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

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

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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.

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66857WReier-Aviles on DSKGBLS3C1PROD with RULES2Discussion: We do not believe that itis necessary for programs to changetheir structure or credit assignments foracademic purposes if they are subject tothe conversion formula in new§ 668.8(l); however, institutions areresponsible for ensuring that the credithours awarded for title IV, HEA programpurposes comply with the provisions in§ 668.8(l). In some instances, there maybe no discernable difference betweeninstitutions’ determinations of credithours for academic purposes and titleIV, HEA program purposes dependingon the outcome of determinations ofwork outside of class and instructionalperiods within a program. Someinstitutions may currently award fewercredits then the existing regulationsallow or would be allowed under thefinal regulations.The provisions in § 668.8(l)(2) providean exception to the minimum standardfor converting clock hours to credithours in § 668.8(l)(1) for coursework ina program that qualifies for a lesser rateof conversion based on additionalstudent work outside of class. In a casewhere a program offers courses withwork outside of class, an institutionmust use the standards in § 668.8(l)(1)for the courses without the work outsideof class and may apply the exception in§ 668.8(l)(2) to courses with workoutside of class.Changes: None.Comment: One commenter supportedproposed § 668.8(l)(2) because itprovides institutions the ability toaccount for work outside of class. Onecommenter supported the provision, butrecommended that the Departmentspecify when an institution is eligible touse work outside of class as part of thetotal clock-hour calculation.A few commenters asked forclarification regarding proposed§ 668.8(l)(2) and the work outside ofclass that may be combined with clockhours of instruction in order to meet orexceed the numeric requirementsestablished in § 668.8(l)(1). Thesecommenters requested clarification onhow institutions should measurestudent’s completion of work outside ofclass, whether work outside of classshould be identified in course syllabi,whether work outside of class should begraded, and what entity shoulddetermine that a program is suited toinclude work outside of class.Discussion: Under § 668.8(l)(2), aninstitution may use a determination ofappropriate amounts of work outside ofclass for various educational activitiesin a course or program in determiningthe appropriate conversion rate fromclock hours to credit hours for eacheducational activity in the course orprogram. However, we do not believethat it is appropriate for the Departmentto provide more specificity fordetermining the appropriate conversionrates for various educational activitiesin a course or program. An institution,in accordance with the requirements ofits designated accrediting agency, orState agency for the approval of publicpostsecondary vocational institutions,recognized under 34 CFR 603, isresponsible for making determinationsof the appropriate credit hours underproposed § 668.8(l)(2). If an institutionis unsure of how to apply the provisionsof § 668.8(l)(2) to a program, it would beconsidered compliant if it uses theappropriate conversion ratio specifiedin § 668.8(l)(1).Changes: None.Comment: One commenter suggestedeliminating the provision in proposed§ 668.8(k)(2)(ii) that requires institutionsto measure student progress in clockhours in any program if the credit hoursawarded for the program are not incompliance with the definition of credithour in § 600.2. The commenterbelieved the Secretary’s proposedcredit-hour definition in § 600.2 allowedthe Secretary to interfere in academicmatters.Discussion: The definition of credithour in § 600.2 is intended to establisha quantifiable, minimum basis for acredit hour for Federal programpurposes, including the title IV, HEAprograms. We believe that it is necessaryto establish the standards by which aprogram that awards credit hours thatare not in compliance with thedefinition of credit hour in § 600.2 maystill be eligible for title IV, HEA programfunds. Thus, § 668.8(k)(2)(ii) providesthat a program that does not awardcredit hours in compliance with § 600.2may still be eligible for title IV, HEAprograms using the underlying clockhoursof the program.Changes: None.Comment: A few commentersrequested clarification on how toaddress students that are alreadyenrolled in programs that may changethe measurement of student progress tocomply with proposed § 668.8(k) and (l).A few of these commenters alsorequested additional time to complywith the proposed regulations in thesesections. One commenter requested thatcurrent students should be permitted tocomplete their programs using thecurrent conversion ratio. Onecommenter asked that the Secretaryallow institutions that offered credithourprograms in the 2010–11 academicyear, but will need to measure studentprogress in clock hours under proposed§ 668.8(k)(2)(i)(B), to continueVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2measuring student progress in theseprograms using credit hours.One commenter asked whetherinstitutions are required to executerevised Enrollment Agreements withcurrently enrolled students when thenew regulations take effect.One commenter suggested that theconversation rate in § 668.8(l) shouldnot be applied to existing programs forat least one year from July 1, 2011 toallow for accrediting agencies to createprocedures for assessing institutions’assignment of credit hours. Thiscommenter added that only newprograms should be required to use theproposed conversion rate.One commenter requested that theproposed provisions in § 668.8(l)(2)(i)not take effect for two award years inorder for institutions that use clockhours to have time to redesign theirprograms.Discussion: We agree with thecommenters’ concerns regarding theapplicability of the changes to § 668.8(k)and (l) to students enrolled prior to theeffective date of these regulations inprograms affected by the changes in therequirements. We agree that for studentsenrolled in programs subject to theprovisions in § 668.8(k) and (l) as of theJuly 1, 2011 effective date of these finalregulations, an institution may chooseto apply the regulations in current§ 668.8(k) and (l) until these studentscomplete the program or to applyamended § 668.8(k) and (l) in these finalregulations for all students enrolled inpayment periods or assigned to the2011–12 and subsequent award years.For students who enroll or reenroll onor after July 1, 2011 in programs affectedby changes in § 668.8(k) and (l),institutions must determine title IV,HEA eligibility using § 668.8(k) and (l)in these final regulations.We do not agree that a delay in theeffective date is needed for institutionsto allow institutions more time to bringtheir existing programs into compliance.If an institution’s accrediting agency, orState agency, is not yet compliant withthe provisions of § 602.24(f) for anaccrediting agency, or § 603.24(c) for aState agency, the institution must usethe conversion formula in § 668.8(l)(1)of these final regulations until the Stateagency and accrediting agency arecompliant.Changes: None.

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66857WReier-Aviles on DSKGBLS3C1PROD with RULES2Discussion: We do not believe that itis necessary for programs to changetheir structure or credit assignments foracademic purposes if they are subject tothe conversion formula in new§ 668.8(l); however, institutions areresponsible for ensuring that the credithours awarded for title IV, HEA programpurposes comply with the provisions in§ 668.8(l). In some instances, there maybe no discernable difference betweeninstitutions’ determinations <strong>of</strong> credithours for academic purposes and titleIV, HEA program purposes dependingon the outcome <strong>of</strong> determinations <strong>of</strong>work outside <strong>of</strong> class and instructionalperiods within a program. Someinstitutions may currently award fewercredits then the existing regulationsallow or would be allowed under thefinal regulations.The provisions in § 668.8(l)(2) providean exception to the minimum standardfor converting clock hours to credithours in § 668.8(l)(1) for coursework ina program that qualifies for a lesser rate<strong>of</strong> conversion based on additionalstudent work outside <strong>of</strong> class. In a casewhere a program <strong>of</strong>fers courses withwork outside <strong>of</strong> class, an institutionmust use the standards in § 668.8(l)(1)for the courses without the work outside<strong>of</strong> class and may apply the exception in§ 668.8(l)(2) to courses with workoutside <strong>of</strong> class.Changes: None.Comment: One commenter supportedproposed § 668.8(l)(2) because itprovides institutions the ability toaccount for work outside <strong>of</strong> class. Onecommenter supported the provision, butrecommended that the <strong>Department</strong>specify when an institution is eligible touse work outside <strong>of</strong> class as part <strong>of</strong> thetotal clock-hour calculation.A few commenters asked forclarification regarding proposed§ 668.8(l)(2) and the work outside <strong>of</strong>class that may be combined with clockhours <strong>of</strong> instruction in order to meet orexceed the numeric requirementsestablished in § 668.8(l)(1). Thesecommenters requested clarification onhow institutions should measurestudent’s completion <strong>of</strong> work outside <strong>of</strong>class, whether work outside <strong>of</strong> classshould be identified in course syllabi,whether work outside <strong>of</strong> class should begraded, and what entity shoulddetermine that a program is suited toinclude work outside <strong>of</strong> class.Discussion: Under § 668.8(l)(2), aninstitution may use a determination <strong>of</strong>appropriate amounts <strong>of</strong> work outside <strong>of</strong>class for various educational activitiesin a course or program in determiningthe appropriate conversion rate fromclock hours to credit hours for eacheducational activity in the course orprogram. However, we do not believethat it is appropriate for the <strong>Department</strong>to provide more specificity fordetermining the appropriate conversionrates for various educational activitiesin a course or program. An institution,in accordance with the requirements <strong>of</strong>its designated accrediting agency, orState agency for the approval <strong>of</strong> publicpostsecondary vocational institutions,recognized under 34 CFR 603, isresponsible for making determinations<strong>of</strong> the appropriate credit hours underproposed § 668.8(l)(2). If an institutionis unsure <strong>of</strong> how to apply the provisions<strong>of</strong> § 668.8(l)(2) to a program, it would beconsidered compliant if it uses theappropriate conversion ratio specifiedin § 668.8(l)(1).Changes: None.Comment: One commenter suggestedeliminating the provision in proposed§ 668.8(k)(2)(ii) that requires institutionsto measure student progress in clockhours in any program if the credit hoursawarded for the program are not incompliance with the definition <strong>of</strong> credithour in § 600.2. The commenterbelieved the Secretary’s proposedcredit-hour definition in § 600.2 allowedthe Secretary to interfere in academicmatters.Discussion: The definition <strong>of</strong> credithour in § 600.2 is intended to establisha quantifiable, minimum basis for acredit hour for Federal programpurposes, including the title IV, HEAprograms. We believe that it is necessaryto establish the standards by which aprogram that awards credit hours thatare not in compliance with thedefinition <strong>of</strong> credit hour in § 600.2 maystill be eligible for title IV, HEA programfunds. Thus, § 668.8(k)(2)(ii) providesthat a program that does not awardcredit hours in compliance with § 600.2may still be eligible for title IV, HEAprograms using the underlying clockhours<strong>of</strong> the program.Changes: None.Comment: A few commentersrequested clarification on how toaddress students that are alreadyenrolled in programs that may changethe measurement <strong>of</strong> student progress tocomply with proposed § 668.8(k) and (l).A few <strong>of</strong> these commenters alsorequested additional time to complywith the proposed regulations in thesesections. One commenter requested thatcurrent students should be permitted tocomplete their programs using thecurrent conversion ratio. Onecommenter asked that the Secretaryallow institutions that <strong>of</strong>fered credithourprograms in the 2010–11 academicyear, but will need to measure studentprogress in clock hours under proposed§ 668.8(k)(2)(i)(B), to continueVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2measuring student progress in theseprograms using credit hours.One commenter asked whetherinstitutions are required to executerevised Enrollment Agreements withcurrently enrolled students when thenew regulations take effect.One commenter suggested that theconversation rate in § 668.8(l) shouldnot be applied to existing programs forat least one year from July 1, 2011 toallow for accrediting agencies to createprocedures for assessing institutions’assignment <strong>of</strong> credit hours. Thiscommenter added that only newprograms should be required to use theproposed conversion rate.One commenter requested that theproposed provisions in § 668.8(l)(2)(i)not take effect for two award years inorder for institutions that use clockhours to have time to redesign theirprograms.Discussion: We agree with thecommenters’ concerns regarding theapplicability <strong>of</strong> the changes to § 668.8(k)and (l) to students enrolled prior to theeffective date <strong>of</strong> these regulations inprograms affected by the changes in therequirements. We agree that for studentsenrolled in programs subject to theprovisions in § 668.8(k) and (l) as <strong>of</strong> theJuly 1, 2011 effective date <strong>of</strong> these finalregulations, an institution may chooseto apply the regulations in current§ 668.8(k) and (l) until these studentscomplete the program or to applyamended § 668.8(k) and (l) in these finalregulations for all students enrolled inpayment periods or assigned to the2011–12 and subsequent award years.For students who enroll or reenroll onor after July 1, 2011 in programs affectedby changes in § 668.8(k) and (l),institutions must determine title IV,HEA eligibility using § 668.8(k) and (l)in these final regulations.We do not agree that a delay in theeffective date is needed for institutionsto allow institutions more time to bringtheir existing programs into compliance.If an institution’s accrediting agency, orState agency, is not yet compliant withthe provisions <strong>of</strong> § 602.24(f) for anaccrediting agency, or § 603.24(c) for aState agency, the institution must usethe conversion formula in § 668.8(l)(1)<strong>of</strong> these final regulations until the Stateagency and accrediting agency arecompliant.Changes: None.

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