Program Integrity Final Rule Published 10-29-2010

This page provides the integration of both the old and new regulations and a side-by-side analysis of the final regulatory changes, all of which have been completed by the NCHELP Regulations Committee. Also, for your convenience, the NPRM and the Final Rule from the Federal Register are included here as well as the participant materials from the Department of Education's Regulatory Update 2011 Training Workshops (this is a large file containing the agenda and all six modules; therefore, it could take a few minutes to download).

Final regulations regarding Gainful Employment - Debt Measures were published in the Federal Register on June 13, 2011, and become effective on July 1, 2012. The NCHELP Regulations Committee developed and made available a side-by-side analysis of these recently issued gainful employment regulations. This document is currently in the discussion draft phase, but will be updated as additional guidance becomes available. The Department of Education also has a Web page that contains all gainful employment Dear Colleague Letters and Electronic Announcements. Visit the Department's Gainful Employment Information Page for the complete listing of announcements.

Also visit the Department of Education's Program Integrity Information - Questions and Answers Web page for more information.

The NCHELP Regulations Committee has also prepared individual training modules to help explain the changes that are generally effective July 1, 2011, with the exception of "Verification" which is not effective until July 1, 2012. These training modules are available in the e-Library located on NCHELP's Web site.

SLGFA has developed a series of articles to assist financial aid administrators with interpretation and implementation of the Final Rules. The seven articles below provide a summary of those regulatory changes outlined in the Final Rule. However, readers should refer to the Final Rule to resolve any questions regarding these new regulatory requirements.

1.  Validity of High School Diploma
2.  Ability to Benefit
3.  Disbursement
4.  Retaking Coursework
5.  Satisfactory Academic Progress
6.  Credit Hour and Clock Hour  (**Note:  To access the PowerPoint slides with presenter's notes from the credit hour/clock hour session presented by Rita Toland at the 2011 Spring AASFAA Conference, click here)
7.  Written Agreements Between Eligible Institutions

On April 13, 2011, corrections to the October 29 final regulations were published. Corrections were made in both the preamble discussion and the regulatory text.

 

Dear Colleague Letters

GEN-11-14:  Guidance on one area of the final regulations published on October 29, 2010, addressing program integrity issues:  Return of Title IV Funds

GEN-11-12:  Guidance on Federal Student Aid eligibility for students enrolled for a trail period that leads to enrollment as a regular student

GEN-11-11:  Guidance on State authorization in the context of distance learning under the Program Integrity regulations

GEN-11-10:  Guidance on new requirements for institutions that offer educational programs that prepare students for gainful employment in a recognized occupation

GEN-11-08:  Guidance for institutions utilizing ATB testing under current and new regulations for students for whom English is not their native language, and who are enrolled in a program taught in their native language

GEN-11-06:  Guidance to institutions and accrediting agencies regarding a credit hour as defined in the final regulations

GEN-11-05:  Guidance on State authorization, incentive compensation, and misrepresentation