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

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66967WReier-Aviles on DSKGBLS3C1PROD with RULES2determining student eligibility for titleIV, HEA program funds under thissubpart—(i) On the date the Secretary approvesthe process; or(ii) Six months after the date onwhich the State submits the process tothe Secretary for approval, if theSecretary neither approves nordisapproves the process during that sixmonth period.(f) The Secretary approves a Stateprocess for a period not to exceed fiveyears.(g)(1) The Secretary withdrawsapproval of a State process if theSecretary determines that the Stateprocess violated any terms of thissection or that the information that theState submitted as a basis for approvalof the State process was inaccurate.(2) The Secretary provides a Statewith the opportunity to contest afinding that the State process violatedany terms of this section or that theinformation that the State submitted asa basis for approval of the State processwas inaccurate.(h) The State must calculate thesuccess rates as referenced in paragraph(b) of this section by—(1) Determining the number ofstudents with high school diplomaswho, during the applicable award yeardescribed in paragraph (i) of thissection, enrolled in participatinginstitutions and—(i) Successfully completed educationor training programs;(ii) Remained enrolled in education ortraining programs at the end of thataward year; or(iii) Successfully transferred to andremained enrolled in another institutionat the end of that award year;(2) Determining the number ofstudents with high school diplomaswho enrolled in education or trainingprograms in participating institutionsduring that award year;(3) Determining the number ofstudents calculated in paragraph (h)(2)of this section who remained enrolledafter subtracting the number of studentswho subsequently withdrew or wereexpelled from participating institutionsand received a 100 percent refund oftheir tuition under the institutions’refund policies;(4) Dividing the number of studentsdetermined in paragraph (h)(1) of thissection by the number of studentsdetermined in paragraph (h)(3) of thissection;(5) Making the calculations describedin paragraphs (h)(1) through (h)(4) ofthis section for students without a highschool diploma or its recognizedequivalent who enrolled in participatinginstitutions.(i) For purposes of paragraph (h) ofthis section, the applicable award yearis the latest complete award year forwhich information is available thatimmediately precedes the date on whichthe State requests the Secretary toapprove its State process, except thatthe award year selected must be one ofthe latest two completed award yearspreceding that application date.(Approved by the Office of Managementand Budget under control number 1845–0049)(Authority: 20 U.S.C. 1091(d))■ 26. Section 668.164 is amended by:■ A. In paragraph (g)(2)(i), removing thewords ‘‘Except in the case of a parentPLUS loan, the’’, and adding, in theirplace, the word ‘‘The’’.■ B. In paragraph (g)(4)(iv), removingthe words ‘‘a Federal Pell Grant, anACG, or a National SMART Grant’’, andadding, in their place, the words ‘‘anytitle IV, HEA program assistance’’.■ C. Adding paragraph (i).The addition reads as follows:§ 668.164 Disbursing funds.* * * * *(i) Provisions for books and supplies.(1) An institution must provide a wayfor a Federal Pell Grant eligible studentto obtain or purchase, by the seventhday of a payment period, the books andsupplies required for the paymentperiod if, 10 days before the beginningof the payment period—(i) The institution could disburse thetitle IV, HEA program funds for whichthe student is eligible; and(ii) Presuming the funds weredisbursed, the student would have acredit balance under paragraph (e) ofthis section.(2) The amount the institutionprovides to the Federal Pell Granteligible student to obtain or purchasebooks and supplies is the lesser of thepresumed credit balance under thisparagraph or the amount needed by thestudent, as determined by theinstitution.(3) The institution must have a policyunder which a Federal Pell Granteligible student may opt out of the waythe institution provides for the studentto obtain or purchase books andsupplies under this paragraph.(4) If a Federal Pell Grant eligiblestudent uses the way provided by theinstitution to obtain or purchase booksand supplies under this paragraph, thestudent is considered to have authorizedthe use of title IV, HEA funds and theinstitution does not need to obtain awritten authorization under paragraph(d)(1)(iv) of this section and § 668.165(b)for this purpose.* * * * *PART 682—FEDERAL FAMILYEDUCATION LOAN (FFEL) PROGRAM■ 27. The authority citation for part 682is revised to read as follows:Authority: 20 U.S.C. 1071 to 1087–2,unless otherwise noted.§ 682.200 [Amended]VerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00137 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2■ 28. Section 682.200(a)(2) is amendedby adding, in alphabetical order, theterm ‘‘Credit hour’’.PART 685—WILLIAM D. FORDFEDERAL DIRECT LOAN PROGRAM■ 29. The authority citation for part 685continues to read as follows:Authority: 20 U.S.C. 1070g, 1087a, et seq.,unless otherwise noted.■ 30. Section 685.102 is amended by:■ A. In paragraph (a)(2), adding, inalphabetical order, the term ‘‘Credithour’’.■ B. In paragraph (b), adding, inalphabetical order, the definition ofPayment data to read as follows:§ 685.102 Definitions.* * * * *(b) * * *Payment data: An electronic recordthat is provided to the Secretary by aninstitution showing studentdisbursement information.* * * * *■ 31. Section 685.301 is amended byrevising paragraph (e)(1) to read asfollows:§ 685.301 Origination of a loan by a DirectLoan Program school.* * * * *(e) * * *(1) The Secretary accepts a student’sPayment Data that is submitted inaccordance with procedures establishedthrough publication in the FederalRegister, and that contains informationthe Secretary considers to be accurate inlight of other available informationincluding that previously provided bythe student and the institution.* * * * *PART 686—TEACHER EDUCATIONASSISTANCE FOR COLLEGE ANDHIGHER EDUCATION (TEACH) GRANTPROGRAM■ 32. The authority citation for part 686continues to read as follows:Authority: 20 U.S.C. 1070g, et seq., unlessotherwise noted.