October 29, 2010 Federal Register Pages 66832 thru 66975 (143 pages)
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Credit hour determination is an institutional responsibility ,
The definition is a minimum expectation, but
Credit hour policies and procedures must be reviewed by an institution’s accreditor and found consistent with the regulatory standard .
The “New” Credit Hour Recognition of Accrediting Agencies: (f) Credit hour policies. The accrediting agency, as part of its review of an institution for initial accreditation or pre-accreditation or renewal of accreditation, must conduct an effective review and evaluation of the reliability and accuracy of the institution's assignment of credit hours. 34 CFR § 602.24
Written policy and procedures that address the review and evaluation of the institution's assignment of credit hours as defined for Federal program purposes.
Procedures that include criteria for assessing an institution's assignment of credit hours, adequacy of the institutionally-identified policies and procedures, and evidence of an accurate, reliable application provided by the institution.
Review processes that encompass a varied sample of the institution's degree and non-degree programs in terms of academic discipline, level, delivery modes, and types of academic activities. An agency's review does not need to look at all courses.
May use sampling to determine credit hour assignments if the agency provides guidance to site review teams on selecting a sample that adequately encompasses a variety of disciplines, degree levels, teaching/learning formats, and delivery modes.
Determinations of whether an institution's processes and procedures result in the establishment of reasonable equivalencies for the amount of academic work described in paragraph (1) of the credit hour definition within the framework of acceptable institutional practices at comparable institutions of higher education for similar programs * * *.
The accrediting agency must take action if it identifies an institution that has deficiencies in its credit allocations. If the problems result in systemic non-compliance, the agency must notify the Secretary.
Incentive Compensation The institution will not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance
Incentive Compensation The institution will not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except that this paragraph shall not apply to the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.
Institutions may not provide any commission, bonus, or other incentive payment based [in any part,] directly or indirectly, upon success in securing enrollments or award of financial aid, to any person or entity engaged in any student recruitment or admissions activity or in making decisions regarding award of Title IV funds
An outside organization could not compensate individuals performing recruitment/admissions/financial aid services for school in any manner that was impermissible for institution to compensate its own employees
Under prior rules, excluded from coverage of incentive compensation restrictions was:
Any compensation to recruiters based on their recruitment of students who enrolled only in programs that were not eligible for Title IV funds (For example, short-term training programs not leading to a degree or certificate, that were not approved for students to receive Title IV funds).
Misrepresentation specifically includes representations about:
accreditation status or scope, or
requirements for specialized accreditation to practice in a field or employability, or
the prospect for employment, including employability of graduates, or
transferability of credits, as well as conditions for accepting credits earned at another institution, or
false, erroneous or misleading statements about whether successful completion of a course of instruction qualifies a student to receive, apply to take or take required licensure or certification examinations.
There is no “materiality” standard or requirement of bad intent
Statements prohibited even if they merely have “a tendency to deceive or confuse”
The rule effectively attaches the concept of “strict liability” to all institutional communications.
Virtually any institutional communication is subject to the rule, which establishes institutional liability for statements made by any third-party agent or vendor, to any member of the public, or to an accrediting agency or any state agency
(1) Identified by a Standard Occupational Classification (SOC) code established by the Office of Management and Budget or an Occupational Information Network O*NET–SOC code established by the Department of Labor and available at http://online.onetcenter.org or its successor site; or
(2) Determined by the Secretary in consultation with the Secretary of Labor to be a recognized occupation.
GE is Applicable to Public and Non-Profit Institutions in Certain Circumstances –
A new FAQ from ED:
Question: “I am confused about whether a program that is at least two years in length and is fully transferrable to a four year degree program is a GE Program. Does it matter whether the two year program leads to a certificate or other credential awarded by the institution?”
The short answer is that only programs that are at a non-profit or public institution and are at least two academic years in length and that are specifically designed to be a transfer program and that do not lead to a certificate or other credential awarded by the institution are Title IV-eligible non-GE Programs.
For Further Information Contact us at www.dowlohnes.com/education Or call/email Mike Goldstein 202.776.2569 or [email_address] Blain Butner (incentive compensation) 202.776.2579 or [email_address] Greg Ferenbach (state authorization) 202.776.2792 or [email_address] Ken Salomon (last day of attendance) 202.776.2566 or [email_address]
Thank you! Michael B. Goldstein Member of the Firm and Practice Leader Higher Education Dow Lohnes pllc 1200 New Hampshire Ave NW Washington, DC 20036 202.776.2569 [email_address]