consumer information requirements. disclaimer the information provided during this webinar is just a...
TRANSCRIPT
Consumer Information Requirements
Disclaimer
The information provided during this webinar is just a portion of what is covered in the Consumer Information Requirements
To ensure your campus is in compliance, please review GEN-08-12, the FSA Handbook, and other guidance from the U.S. Department of Education (ED)
Background
• Disclosures are in two broad categories:
Non-Loan-Related Disclosure:• Availability of
Institutional and Financial Aid Information
• Student Financial Assistance
• General Institutional Information
• Health and Safety• Student Outcomes• Intercollegiate
Athletic Program• Voter Registration
Background
• Disclosures are in two broad categories:
Disclosure Requirements Relating to
Education Loans: • HEA disclosure requirements that are
related to Title IV, HEA program loans, and private education loans
Challenges
• Understanding the details– The original law had 432 pages– Interpreting the regulations can be
difficult
• Multiple offices on campus have areas of responsibility under the regulations– When one office makes a change, it
impacts what you do in your office
Challenges
• Who you notify depends on the statute• How you notify your students depends
on the statute
Importance of Compliance
• Civil penalty– In addition to limiting, suspending, or
terminating the participation of any school that fails to comply with the consumer information requirements, the Department may impose civil fines of up to $27,500 for each violation
HEA Sec. 487(c)(3)(B) 34 CFR 36.2
We Will Review
Notice of availability of institutional and financial aid information
Student outcomes
Loan Counseling
Misrepresentation
Health and safety
Tips and resources
Who Receives the Disclosures
Currently enrolled students and current employees
Institution’s annual campus security report (34 CFR 668.46)
Currently enrolled students
Notice about information and the availability of:
1. Financial assistance available to enrolled students
2. Information on the school 3. School’s completion, graduation,
and, if applicable, transfer-out rates
4. Student’s rights under FERPA 5. Athletic program participation
rates and financial support Source: FSA Handbook, 2009-10, Vol 2
Who Receives the Disclosures
Everyone who requests information about employment at the school
Notice about availability of the campus security report
Prospective students 1. Financial assistance available 2. Information on the school 3. Student’s rights under FERPA 4. Availability of campus security
report 5. School’s completion, graduation,
and, if applicable, transfer-out rates
6. Athletic program participation rates and financial support
Source: FSA Handbook, 2009-10, Vol 2
Who Receives the Disclosures
Prospective athletes and their parents, high school coaches, and guidance counselors
A school that is attended by students receiving athletically-related student aid must produce a report on the completion and graduation rates of student-athletes 34 CFR 668.48
Faculty, students, and employees
Drug and alcohol prevention information
General public A school that participates in any FSA program and has an intercollegiate athletic program must provide a report on athletic program participation rates and financial support 34 CFR 668.47
Source: FSA Handbook, 2009-10, Vol 2
Important to Note
• Unless otherwise indicated, the following disclosures apply to or are required of all institutions participating in Title IV HEA Student Financial Aid Programs
Notice of Availability and Contact Information for Institutional and Financial Aid Information
Notice of Availability of F.A.
• Notice must be distributed to each enrolled student annually– List and briefly describe the information– Include statement of procedures
required to obtain the information – If the notice is disclosed on
the web, it must include:• Exact electronic address• Statement that the institution
will provide a paper copy upon request
34 CFR 668.41(b) & (c)
Contact Information
• Must be made available to:
• Include how and where to contact staff
34 CFR 668.43, 34 CFR 668.44
Prospective students
Enrolled students
Institutional informationFinancial aid information
General Institutional Information
Financial Aid Information
• Information must include:– Federal, state, local,
private, and institutional student financial aid available to those who enrollNeed-based
Non-need-based
34 CFR 668.42
Federal Loans
• Information must include:– Terms and conditions of Title IV loans– Selection criteria for awards– Amount determination of awards– Eligibility requirements– Application procedures– Disbursements
34 CFR 668.42
Loan Counseling Information
• Information must include:
34 CFR 668.42
Rights and
responsibilitie
s
Criteria for
continued
eligibility
Standards for satisfactory academic progressLoan details
Private Loans
• HEOA institutional and private loan disclosures and requirements ensure: An informed student loan borrower
• Borrower choice of lender• Transparency and high ethical standards
in the student lending process• Selection of preferred lender based on
best interest of borrowers
Private Loans
• GEN-08-06 guidance applies to private education loans: Covered institution not considered in a preferred lender arrangement if it provides borrowers with neutral, comprehensive list of private education lenders that have made loans within a 3-5 year time period and a statement that borrower can choose any lender
• Covered institution cannot recommend any lender and may include a comparison of the private lenders terms & conditions.
Financial Aid Information
• Penalties for drug law violations• Information provided to each student
in separate written notice– Advises student that conviction under
federal or state law for any offense involving the possession or sale of illegal drugs will result in loss of eligibility for any Title IV grant, loan, or work-study
HEA Sec 485(k)
Financial Aid & Drug violations
– If eligibility is lost:• Student must be notified in separate, clear,
and conspicuous written notification about– Their loss of eligibility– Ways in which they can regain eligibility
HEA Sec 485(k)
Penalties for drug law violations
Privacy of Student Records: FERPA
• Family Educational Rights and Privacy Act
• Annual notification regarding education records– Right to review– Right to request amendment– Right to consent to disclosures of
personally identifiable information– Right to file complaint with ED– School’s policy regarding disclosures
to school officials with legitimate educational interest (if applicable)
34 CFR 668.41, 34 CFR Part 99
FERPA
• To disclose directory information without prior consent, must provide to students a list of what is considered “directory information” that includes:– Types of information– Student’s right to opt out
• Time period student has to notify school in writing
34 CFR 668.41, 34 CFR Part 99
FERPA
• Can be distributed by any means reasonably likely to inform students of their rights
• Applies to all institutions receiving funds from any ED program
34 CFR 668.41, 34 CFR Part 99
Facilities and Services for Students with Disabilities
• Each institution must make available to prospective and enrolled students information about facilities and services available to students with disabilities, including students with intellectual disabilities
34 CFR 668.43(a)(7)
Student Diversity
• Must make available to current and prospective students information about student body diversity, including the percentage of enrolled, full-time students in the following categories:
HEA Sec. 485(a)(1)
MaleFederal Pell grant recipients
Femal
eSelf-identified members of
a major racial or ethnic group
Cost of Attendance
• Includes:
34 CFR 668.43
Tuition
and feesBooks andsupplies
Room
and board
Transportation
costs
Any additional
costs
Net Price Calculator
• Must be available on a school’s website by October 29, 2011
• Templates are available from ED• Schools can develop their own
calculator, but it must have the same elements as ED’s calculator
• More information can be found at http://nces.ed.gov/ipeds/news_room/ana_netprice_1029.asp
HEA Sec. 132(h)
Refund Policy, Requirements for Withdrawal, and Return of Title IV Financial Aid
• Each institution must make available to prospective and enrolled students information about:– The institution’s refund policy– Requirements and procedures for official
withdrawal– Requirements for return of Title IV,
HEA grant, or loan aid
34 CFR 668.41(a)-(d)
34 CFR 668.43
Textbook Information
• Must be disclosed on the course schedule
• For each course, include the International Standard Book Number (ISBN) and retail price information for:– Required textbooks– Recommended textbooks– Supplemental materials for each course
HEA Sec. 133
Information for College Bookstores
• Upon request, include:– Course schedule for the
subsequent academic period– Information provided for students
under textbook information– The number of students enrolled in
each course or class– Maximum enrollment for each
course or class
HEA Sec. 133
Educational Program and Instructional Facilities
• Educational program – Current degree programs– Other educational and training programs
• Instructional facilities – Instructional– Laboratory– Other physical plant related
to the academic program
34 CFR 668.43
Educational Program and Instructional Facilities
• Faculty and other instructional personnel
• Any plans for improvement• Transfer of credit policies and
articulation agreements– Must disclose criteria– Provide a list of schools where there
is an articulation agreement
34 CFR 668.43
Accreditation, Approval, and Licensure of Institution and Programs
• Must make available – Names of the associations, agencies, or
governmental bodies • Any that accredit, approve, or license
– Procedures for obtaining or reviewing documents
34 CFR 668.43(b)
Copyright Infringement—Policies and Sanctions
• Unauthorized distribution– Includes unauthorized peer-to-peer file
sharing
• Summary of penalties• School’s policies
– Provide an explicit statement that unauthorized distribution or peer-to-peer sharing may subject students to civil and criminal liabilities
34 CFR 668.43(a)(10)
College Navigator
• A free consumer information tool designed to help students, parents, high school counselors, and others get information about colleges and universities
• Must be available as a link on the school’s website– URL is obtained through National Center
for Education Statistics (NCES)
HEA 132 (i)(1)
Student Outcomes
Retention Rate
• Schools must make known their institution’s retention rate as reported to the Integrated Postsecondary Education Data System (IPEDS)
• In the case of a request from a prospective student, the information must be made available prior to the student enrolling or entering into any financial obligation with the institution
34 CFR 688.41(d)
Completion/Graduation and Transfer-out Rates
• Must make annually available:– The completion or graduation rate of
certificate or degree-seeking, first-time, full-time undergraduate students
34 CFR 668.45(a)
Completion/Graduation and Transfer-out Rates
• Must make annually available:– Data to be available by July 1 each year for
most recent cohort with 150% of normal time completion by August 31 of the prior year
34 CFR 668.45(a)
NOTE: Normal time is the amount of time necessary for a student to complete all requirements for a degree or certificate according to the institution’s catalog, typically: •Four years for a bachelor’s degree in a standard term-based institution•Two years for an associate degree in a standard term-based institution•The various scheduled times for certificate programs
Completion/Graduation and Transfer-out Rates
• If information is requested by a prospective student, it must be made available prior to student enrolling or entering into any financial obligation
• If the school’s mission includes providing substantial preparation for students to enroll in another Title IV-eligible institution, then the school must disclose a transfer-out rate for each cohort
34 CFR 668.45(c)
Completion/Graduation and Transfer-out Rates
• Exclusions– Students who leave due to:
• Armed forces• Official church missions• Federal foreign aid service• Death• Total and permanent disability
34 CFR 668.45(d)
Completion/Graduation and Transfer-out Rates
• Exclusions– If the exclusions represent 20% or
more of the certificate or degree-seeking, full-time undergraduates• They may be included in completion/
graduation rate calculations• Allow for the time they were not enrolled
(due to service) by adding that time to the 150% of normal time used in the calculations
34 CFR 668.45(d)
Completion/Graduation and Transfer-out Rates
• Completion or graduation rates must be disaggregated by:– Gender– Major racial and ethnic subgroup
(as defined in IPEDS)– Recipients of a federal Pell grant
34 CFR 668.45(a)
Completion/Graduation and Transfer-out Rates
• Completion or graduation rates must be disaggregated by:– Recipients of a subsidized Stafford loan
who did not receive a Pell grant– Students who did not receive either a Pell
grant or a subsidized Stafford loan• Include students who received either a grant
or a loan during the period used for determining the cohort—fall term or full year
34 CFR 668.45(a)
Completion/Graduation and Transfer-out Rates
• Disclose only if the number of students in each is sufficient to yield statistically reliable information
• Cannot reveal personally identifiable information
• Effective 2011–12, this also applies to two-year degree-granting institutions
34 CFR 668.45(a)
Completion/Graduation and Transfer-out Rates
• For students receiving athletically-related student aid– Information reported by July 1 each year – School’s responsibility is satisfied if:
• School is a member of a national collegiate athletic association;
• The association compiles data on behalf of its member institutions, which data ED determines is comparable to what’s required; and
• The association distributes the compilation to all secondary schools in the United States
34 CFR 668.45(f)
Placement in Employment
• Must make available to current and prospective students the placement of, and types of employment obtained by, graduates of the institution’s degree or certificate programs – Identify source of placement information– Identify any timeframes and associated
methodology
34 CFR 668.41
Job Placement Rates
• In the case of an institution that advertises job placement rates as a means of attracting students to enroll in the institution, it will make available to prospective students, at or before the time that those students apply for enrollment– The most recent available data
concerning employment statistics, graduation statistics, and any other information necessary to substantiate the truthfulness of the advertisements; and
34 CFR 668.14(b)(10)
Job Placement Rates
– Relevant state licensing requirements of the state in which the institution is located for any job for which an educational program offered by the institution is designed to prepare those prospective students
34 CFR 668.14(b)(10)
• In the case of an institution that advertises job placement rates as a means of attracting students to enroll in the institution, it will make available to prospective students, at or before the time that those students apply for enrollment
Voter Registration
• Each school must:– Make a “good faith” effort to distribute a
voter registration form to each student enrolled in a degree or certificate program and physically in attendance
• Make it widely available– Can distribute it electronically– Can provide Internet address where it can be downloaded
from• Request the forms from the state at least 120 days prior
to the deadline to register• Only applies to states that have a voter registration
requirement
34 CFR 668.14(d)
Misrepresentation
Misrepresentation
• Any false, erroneous, or misleading statement made to a student or prospective student, to the family of an enrolled or prospective student, or to ED– This includes disseminating testimonials
and endorsements given under duress
Substantial Misrepresentation
• Any misrepresentation on which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that person’s detriment
Nature of Educational Program
• Includes false or misleading statements regarding the school’s:
34 CFR 668.46
– Accreditation– Transfer credits– Courses– Size, location, facilities, or equipment– Faculty
Nature of Educational Program
• Includes false or misleading statements regarding the school’s:
34 CFR 668.46
– Availability of financial assistance, including employment
– Tutoring and other supplementary assistance
– Prerequisites
Nature of Financial Charges
• Includes, but is not limited to:– Offers of scholarships to pay course
charges– Whether a particular charge is the
customary charge
Employability of Graduates
• Includes, but is not limited to false, erroneous, or misleading statements regarding:– Connection to any organization leading
directly to employment– Placement services for graduates– Job market statistics
Health and Safety
Drug and Alcohol Abuse Prevention Program
• Annually distribute to each student and employee:– Standards of conduct– Sanctions– Health risks– Counseling, treatment, rehabilitation,
or re-entry programs
34 CFR 86.100
Drug and Alcohol Abuse Prevention Program
• Make available, upon request, to the public and ED the information provided to students and employees and the results of a biennial review
34 CFR 86.100
Vaccinations Policy
• Schools must make information available regarding institutional vaccination policies– Current and prospective
students
HEA Sec. 485(a)(1)
Security Report
• Must be distributed by October 1 each year– If distributed via the web, include a
statement that contains:• Availability of the report• Exact electronic address• Brief description of contents• Statement that the school will provide
a paper copy upon request
34 CFR 668.41(e)
Security Report
• Report must contain information including policies regarding:– Reporting criminal actions or
emergencies– Making timely warning reports
• Include list of titles of persons or organizations to whom criminal offenses should be reported
34 CFR 668.46(b)
Security Report
• Report must contain information including policies regarding:– Preparing annual disclosure– Security and access – Statement about policies or procedures
for confidential crime reporting for victims or witnesses (if applicable)• Includes any procedures for pastoral
or professional counselors
34 CFR 668.46(b)
Security Report
• Report must contain information including policies regarding: – Law enforcement authority of campus
security and relationship with state and local authorities
– Programs to inform students and employees
– Monitoring and recording– Possession, use, and sale of alcohol and
enforcement of federal and state laws
34 CFR 668.46(b)
Security Report34 CFR 668.46(b)
• Report must contain information including policies regarding:– Description of alcohol or drug abuse
programs– Statement regarding state sex offense
registry – Policy regarding campus sexual assault
prevention programs– Procedures to be followed if a sex
offense has occurred
Security Report
• Emergency response and evacuation procedures– Must include a statement of policy
regarding its emergency response and evacuation procedures in the annual security report
34 CFR 668.46(g)
Security Report
• Timely warning reports– An institution must, in a manner that is
timely and aids in the prevention of similar crimes, report to the campus community on crimes that are:• Considered by the institution to represent
a threat to students and employees
34 CFR 668.46(e)
Security Report
• Not required to provide a timely warning with respect to crimes reported to a pastoral or professional counselor
34 CFR 668.46(e)
Security Report
• An immediate threat to the health or safety of students or employees occurring on campus– Schools must follow its emergency
notification procedures (schools that follow its emergency notification procedures are not required to issue a timely warning based on the same circumstances; however, the school must provide adequate follow-up information to the community as needed)
34 CFR 668.46(e)
Security Report: Crime Log
Schools that maintain a campus police or a campus security department must maintain a written, easily understood daily crime log that records, by the date the crime was reported, any crime that occurred on campus, on a non-campus building or property, on public property, or within the patrol jurisdiction of the campus police or the campus security department and is reported to the campus police or the campus security department
Security Report: Crime Log
• Schools must make an entry or an addition to an entry to the log within two business days of the report of the information to the campus police or the campus security department, unless that disclosure:– Is prohibited by law– Jeopardizes the confidentiality of the victim – Jeopardizes an ongoing criminal investigation
or the safety of an individual – Causes a suspect to flee or evade detection– Results in the destruction of evidence
34 CFR 668.46(f)
Fire Safety Report and Fire Log
• A school that maintains on-campus student housing must maintain a fire log that records, by the date that the fire was reported, any fire that occurred in an on-campus student housing facility
34 CFR 668.48
Fire Safety Report and Fire Log
• A school must make the fire log for the most recent 60-day period open to public inspection during normal business hours– Any portion of the log older than 60 days
must be made available within two business days of a request for public inspection
• A school must make an annual report to the campus community on the fires recorded
34 CFR 668.48
Fire Safety Report and Fire Log
• Beginning by October 1, 2010, an institution that maintains any on-campus student housing facility must prepare an annual fire safety report – If distributed via the school’s website, the
institution must provide a notice that includes:
34 CFR 668.49(b)
Statement of
report’s availabilityExact electronic addressBrief description of contentsStatement that a paper
copy
is available upon request
Fire Safety Report and Fire Log
• A school may publish its annual fire safety report concurrently with its annual security report only if the title of the report clearly states that the report contains both the annual security report and the annual fire safety report
• If a school chooses to publish the annual fire safety report separately from the annual security report, it must include information in each of the two reports about how to directly access the other report
34 CFR 668.49(b)
Fire Safety Report and Fire Statistics
• Fire statistics– Must be submitted to ED annually– An institution must report statistics for
each on-campus student housing facility, for the three most recent calendar years for which data are available
Information for Crime Victims about Disciplinary Proceedings
• Upon written request:– Disclose to alleged victim of any crime
of violence or a non-forcible sex offense• Results of disciplinary proceeding• If victim is deceased as a result, next of kin
of alleged victim must be provided• Applies to any disciplinary proceeding on or
after August 14, 2009
HEA Sec 487(a)
Tips and Resources
Suggested Organization
• Focus both on compliance and communication
• Develop a single web page on the institution’s website that provides hyperlinks to the HEA disclosure information
Source: http://nces.ed.gov/npec/
Suggested Organization
• Adopt a “three-click” approach• Use consumer-friendly labels and
language whenever possible, and avoid institutional/technical jargon
• Use a common set of content titles
Source: http://nces.ed.gov/npec/
Resources
http://ifap.ed.gov/qahome/fsaassessment.html
FSA Assessment tools
FSA Handbook Volume 2: Chapter 6
Common Manual
nces.ed.gov
Resources
Federal Register October 29, 2009
DCL GEN 08-12
Dear Colleague Letters
Resources
• The Office of Postsecondary Education (or OPE) administers the data collection and the Department of Education reporting for: – Campus Security – Equity in Athletics (intercollegiate athletic
program participation rates and financial support data)
– Title II, HEA Teacher Preparation Program Reports
