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Highlights of General-Provisions NPRM
In summary, general-provisions regulations make changes
to the following:
Revised regulations redefine the following terms and/or
consolidate and create consistent definitions for the following terms:
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Professional degree.
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Full-time student.
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Graduate and professional student.
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Half-time student.
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Period of enrollment.
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Substantially equal in length.
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Successfully completes.
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Three-quarter-time student.
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Undergraduate student.
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Payment period.
Additional highlights of the new general-provisions
rules include:
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Returning undelivered loan funds.
If the school attempts to deliver Federal Family Education Loan Program funds
to the borrower via check, and the check is not cashed, or if the school
attempts to deliver FFELP funds to the borrower via EFT, and the EFT is
rejected, the school must return those funds to the lender within 240 days of
the date the check was issued.
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Canceling the loan. The
school must return the loan proceeds to the lender or cancel the loan, or both,
if the school receives a loan-cancellation request from the borrower by the
later of the first day of the payment period or 14 days after the date
the school notifies the borrower of the borrower’s right to cancel all or a portion
of the loan, if the school obtains affirmative confirmation from the student.
The school must return the loan funds within 30 days of the date the school
notified the student- or parent-borrower of the right to cancel the loan if
the school does not obtain affirmative confirmation from the student.
Affirmative confirmation is a process by which the school obtains written
confirmation from the student of the types and amounts of Title-IV loans that
the student wants for the award year.
- Opening a bank account for the
student. The school can require its students to provide bank-account
information to open an account at the bank of the student’s choice. If the
student does not comply, the school still must deliver loan funds to the
student within any applicable regulatory time frames, but may not require that
a borrower open a bank account. If the school opens a bank account on the
borrower’s behalf, sets up a process in which the borrower can open the
account, or assists the borrower in opening the account, the school must
obtain the borrower’s written consent to open the account; ensure that the
borrower does not incur any costs in the use of that account for in receiving
any debit card, stored-value card, or other type of card to access the funds
in that account; and ensure that the student has convenient access to the bank
or a branch or ATM of that bank.
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Crediting the student’s account for
charges. The school can credit the student’s school account with
FFELP-loan funds to pay for the following current-year charges: tuition; fees;
and room and/or board, if the student contracts with the school for room
and/or board. The school also can pay for other educational charges if it
obtains the borrower’s authorization, and may pay prior-year charges of no
more than $200 for tuition, fees, room and/or board, or, with borrower
authorization, other educational charges.
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Delivery time frames. The school
must, except in the case of a late delivery, deliver FFELP-loan funds once
each payment period to a student who is enrolled and otherwise
eligible.
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Late delivery. The school may not
make a late delivery of FFELP-loan funds more than 180 days after the date the
school determines the student withdrew or became ineligible. The regulations
eliminate the option to request an exception to the late-delivery rules,
resulting in a loss of funding to the student if the school does not deliver
the loan funds within the 180-day time frame.
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Post-withdrawal disbursement. The
school must make a post-withdrawal disbursement from available grant funds
before it can make one from available FFELP-loan funds. If the student has
outstanding charges with the school, and the school will credit the student’s
account with FFELP- loan funds, it first must obtain confirmation that the
borrower still wants the funds to be disbursed. The school must notify
the borrower, within 30 days of its determination that the student withdrew,
of any funds the school wishes to credit to the student’s school account or
directly deliver to the student- or parent-borrower as a post-withdrawal
disbursement.
- Re-entering the same program of
study. If a student withdraws from a nonterm credit-hour or
clock-hour program during a payment period and re-enters the same program
within 180 days, subject to ED, guarantor or lender conditions, the student
remains in the same payment period and continues to be eligible for the
Title-IV funds for which the student was eligible prior to
withdrawal.
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Minimum period of enrollment. The
minimum period of enrollment for which a school may certify a loan is: a
single term, if the school measures progress in credit hours and uses a
semester, trimester or quarter-based system or has other terms that are
substantially equal in length in which no term is less than nine weeks long;
or the student’s program (or remaining portion of the student’s program), or
the academic year, whichever is less, if the school measures progress in clock
hours or uses credit hours but does not have terms that are substantially
equal in length in which no term is less than nine weeks long.
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Excused absence. The school may
include clock hours for which the student has an excused absence in its
determination of the student’s successful completion of clock hours in the
payment period, if the school has a written policy permitting excused
absences, and those absences fall within specific tolerances.
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Notifying the student of loan funds to be
delivered. Before a school can deliver any FFELP funds to the student
directly or credit funds to the student’s school account, it must notify the
student of the amount of funds the student can expect to receive from each
program, how and when the funds will be disbursed or delivered, and for FFELP
loans the separate subsidized and unsubsidized amounts. Except for a
post-withdrawal disbursement, if loan funds are credited to the student’s
school account, the school must notify the student/parent of the anticipated
date of disbursement/delivery, and of the student’s/parent’s right to cancel
all or any portion of the loan and of the process and deadline by which the
borrower must notify the school to cancel the disbursement.
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Borrower notification to the
school. The student or parent FFELP borrower must inform the school
if the borrower wishes to cancel all or any portion of a loan, and the school
must inform the borrower of the outcome of any cancellation
request.
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Student fails to attend. If a
student does not begin attendance (the school cannot document the student’s
attendance in one class in that period), the school must return any FFELP
funds that were credited to the student’s school account for that period, and
any amounts paid to the school directly by the student or on the student’s
behalf, up to the full amount disbursed for the period of enrollment. If the
school was not aware that the student would not begin attendance when it
delivered funds directly to the student, it must inform the lender so that a
final-demand letter can be sent to the borrower. If the school knew the
student would not begin attendance before it directly delivered funds to the
student, the school is required to return those funds to the lender. The
school must return any funds as required within 30 days after the date the
school learns the student will not begin or has not begun
attendance.
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