Related Dear Colleague Letters

Team I—Program Integrity

Program Integrity Team Web Page
Session One: November 2-6, 2009
Session Two: December 7-11, 2009
Session Three: January 25-29, 2010
List of Negotiators: MS Word (44K) | PDF (24K)

On April 13, 2011, the Department published a correction to the final regulations published on October 29, 2010 to improve integrity in the programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA), by amending the regulations for Institutional Eligibility Under the HEA, the Secretary's Recognition of Accrediting Agencies, the Secretary's Recognition Procedures for State Agencies, the Student Assistance General Provisions, the Federal Family Education Loan (FFEL) Program, the William D. Ford Federal Direct Loan Program, the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program in part 686, the Federal Pell Grant Program, and the Academic Competitiveness Grant (AGC) and National Science and Mathematics Access to Retain Talent Grant (National Smart Grant) Programs.

On October 29, 2010 the Department published final regulations amending the regulations for Institutional Eligibility Under the Higher Education Act of 1965, as amended (HEA), to establish a process under which an institution applies for approval to offer an educational program that leads to gainful employment in a recognized occupation.

On October 29, 2010 the Department published final regulations improving integrity in the programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA), by amending the regulations for Institutional Eligibility Under the HEA, the Secretary's Recognition of Accrediting Agencies, the Secretary's Recognition Procedures for State Agencies, the Student Assistance General Provisions, the Federal Family Education Loan (FFEL) Program, the William D. Ford Federal Direct Loan Program, the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program in part 686, the Federal Pell Grant Program, and the Academic Competitiveness Grant (AGC) and National Science and Mathematics Access to Retain Talent Grant (National Smart Grant) Programs.

On July 26, 2010 the Department published in the Federal Register a Notice of Proposed Rulemaking (NRPM). Through this NPRM, the Secretary proposes to amend the Student Assistance General Provisions to establish measures for determining whether certain postsecondary educational programs lead to gainful employment in recognized occupations, and the conditions under which these educational programs remain eligible for the student financial assistance programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA).
- Press Release

On June 18, 2010 the Department published in the Federal Register a Notice of Proposed Rulemaking (NRPM). Through this NPRM, the Secretary proposes to improve integrity in the programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA) by amending the regulations for Institutional Eligibility Under the HEA, the Secretary's Recognition of Accrediting Agencies, the Secretary's Recognition Procedures for State Agencies, the Student Assistance General Provisions, the Federal Family Education Loan (FFEL) Program, the William D. Ford Federal Direct Loan Program, the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program, the Federal Pell Grant Program, and the Academic Competitiveness Grant (AGC) and National Science and Mathematics Access to Retain Talent Grant (National Smart Grant) Programs.
- Press Release

Team II—Foreign Schools

Foreign Schools Team Web Page
Session One: November 16-20, 2009.
Session Two: January 11-15, 2010
Session Three: February 22-26, 2010
List of Negotiators: MS Word (38K) | PDF (19K)

On November 1, 2010 the Department published in the Federal Register final regulations for Institutional Eligibility Under the Higher Education Act of 1965, the Student Assistance General Provisions, the Federal Family Education Loan (FFEL) Program, and the William D. Ford Federal Direct Loan (Direct Loan) Program to implement provisions related to the eligibility of foreign institutions for participation in the Federal student aid programs that were added to the Higher Education Act of 1965, as amended (HEA), by the Higher Education Opportunity Act of 2008 (Pub. L. 110-315) (HEOA), as well as other provisions related to the eligibility of foreign institutions.

On July 20, 2010 the Department published in the Federal Register a Notice of Proposed Rulemaking (NRPM). Through this NPRM, the Secretary proposes to implement provisions related to the eligibility of foreign institutions for participation in the Federal student aid programs that were added to the Higher Education Act of 1965, as amended (HEA), by the Higher Education Opportunity Act of 2008 (HEOA), as well as other provisions related to the eligibility of a foreign institution by amending the regulations for Institutional Eligibility Under the Higher Education Act of 1965, the Student Assistance General Provisions, and the Federal Family Education Loan (FFEL) Program.

Dear Colleague Letters

Publication Date: July 20, 2011
DCL ID: GEN-11-14
Subject: Implementation of Program Integrity regulations
Summary: This letter provides guidance on one area of the final regulations published on October 29, 2010, addressing program integrity issues: the Return of Title IV Funds.
http://www.ifap.ed.gov/dpcletters/attachments/GEN1114.pdf
Attachment:
http://www.ifap.ed.gov/dpcletters/attachments/GEN1114Attach.pdf

Publication Date: April 20, 2011
DCL ID: GEN-11-11
Subject: State authorization under the Program Integrity Regulations
Summary: This letter provides guidance on State authorization in the context of distance learning under the Program Integrity regulations.
http://www.ifap.ed.gov/dpcletters/attachments/GEN1111.pdf

Publication Date: April 20, 2011
DCL ID: GEN-11-10
Subject: Implementation of Regulatory Requirements Related to Gainful Employment Programs
Summary: This letter provides guidance on new requirements for institutions that offer educational programs that prepare students for gainful employment in a recognized occupation.
http://www.ifap.ed.gov/dpcletters/attachments/GEN1110.pdf

Publication Date: March 25, 2011
DCL ID: GEN-11-08
Subject: Ability-to-Benefit (ATB) Provisions published in Final Regulations on October 29, 2010 (75 FR 66832).
Summary: This letter provides 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.
http://www.ifap.ed.gov/dpcletters/attachments/GEN1108.pdf

Publication Date: March 18, 2011
DCL ID: GEN-11-06
Subject: Guidance to Institutions and Accrediting Agencies Regarding a Credit Hour as Defined in the Final Regulations Published on October 29, 2010
http://www.ifap.ed.gov/dpcletters/attachments/GEN1106.pdf

Publication Date: March 17, 2011
DCL ID: GEN-11-05
Subject: Implementation of Program Integrity Regulations
Summary: This letter provides guidance on three areas of the final regulations published on October 29, 2010, addressing program integrity issues: State authorization, incentive compensation, and misrepresentation.
http://www.ifap.ed.gov/dpcletters/attachments/GEN1105.pdf

All negotiating sessions were held at the Department of Education, 8th Floor Conference Center, 1990 K Street, N.W., Washington, D.C. 20006.
Sessions will start Monday at 1:00 and end Friday at noon.

On May 26, 2009, the Department published a notice in the Federal Register announcing its intention to establish negotiated rulemaking committees. The Notice also announced three public meetings where interested parties may suggest issues that should be considered for action by the negotiating committees. The Department will also be conducting forums after each of the three hearings to discuss: (1) how changes to the Department’s financial aid communications and processes (including the Free Application for Federal Student Aid (FAFSA) could improve college planning, preparation and access; and (2) how best to leverage federal postsecondary programs to foster student educational persistence and degree attainment. The dates and locations for these meetings are listed below.

• Comments submitted in response to the May 26, 2009 Federal Register Announcement

Conference Calls

On May 29, 2009, Deputy Undersecretary Robert Shireman held a conference call with analysts and investors who monitor the career college and education industry. To hear a replay of this discussion, call toll-free 1-800-945-7621. This replay will be available until June 30.
- Transcript of the Call PDF (48K)

On May 29, 2009, Deputy Undersecretary Robert Shireman also held a conference call with the career college community to discuss the negotiated rulemaking sessions.
- Transcript of the Call PDF (52K)

Public Hearings | Forum Meetings

The public hearings were held from 9:00 a.m. - 4:00 p.m., local time.

• June 15, 2009
  Community College of Denver
  Tivoli Student Union
  900 Auraria Parkway
  Denver, CO
  Hearing Transcript: MS Word (143K) | PDF (247K)
  Presenters: MS Excel (34K) | PDF (11K)

• June 18, 2009
  University of Arkansas
  Donaghey Student Center
  Ledbetter Assembly Hall
  Rooms B & C
  2801 S. University Avenue
  Little Rock, AR
  Hearing Transcript: MS Word (199K) | PDF (351K)
  Presenters: MS Excel (35K) | PDF (15K)

• June 22, 2009
  Community College of Philadelphia
  Center for Business & Industry
  C2-28 Lecture Room
  18th & Callowhill Streets
  Philadelphia, PA
  Hearing Transcript: MS Word (303K) | PDF (647K)
  Presenters: MS Excel (27K) | PDF (18K)

Forum Meetings:

• Financial Aid Simplification
• Fostering Student Persistence and Degree Attainment

These two sessions ran concurrently from 9:00 a.m. - 1:00 p.m., local time.

• June 16, 2009 - 9:00 a.m. - 1:00 p.m.
  Community College of Denver
  Tivoli Student Union
  Room 440/540 - Adirondacks, and
  Room 444 - Loraine Good
  900 Auraria Parkway
  Denver, CO

• June 19, 2009 - 9:00 a.m. - 1:00 p.m.
  University of Arkansas
  Donaghey Student Center
  Ledbetter Assembly Hall
  Rooms B & C
  2801 S. University Avenue
  Little Rock, AR

• June 23, 2009 - 9:00 a.m. - 1:00 p.m.
  Community College of Philadelphia
  Center for Business & Industry
  C2-28 Lecture Room, and
  C3-5 Conference Room
  18th & Callowhill Streets
  Philadelphia, PA

On September 9, 2009, the Department published a notice in the Federal Register announcing its intent to establish two negotiated rulemaking committees to prepare proposed regulations under Title IV of the Higher Education Act of 1965, as amended. This notice also solicits nominations for negotiators.

For general information on negotiated rulemaking, see The Negotiated Rulemaking Process for Title IV Regulations, Frequently Asked Questions.

HEOA Page | OPE Policy Page