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Off. of Postsecondary Educ.,…
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Off. of Postsecondary Educ., Education § 668.41
(iv) Is administered or recognized by to either the State, its board of trust-
a Federally- or State-licensed hospital, ees or governing board, or some other
health clinic or medical doctor. external governing body.
(Authority: 20 U.S.C. 1091(r)) Prospective employee means an indi-
vidual who has contacted an eligible
[64 FR 57358, Oct. 22, 1999]
institution for the purpose of request-
§ 668.41 Reporting and disclosure of ing information concerning employ-
information. ment with that institution.
Prospective student means an indi-
(a) Definitions. The following defini-
vidual who has contacted an eligible
tions apply to this subpart:
institution requesting information con-
Athletically related student aid means
any scholarship, grant, or other form cerning admission to that institution.
of financial assistance, offered by an Undergraduate students, for purposes
institution, the terms of which require of §§ 668.45 and 668.48 only, means stu-
the recipient to participate in a pro- dents enrolled in a bachelor's degree
gram of intercollegiate athletics at the program, an associate degree program,
institution. Other student aid, of which or a vocational or technical program
a student-athlete simply happens to be below the baccalaureate.
the recipient, is not athletically re- (b) Disclosure through Internet or
lated student aid. Intranet websites. Subject to paragraphs
Certificate or degree-seeking student (c)(2), (e)(2) through (4), or (g)(1)(ii) of
means a student enrolled in a course of this section, as appropriate, an institu-
credit who is recognized by the institu- tion may satisfy any requirement to
tion as seeking a degree or certificate. disclose information under paragraph
First-time undergraduate student (d), (e), or (g) of this section for--
means an entering undergraduate who (1) Enrolled students or current em-
has never attended any institution of ployees by posting the information on
higher education. It includes a student an Internet website or an Intranet
enrolled in the fall term who attended website that is reasonably accessible to
a postsecondary institution for the the individuals to whom the informa-
first time in the prior summer term, tion must be disclosed; and
and a student who entered with ad- (2) Prospective students or prospec-
vanced standing (college credit earned tive employees by posting the informa-
before graduation from high school). tion on an Internet website.
Normal time is the amount of time (c) Notice to enrolled students. (1) An
necessary for a student to complete all institution annually must distribute to
requirements for a degree or certificate
all enrolled students a notice of the
according to the institution's catalog.
availability of the information re-
This is typically four years for a bach-
quired to be disclosed pursuant to para-
elor's degree in a standard term-based
graphs (d), (e), and (g) of this section,
institution, two years for an associate
and pursuant to 34 CFR 99.7 (§ 99.7 sets
degree in a standard term-based insti-
tution, and the various scheduled times forth the notification requirements of
for certificate programs. the Family Educational Rights and
Notice means a notification of the Privacy Act of 1974). The notice must
availability of information an institu- list and briefly describe the informa-
tion is required by this subpart to dis- tion and tell the student how to obtain
close, provided to an individual on a the information.
one-to-one basis through an appro- (2) An institution that discloses in-
priate mailing or publication, includ- formation to enrolled students as re-
ing direct mailing through the U.S. quired under paragraph (d), (e), or (g) of
Postal Service, campus mail, or elec- this section by posting the information
tronic mail. Posting on an Internet on an Internet website or an Intranet
website or an Intranet website does not website must include in the notice de-
constitute a notice. scribed in paragraph (c)(1) of this sec-
Official fall reporting date means that tion--
date (in the fall) on which an institu- (i) The exact electronic address at
tion must report fall enrollment data which the information is posted; and
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§ 668.41 34 CFR Ch. VI (7103 Edition)
(ii) A statement that the institution brief description of the report's con-
will provide a paper copy of the infor- tents, and a statement that the institu-
mation on request. tion will provide a paper copy of the re-
(d) General disclosures for enrolled or port upon request.
prospective students. An institution (4) Prospective students and prospective
must make available to any enrolled employees--annual security report. The
student or prospective student, on re- institution must provide a notice to
quest, through appropriate publica- prospective students and prospective
tions, mailings or electronic media, in- employees that includes a statement of
formation concerning-- the report's availability, a description
(1) Financial assistance available to of its contents, and an opportunity to
students enrolled in the institution request a copy. An institution must
(pursuant to § 668.42); provide its annual security report,
(2) The institution (pursuant to upon request, to a prospective student
§ 668.43); and or prospective employee. If the institu-
(3) The institution's completion or tion chooses to provide its annual secu-
graduation rate and, if applicable, its rity report to prospective students and
transfer-out rate (pursuant to § 668.45). prospective employees by posting the
In the case of a request from a prospec- disclosure on an Internet website, the
tive student, the information must be notice described in this paragraph
made available prior to the student's must include the exact electronic ad-
enrolling or entering into any financial dress at which the report is posted, a
obligation with the institution. brief description of the report, and a
(e) Annual security report. (1) Enrolled statement that the institution will
students and current employees--annual provide a paper copy of the report upon
security report. By October 1 of each request.
year, an institution must distribute, to (5) Submission to the Secretary--annual
all enrolled students and current em-
security report. Each year, by the date
ployees, its annual security report de-
and in a form specified by the Sec-
scribed in § 668.46(b), through appro-
retary, an institution must submit the
priate publications and mailings, in-
statistics required by § 668.46(c) to the
cluding--
Secretary.
(i) Direct mailing to each individual
through the U.S. Postal Service, cam- (f) Prospective student-athletes and
pus mail, or electronic mail; their parents, high school coach and guid-
(ii) A publication or publications pro- ance counselor--report on completion or
vided directly to each individual; or graduation rates for student-athletes.
(iii) Posting on an Internet website (1)(i) Except under the circumstances
or an Intranet website, subject to para- described in paragraph (f)(1)(ii) of this
graphs (e)(2) and (3) of this section. section, when an institution offers a
(2) Enrolled students--annual security prospective student-athlete athlet-
report. If an institution chooses to dis- ically related student aid, it must pro-
tribute its annual security report to vide to the prospective student-athlete,
enrolled students by posting the disclo- and his or her parents, high school
sure on an Internet website or an coach, and guidance counselor, the re-
Intranet website, the institution must port produced pursuant to § 668.48(a).
comply with the requirements of para- (ii) An institution's responsibility
graph (c)(2) of this section. under paragraph (f)(1)(i) of this section
(3) Current employees--annual security with reference to a prospective student
report. If an institution chooses to dis- athlete's high school coach and guid-
tribute its annual security report to ance counselor is satisfied if--
current employees by posting the dis- (A) The institution is a member of a
closure on an Internet website or an national collegiate athletic associa-
Intranet website, the institution must, tion;
by October 1 of each year, distribute to (B) The association compiles data on
all current employees a notice that in- behalf of its member institutions,
cludes a statement of the report's which data the Secretary determines
availability, the exact electronic ad- are substantially comparable to those
dress at which the report is posted, a required by § 668.48(a); and
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Off. of Postsecondary Educ., Education § 668.42
(C) The association distributes the financial assistance programs available
compilation to all secondary schools in to students who enroll at that institu-
the United States. tion.
(2) By July 1 of each year, an institu- (2) These programs include both
tion must submit to the Secretary the need-based and non-need-based pro-
report produced pursuant to § 668.48. grams.
(g) Enrolled students, prospective stu- (3) The institution may describe its
dents, and the public--report on athletic own financial assistance programs by
program participation rates and financial listing them in general categories.
support data. (1)(i) An institution of (b) For each program referred to in
higher education subject to § 668.47 paragraph (a) of this section, the infor-
must, not later than October 15 of each mation provided by the institution
year, make available on request to en- must describe--
rolled students, prospective students, (1) The procedures and forms by
and the public, the report produced which students apply for assistance;
pursuant to § 668.47(c). The institution (2) The student eligibility require-
must make the report easily accessible ments;
to students, prospective students, and (3) The criteria for selecting recipi-
the public and must provide the report ents from the group of eligible appli-
promptly to anyone who requests it. cants; and
(ii) The institution must provide no- (4) The criteria for determining the
tice to all enrolled students, pursuant amount of a student's award.
to paragraph (c)(1) of this section, and (c) The institution shall describe the
prospective students of their right to rights and responsibilities of students
request the report described in para- receiving financial assistance and, spe-
graph (g)(1) of this section. If the insti- cifically, assistance under the title IV,
tution chooses to make the report HEA programs. This description must
available by posting the disclosure on include specific information regard-
an Internet website or an Intranet ing--
website, it must provide in the notice (1) Criteria for continued student eli-
the exact electronic address at which gibility under each program;
the report is posted, a brief description (2)(i) Standards which the student
of the report, and a statement that the must maintain in order to be consid-
institution will provide a paper copy of ered to be making satisfactory progress
the report on request. For prospective in his or her course of study for the
students, the institution may not use purpose of receiving financial assist-
an Intranet website for this purpose. ance; and
(2) An institution must submit the (ii) Criteria by which the student
report described in paragraph (g)(1)(i) who has failed to maintain satisfactory
of this section to the Secretary within progress may re-establish his or her
15 days of making it available to stu- eligibility for financial assistance;
dents, prospective students, and the (3) The method by which financial as-
public. sistance disbursements will be made to
the students and the frequency of those
(Approved by the Office of Management and
Budget under control number 18450004 and
disbursements;
18450010) (4) The terms of any loan received by
a student as part of the student's finan-
(Authority: 20 U.S.C. 1092) cial assistance package, a sample loan
[64 FR 59066, Nov. 1, 1999] repayment schedule for sample loans
and the necessity for repaying loans;
§ 668.42 Financial assistance informa- (5) The general conditions and terms
tion. applicable to any employment provided
(a)(1) Information on financial assist- to a student as part of the student's fi-
ance that the institution must publish nancial assistance package;
and make readily available to current (6) The institution shall provide and
and prospective student's under this collect exit counseling information as
subpart includes, but is not limited to, required by 34 CFR 674.42 for borrowers
a description of all the Federal, State, under the Federal Perkins Loan Pro-
local, private and institutional student gram, by 34 CFR 685.304 for borrowers
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