Glossary content is from the 2007 Electronic Common
Manual.
| A | B | C | D | E | F | G | H | I | J | K | L | M |
| N | O | P | Q | R | S | T | U | V | W | X | Y | Z |
Ability-to-Benefit:
Basis on which a student without a high school diploma, a recognized equivalent,
or a General Education Development Certificate may qualify for federal
student aid. The Department maintains a list of approved tests for measuring a
student’s ability to benefit from the educational program the student seeks. The
test must be administered before the school admits the student.
Academic Period: A
measured period of enrollment (e.g., a semester, trimester, quarter, or clock
hours).
Academic Year: For
the purposes of determining a borrower’s Title IV aid eligibility, a period
during which an undergraduate, full-time student is expected to complete either
of the following:
- At least 30 weeks of instructional time and 24
semester or trimester hours, or 36 quarter hours in an educational program
that measures program length in credit hours.
- At least 26 weeks of instructional time and 900 clock
hours in an educational program that measures program length in clock hours.
Upon written request from a school, the Department may
reduce the minimum number of weeks in an academic year to between 26 and 29
weeks of instructional time for a credit-hour program that leads to an associate
degree or a bachelor’s degree.
Accrediting
Agency: An agency that sets educational standards for schools,
evaluates schools, and certifies that schools have met these standards. A
“nationally recognized accrediting agency” is one that the U.S. Department of
Education has recognized to accredit or preaccredit a particular category of
school or educational program according to 34 CFR Parts 602 and 603. The agency
grants accreditation status to schools.
The Department publishes a list of nationally recognized
accrediting agencies that the Department has determined to be reliable
authorities as to the quality of education or training offered. If the
Department determines that there is no nationally recognized accrediting agency
qualified to accredit schools in a particular category, the Secretary of
Education shall appoint an advisory committee, composed of persons specially
qualified to evaluate training provided by schools in such category, to
prescribe the standards a school must meet in order to participate in Title IV
programs and to determine whether an individual school meets those
standards.
Accredited
Institution: Any school that meets standards established by a
nationally recognized accrediting agency, and for which that agency has provided
documented acknowledgment of the school’s compliance. (See also Preaccredited School.)
Act, the: The
Higher Education Act of 1965, as amended. Title IV, Part B of the Act addresses
FFELP loans.
Actual Interest
Rate: The annual interest rate a lender charges on a loan, which may be
equal to or less than the “applicable”—or statutory—interest rate on that
loan.
Additional Unsubsidized
Stafford Loan: The additional amount of a student’s eligibility for
unsubsidized Federal Stafford loans. This amount is available only to
independent undergraduate students, graduate/professional students, and
dependent undergraduate students whose parents are unable to obtain a PLUS
loan.
Administrative
Forbearance: A temporary suspension of, a reduction of, or an extension
of time for making principal and/or interest payments on a Federal Stafford,
SLS, PLUS, or Consolidation loan that is granted by the holder or lender, upon
notice to the borrower or endorser, and that does not require a written request
from the borrower or an agreement signed by the borrower before the forbearance
is granted.
Administrative Wage
Garnishment: Process by which a guarantor, under federal law, may
intercept a portion of the wages of a borrower with a defaulted FFELP loan.
Aggregate Loan
Limit: The borrower’s maximum allowable unpaid principal amount
throughout the student’s academic career. Principal outstanding is calculated by
adding the total outstanding amount guaranteed, after subtracting any refunds,
payments to comply with the requirements for the return of Title IV funds,
prepayments, payments, cancellations, funds discharged, or any other reductions
to the principal. Capitalized interest or any collection costs that may have
been added to the principal balance are not included in the borrower’s aggregate
loan limit.
Agreement: Any
written contract, agreement, or letter of understanding between the guarantor
and another entity that specifies the rights and duties of each party with
respect to participation in the guarantor’s programs and/or utilization of the
guarantor’s services.
ALAS: See Auxiliary Loans to Assist
Students.
AmeriCorps: A
national and community service program created by the National and Community
Service Trust Act of 1993 and administered by the Corporation for National
Service. For each year of full-time service in the program, participants will
receive education awards to help finance their postsecondary education or pay
back their student loans.
Annual Loan Limit:
The maximum loan amount a student may borrow for each academic year of study
under the Federal Stafford Loan Program.
Anticipated Completion
(Graduation) Date: The date on which a student is expected to complete
an academic program. This date is provided by a school official when certifying
the borrower’s loan, and in subsequent enrollment status updates.
Application: The
form the borrower uses to apply for a Stafford, PLUS, or Consolidation loan.
Applicable Interest
Rate: The maximum annual interest rate (under the Higher Education Act)
that a lender may charge on a loan. Sometimes referred to as the Statutory
Interest Rate.
Assignment: Language placed on or attached to
the promissory note indicating a change or transfer of loan ownership.
Assignment of a
Loan: Any change in the ownership interest of a loan, including a
pledge of such an ownership interest as security.
ATB: See Ability-to-Benefit.
Authority: Any
private nonprofit or public entity that may issue tax-exempt obligations to
obtain funds to be used for the making or purchasing of FFELP loans. “Authority”
also includes any agency, including a state postsecondary institution or any
other instrumentality of a state or local government unit, regardless of the
designation or primary purpose of that agency, that may issue tax-exempt
obligations, any party authorized to issue those obligations on behalf of a
governmental agency, and any nonprofit organization authorized by law to issue
tax-exempt obligations.
Auxiliary Loans to Assist Students: A previous
name for what became the SLS loan. The Omnibus Reconciliation Act of 1981
extended the Parent Loans for Undergraduate Students program to include
loans for independent undergraduate students and graduate and professional
students. These loans were called Auxiliary Loans to Assist Students or ALAS.
The Higher Education Amendments of 1986 repealed the ALAS program and authorized
two separate loan programs in its place— Supplemental Loans for Students, or SLS
loans, for graduate students, professional students, and independent
undergraduates, and PLUS loans for parents of dependent students.
Award Year: The
period between July 1 of a given calendar year and June 30 of the following
calendar year.
top^
Bankruptcy: Judicial action to
stay the normal collection of debts against the petitioner, and cause those
debts to be satisfied at the direction of the court. Bankruptcies are classified
by “chapters,” which refer to parts of a larger volume—the U.S. Bankruptcy Act.
Types of bankruptcies include:
- Chapter 7. This
is the most common form of bankruptcy, often referred to as “liquidation.” In
a Chapter 7 bankruptcy, the eligible assets of the borrower are liquidated and
distributed among the creditors by a trustee, with preference given to secured
creditors. This type of bankruptcy is frequently used by borrowers who are
unemployed or have few or no assets.
- Chapter 11. A
bankruptcy in which the borrower’s debts are reorganized. This type of
bankruptcy is seldom used by student borrowers and is most often used by
financially troubled businesses.
- Chapter 12.
Chapter 12 bankruptcy, which is similar to a Chapter 13 bankruptcy, applies
only to certain farms and family farm operations with specific debt ceilings.
- Chapter 13.
This is commonly referred to as the “wage earner” plan. A Chapter 13
bankruptcy allows individuals with regular incomes to satisfy their debts
through a court-directed payment plan. Usually, the Chapter 13 debtor(s) has
significant debts, but sufficient income to eventually pay the debts.
Base Stafford Loan
Amount: The base amount of a student’s eligibility for a subsidized
and/or unsubsidized Federal Stafford loan(s). The base amount equals the loan
limit applicable to a dependent undergraduate student.
Base Year: For
need analysis purposes, the calendar year preceding the award year.
BBAY: See Borrower-Based Academic
Year.
Blanket
Endorsement: A separate form indicating the transfer of contract rights
and ownership of a group of loans. If a blanket endorsement is used to indicate
ownership change, a copy of the endorsement must be placed in the borrower file
of each loan purchased by the lender or secondary market.
Borrower: An
individual to whom a FFELP loan is made.
Borrower-Based Academic Year: An academic year
that is individualized per borrower and generally “floats” with the borrower’s
attendance and progress. For borrowers enrolled in clock-hour and non-term-based
credit-hour programs of study, the academic year is always a BBAY. A student’s
BBAY must begin with a term the student actually attends. The BBAY must meet the
statutory requirements of an academic year as defined by the Department.
Borrower-Specific
Deferment: Refers to the federal requirement that eligibility for a
deferment be applied to all of a borrower’s loans, rather than to each separate
loan. For example, a borrower who has used the maximum 24 months of internship
deferment is not entitled to an additional internship deferment.
Branch Campus: A
permanent location of a school that is geographically apart and independent of
the main campus; that offers courses leading to a degree, certificate, or other
recognized educational credential; that has its own faculty and administration
or supervision; and that has its own budgetary and hiring authority. A branch
campus is one type of “additional location” at which schools may offer
instruction to students. A school must establish eligibility for each of its
locations.
top^
Campus-Based Programs: The Federal Perkins
Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant
programs. These programs are administered by a school’s financial aid office. A
student’s financial aid package may contain aid from one or more of these
programs.
Cancellation (of a
Guarantee): The revocation of a loan guarantee, which occurs if any of
the following conditions exist:
- No loan proceeds were disbursed or delivered to the
borrower.
- The lender check(s) was never cashed.
- None of the loan proceeds were negotiated within 120
days of the date on which they were disbursed.
- EFT and master check loan proceeds in the school’s
account are not delivered to the borrower within 120 days after being
transferred to the account.
- The loan is repaid in full within 120 days of final
disbursement.
The guarantee is not lost on the
remainder of the loan if one disbursement is canceled.
Capitalization: An
increase in the principal balance of a Stafford, SLS, PLUS, or Federal
Consolidation loan that occurs when a lender adds the unpaid interest accrued on
the loan to the outstanding principal balance.
Capitalized
Interest: Accrued interest added to the borrower’s outstanding
principal. Subsequent interest accrues on the new total principal balance, which
includes any capitalized interest.
Certification: The
act of attesting that something is true or meets a certain standard. For
example, the school certifies the borrower’s eligibility for a loan and, if
applicable, interest benefits. The borrower completes an application, promissory
note, or deferment form, thereby certifying that certain eligibility criteria
have been met.
CFR: See Code of Federal
Regulations.
Change of Control:
An occurrence that signifies that a different person, partnership, or
corporation has obtained authority to control the actions of a school. For
example, a change of control can occur when stock is transferred to the parent
corporation; when schools merge or divide; when a company is retained to manage
a school; or when a school transfers assets or liabilities to the parent
corporation.
Check: A draft
(drawn on a financial institution) that is payable on demand and that requires
the personal endorsement or other written approval of the borrower to be
cashed.
Citizen/Eligible Noncitizen: An eligibility
requirement that must be met by Federal Stafford, PLUS, and SLS loan borrowers
and recipients.
Claim: The process
by which the lender (or lender’s servicer) requests reimbursement from the
guarantor for its losses on a Federal Stafford, SLS, PLUS, or Consolidation loan
due to the borrower’s default or eligibility for loan discharge or
forgiveness.
Clock Hour: A time
period consisting of one of the following:
- 50–60 minutes of class, lecture, or recitation in a
60-minute period.
- 50–60 minutes of faculty-supervised laboratory, shop
training, or internship in a 60-minute period.
- 60 minutes of preparation in a correspondence course.
COA: See Cost of
Attendance.
Code of Federal Regulations: The
collection of federal regulations promulgated by the U.S. government. The
Department’s regulations are codified in Volume 34.
Cohort Default
Rate: The percentage of Stafford and SLS loan borrowers who default
before the end of the fiscal year following the fiscal year in which they
entered repayment on their loans. This includes borrowers whose underlying
Stafford and SLS loans have been included in a Consolidation loan. The
Department calculates this rate annually to determine the default experience of
students who attended a particular school during a particular period of time.
Unless otherwise noted, the cohort default rate pertains to the FFELP cohort
default rate or the dual-program cohort default rate.
Collection Costs:
Costs incurred in the collection of the loan by the loan holder and charged to
the borrower. These costs may include, but are not limited to, attorney’s fees,
court costs, and telegrams; they may not include routine costs associated with
preparing letters or notices or making telephone calls to the borrower.
Comaker: One of
two spouses who jointly borrowed a Federal Consolidation loan made from an
application received by the consolidating lender prior to July 1, 2006, each of
whom was eligible and is jointly and severally liable for the loan’s repayment,
regardless of future marital status. The term also refers to one of two parents
who jointly borrowed a PLUS loan made prior to
April 16,
1999.
Commercial Paper
Rate: Commercial paper includes short-term, unsecured promissory notes
issued primarily by large, well-known corporations and finance companies. The
average of the bond equivalent rates of the quotes of the 3-month commercial
paper (financial) rates in effect for each of the days in the quarter is a
factor in determining the amount of special allowance paid to a lender by the
Department for eligible Stafford and PLUS loans first disbursed on or after
January 1, 2000, and eligible Consolidation loans made from applications
received by lenders on or after January 1, 2000.
Commissioned
Salesperson: A person who receives compensation related to, or
calculated on the basis of, student applications for enrollment, actual student
enrollments, or student acceptances for enrollment.
Common Form: A
standardized form for the administration of the FFELP that is developed and
maintained by FFELP participants and approved by the Department.
Confirmation (as it relates
to the Stafford MPN): A process by which the school, lender, or
guarantor (on behalf of the school or lender) advises the borrower of the
proposed loan types and amounts. The borrower must take action to confirm the
loan type or request a specific loan amount. A school, lender, or guarantor (on
behalf of the school or lender) may establish confirmation for the entire loan
or may request that the borrower confirm each disbursement of the loan.
Consummated Loan:
A loan for which a disbursement check has been negotiated or EFT or master check
funds have been delivered to the borrower. For example, the loan would be
considered consummated if the borrower had cashed the check, if an individual
check, or the school had applied the proceeds to the student’s account, if
included in a master check or EFT transmission before the school returned the
proceeds to the lender. See Unconsummated
Loan.
Correspondence
Study: A home-study course in which the school provides instructional
materials, including examination on those materials, to students who are not
physically attending classes at the school. If a course is a combination of
correspondence work and residential training, the entire course is considered
correspondence study.
Cosigner: A signer
of a promissory note who is secondarily liable for a loan obligation. This term
is no longer used in federal regulations. See also Endorser.
Cost of Attendance: An
estimate of the student’s educational expenses for the loan period.
Cost of Education:
See Cost of Attendance.
Cost-Less-Aid: A
figure calculated by deducting all financial assistance the student has been or
will be awarded for the loan period from the cost of attendance for the same
loan period.
Cumulative Loan
Limit: See Aggregate Loan Limit.
Cure:
Reinstatement of a loan’s guarantee upon completion of a prescribed series of
loan collection activities; also the process by which the loan’s guarantee is
reinstated.
Curing Instrument:
Documentation the lender must obtain and retain to substantiate a cure. Examples
of a curing instrument include, but are not limited to, a signed repayment
agreement, evidence of one full payment received from or on behalf of the
borrower, or documentation of the activities performed in an Intensive
Collection Activities cure.
top^
DAA: See Default Aversion
Assistance.
DCL: See Dear Colleague Letter.
Deactivation: Loss
of eligibility for a lender to participate in the FFELP. The Department will
notify lenders that have failed to submit a Lender’s Interest and Special
Allowance Request and Report (LaRS report) for two consecutive quarters that
they are candidates for deactivation.
Dear Colleague
Letter: A communication from the Department that explains and clarifies
the Department’s guidance regarding federal regulations and statutes.
Dear Partner Letter:
A communication from the Department that explains and clarifies the Department’s
guidance regarding federal regulations and statutes.
Debt-Management Counseling: Counseling
provided to a student about debt and accumulated indebtedness. Counseling is
required both before the student receives the first disbursement of the
student’s first loan—often referred to as entrance counseling, and when the
student is scheduled to complete an academic program—commonly referred to as
exit counseling.
Default: The
failure of a borrower (or endorser or comaker, if any) to make installment
payments when due, provided that this failure persists for the most recent
period of 270 days (for a loan repayable in monthly installments) or the most
recent 330-day period (for a loan repayable in less frequent installments). A
loan also may be considered in default if the borrower (or endorser or comaker,
if any) fails to meet other terms of the promissory note or other written
agreement(s) with the lender under circumstances where the Department or
guarantor of the loan reasonably concludes that the borrower no longer intends
to honor the borrower’s obligation to repay the loan.
Default Aversion
Assistance: The help provided to a lender by the guarantor in order to
prevent a delinquent loan from defaulting.
Default Aversion Assistance
Request Period: The period during which a lender must submit a request
for default aversion assistance from a guarantor. This period begins no earlier
than the 60th day and ends no later than the 120th day of the borrower’s
delinquency.
Deferment: A
period of time during repayment in which the borrower, upon meeting certain
conditions, is not required to make payments of loan principal.
Delayed Delivery:
The federally mandated delay in the school’s delivery of the first disbursement
of loan funds for first-year, first-time undergraduate Stafford loan borrowers.
Schools subject to delayed delivery must delay the delivery of the first
disbursement until the student completes the first 30 days of his or her program
of study.
Delayed
Disbursement: The federally mandated delay of the first disbursement of
loan funds for first-year, first-time undergraduate Stafford loan borrowers. The
school is prohibited from scheduling the first disbursement of a loan to these
students earlier than:
- The 28th day of the first payment period if the loan
is disbursed by EFT or master check.
- The first day of the first payment period if the loan
is disbursed by individual check.
Delinquency: A
period that begins on the day after the due date of a payment when the borrower
fails to make the equivalent of one full payment.
Department, the:
The U.S. Department of Education or an official or employee of the Department
acting for the Department under a delegation of authority.
Dependent Student:
A student who does not meet the eligibility requirements for an “Independent
Student,” under the Higher Education Act of 1965, as amended. See Independent Student.
Diligent Effort:
An attempt to perform a required activity in a matter that complies with
federally mandated procedures and requirements.
Disability: A
medically determined condition that renders a person unable to work and earn
money, or, in some cases, to attend school. A borrower (or his spouse or
dependent) is considered to be temporarily totally disabled if the condition is
expected to be of a short and finite duration; a borrower is considered totally
and permanently disabled if this condition is expected to continue for a long or
indefinite period of time, or to result in death.
Disbursement: The transfer of loan proceeds by
individual check, master check, or electronic funds transfer by a lender to a
school, or under certain circumstances a borrower or an escrow agent. For a
Consolidation loan, disbursement is the transfer of borrower loan proceeds from
the consolidating lender to the current holder of the loan being
consolidated.
Disbursement Date:
For a loan disbursed by check or draft, the date the check or draft is issued.
For a loan disbursed by electronic funds transfer or wire transfer, the date the
funds are transferred from the lender to the school or escrow agent.
Discharge: The
release of a borrower or any comaker from all or a portion of his or her loan
obligation, as applicable, due to bankruptcy, school closure, death, total and
permanent disability, an unpaid refund by the school, or the school’s false
certification of a FFELP loan.
Documentation: A
written or printed paper, a supporting reference, or a record that can be used
to furnish evidence, proof, or information.
DPL: See Dear Partner Letter.
Dual-Program Cohort Default
Rate: For a school that has former students entering repayment in a
fiscal year on both FFELP and FDLP loans, the Department calculates a
dual-program cohort default rate.
Due Diligence: The
procedures required for attempting to satisfactorily resolve a delinquency and
prevent a default in accordance with federal regulations. The lender must
document the performance of these attempts, and the attempts must be at least as
forceful as those generally used for consumer loans.
top^
Economic Hardship: A period
during which the borrower is working full time but is earning an amount that
does not exceed the greater of the minimum wage or the poverty line for a family
of two. Economic hardship also exists if a borrower’s monthly payments on
federal education loans are equal to or greater than 20 percent of the
borrower’s monthly income, as defined in FFELP regulations.
EFA: See Estimated Financial
Assistance.
EFC: See Expected Family
Contribution.
Effective
Commercial Skip Tracing: Techniques used to locate a person whose
address is unknown. Examples of these techniques may include contacting an
endorser (e.g., to locate a borrower), a borrower (e.g., to locate an endorser
or comaker), a relative, a reference, individuals, entity identified in a
borrower’s loan file, Directory Assistance or a comparable service; attempting
to contact the person by calling the last known telephone number; performing a
Social Security number search via a credit report; reviewing city directories;
processing information contained on the current credit report; or checking with
a state licensing agency, a trade association, or a motor vehicle bureau. See
also Skip Tracing.
EFT: See Electronic Funds Transfer.
Electronic Funds Transfer: The electronic
transfer of Stafford or PLUS loan proceeds from the lender to an account at the
school or the school’s financial institution.
Electronic
Signature: Information in electronic format that is attached to or
logically associated with an electronic record and used by a person with the
intent to sign the electronic record.
Eligibility
Letter: A term used to describe the materials the Department’s
Institutional Participation Division sends to a school that has received federal
approval for participation in the Title IV programs. The “letter” includes an
Approval Notice and a copy of the school’s Program Participation Agreement.
Eligible Borrower:
A borrower or potential borrower who meets federal eligibility criteria for a
Federal Stafford loan or, in the case of a parent borrower, a Federal PLUS
loan.
Eligible Student:
A student who meets federal student eligibility criteria.
Emergency Action:
A special action taken by the guarantor or the Department to temporarily
immediately suspend a school, lender, or servicer from participation in the
guarantor’s programs prior to the initiation of formal Limitation, Suspension,
and Termination procedures.
Endorser: A signer of a
promissory note who is secondarily liable for a loan obligation, i.e., who
agrees to pay if the borrower does not. A lender may require a PLUS borrower
with adverse credit to obtain a creditworthy endorser in order to receive the
loan.
Enrolled: The
status of a student who has met either of the following requirements:
- Completed the registration requirements (except for
the payment of tuition and fees) at the school the student is attending.
- Been admitted into an educational program offered
predominantly by correspondence and has submitted one lesson, completed by the
student after acceptance for enrollment and without the help of a
representative of the school.
Enrollment
Reporting: The method by which schools confirm and report to the
National Student Loan Data System the enrollment status of attending
students who receive Title IV loans. This process was formerly known as the
Student Status Confirmation Report.
Entity: For
purposes of this manual, any organization, institution, government agency,
nonprofit corporation, or other group that participates in federal student
financial aid programs.
Entrance Counseling (or
Entrance Interview): See Debt-Management
Counseling.
Escrow Agent: A
guarantor or other eligible lender that receives the proceeds of a FFELP loan as
an agent of an eligible lender for the purpose of transmitting those proceeds to
the borrower or the borrower’s school.
Estimated Financial Assistance: The school’s
estimate of the amount of financial assistance from federal, state,
institutional, or other sources that a student (or parent on behalf of a
student) will receive for a period of enrollment. This may include veterans’ and
national service awards and benefits (except when determining eligibility for a
subsidized Stafford Loan), scholarships, grants, financial need-based
employment, or loans. EFA does not include Federal Perkins loans or Federal
Work-Study funds that the student has declined or certain loans used to replace
the expected family contribution.
Exceptional
Performer: A designation conferred upon a qualified lender, servicer,
or guarantor by the Department of Education for an exceptional level of
performance in servicing FFELP loans, if the lender, servicer, or guarantor
requests such status and meets all statutory and regulatory requirements.
Excess Interest
Rebate: See Windfall Profits.
Exit Counseling (or Exit
Interview): See Debt-Management
Counseling.
Expected Family Contribution: The amount a
student and the student’s spouse or family are expected to pay toward the
student’s cost of attendance. The Federal Need Analysis Methodology must be used
to calculate the EFC.
Extended Repayment
Schedule: A repayment schedule available to a “new borrower” on or
after October 7, 1998, with outstanding principal and interest in FFELP loans
totaling more than $30,000. An extended repayment schedule may provide for
standard or graduated installments over a period not to exceed 25 years.
top^
FAA: See Financial Aid
Administrator.
FAFSA: See Free Application for
Federal Student Aid.
FAT: See Financial Aid Transcript.
FDLP: See Federal Direct Loan
Program.
Federal Consolidation Loan
Application and Promissory Note: A common form that a borrower—or, as
applicable, spouses as comakers—must complete to apply for a Federal
Consolidation loan.
Federal Default Fee: A fee collected by the
guarantor either by deduction from the proceeds of the loan or from other
nonfederal sources. The Higher Education Act requires that this fee equal one
percent of the loan principal. This fee replaced the guarantee fee.
Federal Direct Loan Program: A student loan
program authorized on July 23, 1992, by Title IV, Part D, of the Higher
Education Act. The Federal Direct Loan Program offers Federal Direct
(Subsidized) Stafford loans, Federal Direct Unsubsidized Stafford loans, Federal
Direct Consolidation loans, and Federal Direct PLUS loans. The FDLP is similar
to the FFELP, except that funding comes directly from the U.S. Treasury rather
than from private lending institutions.
Federal
Family Education Loan Program: Loan programs authorized by Title IV,
part B of the Higher Education Act of 1965, as amended, that includes the
Federal Stafford, Federal PLUS, Federal SLS, and Federal Consolidation Loan
Programs. These loan programs are funded by lenders, guaranteed by guarantors,
and reinsured by the federal government. These programs are defined individually
in 34 CFR 668.
Federal Interest
Benefits: The federal government’s payment of accrued interest on
subsidized Stafford loans to the lender on behalf of the borrower during
in-school, grace, and deferment periods. Some Consolidation loans also may
qualify for interest benefits.
Federal Need
Analysis Methodology: The formula used to calculate the expected family
contribution with regard to determining the amount of Title IV assistance
available to a borrower.
Federal PLUS Loan Application and Master Promissory
Note: A common form that allows a parent or graduate or professional
student borrower to receive loans for either a single academic year or multiple
academic years. A parent borrower must complete a separate PLUS MPN for each
dependent student for whom he or she wishes to borrow.
Federal Register:
A federal government publication, published each weekday (except federal
holidays), that lists regulations, regulatory amendments, notices, and proposed
regulatory changes for all federal executive agencies.
Federal Stafford Loan Master Promissory Note:
A common form that allows a student borrower to receive loans for either a
single academic year or multiple academic years.
FFELP: See Federal Family Education
Loan Program.
File Transfer
Protocol: A standard Internet protocol that allows the transmission of
data files.
Final Demand: A
letter that the lender mails to the borrower demanding full payment of a
delinquent or ineligible account. The letter is required as part of the due
diligence procedures for collecting a loan that is seriously delinquent or
ineligible. The final demand letter is mailed on or after the 241st day of
delinquency for loans payable in monthly installments. The letter must be mailed
at least 30 days before the lender files a default claim.
Final Regulations:
Federal program rules, which are published in the Federal Register. Final
regulations usually take effect 45 days after the date of publication.
Financial Aid Administrator: A staff member at
an eligible school who is charged with the administration of financial aid
programs.
Financial Aid
Package: The total amount of financial aid that a school awards a
student. Federal and nonfederal aid such as loans, grants, or work-study are
combined into a “package” to help meet the student’s cost of attendance. Using
available resources to give each student the best possible aid package is one of
the major responsibilities of a school’s financial aid administrator.
Financial Aid Transcript: An official record
of the federal financial aid a student has received at schools the student
previously attended. The record is used to assess the amount of federal
financial aid the student has received and to prevent the award of federal funds
for which the student or the parent of a dependent student is not eligible. The
record may be obtained from the National Student Loan Data System or may be a
paper report received from the previous schools.
Financial Need:
The student’s cost of attendance less the expected family contribution. In
determining a student’s eligibility for a subsidized Stafford loan and a FFELP
borrower’s total loan amount, the student’s estimated financial assistance is
also subtracted from the cost of attendance.
FM: See Federal Need Analysis
Methodology.
Forbearance: A
period of time during which the borrower is permitted to temporarily cease
making payments or reduce the amount of the payments. The borrower is liable for
the interest that accrues on the loan during the forbearance period. Some
forbearances are entitlements for eligible borrowers; others are granted at the
discretion of the lender.
Foreign School: An
eligible school located outside the United States and its territories.
Forgiveness: The
release of a borrower or any comaker, as applicable, from all or a portion of
his or her loan obligation due to qualifying child care service or qualifying
teaching service as authorized by Title IV, Part B of the Higher Education Act,
as amended.
Free
Application for Federal Student Aid: The form the student must complete
to apply for federal Title IV financial assistance, including Stafford loans.
The student must include financial information on the student’s household so
that the expected family contribution can be calculated.
Freely Associated
States: The Republic of the Marshall Islands, the Federal States of
Micronesia, and the Republic of Palau. See also State.
FTP: See File Transfer Protocol.
Full-Time Student:
A student enrolled in an institution of higher education (other than a student
enrolled in a program of study by correspondence) who is carrying a full
academic workload as determined by the school under standards applicable to all
students enrolled in that student’s particular program. The student’s workload
may include any combination of courses, work, research, or special studies,
whether or not for credit, that the school considers sufficient to classify the
student as a full-time student. See section 6.9 for a detailed definition of a
full-time student that includes credit- and clock-hour requirements.
Funds: Any monies
(including checks, drafts, or other instruments); any commitment to provide
money; or any commitment of insurance that has been, or may be, provided under
the guarantor’s programs to a borrower enrolled at and attending a participating
school, or a borrower accepted for enrollment at a participating school.
top^
Gap: A period during the servicing of a loan
in repayment when due diligence activities are required by regulations but no
due diligence activities (collection activities) are performed. For a loan
serviced under regulations published December 18, 1992, a gap greater than 45
days (greater than 60 days in the case of a transfer) results in the loss of the
loan’s guarantee.
Previously, the term “gap” was defined in Appendix D of
34 CFR 682, and was applicable to loans serviced under due diligence provisions
published November 10, 1986. For loans serviced under these “old” due diligence
provisions, a gap in due diligence activities did not result in a loss of the
loan’s guarantee unless the lender had committed a violation of at least one due
diligence requirement.
Grace Period: The
period that begins the day after a Stafford loan borrower ceases to be enrolled
at least half time at an eligible school, ends the day before the repayment
period begins, and during which payments of principal are not required. For a
borrower with a Stafford loan that has not yet entered repayment who also has an
SLS loan, the grace period for the SLS loan is the equivalent of the grace
period for the Stafford loan if the borrower requests grace on his or her SLS
loan(s).
Grad PLUS Loan: A
PLUS loan made to a graduate or professional student.
Grade Level: A
student’s academic class level, as certified by a school official. Undergraduate
students are 01 (freshman/first year) through 05 (fifth year/other
undergraduate); graduate and professional students are A (first year) through D
(fourth year and beyond).
Graduate or
Professional Student: A student who:
- Is enrolled in a program or course above the
baccalaureate level at an institution of higher education, or enrolled in a
program leading to a first professional degree.
- Has completed the equivalent of at least three years
of full-time study at an institution of higher education, either before
entrance into the program or as part of the program itself.
- Is not receiving Title IV aid as an undergraduate
student for the same period of enrollment.
Graduated Repayment
Schedule: A repayment schedule under which the amount of the borrower’s
installment payment is scheduled to change (usually by increasing in two or more
increments) during the course of the repayment period. The graduated repayment
schedule cannot exceed 10 years (or 25 years for borrowers eligible for an
extended repayment schedule), excluding in-school, grace, deferment, or
forbearance periods.
Guarantee: A
conditional legal obligation, as defined in an agreement by and between a
guarantor and a lender, for the guarantor to reimburse the lender for some
portion of a loan that is not repaid by the borrower due to default, death,
disability, bankruptcy, borrower ineligibility, false certification of borrower
eligibility, or school closure.
Guarantee
Disclosure: The form used by the guarantor that serves as evidence that
the loan identified on the form has been insured (guaranteed) under the
guarantor’s program (see also Guarantee). The form also provides relevant loan
data, which may include the loan amount, interest rate, guarantee and
origination fees (if applicable), and projected maturity date.
Guarantee Fee: A fee the guarantor was
permitted to charge on a loan disbursed on or after July 1, 1994, and for which
the date of guarantee of principal was before July 1, 2006. The Higher Education
Act limited this fee to no more than one percent of the principal. This fee was
replaced by the federal default fee.
Guarantor (or Guaranty Agency): A state or
private nonprofit organization that has an agreement with the U.S. Secretary of
Education to administer a loan guarantee program under the Higher Education
Act.
Guaranty Agency:
See Guarantor (or Guaranty Agency).
top^
Half-Time Student: A student
who is: (1) enrolled in a participating school; (2) carrying an academic
workload that amounts to at least half of the workload of a full-time student,
as determined by the school; and (3) not a full-time student. A student enrolled
solely in an eligible program of study by correspondence is considered a
half-time student.
HEA: The Higher
Education Act of 1965, as amended.
Hearing: The
orderly presentation of arguments and evidence before a Hearing Officer.
Hearing Officer: A
person with no prior involvement in a dispute under the Limitation, Suspension,
and Termination procedures outlined in chapter 18 of this manual. The Hearing
Officer for any hearing will be selected by the guarantor.
Holder: An
eligible lender owning a FFELP loan. A federal or state agency or an
organization or corporation acting on behalf of such an agency and acting as a
conservator, liquidator, or receiver of an eligible lender may also be
considered a holder.
top^
ICA/Location Cure Procedure: See Intensive Collection
Activities.
Incarcerated: The
status of a student or borrower who is serving a criminal sentence in a federal,
state, or local penitentiary, prison, jail, reformatory, work farm, or other
similar correctional institution. A student or borrower who is living in a
halfway house or in home detention or who has been sentenced to serve only
weekends is not considered to be incarcerated.
Income-Contingent Repayment
Schedule: A repayment schedule for some FDLP loans under which the
borrower’s monthly payment amount is adjusted annually, based on the total
amount of the borrower’s Direct loans, the borrower’s family size, and the
Adjusted Gross Income reported on the borrower’s most recent income tax return.
In the case of a married borrower, who files a joint income tax, the AGI
includes the spouse’s income.
Income-Sensitive Repayment
Schedule: A repayment schedule for some FFELP loans under which the
borrower’s monthly payment amount is adjusted annually, based solely on the
borrower’s expected total monthly gross income received from employment and
other sources during the course of the repayment period.
Independent Student:
A student who meets one or more of the criteria listed on the Free Application
for Federal Student Aid (FAFSA) that classify a student as independent for Title
IV purposes. A student also may be classified as independent if a financial aid
administrator determines and documents that the student is independent based on
his or her professional judgment of the student’s unusual circumstances. See
section 6.8 for additional information regarding the determination of a
student’s dependency status.
Ineligible
Borrower: A borrower who does not meet federal eligibility criteria for
a Federal Stafford loan or, in the case of a parent borrower, a Federal PLUS
loan.
In-School Period:
The time during which a student is enrolled on at least a half-time basis at a
participating school.
Institution of Higher
Education (Institution): A school that:
- Is located in a state (see State ).
- Admits as a regular student only a person who has a
certificate of graduation from a secondary school or a recognized equivalent
or is beyond the age of compulsory school attendance in the state in which the
school is physically located and has demonstrated the ability to benefit from
the school’s education or training program by passing a federally approved
standardized test.
- Is legally authorized in each state in which it is
physically located to provide, and provides within that state, a program of
postsecondary education that awards an associate, bachelor’s, graduate, or
professional degree; or provides a program of not less than two years in
length that is acceptable for full credit toward such a degree; or provides a
training program of at least one academic year that leads to a certificate,
degree, or other recognized credential and prepares students for gainful
employment in a recognized occupation.
- Is a public or other nonprofit school and is
accredited by a nationally recognized accrediting agency or association
approved by the U.S. Department of Education for this purpose, or if not so
accredited, is a school that the Department determines will meet the
accreditation standards of such an agency or association within a reasonable
period of time.
See Participating
School and School.
Institutional Student Information
Record: The electronic output record provided to the school by the
Department’s Central Processing System that includes information provided by the
student on the Free Application for Federal Student Aid (FAFSA). The ISIR also
contains the student’s expected family contribution (EFC) and the results of
federal database matches. The paper version that is sent to the student is
called a Student Aid Report.
Insurance Premium:
See Federal Default Fee and Guarantee Fee.
Intensive
Collection Activities: A series of collection activities performed
within an abbreviated time frame. Performance of the activities within the time
frames prescribed reestablishes the guarantee on loans on which the lender’s
noncompliance with due diligence requirements has resulted in the cancellation
of the guarantee.
Interest: The
charge made to a borrower for use of a lender’s money.
Interest Benefits:
See Federal Interest Benefits.
Interim Period:
The period during which a Stafford loan borrower is in the in-school or grace
period. If the borrower returns to school before the grace period is fully used,
the borrower continues to qualify for in-school status and to be considered in
the interim period.
Invalid Telephone
Number: For purposes of lender due diligence requirements in the
collection of loans, a functioning telephone number that has been assigned to
someone who has no knowledge of or relationship with the borrower.
IRS Offset:
See Treasury Offset.
ISIR: See Institutional Student
Information Record.
top^
LaRS: See Lender’s
Interest and Special Allowance Request and Report.
Last Date of
Attendance: The last day the student was physically present in class,
as confirmed by the student’s attendance records.
Late Charges:
Charges that the lender may require the borrower to pay if the borrower fails to
pay all or a portion of a required installment payment within 15 days after it
is due. This charge may not exceed 6 cents for each dollar of each late
installment.
Late Conversion:
The scheduling of a Stafford, SLS, PLUS, or Consolidation loan borrower’s first
payment due date beyond the normal regulatory time limits for establishing that
date.
Late Disbursement or
Delivery: A disbursement made by a lender or delivered by a school
after the end of the loan period or the date on which the student ceased to be
enrolled on at least a half-time basis.
Leader, Summer
Term: A summer term that comes at the beginning of a school’s Scheduled
Academic Year.
Leave of Absence:
For purposes of the Common Manual, a leave of absence is a status in which the
student is considered to be continuously enrolled for Title IV program purposes,
as approved by the school. An approved leave of absence is a break in
enrollment, not including a semester or spring break, that is requested by the
student and approved by the school based upon the school’s published leave of
absence policy. The student’s request must be in writing and must include the
reason for the leave. In an approved leave of absence, the student does not
incur any additional charges. The total number of days of all approved leaves of
absence may never exceed 180 days in any 12-month period.
Lender: For
purposes of the Federal Family Education Loan Program, a lender is an entity
that has entered into an agreement to participate in the FFELP. A lender may be
a national or state chartered bank, a mutual savings bank, a savings and loan
association, a stock savings bank, a credit union, a pension fund, an insurance
company, a single state agency, the Student Loan Marketing Association, a Rural
Rehabilitation Corporation, a nonprofit private agency functioning in a state as
a secondary market, a consumer finance company subsidiary of a national bank, a
guarantor, or a school. Each entity must meet the specific eligibility
qualifications, as applicable.
Lender Fee: A fee
that the holder of the loan must pay to the Department on any loan first
disbursed on or after October 1, 1993. The fee is equal to 0.5% of the principal
amount of the loan and is deducted from interest and special allowance due the
lender. The lender remits the fee by making an entry on the Lender’s Interest
and Special Allowance Request and Report (LaRS report) that results in an offset
of the amount of quarterly interest and special allowance benefits due to the
lender. The lender may not pass this fee on to the borrower.
Lender of Last
Resort: A lender (or guarantor, in some cases) that agrees to make
Stafford loans to students who qualify for interest benefits, who are eligible
for combined subsidized and unsubsidized Stafford loan amounts of at least $200,
and who are otherwise unable to obtain loans from other eligible lenders for the
same period of enrollment (or who are attending schools that have been
designated LLR schools).
Lender Participation
Questionnaire for New Lenders: The application form that a lender must
complete and return to the Department before receiving approval to participate
in the FFELP.
Lender’s Interest and Special Allowance Request and
Report: An accounting mechanism that a lender uses to report to the
Department the loans that it has made and to request from the Department
interest benefits and special allowance that it has earned. The federal
origination and lender fees that the lender must pay to the Department are
usually deducted from the amount that the Department owes the lender for
interest benefits and special allowance. The lender may submit the report using
the automated Lender Reporting System or the paper form.
Limitation: The
continuation of a school’s eligibility to participate in the guarantor’s
programs, subject to compliance with special conditions or restrictions
established by agreement with the Department or the guarantor.
LLR: See Lender of Last Resort.
Loan Assignment:
See Assignment.
Loan Period: The
period of time for which a loan is certified.
Loan Proceeds: The
amount of loan funds that have been guaranteed.
Loan Sale: The
change in ownership of a loan from one eligible FFELP lender or holder to
another lender or holder.
Loan Transfer: Any
action that results in a change of the system used to monitor or conduct
collection activities on the loan, such as a change in servicer.
Location Cure
Procedure: See Intensive
Collection Activities.
top^
Mandatory Administrative
Forbearance: Forbearance that a lender is required to grant in certain
cases.
Mandatory
Forbearance: Forbearance that a lender is required to grant in certain
cases.
Master Check: A
single check issued from a lender or disbursing agent to a school that includes
loan disbursements for two or more borrowers; a nonelectronic process for
transferring funds that mirrors electronic funds transfer.
Master Promissory
Note: See Federal Stafford Loan Master Promissory Note (Stafford MPN)
and Federal PLUS Loan Application and Master Promissory Note (PLUS MPN).
MPN: See Master Promissory Note.
Multiple
Disbursements: Disbursement at predesignated times of a Federal
Stafford or PLUS loan—usually in two or more installments of approximately equal
increments.
top^
National and Community Service Trust
Act: The federal legislation that created a national and community
service program, including AmeriCorps. The program is administered by the
Corporation for National Service.
National Council of Higher
Education Loan Programs: A nationwide network of guarantors, secondary
markets, lenders, loan servicers, collectors, and other organizations involved
in the administration of the Federal Family Education Loan Program. NCHELP
represents its members on public policy and regulatory issues with the
legislative and executive branches of the federal government.
National Credit
Bureau: A credit reporting agency with a service area encompassing more
than a single region of the country.
National of the United
States: A citizen of the United States or, as defined in the
Immigration and Nationality Act, a noncitizen who owes permanent allegiance to
the United States.
National Student
Loan Data System: A database comprised of information from
guarantors, schools, lenders, and the Department of Education which contains
information on Title IV aid received by students.
Need Analysis: A
standardized assessment of the ability of a student or of a student’s family to
contribute toward educational expenses.
New Borrower: A
borrower who has no outstanding balance on a FFELP loan at the time he or she
signs a promissory note for a FFELP loan.
Nonsubsidized
Loan: A loan that is not eligible for federal interest benefits. The
borrower is responsible for paying the interest on the outstanding principal
balance of a nonsubsidized loan throughout the life of the loan. During
in-school, grace, and deferment periods, these interest payments are normally
made on a monthly or quarterly basis, or are capitalized. Nonsubsidized loans
were guaranteed by some guarantors before the introduction of unsubsidized
Stafford loans.
Non-Term-Based
Institution: A school that measures its academic year in credit or
clock hours rather than academic terms (e.g., semesters, trimesters, or
quarters).
Notification (as it relates
to the Stafford MPN): A process by which the school, lender, or
guarantor notifies the borrower of the proposed loan types and amounts. The
borrower is required to take action only to reject or adjust the type or amount
of the loan.
NSLDS: See National Student Loan Data
System.
top^
Official: The person at the
guarantor with the responsibility for initiating an Action under the Limitation,
Suspension, or Termination procedures outlined in chapter 18 of this manual.
One-Academic-Year Training
Program: A program that includes:
- At least 30 weeks of instructional time and 24
semester or trimester hours, or 36 quarter hours in a program using credit
hours to measure academic progress.
- At least 26 weeks of instructional time and 900 clock
hours of supervised training in a program using clock hours to measure
academic progress.
- At least 26 weeks of instructional time and 900 clock
hours in a correspondence program.
Origination Fee: A
fee charged to offset the cost of interest, special allowance, and reinsurance
payments by the federal government on a FFELP loan. This fee, if charged to the
borrower, may be subtracted from the borrower’s loan proceeds.
Out-of-School
Date: The date the student ceases to be enrolled on at least a
half-time basis at an eligible school.
Overaward: Any
amount of a student’s total estimated financial assistance (excluding Pell
grants) that exceeds the student’s financial need.
top^
Parent: For purposes of PLUS loan eligibility,
a student’s natural or adoptive mother, father, or the spouse of a parent who
remarried if the spouse’s income and assets would have been taken into account
when calculating a dependent student’s expected family contribution.
Parent PLUS Loan:
A PLUS loan made to the parent of a dependent undergraduate student.
Partial
Cancellation: Cancellation of a disbursement or a portion of a
disbursement rather than of an entire loan.
Participating
School: An eligible school that meets the standards for participation
in Title IV programs in subpart B, has a current Program Participation Agreement
with the Department, and is eligible to receive funds under these programs.
Payment Period:
The basis on which a school must schedule and deliver disbursements for a
particular loan period. The payment period begins on the first day of regularly
scheduled classes. A payment period is determined based on the structure of the
school’s academic program. At a school that does not use standard terms, a
payment period is measured in credit or clock hours completed by the student in
relation to the length of the student’s program of study. The payment period
requirement does not eliminate the multiple disbursement requirement for a
school to deliver loan proceeds in substantially equal installments, with no
installment exceeding one-half of the loan amount.
Pell Grant: A
federal need-based grant.
Period of
Enrollment: As defined by federal regulation, the period for which a
Stafford or PLUS loan is intended. The period of enrollment must coincide with a
bona fide academic term established by the school for which the school’s charges
are generally assessed, i.e., semester, trimester, quarter, length of the
student’s program or the school’s academic year. The period of enrollment is
also referred to as the loan period (see section 6.2). In addition, the term
“period of enrollment” is commonly used by the financial aid community to refer
to the period of time during an academic year when a student is enrolled at the
school.
Permanent Resident of the
United States: A person who meets certain requirements of the U.S.
Immigration and Naturalization Service (INS). Valid documentation of permanent
residency includes the following: I-551, I-151, I-181, I-94, or a passport
stamped processed for I-551, “Temporary evidence of lawful admission for
permanent residence.”
PLUS MPN:
See Federal PLUS Loan Application and Master
Promissory Note.
Post-Deferment Grace
Period: A 6-month period following a deferment during which payments
are not required. The 6-month post-deferment grace period applies only to loans
disbursed before October 1, 1981, and, in some cases, to loans for borrowers who
participated on active-duty status in certain emergency military mobilizations,
such as Operations Desert Shield/Desert Storm.
Post-Withdrawal
Disbursement: A disbursement made when the calculations for the
school’s return of Title IV funds result in the student being eligible to
receive more Title IV aid than was disbursed or delivered prior to his or her
withdrawal. A post-withdrawal disbursement must meet certain conditions for late
disbursement.
PPA: See Program
Participation Agreement.
Preaccredited
School: A public or private nonprofit school that is progressing
towards accreditation within a reasonable period of time, as certified by an
accrediting agency. The status must be recognized by the Department for purposes
of Title IV program eligibility. See also Accrediting Agency.
Preclaim
Assistance: See Default Aversion
Assistance.
Prehearing
Conference: Contact by any method, including telephone, between the
parties for the purpose of settling or narrowing a dispute related to
limitation, suspension, and termination proceedings.
Prepayment: A
payment received when the borrower is not required to make either principal or
interest payments; when a borrower is required to make interest payments, but
previously authorized the lender to capitalize accruing interest; or when the
borrower makes a payment that is greater than the amount of the borrower’s
regular installment or the amount due.
Principal Balance:
The outstanding amount of the loan, on which the lender charges interest. As the
loan is repaid, a portion of each payment is used to satisfy interest that has
accrued, and the remainder of the payment is used to reduce the outstanding
principal balance.
Professional
Judgment: The flexibility given to a financial aid administrator (FAA)
under the Higher Education Act to make adjustments to student eligibility for
federal aid on a case-by-case basis.
Professional
Student: See Graduate
or Professional Student.
Program of Study:
A Department-authorized postsecondary educational program that leads to a
degree, certificate, or other educational credential.
Program Participation
Agreement: An agreement that a school and the U.S. Department of
Education must sign, permitting participation in one or more of the Title IV
federal student aid programs. This agreement also states that the initial and
continued eligibility to participate in the Title IV federal student aid
programs is conditional upon compliance with the provisions of applicable laws
and program regulations. The agreement includes a school’s participation in the
following federal programs: Federal Pell, Federal Supplemental Educational
Opportunity Grant, Federal Work-Study, Federal Family Education Loans, and
Direct Loans.
Program Review: A
comprehensive review of a lender’s, school’s, or servicer’s administrative
procedures for handling Federal Stafford, PLUS, SLS, and Consolidation loans.
The review is conducted to ensure that those procedures are in compliance with
federal regulations and with the guarantor’ policies and procedures. Chapter 17
addresses several aspects of program reviews.
Promissory Note: A
legally binding agreement the borrower signs to obtain a loan under the FFELP,
in which the borrower promises to repay the loan, with interest, in periodic
installments. The agreement also includes information about any grace period,
deferment, or cancellation provisions and the student’s rights and
responsibilities with respect to the loan.
Proration: A
reduction of the standard annual loan limit for an undergraduate student.
Proration of the loan amount is required if the student’s program or the
remainder of the student’s program is less than a full academic year in
length.
Proportional
Proration: A required calculation performed to determine the applicable
annual Stafford loan limit for an undergraduate student whose program of study
is less than an academic year, or whose remaining program of study is less than
an academic year.
top^
Qualified Education Benefit:
Refers to qualified tuition programs (e.g., 529 prepaid tuition plans and
savings plans), prepaid tuition plans offered by a state, and Coverdell
education savings accounts.
top^
Reaffirmation: A borrower’s
acknowledgment of a loan repayment obligation—including all principal, interest,
collection costs, legal costs, and late charges—in a legally binding manner.
Reauthorization:
Refers to the legislative process—generally carried out every 5 years in the
case of the Higher Education Act—whereby Congress reviews and either renews,
terminates, or amends existing programs. The most recent reauthorization of the
Act, as amended, was in 1998.
Recall (of a
claim): A lender request that the guarantor return a default claim that
has already been filed before claim reimbursement because the claim no longer
qualifies for default.
Recognized Equivalent of a
High School Diploma: A recognized equivalent of a high school diploma
is any one of the following:
- A General Education Development Certificate.
- A state certificate received by the student after
passing a state-authorized examination recognized by the state as the
equivalent of a high school diploma.
- The academic transcript of a student who has
successfully completed at least a two-year program acceptable for full credit
toward a bachelor’s degree.
- For a student seeking enrollment in at least an
associate degree program or its equivalent, who has not completed high school
but has excelled academically at the high school level, documentation obtained
by the participating school that the student excelled academically and has met
the participating school’s written policies for admitting such students.
Record: With
respect to recordkeeping requirements for lenders and schools, official
information or data relating to a borrower’s loan account or file that can be
used as evidence.
Refund: The
difference between the amount the student paid toward institutional charges and
the amount the school can retain under the appropriate (e.g., institutional,
state, or accrediting agency) refund policy. See also Return of Title IV Funds.
Regular Student: A
person enrolled or accepted for enrollment for the purpose of obtaining a
degree, certificate, or other recognized educational credential.
Regulation B: The
section of the Equal Credit Opportunity Act (12 CFR 202) that prohibits
creditors from discriminating against credit applicants on the basis of race,
color, religion, national origin, sex, marital status, or age.
Rehabilitation (of a
defaulted loan): A process by which a borrower may bring a FFELP loan
out of default by adhering to specified repayment requirements.
Reinstatement (of borrower
Title IV eligibility): A process by which a borrower with a defaulted
FFELP loan may regain eligibility for Title IV aid by adhering to strict
repayment requirements.
Reinstatement (of
institutional eligibility): Formal permission by the guarantor for a
school, lender, or servicer whose eligibility to participate in the guarantor’s
programs has been terminated to resume participation after meeting specific
conditions.
Release of
Proceeds: Delivery of loan proceeds by the school to the borrower.
Release of proceeds is not disbursement of proceeds by the lender. See Disbursement.
Repayment Period:
The period during which payments of principal and interest are required. The
repayment period follows any applicable in-school or grace period and excludes
any period of authorized deferment or forbearance.
Repayment
Schedule: The legal addendum to the Promissory Note stating the terms
of loan repayment and fulfilling disclosure requirements. The Repayment Schedule
is a plan that indicates the total principal and interest due, an installment
amount, and the number of installments required to pay the loan in full. The
Repayment Schedule also contains the interest rate for the loan(s) included on
the schedule, the due date of the first and subsequent installments, and the
frequency of installments.
Repayment Start
Date: The date the repayment period begins. For Stafford loans,
repayment begins on the day following the last day of the grace period. For PLUS
and SLS loans, repayment begins on the date the loan is fully disbursed. For
Consolidation loans, repayment begins on the date the loan is disbursed.
Repurchase (of a
Claim): A lender’s purchase back from the guarantor of a loan on which
a claim was filed and paid, if that purchase occurs more than 30 days after the
lender receives the claim payment .
Return of Title IV
Funds: The federally mandated process by which a school calculates the
amount of federal funds to be returned for a Title IV aid recipient who
withdraws or who ceases attendance during a payment period or period of
enrollment. The calculations may result in a reduction of the student’s Title IV
loan and grant aid to reflect the percentage of the payment period or period of
enrollment that the student attended, if he or she attended 60% or less of the
period. Based on these calculations, the school and the student may be required
to return “unearned” federal assistance.
Rolling
Delinquency: A delinquency that occurs whenever the delinquent status
of a loan is increased or reduced but not completely eliminated as result of a
payment, the reversal of a payment, a deferment or forbearance, or the receipt
of a new out-of-school date.
Rule of 78s: A
procedure for calculating the outstanding principal balance of a loan that is
prohibited for loans made to a borrower who entered repayment on or after June
26, 1987. Seventy-eight is the sum of the digits from one to twelve (the number
of months in a one-year installment contract).
top^
SAP: See Satisfactory Academic
Progress.
SAR: See Student Aid Report.
SAY: See Scheduled Academic Year.
Satisfactory
Academic Progress: The level of academic progress required of a student
by the Higher Education Act in order to receive Title IV aid, including Federal
Stafford, PLUS, or SLS loans. Each school must establish a standard for
evaluating a student’s efforts to achieve an educational goal within a given
period of time. In making this evaluation, the school must establish the normal
time frame for completion of the course of study in which the student is
enrolled, and a method, such as grades or work projects completed, to measure
the quality of the student’s performance. Students enrolled in an undergraduate
program who are enrolled beyond the school’s maximum time frame for program
completion are not eligible for additional Title IV assistance. A school’s
maximum time frame for program completion cannot exceed 150% of the published
program length.
Satisfactory Repayment
Arrangement: A specified number of consecutive, on-time, voluntary,
reasonable and affordable full monthly payments made by a borrower to the holder
of any loan or loans in default. Satisfactory repayment arrangements may be
established by a borrower either to regain eligibility for Title IV funds or to
consolidate a defaulted loan. The loan holder’s determination of a “reasonable
and affordable” payment amount is based on the borrower’s total financial
circumstances. “Voluntary” payments are payments made directly by the borrower,
and do not include payments obtained by state offsets or federal Treasury
offset, garnishment, or income or asset execution. An “on-time” payment is a
payment received by the guarantor within 15 days before or after the scheduled
due date.
Scheduled Academic
Year: The “fixed” academic period, as published in a school’s printed
materials, that generally begins and ends at the same time each year according
to an established schedule. The SAY is the academic period to which the
statutory definition of an academic year must be applied and must meet the
statutory requirements of an academic year as defined by the Department. Schools
may not use a SAY for borrowers enrolled in clock-hour and non-term-based
credit-hour programs of study. The summer term may be treated as an add-on at
the beginning (leader) or end (trailer) of the SAY.
School: An institution of higher education, a
proprietary institution of higher education, or a postsecondary vocational
school declared eligible by the U.S. Department of Education to participate in
one or more Title IV programs. Some guarantors may require schools to complete a
separate agency-specific participation agreement. See Participating School.
School Lender: A
school, other than a correspondence school, that has been approved as a lender
under the FFELP and has entered into a contract of guarantee with the Department
or a similar agreement with a guarantor.
Secondary Market:
An entity that purchases education loans from eligible lenders in order to
increase the amount of funds available for education loans. The secondary market
obtains funds from investors and uses those funds to purchase existing education
loans from lenders. The lenders then use the proceeds of those sales to make new
education loans.
Servicer (or Third-Party
Servicer): An entity that enters into a contract with a program
participant to administer any aspect of its participation in a Title IV
program.
Shortage Area:
See Teacher Shortage Area.
Skip Tracing: Diligent
efforts to locate a borrower’s telephone number or address when such information
is unknown. See also Effective Commercial Skip
Tracing.
Social Security
Number: The 9-digit number assigned to the borrower by the Social
Security Administration. The SSN is used as an identifier for tracking the
borrower’s loan account(s), skip tracing, and reporting to the Department. A
borrower must have an SSN in order to apply for a FFELP loan.
Special Allowance:
A percentage of the daily average unpaid principal balance, paid to a lender by
the Department on an eligible Stafford, PLUS, SLS, or Federal Consolidation
loan. Special allowance payments act as an incentive for lenders to make
education loans by, in effect, making up the difference between the interest
rate charged to a FFELP borrower and market interest rates. The special
allowance rate is set by statutory formula.
Special
Occurrence: An event—such as the lender’s receipt of a borrower’s valid
address and/or valid telephone number—that affects the lender’s due diligence
requirements but does not change the payment due date of the loan.
SSN: See Social Security Number.
Stafford MPN:
See Federal Stafford
Loan Master Promissory Note.
Standard Repayment
Schedule: A repayment schedule under which the borrower pays the same
amount for each installment payment throughout the entire repayment period or
pays an amount that is adjusted to reflect annual changes in the loan’s variable
interest rate. The standard repayment schedule cannot exceed 10 years, excluding
in-school, grace, deferment, and forbearance periods.
State: A state of the Union, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Virgin
Islands, the Commonwealth of the Northern Mariana Islands, and the Freely
Associated States (the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau).
State Lender: In
any state, a single state agency or private not-for-profit agency designated by
the state that has been approved as a lender and that has entered into a
contract of guarantee with the Department or a similar agreement with a
guarantor.
Statement of Educational
Purpose: The borrower’s signed statement that any Title IV aid received
will be used only for education-related expenses at the school at which the
student is enrolled or accepted for enrollment.
Statutory Interest
Rate: The maximum annual interest rate (under the Higher Education Act)
that a lender may charge on a loan.
Student Aid Report: The paper output record
provided to the student by the Department’s Central Processing System that
includes information provided by the student on the Free Application for Federal
Student Aid. The SAR also contains student’s expected family contribution, and
the results of federal database matches. The electronic version that is sent to
the school is called an Institutional Student Information Record.
Student Status Confirmation
Report: See Enrollment
Reporting.
Subrogation: A
transfer in the ownership of a defaulted FFELP loan from a guarantor to the
Department. Loans to be subrogated must meet criteria established and revised
annually by the Department.
Subsidized Loan: A
loan eligible for interest benefits paid by the federal government. The federal
government pays the interest that accrues on subsidized loans during the
student’s in-school, grace, authorized deferment, and (if applicable)
post-deferment grace periods, if the loan meets certain eligibility
requirements.
Suspension:
Suspension of the eligibility of a school, lender, or servicer to participate in
a guarantor’s programs for a specified period of time until specified
requirements are met.
top^
T-bill: See Treasury Bill.
Teacher Shortage
Area: A federally designated geographic area, grade level, or academic,
instructional, subject matter, or discipline that has been classified as a
shortage area as defined by the Department.
Teach-Out Program:
A program of study offered by a school that is substantially similar to a
borrower’s program of study at a school that closed and ceased to provide
educational services during the borrower’s loan period.
Telecommunications
Course: A course offered during an award year that principally uses one
technology or a combination of technologies including television, audio, or
computer transmission, through open broadcast, closed circuit, cable, microwave
or satellite, audio conferencing, computer conferencing, or video cassettes or
discs. These technologies may be used to deliver instruction to students who are
separated from the instructor and to support regular and substantive interaction
between these students and the instructor, either simultaneously or at different
times. A course is not considered to be a telecommunications course if the
course is delivered using video cassettes or discs unless that same course is
also delivered to students who are physically attending classes at the school
providing the course during the same award year.
Term-Based School:
A school that uses standard academic terms, such as semesters, trimesters, or
quarters.
Termination:
Withdrawal of the eligibility of a school, lender, or servicer to participate in
the guarantor’s programs.
Third-Party
Servicer: In the case of a lender or guarantor, a state or private
for-profit or nonprofit organization or n individual that enters into a contract
with the lender or guarantor to administer any aspect of the lender’s or
guarantor’s FFELP as required by statutory or regulatory provisions related to
part B of Title IV of the Higher Education Act. In the case of a school, a state
or private for-profit or nonprofit organization or an individual that enters
into a contract with the school to administer any aspect of the school’s
participation in any Title IV program.
Three-Times
Rule: The federal requirement that no
single installment of a graduated or income-sensitive repayment schedule may be
more than three times greater than any other installment.
Title IV: A
section of the Higher Education Act of 1965, as amended, that authorizes federal
loan, work, and grant education financial assistance programs.
Totally and Permanently
Disabled: The condition of an individual who is unable to work and earn
money due to an injury or illness that is expected to continue indefinitely or
result in death.
Trailer, Summer
Term: A summer term that comes at the end of a school’s Scheduled
Academic Year.
Transfer: For
purposes of defining due diligence time frames, a transfer is any action (such
as the sale of a loan) that results in a change of the system used to monitor or
conduct collection activities on the loan.
Treasury Bill: A note or bill issued by
the U.S. Treasury as legal tender for all debts.
Treasury Offset: An interception by the United
States Treasury Department’s Financial Management Service or a state agency of
any payment of applicable federal funds (tax refunds, Social Security benefits,
federal retirement benefits, etc.) or state funds otherwise due a borrower who
has defaulted on a FFELP loan.
top^
Unconsummated Loan:
Loan proceeds that the school returned to the lender prior to the borrower’s
having cashed the check, if an individual check, or the school having applied
the proceeds to the student’s account, if included in a master check or EFT
transmission. This includes checks that may have been released by the school but
remain uncashed by the 120th day following disbursement and EFT and master check
transactions that have not been completed by the 120th day following
disbursement.
Undergraduate
Student: A student who is enrolled at a school in a course of study, at
or below the baccalaureate level, that usually does not exceed four academic
years, or is up to five academic years in length and is designed to lead to a
first degree.
Undue Hardship (Adversary
Complaint) Petition: A motion to have a loan discharged in a bankruptcy
case on the grounds of undue hardship.
Unknown Telephone
Number: The lack of any telephone number assigned to a particular
borrower, endorser, or reference.
Unsubsidized Loan:
A non-need-based loan such as an unsubsidized Federal Stafford loan or a Federal
PLUS loan. The borrower is responsible for paying the interest on an
unsubsidized loan during in-school, grace, and deferment periods, in addition to
repayment periods.
U.S. Citizen or
National: The term “citizen” includes all native or naturalized persons
who owe allegiance to the United States and are entitled to protection by it.
The U.S. includes the fifty states, the District of Columbia, Guam, Northern
Mariana Islands, Puerto Rico, and the Virgin Islands. The term “national”
includes all U.S. citizens and citizens of American Samoa and Swain’s
Island.
top^
Variable Interest Rate: An
interest rate that changes, usually annually, according to prescribed
methods.
Variable Interest Rate
Conversion: The conversion of a fixed interest rate to an annually
variable interest rate, which carries a federally mandated cap.
Verbal Request: A
request that is made orally, as opposed to in writing.
Verification: A
school’s procedure for checking the accuracy of information reported by the
student on the FAFSA. Verification may include requesting a copy of the tax
returns filed by the student and, if applicable, the student’s parents.
top^
Week of Instruction: Any period of 7
consecutive days in which the school provides at least one day of regularly
scheduled instruction or examinations, or, after the last scheduled day of
classes for a term or payment period, at least one day of study for final
examinations. Instructional time does not include periods of orientation,
counseling, vacation, or homework.
Windfall Profits: Rebate
of excess interest for Stafford loans first disbursed before July 1, 1992, or
first disbursed to a “new borrower” on or after July 23, 1992, and before
October 1, 1992, as required by the Technical Amendments of 1993. If a loan’s
fixed interest rate exceeds the current average of bond equivalent rates of
91-day Treasury bills plus a factor (3.25% or 3.10%) for a particular quarter,
the lender must calculate an adjustment to excess interest and rebate the
difference to the borrower’s account based on a federally prescribed
formula.
Withdrawal Date:
The date the student withdraws, as determined by the school. The requirements
that the school must follow for determining the student’s withdrawal date depend
upon whether the school is required to take attendance.
Write-Off: A loan
amount for which there has been a total cessation of collection activity.
top^