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

66954 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and RegulationsWReier-Aviles on DSKGBLS3C1PROD with RULES2(3) For a graduate program, a perioddefined by the institution that is basedon the length of the educationalprogram.(c) Institutions that evaluatesatisfactory academic progress at theend of each payment period. (1) Aninstitution that evaluates satisfactoryacademic progress at the end of eachpayment period and determines that astudent is not making progress under itspolicy may nevertheless disburse titleIV, HEA program funds to the studentunder the provisions of paragraph (c)(2),(c)(3), or (c)(4) of this section.(2) For the payment period followingthe payment period in which thestudent did not make satisfactoryacademic progress, the institutionmay—(i) Place the student on financial aidwarning, and disburse title IV, HEAprogram funds to the student; or(ii) Place a student directly onfinancial aid probation, following theprocedures outlined in paragraph (d)(2)of this section and disburse title IV,HEA program funds to the student.(3) For the payment period followinga payment period during which astudent was on financial aid warning,the institution may place the student onfinancial aid probation, and disbursetitle IV, HEA program funds to thestudent if—(i) The institution evaluates thestudent’s progress and determines thatstudent did not make satisfactoryacademic progress during the paymentperiod the student was on financial aidwarning;(ii) The student appeals thedetermination; and(iii)(A) The institution determinesthat the student should be able to meetthe institution’s satisfactory academicprogress standards by the end of thesubsequent payment period; or(B) The institution develops anacademic plan for the student that, iffollowed, will ensure that the student isable to meet the institution’s satisfactoryacademic progress standards by aspecific point in time.(4) A student on financial aidprobation for a payment period may notreceive title IV, HEA program funds forthe subsequent payment period unlessthe student makes satisfactory academicprogress or the institution determinesthat the student met the requirementsspecified by the institution in theacademic plan for the student.(d) Institutions that evaluatesatisfactory academic progress annuallyor less frequently than at the end ofeach payment period. (1) An institutionthat evaluates satisfactory academicprogress annually or less frequentlythan at the end of each payment periodand determines that a student is notmaking progress under its policy maynevertheless disburse title IV, HEAprogram funds to the student under theprovisions of paragraph (d)(2) or (d)(3)of this section.(2) The institution may place thestudent on financial aid probation andmay disburse title IV, HEA programfunds to the student for the subsequentpayment period if—(i) The institution evaluates thestudent and determines that the studentis not making satisfactory academicprogress;(ii) The student appeals thedetermination; and(iii)(A) The institution determinesthat the student should be able to bemake satisfactory academic progressduring the subsequent payment periodand meet the institution’s satisfactoryacademic progress standards at the endof that payment period; or(B) The institution develops anacademic plan for the student that, iffollowed, will ensure that the student isable to meet the institution’s satisfactoryacademic progress standards by aspecific point in time.(3) A student on financial aidprobation for a payment period may notreceive title IV, HEA program funds forthe subsequent payment period unlessthe student makes satisfactory academicprogress or the institution determinesthat the student met the requirementsspecified by the institution in theacademic plan for the student.(Authority: 20 U.S.C. 1091(d))■ 22. Section 668.43 is amended by:■ A. In paragraph (a)(10)(ii), removingthe word ‘‘and’’ that appears after thepunctuation ‘‘;’’.■ B. In paragraph (a)(11)(ii), removingthe punctuation ‘‘.’’ and adding, in itsplace, the punctuation and word ‘‘; and’’.■ C. Adding paragraph (a)(12).■ D. Revising paragraph (b).The addition and revision read asfollows:§ 668.43 Institutional information.(a) * * *(12) A description of writtenarrangements the institution has enteredinto in accordance with § 668.5,including, but not limited to,information on—(i) The portion of the educationalprogram that the institution that grantsthe degree or certificate is not providing;(ii) The name and location of theother institutions or organizations thatare providing the portion of theeducational program that the institutionthat grants the degree or certificate isnot providing;VerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00124 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2(iii) The method of delivery of theportion of the educational program thatthe institution that grants the degree orcertificate is not providing; and(iv) Estimated additional costsstudents may incur as the result ofenrolling in an educational program thatis provided, in part, under the writtenarrangement.(b) The institution must makeavailable for 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 institution must also provide itsstudents or prospective students withcontact information for filingcomplaints with its accreditor and withits State approval or licensing entity andany other relevant State official oragency that would appropriately handlea student’s complaint.* * * * *■ 23. Subpart E of part 668 is revised toread as follows:Subpart E—Verification and Updating ofStudent Aid Application InformationSec.668.51 General.668.52 Definitions.668.53 Policies and procedures.668.54 Selection of an applicant’s FAFSAinformation for verification.668.55 Updating information.668.56 Information to be verified.668.57 Acceptable documentation.668.58 Interim disbursements.668.59 Consequences of a change in anapplicant’s FAFSA information.668.60 Deadlines for submittingdocumentation and the consequences offailing to provide documentation.668.61 Recovery of funds from interimdisbursements.Subpart E—Verification and Updatingof Student Aid Application Information§ 668.51 General.(a) Scope and purpose. Theregulations in this subpart govern theverification by institutions ofinformation submitted by applicants forstudent financial assistance under thesubsidized student financial assistanceprograms.(b) Applicant responsibility. If theSecretary or the institution requestsdocuments or information from anapplicant under this subpart, theapplicant must provide the specifieddocuments or information.(c) Foreign schools. The Secretaryexempts from the provisions of thissubpart participating institutions thatare not located in a State.(Authority: 20 U.S.C. 1094)