One of these commenters suggested that the current limit of 50 percent would allow for sufficient flexibility for institutions while ensuring they pass accountability measures. Asynchronous academic engagement could occur under any of the categories described in the definition except for the category described under paragraph (2)(i) that describes attendance at a synchronous lecture, recitation, or field or laboratory activity. The commenter also asked whether accrediting agencies would be required to create a list of approved instructional activities or whether the Department would allow agencies to have more ambiguous standards that are applied on a case-by-case basis, which could result in most or all institutions meeting the requirements. This is addressed in the Net Budget Impact section of this RIA. We disagree with the commenter who opposed the changes to the definition of “credit hour” proposed in the NPRM on the basis that an increased focus on student learning time may pose new risks to students and their privacy.  www2.ed.gov/​documents/​press-releases/​20190111-wgu-audit.pdf. e. Adding new paragraphs (a)(7) and (25) and paragraphs (a)(28) through (31). Comments: One commenter stated that any weakening of the protections included in the consensus language would present a serious risk to all students, especially Latino students, who, according to the commenter, are overrepresented at institutions that, on average, produce worse outcomes for students. Grad Unsub +10%. The commenters further explained that online content is most often used to supplement in-person training or lab work and that asynchronous instruction can now be monitored by a school through many educational platforms, students can be clocked out for inactivity, and instructors and students have a variety of ways to interact with each other and review various course materials. BEARING WALL STRUCTURE. The commenter recommended that the Department should emphasize to accrediting agencies that faculty should be the primary “instructors” in postsecondary education, regardless of modality. We estimate that there are 11 private institutions that will be required to report this information for 5 burden hours (11 institutions × .5 hours = 5 hours). These changes benefit institutions by enabling them to employ innovative methods and models without undue risk of inadvertently violating title IV requirements. b. Revising the definitions of “Clock hour”, “Correspondence course”, “Credit hour”, “Distance education”, and “Incarcerated student”. Treatment of title IV funds when a student withdraws. Each document posted on the site includes a link to the Disbursement based on attempted programs, not completed ones Include a competency in student's enrollment status more than once if it overlapped more than one subscription period. Acknowledges that the use of interactive learning technologies can facilitate regular and substantive interaction between students and instructors. These regulations also reduce the steps involved in gaining approval for direct assessment programs, which reduces the burden associated with administering these programs and reduces the risk that an institution could invest resources in designing a high-quality program that the Department denies or unnecessarily delays. If an institution determines that a student did not attend a given payment period, the credit hours (or the equivalent) associated with that payment period would not accrue toward the student's future completion requirements. These commenters urged the Department to maintain the consensus agreement contained in the proposed rule. The Department has established a specific timeframe for that guidance and will expect institutions to again comply with regulatory and statutory requirements when the waivers and flexibility related to COVID-19 expire. Maintains the requirement for institutions to make available any information needed to substantiate the truthfulness of the institution's advertisements about job placement or graduation rates. 4-yr FRSO +10% Instead, the Department believes § 668.5(h) is a non-exhaustive list of activities that do not require written arrangements, but many others from contracting for food service, or with OPMs, or facilitating ground-based instruction through upkeep to facilities—should be assumed to not require a written arrangement either, in accordance with longstanding practice. A more detailed summary can be found in the Summary of the Major Provisions of This Regulatory Action section. Cladding is a non-load bearing skin attached to the outside of a home to shed water and protect the building from the effects of weather and also the key element in the aesthetic appeal of the building. Setting out a clear methodology makes clear when and how written arrangements may be used but ensures that colleges and universities are not simply outsourcing instructional responsibilities to non-accredited providers. Adding the phrase “that is not a subscription-based program” after the phrase “equal in length” in paragraphs (i)(1)(i) and (ii). We appreciate hearing from student commenters who shared their perspectives, especially as they relate to the impact of the COVID-19 pandemic on their educational experience, and we appreciate their efforts to embrace innovation, and the optimism they expressed that these regulations will help them and students to follow. Removing definition has no impact on students or institutions. Benefits institutions by reducing the amount of information that must be disclosed to students to enable institutions to include graduation rates or employment statistics in their marketing materials. No impact anticipated for technical changes. The Department appreciates the suggestion that the Department grant three- or six-month extensions instead of a month-to-month extension. For existing programs, the percent of undergraduates with Pell Grants is approximately 39 percent overall,[59] Requires an institution to include all the days in modules that included coursework used to determine the student's eligibility for title IV, HEA assistance. Another commenter noted that institutions have been slow to adopt competency-based education (CBE) programs, often due to Federal regulations, and further suggested these programs could particularly benefit veterans and military-connected students and hoped institutions would develop new CBE programs because of these regulations. (i) Had its eligibility to participate in the title IV, HEA programs terminated by the Secretary; (ii) Voluntarily withdrawn from participation in the title IV, HEA programs under a termination, show-cause, suspension, or similar type proceeding initiated by the institution's State licensing agency, accrediting agency, or guarantor, or by the Secretary; (iii) Had its certification to participate in the title IV, HEA programs revoked by the Secretary; (iv) Had its application for recertification to participate in the title IV, HEA programs denied by the Secretary; or. Acknowledges that the Department's role in approving direct assessment programs is limited to ensuring the integrity of the title IV, HEA programs, and assumes that if an institution can disburse aid properly to students in one program at a given academic level, it is likely to be able to do so for additional programs. 21. Students in subscription-based programs must complete a cumulative number of credit hours (or the equivalent) during or following the end of each term before receiving subsequent disbursements of title IV, HEA program funds. c. Removing the period and adding in its place “; or” in paragraph (i)(1)(ii)(B). Comments: One commenter asked whether a student's Pell Grant enrollment status would need to be adjusted at the end of a subscription period to exclude any coursework for which the student did not begin attendance. The Department emphasizes that its estimates of transformations in higher education delivery that could occur as a result of these regulations are uncertain. For information on these Distance Education and Innovation regulations, please contact Greg Martin at (202) 453-7535 or by email at gregory.martin@ed.gov. The Public Inspection page 53/2013. With respect to degree programs with limited numbers of students, we note that current § 668.8(k)(2)(ii) makes no mention of the frequency with which students must be shown to graduate from the degree program that courses from the program that would otherwise be subject to clock-to-credit hour conversion are acceptable toward; and a year where no student graduates from the degree program is not, in and of itself, an indicator of noncompliance. k. Removing the authority citation at the end of the section. . 5. We do not wish to forestall students interested in nursing and teaching to be kept out of those fields because they are not able to attend traditional, in-person classes. Ensures that degree-granting institutions retain academic control of a program and maintain the responsibility for delivering at least half of an academic program. One commenter stated that the Department cannot, in good faith, move forward with any of the issues in the final regulations without first grappling with the massive changes that the COVID-19 crisis will bring to online education. Comments: One commenter asked whether a student enrolled in a subscription-based program would be required to complete credits associated with a payment period that the student did not attend in order to receive subsequent disbursements of title IV, HEA program assistance. documents in the last year, 69 Prevents improper payment of title IV funds to students who are not legitimately engaged in postsecondary learning. Table 9 61—Small Entities Under Enrollment Based Definition. One commenter stated that the exclusion of issues related to OPMs from this rulemaking has prevented proper oversight of distance education programs, but generally supported the addition of language to clarify how to calculate the percentage of a program that is part of a written arrangement. Clarify that an institution is not financially responsible if a person who exercises substantial ownership or control over an institution also exercised substantial ownership or control over another institution that closed without executing a viable teach-out plan or agreement. And eliminating a load-bearing wall that supports the floor above is no matter to take lightly since these walls, unlike simple non-load-bearing partition walls, are part of the structural framework of your home. 30. Comments: One commenter supported the proposed removal of language that previously required the certificate or degree-granting institution to provide more than 50 percent of the educational program in a written arrangement between two or more eligible institutions owned or controlled by the same individual, partnership, or corporation. Furthermore, while it is true that there may be variation among accrediting agencies regarding requirements for instructors, we believe this is appropriate given the different types of qualifications that may be needed depending on the types of programs and degree levels offered. The Administration's emphasis on workforce development may encourage more institutions to implement competency-based educational programs, which could improve employment outcomes and loan repayment performance. & Grosz, M. (2019). [27 28 29], While current providers of CBE and direct assessment learning do so through distance learning modalities, it is possible that, as regulatory requirements become clearer, those institutions that primarily provide ground-based education will also develop and implement CBE and direct assessment programs. There is no need to apply for approval; however, it is best that you follow the guidelines not only for your safety, but to keep on the right side of the law. Deflection:  www.air.org/​sites/​default/​files/​National-Survey-of-Postsec-CBE-2018-AIR-Eduventures-Jan-2019.pdf. Students who may otherwise be successful in distance learning can become frustrated if they are not allowed to move at their own pace because of requirements to post blogs, participate in chats, or answer questions that do not actually enhance learning.