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

WReier-Aviles on DSKGBLS3C1PROD with RULES266856 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulationscomplete the clock hours that are thebasis for the credit hours awarded in aprogram even when an institutionconverts a program to credit hoursunder the provisions of § 668.8(k) and(l). These programs are still required tocontain the clock hours that support theconversion under the regulations, andinstitutions are expected to make surethat those clock hours are completed bythe students, subject to the institution’sexisting policies for excused absencesand make-up classes.We do not agree with the commenterswho believe that § 668.8(k)(2)(iii) doesnot provide for excused absences orwould require 100 percent attendance,because the regulations for clock hourprograms already account for excusedabsences. Section 668.8(k)(2)(iii)specifically accounts for excusedabsences in accordance with the currentregulations in § 668.4(e) which providesguidance on when an institution, indetermining whether a student hassuccessfully completed the clock hoursin a payment period, may include clockhours for which the student has anexcused absence. An institution shouldensure that students taking a program incredit hours are still completing theclock hours associated with theconversion, and excused absences fromthe classes should be within thetolerance permitted in the clock hourregulations. With regard to a leave ofabsence, an institution is expected toensure that a student returning from anapproved leave of absence stillcompletes the clock hours that areneeded to support the conversion for theprogram.We do not agree with the commenterwho believed that § 668.8(k)(2)(iii) isimpractical because most institutionsuse a 50-minute instructional hourinstead of a 60-minute clock hour. Aclock hour is currently defined in§ 600.2 as (1) a 50- to 60-minute class,lecture, or recitation in a 60-minuteperiod; (2) a 50- to 60-minute facultysupervisedlaboratory, shop training, orinternship in a 60-minute period; or (3)sixty minutes of preparation in acorrespondence course. We also do notagree with this commenter’s belief thatthe provision is unclear on whether therelevant clock hours would beconsidered to be provided if noinstructor appeared for the clock hour.If a student is unable to complete aclock hour because the instructor is notpresent, there is no clock hour to becounted towards meeting the requiredclock hours unless it may be counted asan approved absence.Changes: None.Comment: One commenter believedthat the Department should clearly statein the final regulations that§ 668.8(k)(2)(iii) is not intended to be atest of the reasonable equivalencies thatinstitutions can develop with regard todetermining credit hours as that term isdefined in § 600.2.Discussion: We do not believe it isnecessary to amend § 668.8(k)(2)(iii) tostate that the provision is not intendedto be a test of the reasonableequivalencies that institutions candevelop with regard to determiningcredit hours as defined in § 600.2. Thecredit-hour definition in § 600.2specifically excludes its applicability toa program subject to the conversionformula in § 668.8(l).Changes: None.Comment: Many commenters believedthat proposed § 668.8(l) would decreasestudents’ eligibility for title IV, HEAprogram funds. These commentersbelieved that students enrolled in shorttermand nondegree programs measuredin credit hours would unjustlyexperience a decrease in their eligibilityfor title IV, HEA program funds becausethe proposed clock-to-credit-hourconversion would require institutions touse 900 clock hours instead of thecurrent 720 clock hours to support thesame amount of credit hours.These commenters believed thatstudents’ decreased eligibility wouldforce them to withdraw from short-termand nondegree programs or rely onloans which would increase their debt.One of these commenters expressedconcern that the decreased eligibility fortitle IV, HEA program funds woulddisproportionately impactnontraditional and financiallydisadvantaged students.Discussion: We do not agree with thecommenters who believed that studentscurrently enrolled in short-term ornondegree programs would unjustlyexperience a decrease in their eligibilityfor title IV, HEA program funds nor dowe believe that the conversion formulainappropriately impacts students’ titleIV, HEA program eligibility. We do notbelieve that the clock-to-credit-hourconversion rate in current § 668.8(l)provides equitable outcomes forstudents taking similar programsmeasured in clock-hours and credithours. The current regulations result instudents in some credit hour programshaving greater eligibility based on aconversion from clock hours to credithours that assumed student workoutside of class is always present in thesame ratio to the time the studentsspend in class. The changes to theconversion formula in § 668.8(l) of thesefinal regulations provide for a moreequitable accounting for student workoutside of class. New § 668.8(l)(2) wouldVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2provide for conversion based on thevarying rates of work outside class forparticular educational activities withina student’s courses or program ratherthan mandating the use of a constantratio that may be incorrect. Aninstitution applying the appropriateconversion rate to a program inaccordance with § 668.8(l)(1) would beconsidered compliant with § 668.8(l).Changes: None.Comment: Many commenters believedthat the proposed clock-to-credit-hourconversion formula would forceinstitutions to increase the lengths oftheir programs or offer associate’sdegrees in order to retain their eligibilityfor title IV, HEA program funds. Severalof these commenters believed thatincreasing program lengths would causefinancial hardships for students bydelaying students’ entry into workforceand increasing tuition. A fewcommenters believed that manyprograms would be potentiallyeliminated because of the institutionalburden of unnecessarily extendingprogram lengths.Discussion: We do not agree withthese commenters. Under the currentregulations in § 668.8(d), public andprivate nonprofit institutions andproprietary institutions offeringundergraduate programs may haveeligible programs with a minimum of600 clock hours, 16 semester ortrimester hours, or 24 quarter hours. Tothe extent that any short-term programswould not have been eligible for title IV,HEA program funds in the past due tothe inequitable clock-to-credit-hourconversion rate, we believe thatstudents enrolled in these programsshould not have been eligible for titleIV, HEA program funds. Short-termprograms offered in credit hours thatcontained outside work that met orexceeded the assumed outside work thatwas implicit in the conversion shouldbe in compliance with the newrequirements and unaffected by thechange.Changes: None.Comment: A few commentersquestioned how proposed § 668.8(l)would affect institutional creditpolicies. One commenter believed thatprograms that were designed to becompliant with the clock-to-credit-hourconversion ratio for a semester hour incurrent § 668.8(l) cannot be easily orquickly changed because using the ratioalters the delivery, design, andcurricular structure of the programs.One commenter requestedclarification of how the conversionshould be applied when one programhas courses that require outside workand other courses that do not.