) as paragraphs (a)(3)through (a)(6), respectively.■ B. Adding new paragraph (a)(2).■ C. In newly redesignated paragraph(a)(5), removing the citation ‘‘(a)(5)’’ andadding, in its place, the citation ‘‘(a)(6)’’.■ D. In newly redesignated paragraph(a)(6)(ii)(A)(2), removing the citation‘‘(a)(5)(iii)’’ and adding, in its place, thecitation ‘‘(a)(6)(iii)’’.■ E. In newly redesignated paragraph(a)(6)(ii)(B)(2), removing the citation‘‘(a)(5)(iii)’’ and adding, in its place, thecitation ‘‘(a)(6)(iii)’’.■ F. In newly redesignated paragraph(a)(6)(ii)(B)(3), removing the citation‘‘(a)(5)(iii)’’ and adding, in its place, thecitation ‘‘(a)(6)(iii)’’.■ G. In newly redesignated paragraph(a)(6)(iii)(A)(1), removing the citation‘‘(a)(5)(ii)(A)(2)’’ and adding, in its place,the citation ‘‘(a)(6)(ii)(A)(2)’’.■ H. In newly redesignated paragraph(a)(6)(iii)(A)(5), removing the citation‘‘(a)(5)(iii)(C)’’ and adding, in its place,the citation ‘‘(a)(6)(iii)(C)’’.■ I. In newly redesignated paragraph(a)(6)(iii)(B), removing the citation‘‘(a)(5)(iii)(A)’’ and adding, in its place,the citation ‘‘(a)(6)(iii)(A)’’.■ J. In newly redesignated paragraph(a)(6)(iv), removing the citation‘‘(a)(5)(iii)’’ and adding, in its place, thecitation ‘‘(a)(6)(iii)’’.■ K. Revising paragraph (b)(3).■ L. Removing paragraph (c)(3)(ii) andredesignating paragraph (c)(3)(i) asparagraph (c)(3).■ M. Revising paragraph (f)(2).■ N. In the introductory text ofparagraph (j)(2), removing the first word‘‘An’’ and adding, in its place, the words‘‘For an institution that is not requiredto take attendance, an’’.■ O. In paragraph (l)(3), adding thewords ‘‘for an institution that is notrequired to take attendance’’ after thewords ‘‘date of the institution’sdetermination that the studentwithdrew’’.■ P. Adding paragraphs (l)(6), (l)(7), and(l)(8).The additions and revisions read asfollows:§ 668.22 Treatment of title IV funds whena student withdraws.* * * * *(a) * * *(2)(i) Except as provided inparagraphs (a)(2)(ii) and (a)(2)(iii) of thisVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00121 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2section, a student is considered to havewithdrawn from a payment period orperiod of enrollment if—(A) In the case of a program that ismeasured in credit hours, the studentdoes not complete all the days in thepayment period or period of enrollmentthat the student was scheduled tocomplete;(B) In the case of a program that ismeasured in clock hours, the studentdoes not complete all of the clock hoursand weeks of instructional time in thepayment period or period of enrollmentthat the student was scheduled tocomplete; or(C) For a student in a nonterm ornonstandard-term program, the studentis not scheduled to begin another coursewithin a payment period or period ofenrollment for more than 45 calendardays after the end of the module thestudent ceased attending, unless thestudent is on an approved leave ofabsence, as defined in paragraph (d) ofthis section.(ii)(A) Notwithstanding paragraph(a)(2)(i)(A) and (a)(2)(i)(B) of thissection, for a payment period or periodof enrollment in which courses in theprogram are offered in modules—(1) A student is not considered tohave withdrawn if the institutionobtains written confirmation from thestudent at the time that would havebeen a withdrawal of the date that he orshe will attend a module that beginslater in the same payment period orperiod of enrollment; and(2) For nonterm and nonstandardtermprograms, that module begins nolater than 45 calendar days after the endof the module the student ceasedattending.(B) If an institution has obtained thewritten confirmation of futureattendance in accordance withparagraph (a)(2)(ii)(A) of this section—(1) A student may change the date ofreturn to a module that begins later inthe same payment period or period ofenrollment, provided that the studentdoes so in writing prior to the returndate that he or she had previouslyconfirmed; and(2) For nonterm and nonstandardtermprograms, the later module that heor she will attend begins no later than45 calendar days after the end ofmodule the student ceased attending.(C) If an institution obtains writtenconfirmation of future attendance inaccordance with paragraph (a)(2)(ii)(A)and, if applicable, (a)(2)(ii)(B) of thissection, but the student does not returnas scheduled—(1) The student is considered to havewithdrawn from the payment period orperiod of enrollment; and