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

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66953WReier-Aviles on DSKGBLS3C1PROD with RULES2(e) * * *(5) Has been determined by theinstitution to have the ability to benefitfrom the education or training offeredby the institution based on thesatisfactory completion of 6 semesterhours, 6 trimester hours, 6 quarterhours, or 225 clock hours that areapplicable toward a degree or certificateoffered by the institution.(f) Maintains satisfactory academicprogress in his or her course of studyaccording to the institution’s publishedstandards of satisfactory academicprogress that meet the requirements of§ 668.34.* * * * *■ 21. Section 668.34 is revised to readas follows:§ 668.34 Satisfactory academic progress.(a) Satisfactory academic progresspolicy. An institution must establish areasonable satisfactory academicprogress policy for determining whetheran otherwise eligible student is makingsatisfactory academic progress in his orher educational program and mayreceive assistance under the title IV,HEA programs. The Secretary considersthe institution’s policy to be reasonableif—(1) The policy is at least as strict asthe policy the institution applies to astudent who is not receiving assistanceunder the title IV, HEA programs;(2) The policy provides for consistentapplication of standards to all studentswithin categories of students, e.g., fulltime,part-time, undergraduate, andgraduate students, and educationalprograms established by the institution;(3) The policy provides that astudent’s academic progress isevaluated—(i) At the end of each payment periodif the educational program is either oneacademic year in length or shorter thanan academic year; or(ii) For all other educationalprograms, at the end of each paymentperiod or at least annually to correspondwith the end of a payment period;(4)(i) The policy specifies the gradepoint average (GPA) that a student mustachieve at each evaluation, or if a GPAis not an appropriate qualitativemeasure, a comparable assessmentmeasured against a norm; and(ii) If a student is enrolled in aneducational program of more than twoacademic years, the policy specifies thatat the end of the second academic year,the student must have a GPA of at leasta ‘‘C’’ or its equivalent, or have academicstanding consistent with theinstitution’s requirements forgraduation;(5)(i) The policy specifies the pace atwhich a student must progress throughhis or her educational program to ensurethat the student will complete theprogram within the maximumtimeframe, as defined in paragraph (b)of this section, and provides formeasurement of the student’s progressat each evaluation; and(ii) An institution calculates the paceat which the student is progressing bydividing the cumulative number ofhours the student has successfullycompleted by the cumulative number ofhours the student has attempted. Inmaking this calculation, the institutionis not required to include remedialcourses;(6) The policy describes how astudent’s GPA and pace of completionare affected by course incompletes,withdrawals, or repetitions, or transfersof credit from other institutions. Credithours from another institution that areaccepted toward the student’seducational program must count as bothattempted and completed hours;(7) Except as provided in paragraphs(c) and (d) of this section, the policyprovides that, at the time of eachevaluation, a student who has notachieved the required GPA, or who isnot successfully completing his or hereducational program at the requiredpace, is no longer eligible to receiveassistance under the title IV, HEAprograms;(8) If the institution places studentson financial aid warning, or on financialaid probation, as defined in paragraph(b) of this section, the policy describesthese statuses and that—(i) A student on financial aid warningmay continue to receive assistanceunder the title IV, HEA programs for onepayment period despite a determinationthat the student is not makingsatisfactory academic progress.Financial aid warning status may beassigned without an appeal or otheraction by the student; and(ii) A student on financial aidprobation may receive title IV, HEAprogram funds for one payment period.While a student is on financial aidprobation, the institution may requirethe student to fulfill specific terms andconditions such as taking a reducedcourse load or enrolling in specificcourses. At the end of one paymentperiod on financial aid probation, thestudent must meet the institution’ssatisfactory academic progress standardsor meet the requirements of theacademic plan developed by theinstitution and the student to qualify forfurther title IV, HEA program funds;(9) If the institution permits a studentto appeal a determination by theVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00123 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2institution that he or she is not makingsatisfactory academic progress, thepolicy describes—(i) How the student may reestablishhis or her eligibility to receiveassistance under the title IV, HEAprograms;(ii) The basis on which a student mayfile an appeal: The death of a relative,an injury or illness of the student, orother special circumstances; and(iii) Information the student mustsubmit regarding why the student failedto make satisfactory academic progress,and what has changed in the student’ssituation that will allow the student todemonstrate satisfactory academicprogress at the next evaluation;(10) If the institution does not permita student to appeal a determination bythe institution that he or she is notmaking satisfactory academic progress,the policy must describe how thestudent may reestablish his or hereligibility to receive assistance underthe title IV, HEA programs; and(11) The policy provides fornotification to students of the results ofan evaluation that impacts the student’seligibility for title IV, HEA programfunds.(b) Definitions. The followingdefinitions apply to the terms used inthis section:Appeal. Appeal means a process bywhich a student who is not meeting theinstitution’s satisfactory academicprogress standards petitions theinstitution for reconsideration of thestudent’s eligibility for title IV, HEAprogram assistance.Financial aid probation. Financial aidprobation means a status assigned by aninstitution to a student who fails tomake satisfactory academic progress andwho has appealed and has hadeligibility for aid reinstated.Financial aid warning. Financial aidwarning means a status assigned to astudent who fails to make satisfactoryacademic progress at an institution thatevaluates academic progress at the endof each payment period.Maximum timeframe. Maximumtimeframe means—(1) For an undergraduate programmeasured in credit hours, a period thatis no longer than 150 percent of thepublished length of the educationalprogram, as measured in credit hours;(2) For an undergraduate programmeasured in clock hours, a period thatis no longer than 150 percent of thepublished length of the educationalprogram, as measured by the cumulativenumber of clock hours the student isrequired to complete and expressed incalendar time; and