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WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber John U.S. Department of Educat

WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Page 1: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

WVASFAA Fall 2015 Conference

October 30, 2015

Federal Update

Amber JohnsonU.S. Department of Education

Page 2: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Introduction

• Amber Johnson

• Joined FSA in 2010

• Bleeds Black and Gold!

Page 3: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Page 4: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Sequestration

Page 5: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Sequestration

Page 6: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Sequestration

Page 7: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Page 8: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Interest Rates

• New rate structure applies to all loans first disbursed after June 30, 2013

• Annual fixed rates based on 10 Year T-Bill plus add-on

• Applies to loans first disbursed between July 1 and June 30

• Rate applies for the life of the loan

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Page 9: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Interest Rates 2015-2016Effective for loans first disbursed on or after July 1, 2015:

Undergraduate Students - Sub and Unsub• 4.29% (last year’s Sub and Unsub was 4.66%)• Add-on of 2.05% with cap of 8.25%

•Graduate students – Unsubsidized Loans only• 5.84% (last year’s Grad Unsub – 6.21%)• Add-on of 3.60% with cap of 9.5%

•PLUS Loans (parent and grad/professional)• 6.84% (last year’s – 7.21%)• Add-on of 4.60% with cap of 10.5%

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Page 10: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Page 11: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

National Default Rates

• On September 28, 2015 the Department released Cohort Default Rates (CDR) to all schools, both domestic and foreign, guaranty agencies, and lenders only

• Please don’t forget to review your CDR data and appeal as appropriate within the required time frames

• Time period for appeals begins on Tuesday, October 6, 2015

• Questions about default rates - contact [email protected] or call the Operations Performance Division Hotline at (202) 377-4259

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Page 12: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education
Page 13: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

National Default Rates

• This year schools will be subject to loss of eligibility based on a school’s 3-year rates

• Schools are subject to loss of eligibility if they have:- CDR greater than 30% for 3 years OR

- 2012 3-Year CDR greater than 40% for one year

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Page 14: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Page 15: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Breaking News! • 9/14/2015 EA – FAFSA Filing Changes

– Beginning with 2017-2018, the FAFSA cycle will begin October 1 instead of January 1

• 2017-2018 FAFSA filing will begin October 1, 2016• Gives more time to review, submit & update FAFSA data

– Beginning with 2017-2018, FAFSA income information will come from the “prior, prior year”

• 2017-2018 FAFSA will collect tax year 2015 income data• Reduces the use of estimated income and increases the use

of the Data Retrieval Tool (DRT)

More information coming soon. Stay tuned to IFAP!

9/14/15 Elec. Ann.15

Page 16: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Breaking News!

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When a Student Is Attending College (School Year)

When a Student Can Submit a FAFSA Which Year’s Income Information Is Required

July 1, 2015–June 30, 2016 January 1, 2015–June 30, 2016 2014

July 1, 2016–June 30, 2017 January 1, 2016–June 30, 2017 2015

July 1, 2017–June 30, 2018 October 1, 2016–June 30, 2018 2015

July 1, 2018–June 30, 2019 October 1, 2017–June 30, 2019 2016

Page 17: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Page 18: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

• Same verification items and Verification Tracking Groups to be verified as 2014-2015

• Applicant will remain in original 2015–2016 Verification Tracking Group for the entire 2015–2016 award year record

Federal Register published June 25, 2014GEN-14-11 published June 30, 2014EA November 24, 2014 – Suggested Text

2015-2016 Verification Overview

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Page 19: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

October 2, 2015 Electronic Announcement

• Alternative documentation allowed when tax filer RECENTLY requested but unable to obtain an IRS Tax Return Transcript using the IRS paper or on-line request process • No alternative documents for telephone requests • Exception not permitted for –

– transcripts unable to be obtained simply because the IRS has not had time to process the data due to a recent filing

– saying the "Get Transcript Online" tool is not available

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For 2015-2016 award year

Page 20: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

2015-2016 – Transcripts Unavailable

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Alternative documentation includes:– Signed copy of relevant 2014 IRS tax return

AND– Statement from tax filer, on or attached to the return, certifying

same data submitted to the IRS

AND– Communication from IRS stating request unsuccessful

– Letter from IRS (signed and dated by tax filer); or– Screen shot print (signed and dated by tax filer)

AND

– Completed and signed IRS Form 4506 T-EZ or 4506-T listing institution as third party – only send to IRS if doubt accuracy

Page 21: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

2016-2017 Verification – Overview

• Same data elements as for 2015-2016 award year

• Some modifications and clarifications to acceptable documentation

• In limited circumstances, an applicant’s Verification Tracking Group could change

• Resources– GEN-15-11– Federal Register Notice – June 26, 2015– Suggested Text – Coming soon!

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Page 22: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

2016-2017 Verification

Verification Tracking Group changes:•Verification Tracking Group V3 (Child Support Paid) has been removed

• Applicants placed in V1, V4, V5, and V6 must still verify child support paid and SNAP benefits if on ISIR

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Page 23: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

2016-2017 Verification

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Verification Tracking Group changes:•Applicants may be moved from previously assigned Groups V1, V4, and V6 to Verification Tracking Group V5

•Applicant is only required to verify the additional items in V5 that were not previously verified

Page 24: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

2016-2017 Verification

Verification Tracking Group changes:•Applicants moved to Verification Tracking Group V5

– If Title IV aid had been disbursed prior to receiving an ISIR with the new V5, and the applicant does not complete verification, the applicant is liable for the full amount of TIV aid disbursed for 2016-2017

– The institution is not liable for those previously made disbursements

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Page 25: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Page 26: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Changes in the Law

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• Consolidated and Further Continuing Appropriations Act of 2015 (Pub. L. 113-235) enacted 12/16/14• Changed section 484(d) HEA to allow a student who

does not have a high school diploma (or recognized equivalent), or who was not properly homeschooled, to be eligible for Title IV aid through ability to benefit (ATB) alternatives, but ONLY if the student is enrolled in an "eligible career pathway program”

• Any type of institution may offer eligible career pathway programs

• No requirement to offer eligible career pathway programs

Guidance - GEN-15-09

Page 27: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligible Students

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• Students enrolled in an eligible career pathway program, on or after July 1, 2014, (who are not HS graduates, properly homeschooled, or do not meet HS equivalent conditions) may be eligible to receive Title IV aid if meet one of the following ATB alternatives (484(d)(1)):• Passes an independently administered Department of

Education approved ATB test

• Completes at least 6 credit hours or 225 clock hours that are applicable toward a degree or certificate offered by the postsecondary institution

• Completes a State process approved by the Secretary• No State process has ever been sent for ED approval

Page 28: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligible Career Pathway Program

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• An eligible career pathway program (484 (d)(2)) must:• Concurrently enroll students in connected adult education and

eligible postsecondary programs;

• Provide students with counseling and supportive services to identify and attain academic and career goals;

• Provide structured course sequences that—

• Are articulated and contextualized; and

• Allow students to advance to higher levels of education and employment;

• Provide opportunities for acceleration for students to attain recognized postsecondary credentials, including degrees, industry relevant certifications, and certificates of completion of apprenticeship programs;

Page 29: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligible Career Pathway Program

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• An eligible career pathway program (484 (d)(2)) must:• Be organized to meet the needs of adults;• Be aligned with the education and skill needs of

the regional economy; and• Have been developed and implemented in

collaboration with partners in business, workforce development, and economic development

Page 30: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligible Career Pathway Program

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• Eligible career pathway programs contains 2 components: • an adult education component, and

• a Title IV eligible postsecondary program component

Page 31: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligible Career Pathway Program

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• Adult Education Component: academic instruction and education services below the postsecondary level that increase individual’s ability to:• Read, write, and speak in English and perform

mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized equivalent;

• Transition to postsecondary education and training; • Obtain employment

Same definition as Adult Education and Family Literacy Act, Title II of the Workforce Innovation and Opportunity Act

Page 32: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligible Career Pathway Program

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• Title IV eligible postsecondary program component: must meet definition of an eligible program under 34 CFR 668.8 in order for students enrolled in the eligible career pathway program to be eligible for Title IV aid• Includes all coursework of the TIV eligible

academic program

Page 33: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligible Career Pathway Program

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• An eligible career pathway program, as defined in section 484(d)(2) of the HEA, is not itself a TIV eligible program under 34 CFR 668.8 because it contains an adult education component that includes, by definition, coursework that is below the postsecondary level• An eligible career pathway program will never be submitted

to ED for approval• Will never appear on your ECAR

• The school must determine if a career pathway program meets the criteria as outlined in the law and GEN-15-09

• If necessary, must provide documentation to auditors and reviewers

Page 34: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligible Career Pathway Program

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Restrictions• May not include cost of the adult education

component of an eligible career pathway program in student’s Cost of Attendance (COA)

• May not pay for the cost of the adult education component using Title IV aid• only costs that can be included in COA are those

associated with the Title IV eligible postsecondary program component

Page 35: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligible Career Pathway Program

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Restrictions• Credit or clock hours associated with adult

education coursework cannot be incorporated into a student’s Title IV enrollment status, regardless of whether the institution considers the adult education coursework to be remedial• Remedial coursework associated with the Title IV

eligible postsecondary program component is eligible for TIV aid within normal remedial limits

– 30 semester hours; 45 quarter hours; 900 clock hours

Page 36: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligible Career Pathway Program

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• Career Pathway Program Definitions:• The definition of an eligible career pathway program under

section 484(d)(2) of the HEA may differ from definitions under the Workforce Innovation and Opportunity Act, and in other laws, including State and local laws

• A program that qualifies for funding under the Workforce Innovation and Opportunity Act or another law may not meet the definition of an eligible career pathway program in section 484(d)(2) of the HEA

• To provide Title IV aid to students under the ATB alternatives under the new law, an institution must ensure that its eligible career pathway program(s) meets the requirements under section 484(d)(2) of the HEA as described in GEN-15-09

Page 37: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligibility Timeframes

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• Student enrolled in an eligible career pathway program as of July 1, 2014, and who meets one of the ATB alternatives prior to July 1, 2014, may be awarded:

• Pell Grant, TEACH Grant, and Campus-Based aid beginning with 1st payment period of 14/15 in which student was enrolled

• DL can be awarded for entire loan period that includes 7/1/14

Page 38: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Eligibility Timeframes

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• Student enrolled in an eligible career pathway program as of July 1, 2014, and who meets one of the ATB alternatives on or after July 1, 2014, may be awarded:

• Pell Grant, TEACH Grant, and Campus-Based aid beginning with payment period in which student meets ATB alternative

• DL can be awarded for the entire loan period that includes the date when student meets the ATB alternative

Page 39: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Regular Pell Grants

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• Eligible student whose first enrollment in ANY Title IV eligible postsecondary program was before July 1, 2015, and who is enrolled in an eligible career pathway program in or subsequent to the 2015–2016 award year, is eligible for a Regular Pell Grant award

• Regular Pell Grant Payment and Disbursement Schedules for 15/16 published in GEN-15-02

Page 40: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Limited Pell Grants

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• Any student whose first enrollment in ANY Title IV eligible postsecondary program was on or after July 1, 2015, and is eligible under one of the ATB alternatives for enrollment in an eligible career pathway program, will ONLY be eligible for a Limited Pell Grant award

• Maximum limited Pell Grant amount for 15/16 is $4,860• Maximum regular Pell Grant amount for 15/16

is $5,775

Page 41: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Limited Pell Grants

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• IMPORTANT: Schools are responsible for determining student eligibility and the correct award amount for students who receive a Federal Pell Grant award under the Career Pathway Alternative Pell Grant Disbursement Schedules• At this time, COD does not contain these

schedules and there are no system edits on the Pell Grant award amount related to these schedules

7/9/15 Electronic Announcement

Page 42: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Pell Grant Determination

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• An institution must document its determination whether a student qualifies for a Limited Pell Grant award or a Regular Pell Grant award for 15/16 and beyond• Could include documentation from NSLDS

showing receipt of TIV aid or a transcript from a previous school demonstrating student enrolled in an eligible program at a Title IV institution

Page 43: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Additional Programs

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• If a student completes a career pathway program and then enrolls in a regular TIV eligible academic program, the student will not be eligible for additional TIV funds UNLESS they now have a high school diploma or equivalent

Page 44: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Page 45: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Gainful Employment - Regulations

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• Notice of Proposed Rulemaking (NPRM)• Federal Register - March 25, 2014• OPE Website with discussions and materials

associated with GE negotiated rulemaking:• http://www2.ed.gov/policy/highered/reg/

hearulemaking/2012/gainfulemployment.html

• Final Federal Register - October 31, 2014• Effective date - July 1, 2015• http://ifap.ed.gov/fregisters/attachments/FR103114Final.pdf

Page 46: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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The HEA provides that to be Title IV eligible an educational program must be offered by:

Generally, all non-degree programs must lead to gainful employment

A public or non-profit postsecondary educational institution and leads to a degree; or

Any institution and “to prepare students for gainful employment in a recognized occupation”

Generally, all programs at for-profit institutions must lead to gainful employment

Page 47: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

GE Programs

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• At proprietary institutions, ALL programs (degree and nondegree) are GE Programs except for –• Preparatory coursework necessary for enrollment in

a Title IV eligible program

• Approved Comprehensive Transition and Postsecondary Programs for students with intellectual disabilities; and

• A limited number of bachelor degree programs in liberal arts if the institution has been regionally accredited since October 2007 and the program has been offered by the institution since January 2009

Page 48: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

GE Programs

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• At public institutions and not-for-profit institutions, all NONDEGREE programs are GE Programs except for:• Programs of at least two years in length designed to be fully

transferable to a bachelor’s degree program where the institution does not confer a credential upon completion of the coursework

• Approved Comprehensive Transition and Postsecondary Programs for students with intellectual disabilities

• Preparatory coursework necessary for enrollment in an eligible program; and

• Teacher certification programs where the institution does not award a credential

Page 49: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Gainful Employment Measure

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• Debt-to-earnings (D/E) rates• Annual Earnings D/E rate• Discretionary Income D/E rate• Passing: Annual D/E < = 8% or Discretionary D/E < =

20%• Failing: Annual D/E > 12% and Discretionary > 30%• Zone: Annual D/E > 8% and < = 12% or

Discretionary D/E > 20% and <= 30%

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Page 50: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Gainful Employment Results

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• Program’s lose Title IV eligibility if:

• D/E measures – Fails in two out of three years

OR

• D/E measures - Fails or in the zone for four consecutive years

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Page 51: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

GE Reporting

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• Reported all Title IV students by July 31, 2015• Report 2008-09 through 2013-14 award years• Programs with Medical and Dental Residencies

report 2007-08 through 2013-14 award years

• Report future award years by October after end of the award year• Reported 2014 – 2015 Award Year by October 1,

2015

Page 52: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

GE Data to Report

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• Institutional, Program, Student Enrollment, and Student Financial Data – ONLY submit data on students enrolled in a GE

program

– ONLY submit data on Title IV aid recipients

– ONLY submit data for programs that exist as of 7/1/12• Schools must report data for GE programs that were

discontinued on or after July 1, 2012 and before July 1, 2015 for any of the award years 2008-2009 through 2013-2014, in which students received Title IV aid for enrollment in the programs

• 8/10/15 Electronic Announcement

Page 53: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Reporting – Students to include

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• All Title IV students enrolled in GE Programs • A student enrolled in more than one GE

Program must be reported separately for each program

• A student who ‘stopped out’ and re-entered the same GE Program during the same award year must be reported separately for each enrollment

• A student who was enrolled in the same GE Program during multiple award years must be reported separately for each award year

Page 54: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

GE Program Tracking

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• Gainful Employment Program Tracking Web page (NSLDS)• Listed under the ORG Tab• Provides a listing of the GE programs ED records show the

institution offers• Shows whether the institution has reported to NSLDS the GE

information for any required programs

• Resources– NSLDS Gainful Employment User Guide, Chapter 4

• http://ifap.ed.gov/ifap/byNSLDSType.jsp?type=NSLDS%20User%20Documentation

– “GE Program Detail Response Status Report” - provides GE data institution has reported to NSLDS

Page 55: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

GE Program Tracking - Corrections

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• GE EA #60 – September 4, 2015• GE programs listed were based in part on COD origination

information for 14-15 which indicated a program was GE• Many errors are program credential level code errors

• Errors must be corrected in NSLDS and COD accordingly• If Program Credential Level code in GE Program Tracking List

is not correct due to inaccurate COD reporting, select ‘I2’ (Program Was Not Title IV Eligible) for a status code

• Program Credential Level Code errors in COD can be corrected by sending maintenance record that contains updated values or by making appropriate updates to Program Credential Level codes online using COD Web site

Page 56: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Debt- to-Earnings Rate Calculation Process

Note: FSA Calculates & Validates each step before sending to schools

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Page 57: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Certifications

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• December 31, 2015 – Transitional Certifications Due • Signed by CEO, Chancellor, or equivalent

• Certifications renewed when institution recertifies Program Participation Agreement (PPA)

Page 58: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Certifications

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• Certify that each currently eligible GE Program is:• Approved by accrediting agency and State• Is programmatically accredited if that is required for

that profession in the state• Graduates qualify to meet educational prerequisites of

the licensing or certification exam required to work in the state, if any

Page 59: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

GE Certifications Resources

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• Electronic Announcement #54• Link to E-App: https://eligcert.ed.gov/• Email [email protected]

Page 60: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Disclosures Under New Final Rules

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• Through December 31, 2016, current disclosure requirements remain in effect• Occupations; Normal time to complete program; On-time

graduation rate for completers; Tuition & fees, books & supplies, room & board; Placement rate for completers (as determined by State or Accreditor methodology); and Median loan debt

• Institutions must comply with new disclosure requirements (October 31, 2014 Final Rules) beginning January 1, 2017•ED to conduct consumer testing and hold focus groups to determine new disclosure requirements and prepare new disclosure template

Page 61: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

GE Disclosure Resources

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• GE Disclosure Template http://www2.ed.gov/policy/highered/reg/hearulemaking/2009/negreg-summerfall.html– Requirement– Template application– Quick start guides – Bulk data file upload tool– Help desk: (855) 359-3697, [email protected]

Page 62: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Important Dates

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Page 63: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Additional GE Resources

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• GE Information Page on IFAP – Federal Register Notices; DCLs; Electronic Announcements;

FAQs; Webinars; Presentations; Resources

http://www.ifap.ed.gov/GainfulEmploymentInfo/indexV2.html

• NSLDS Gainful Employment User Guide• GEN-15-12 – GE regulatory overview • ANN-15-01 - Recorded Webinar – GE Reporting

Send questions to [email protected]

Page 64: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Page 65: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Negotiated Rulemaking

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Federal Register Notice – 8/20/15•Proposed regulation discussion:

– Procedures for a borrower to establish defense to repayment– Criteria the Department will use to identify acts/omissions of an institution that constitute defenses to repayment– Standards and procedures that ED will use to determine school liability for amounts based on borrower defenses– Effect of borrower defenses on school capability assessments

•Federal Register Notice – 10/20/2015 Negotiations Schedule– Session 1: January 12-14, 2016 – Washington D.C.– Session 2: February , 2016 – Washington D.C.– Session 3: March 16-18, 2016 – Washington, D. C.

Nominations Due November 19, 2015!

Page 66: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Revised Pay As You Earn (REPAYE)

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Negotiations held February - April, 2015; Committee reached consensus

NPRM published July 9, 2015; 30-day comment period ends August 10, 2015

Final regulations published on October 30

Early implementation in December 2015

Page 67: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Proposed Changes for REPAYE

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Extends the 10 percent payment cap to an additional 6 million loan borrowers

Creates a streamlined process to identify military service members who hold FFEL program loans and who are eligible for lower interest rates

Page 68: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Program Integrity “Proposed” Rules

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• Notice of Proposed Rule-Making (NPRM) published on May 18, 2015

• Main Topics:– Cash Management– Repeat Coursework– Clock-to-Credit Conversion (“clock hour

program definition”)

Page 69: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Final Rules – Direct PLUS Loans

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• NPRM published 08/08/14

• Final Rule published 10/23/14

• Federal Register Notice published 1/14/15 – New PLUS loan regulations

early implemented March 29, 2015

Page 70: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Adverse Credit History

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• One or more debts with total outstanding balance greater than $2,085 that are - – 90 or more days delinquent as of date of credit report; OR– have been placed in collection or charged off during two

years preceding date of credit report

OR• Subject of default, bankruptcy discharge, foreclosure,

repossession, tax lien, wage garnishment or write-off of a debt under title IV during the five years preceding date of credit report

Page 71: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Required PLUS Loan Counseling

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• PLUS loan counseling required for borrowers who have adverse credit history and successfully– document extenuating circumstances; OR– obtain an endorser (with no adverse credit history)

• Counseling – includes information on borrowers’ current loan indebtedness– provides estimated loan repayment amounts– describes ways to avoid delinquency and default– provides additional financial aid literacy information– provided by ED

Page 72: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

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Page 73: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Dear Colleague Letters

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GEN-15-03 – Federal Perkins Program•The authority to make Perkins loans to new borrowers ended September 30, 2015

– If prior to October 1, 2015, school makes the first disbursement of a Federal Perkins Loan to a student for the 2015-2016 award year, school may make any remaining disbursements of that 2015-2016 loan after September 30, 2015

Series of Perkins wind-down Q & As availablehttp://ifap.ed.gov/cbpmaterials/attachments/PerkinsQandAs.pdf

Page 74: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Dear Colleague Letters

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GEN-15-03 – Federal Perkins Program•Narrow “grandfathering” provision allows schools to make Perkins Loans to certain students through 9/30/2020, if:

– Student received at least one Perkins Loan disbursement on or before 6/30/15 (2014-2015 award year or earlier)

– Student enrolled at same institution where the last Perkins Loan disbursement was received

– Student enrolled in same academic program for which student received his or her last Perkins Loan disbursement

• first four digits of the program’s CIP code are identical• Applies to undeclared once academic program chosen

– Perkins Loan can be made only after student awarded all Direct Subsidized Loan aid for which student is eligible

Page 75: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Electronic Announcements

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4/22/15 – Processing Perkins Loan Assignments •New Perkins Loan Assignment System (PLAS)

– Submit multiple loans as a “batch file” or submit individual loans

– Securely upload supporting documentation (prom notes, etc.)

– Search, view, and edit submitted loan assignment information

– View Perkins reports of accepted/rejected loans for assignment

•Includes a draft version of the batch file layout process

9/21/15 –PLAS available– Must request access to the system (overview attached to EA)

– User guide available at https://efpls.com

– Questions: ECSI Perkins Loan Servicer (844.301.2620)

Page 76: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Dear Colleague Letters

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• GEN-15-18 – Protecting Student Information• Reminds institutions of higher education and their third-party

servicers of continuing obligations to protect data used in all aspects of administering Title IV FSA programs

• Ensure that all FSA applicant information is protected from access by or disclosure to unauthorized personnel according to several state and federal laws.

• Provides list of Industry standards and best practices

• Gramm-Leach-Bliley Act requires schools to ensure the security and confidentiality of customer records and information

• Institution remains liable for any action by its third-party servicersQuestions: [email protected]

Page 77: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Dear Colleague Letters

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• GEN-15-16 – Unaccompanied Homeless Youth Decisions• Reviews basic definitions, the application process, FAA

protocols and possible documentation • Remind institutions that they should limit any inquiry to whether

the applicant has been determined to be an unaccompanied youth who is homeless, or at risk of being homeless, rather than the reasons for the applicant’s homelessness (why)

• If student unable to answer “yes” to the homeless youth dependency questions, is determined to be an unaccompanied youth who is homeless or at risk of being homeless by the FAA, then the FAA must submit a FAFSA “correction” using the “Homeless Youth Determination” flag

Page 78: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Electronic Announcements

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9/8/15 – Clery Act 3rd Party Certifications•An institution is not required or expected to have any kind of Clery Act certification to comply with the Clery Act or the Department’s implementing regulations

•Moreover, we do not give any weight to any such certification if we review an institution’s compliance with the Clery Act

Page 79: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Dear Colleague Letters

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• GEN-15-10 – State Authorization• Final regulations were effective July 1, 2011

• ED provided for delays of implementation date (34 CFR 600.9(a) and (b)) so long as the State was establishing an acceptable authorization process effective by July 1, 2015

• The stay of these regulations ended June 30, 2015

• These regulations do not apply to distance programs, only to physical locations of an institution of higher education • If state officials have concerns - contact Sophia McArdle - (202)

219-7078; [email protected]• If school officials have concerns - contact your school participation

division (Philadelphia Office – 215-656-6442)

Page 80: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Dear Colleague Letters

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GEN-15-08 – Citizenship and Immigration Documentation•Process through which a school and student can confirm student’s citizenship or immigration status when student is unable to appear in person at school

– Confirmation of Eligible Noncitizen Status• If unable to provide original documentation (e.g. distance

education), school policy may permit students to photocopy, scan, or image immigration documents, and submit electronic images or paper copies to school

• Subsequently, the school must initiate paper-based secondary confirmation process using the G-845 form once documents received from noncitizen student

Page 81: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Dear Colleague Letters

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GEN-15-08 – Citizenship and Immigration Documentation

• Confirmation of U.S. Citizenship or U.S. National Status

• If unable to provide original documentation (e.g. distance education), school policy may permit students to photocopy, scan, or image citizenship documents, and submit electronic images or paper copies to school for confirmation

• NOTE: the G-845 secondary confirmation form is never used to confirm a student’s status as a U.S. citizen or national

Page 82: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Dear Colleague Letters

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GEN-15-08 – Citizenship and Immigration Documentation• Photocopying or Imaging

• Reproduction of these documents is lawful for limited purpose of applying for Title IV aid

• A school may provide additional guidance on how (e.g. time, place, and media) student should submit photocopies or other images of his or her documentation

• If the school chooses to allow a student to submit a hard copy or electronic image of an original document, school should have a process in place to ensure that a student is submitting an exact copy, such as an affidavit

– a sample copy of an affidavit is attached to the DCL

Page 83: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Dear Colleague Letters

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GEN-15-06 – Loan Counseling Requirements/Flexibilities

•Series of Q & As designed to discuss the statutory and regulatory requirements for entrance counseling as well as institutions’ flexibility to augment that counseling

•Two main regulatory premises:– Once borrower has completed required entrance counseling,

either at current institution or at previous institution, borrower cannot be required to participate in any subsequent counseling as a condition of receiving Direct Loans

– Borrower makes the decision of whether to borrow and how much to borrow (up to annual and aggregate limits), not the institution - except an institution may, on a case-by-case basis, deny or reduce a Direct Loan (34 CFR 685.301(a)(8))

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Dear Colleague Letters

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GEN-15-06 – Loan Counseling Requirements/Flexibilities

•For 1st-time borrowers required to go through entrance counseling, a school may:

– Add additional content, including tests or worksheets– Require attendance at workshops/presentations

•However, the additional information or steps cannot unreasonably impede the student from obtaining their loan in a timely manner

•A school may, on a voluntary basis, provide additional information beyond entrance counseling to certain groups of students as long as not discriminatory

Page 85: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Department of Education Contacts

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Research and Customer Care [email protected]

Reach FSA855.FSA.4FAA -- 1 number to reach 10 contact centers!Campus Based Call Center eZ-AuditCOD School Eligibility Service GroupCPS/SAIG Foreign Schools Participation DivisionNSLDS Research and Customer Care CenterG5 Nelnet Total & Permanent Disability Team

Page 86: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Training

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• ANN-14-15; ANN-14-18; ANN-14-19; ANN-14-26 - Online training modules – Institutional Eligibility; Completing the FISAP; Consumer Information and R2T4• available on FSA E-Training Website - fsatraining.info

• 2014 FSA Training Conference presentations/recordings• fsaconferences.ed.gov

Page 87: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Training

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• 2015 FSA Training Conference • Tuesday, December 1 –

Friday, December 4, 2015

• Mandalay Bay, Las Vegas, Nevada

• Conference and lodging registration is now open

• fsaconferences.ed.gov

Page 88: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Training Feedback

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To ensure quality training we ask all participants to please fill out an online session evaluation

•Go to https://www.surveymonkey.com/s/AmberJohnson

– Evaluation form is specific to Trainer Name

•This feedback tool will provide a means to educate and inform areas for improvement and support an effective process for “listening” to our customers

•Additional feedback about training can be directed to [email protected]; 409-579-3776

Page 89: WVASFAA Fall 2015 Conference October 30, 2015 Federal Update Amber Johnson U.S. Department of Education

Questions?

Contact me with follow-up questions about this session:Amber Johnson-Federal Training [email protected]; 202-377-3369

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