**Tentative Agreement on Regulatory Language**

Proposed Regulatory Language

**Committee II -- Program Issues**

**Quick Fix:** Yes

**Origin:** ED Proposed 12/14/2001

**Issue:** Federal Work-Study - Employment Flexibility

for Proprietary Institutions

**Regulatory Cite:** §675.2(b) & §675.21(b)

**Summary of Change:** The HEA places limitations on proprietary
institutions with regard to the types of job that FWS students may hold
when they are employed by the institution. One of those limitations is
that FWS jobs that are on campus must furnish student services that are
directly related to the student\'s education. These proposed regulatory
changes would broaden and clarify the opportunities for students who
attend proprietary institutions to be employed by the institution itself
under the FWS Program.

**Section 675.2** - The proposed change to §675.2 would expand the
definition of \"student services\" by adding further examples, including
job placement and assisting instructors in curriculum related
activities. The proposed change §675.2 would also clarify that there is
no expectation that the FWS job involve direct or personal services.
Finally, the proposed change would clarify that some FWS jobs, such as
those in facility maintenance, cleaning, purchasing, and public
relations, are never considered student services.

**Section 675.21** - The proposed change to §675.21 would move the
statutory requirement that the job must be directly related to the
student\'s education from the definition of student services in 675.2 to
the actual regulatory requirements for employment at a proprietary
institution.

# Updated information Since 3/6-8 Meetings: The words "the services of" were eliminated from the last sentence of the definition of "student services" at the request of the negotiators in §675.2.

Tentative Agreement: Yes

**Changes:**

[§675.2 Definitions]{.underline}**.**

\* \* \* \* \*

\(b\) The Secretary defines other terms used in this part as follows:

\* \* \* \* \*

*Student services:* Services that are offered to students that may
include, but are not limited to, financial aid, library, peer guidance
counseling, [job placement, assisting an instructor with
curriculum-related activities,]{.underline} security, and social,
health, and tutorial services. [Student services do not have to be
direct or involve personal interaction with students. For purposes of
this definition,]{.underline} [facility maintenance, cleaning,
purchasing, and public relations are never considered student
services.]{.underline}

\* \* \* \* \*

[§675.21 Institutional employment]{.underline}**.**

\* \* \* \* \*

\(b\) A proprietary institution may employ a student to work for the
institution, but only in jobs that \--

\(1\) Are in community services as defined in § 675.2; or

\(2\) Are on campus and that \--

\(i\) Involve the provision of student services as defined in §675.2
[that are directly related to the work-study student\'s training or
education;]{.underline}

\(ii\) To the maximum extent possible, complement and reinforce the
educational program or vocational goals of the student; and

\(iii\) Do not involve the solicitation of potential students to enroll
at the proprietary institution.

\* \* \* \* \*

# Regulatory Language Format for Notice of Proposed Rulemaking:

# Part 675 \-- FEDERAL WORK-STUDY PROGRAMS

1\. The authority citation for part 675 continues to read as follows:

Authority: 42 U.S.C. 2751-2756b, unless otherwise noted.

2\. In §675.2 paragraph (b) is amended by revising the definition of
\"Student services\" to read as follows:

[§ 675.2 Definitions]{.underline}.

\* \* \* \* \*

\(b\) \* \* \*

[Student services]{.underline}: Services that are offered to students
that may include, but are not limited to, financial aid, library, peer
guidance counseling, job placement, assisting an instructor with
curriculum-related activities, security, and social, health, and
tutorial services. Student services do not have to be direct or involve
personal interaction with students. For purposes of this definition,
facility maintenance, cleaning, purchasing, and public relations are
never considered student services.

\* \* \* \* \*

3\. Section 675.21 is amended by revising paragraph (b)(2)(i) to read as
follows:

[§675.21 Institutional employment]{.underline}.

\* \* \* \* \*

\(b\) \* \* \*

\(2\) \* \* \*

\(i\) Involve the provision of student services as defined in §675.2
that are directly related to the work-study student\'s training or
education;

\* \* \* \* \*

Proposed Regulatory Language

**Committee II -- Program Issues**

**Quick Fix:** Yes

**Origin:** Fed Up #7

**Issue:** Electronic Process - Administrative

**Regulatory Cite:** §668.165

*Summary of Change:* ***Whenever an institution credits a student's
account with title IV loan funds, it must notify the student or parent
of his or her right to cancel all or a portion of the loan or loan
disbursement. The notice may be provided in writing or sent
electronically. The proposed change to §668.165(a)(3)(ii) would
eliminate the requirement that an institution must confirm the receipt
of a notice sent electronically.***

# Updated Information

**Since 3/6-8 Meetings:** None

**Tentative Agreement:** Yes

**Change:**

[§668.165 Notices and authorizations.]{.underline}

\(a\) \* \* \* \* \*

\(3\) The institution must send the notice described in

paragraph (a)(2) of this section in writing

no earlier than 30 days before and no later than 30 days

after crediting the student\'s account at the institution.

**Regulatory Language Format for Notice of Proposed Rulemaking:**

# PART 668 -- STUDENT ASSISTANCE GENERAL PROVISIONS

1\. The authority citation for part 668 continues to read as

follows:

Authority: 20 U.S.C. 1001, 1002, 1003, 1085, 1091, 1091b, 1092, 1094,
1099c, and 1099c-1, unless otherwise noted.

2\. Section 668.165 is amended by revising paragraph (a)(3) to read as
follows:

[§668.165  Notices and authorizations.]{.underline}

\* \* \* \* \*

\(a\) \* \* \*

\(3\) The institution must send the notice described in paragraph (a)(2)
of this section in writing no earlier than 30 days before and no later
than 30 days after crediting the student's account at the institution.

\* \* \* \* \*

Proposed Regulatory Language

**Committee II -- Program Issues**

**Quick Fix:** Yes

**Origin:** ED

**Issue:** Treatment of Branch Campuses

**Regulatory Cite:** §600.8

**Summary of Change:** Clarify that the two-year rule only applies to
proprietary institutions of higher education and postsecondary
vocational institutions.

# Updated Information

**Since 3/6-8 Meetings:** None

**Tentative Agreement:** Yes

**Change:**

[§600.8 Treatment of a branch campus.]{.underline}

A branch campus of an eligible proprietary institution of higher
education or a postsecondary vocational institution must be in existence
for at least two years as a branch campus after the branch is certified
as a branch campus before seeking to be designated as a main campus or a
free-standing institution.\
\
**Regulatory Language Format for Notice of Proposed Rulemaking:**

# PART 600 -- INSTITUTIONAL ELIGIBLITY UNDER THE HIGHER EDUCATION ACT OF 1965, AS AMENDED

1\. The authority citation for part 600 is revised to read as follows:

Authority: 20 U.S.C. 1001, 1002, 1003, 1088, 1091, 1094, 1099b, and
1099c, unless otherwise noted.

2\. Section 600.8 is revised to read as follows:

[§600.8 Treatment of a branch campus.]{.underline}

A branch campus of an eligible proprietary institution of higher
education or a postsecondary vocational institution must be in existence
for at least two years as a branch campus after the branch is certified
as a branch campus before seeking to be designated as a main campus or a
free-standing institution.

(Authority: 20 U.S.C. 1099c)

Proposed Regulatory Language

**Committee II -- Program Issues**

**Quick Fix:** No

**Origin:** Fed Up #82

**Issue:** GEAR UP

**Regulatory Cite:** §694.10(e)

**Summary of Change:** Revise packaging requirements. Removes the
requirement that an institution award student financial assistance in an
established order for GEAR UP scholarship recipients. Retains the
statutory requirement in 404E(c) that GEAR UP scholarships shall not be
considered in awarding Title IV grant assistance.

**Updated Information**

**Since 3/6-8 Meetings:** None.

**Tentative Agreement:** Yes

**Change:**

[§694.10 What are the requirements for awards under the program\'s
scholarship component under section 404E of the HEA?]{.underline}

\(a\) *Amount of scholarship.* (1) Except as provided in paragraph
(a)(2) of this section, the amount of a scholarship awarded under
section 404E of the HEA must be at least the lesser of \--

\(i\) 75 percent of the average cost of attendance, as determined under
section 472 of the HEA, for in-State students in 4-year programs of
instruction at public institutions of higher education in the State; or

\(ii\) The maximum Federal Pell Grant award funded for the award year in
which the scholarship will be awarded.

\(2\) If a student who is awarded a GEAR UP scholarship attends an
institution on a less than full-time basis during any award year, the
State or Partnership awarding the GEAR UP scholarship may reduce the
scholarship amount, but in no case shall the percentage reduction in the
scholarship be greater than the percentage reduction in tuition and fees
charged to that student.

\(b\) *Pell Grant recipient priority.* A State, or a Partnership that
chooses to participate in the scholarship component under section 404E
of the HEA in its GEAR UP project \--

\(1\) Must award GEAR UP scholarships first to students who will
receive, or are eligible to receive, a Federal Pell Grant during the
award year in which the GEAR UP scholarship is being awarded and who are
eligible for a GEAR UP scholarship under the eligibility requirements in
section 404E(d) of the HEA; and

\(2\) May, if GEAR UP scholarship funds remain after awarding
scholarships to students under paragraph (b)(1) of this section, award
GEAR UP scholarships to other eligible students (who will not receive a
Federal Pell Grant) after considering the need of those students for
GEAR UP scholarships.

\(c\) *Cost of attendance.* A GEAR UP scholarship, in combination with
other student financial assistance awarded under any title IV HEA
program and any other grant or scholarship assistance, may not exceed
the student\'s cost of attendance.

\(d\) *Continuation scholarships.* A State, or a Partnership that
chooses to participate in the scholarship component in accordance with
section 404E of the HEA in its GEAR UP project, must award continuation
scholarships in successive award years to each student who received an
initial scholarship and who continues to be eligible for a scholarship.

\(e\) *Other grant assistance.* A GEAR UP scholarship may not be
considered in the determination of a student\'s eligibility for other
grant assistance provided under Title IV of the HEA.

(Authority: 20 U.S.C. 1070a-25)

**Regulatory Language Format for Notice of Proposed Rulemaking:**

PART 694 - GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE
PROGRAMS (GEAR UP)

1\. The authority citation for part 694 continues to read as follows:

Authority: 20 U.S.C. 1070a-21 to 1070a-28, unless otherwise noted.

2\. Section 694.10(e) is revised to read as follows:

[§694.10 What are the requirements for awards under the program\'s
scholarship component under section 404E of the HEA?]{.underline}

\* \* \* \* \*

\(e\) [Other grant assistance.]{.underline} A GEAR UP scholarship may
not be considered in the determination of a student\'s eligibility for
other grant assistance provided under Title IV of the HEA.

\* \* \* \* \*

Proposed Regulatory Language

Committee II -- Program Issues

**Quick Fix:** No

**Origin:** ED

**Issue:** Overpayment

**Regulatory Cite:** §668.35(c), §673.5(f), and §690.79

**Summary of Change:** Current policy under Return of Title IV Funds
provides that a student does not lose eligibility nor has to repay a
grant overpayment resulting from withdrawal if the total amount of the
Title IV grant funds the student is responsible for repaying is less
than \$25 and is not a remaining balance after the application of prior
payments or of institutional credit balances. These proposed regulatory
changes would apply that policy to all Title IV grant or Federal Perkins
loan overpayments, as long as the overpayment is not the result of
school error. The under \$25 de minimis amount does not apply to amounts
for which the school is liable.

[Section 668.35]{.underline} - The proposed change to §668.35 would
provide that owing an overpayment amount of less than \$25 under the
Federal Perkins Loan program or under a Title IV grant program that is
not a remaining balance nor a result of the application of the
campus-based overaward threshold would not cause a student to be
ineligible for Title IV, HEA funds.

[Section 673.5]{.underline} - The proposed change to §673.5 would
provide that a student is not liable for a Federal Perkins loan
overpayment or an FSEOG overpayment that is less than \$25 if the
overpayment is not a remaining balance nor a result of the application
of the campus-based overaward threshold. For purposes of determining,
recovering, and referring an FSEOG overpayment, the non-Federal share is
not counted unless the institution meets its FSEOG matching requirement
by using the fund specific method.

For such de minimis overpayments, the school is not required to attempt
recovery of the overpayment or refer it to the Secretary. However, the
school must attempt recovery of all other overpayment amounts for which
it is not liable and refer any FSEOG overpayment to the Secretary for
collection purposes. Note that under Return to Title IV Funds policy,
Perkins Loans are not treated as an overpayment. Rather, unearned
Perkins Loan funds are repaid according to the terms of the loan. That
is a distinction from this policy.

[Section 690.79]{.underline} - The proposed change to §690.79 would
provide that a student is not liable for a Federal Pell Grant
overpayment amount that is less than \$25 and is not a remaining
balance. For such overpayments, the school is not required to attempt
recovery of the overpayment or refer it to the Secretary. However, the
school must attempt recovery of and refer all other Pell Grant
overpayment amounts for which it is not liable.

**Updated Information Since 3/6-8 Meetings:** In §673.5(f)(4)(i), the
previously deleted word "written" in front of "notice" was restored to
be consistent with §690.79(b)(1) as well as other places in the
regulations where notices are required. Also, some paragraph headings
were removed for consistency and adherence to guidelines for the Federal
Register. The preamble will include a reminder that, for purposes of all
FSA program requirements, a "written notice" can be electronic unless
otherwise specified. Also, at the request of the negotiators, the
preamble will include an explanation and illustrative example of a
"remaining balance" under these rules.

**Tentative Agreement:** Yes

**Change:**

**§668.35 Student debts under the HEA and to the U.S.**

\* \* \* \* \*

\(c\) A student who receives an overpayment under the Federal Perkins
Loan Program, or under a title IV, HEA grant program may nevertheless be
eligible to receive title IV, HEA program assistance if---

\(1\) The student pays the overpayment in full;

\(2\) The student makes arrangements satisfactory to the holder of the
overpayment debt to pay the overpayment; or

\(3\) The overpayment amount is less than \$25 and is not a remaining
balance nor a result of the application of the overaward threshold in 34
CFR 673.5(d).

\* \* \* \* \*

**§673.5 Overaward.**

\* \* \* \* \*

\(f\) *Liability for and recovery of Federal Perkins loan and FSEOG
overpayments.*

\(1\) Except as provided in paragraphs (f)(2) and (f)(3) of this
section, a student is liable for any Federal Perkins loan or FSEOG
overpayment made to him or her. The FSEOG overpayment for purposes of
paragraph (f) of this section does not include the non-Federal share of
FSEOG awards if an institution meets its FSEOG matching share by the
individual recipient method or the aggregate method.

\(2\) The institution is liable for a Federal Perkins loan or FSEOG
overpayment if the overpayment occurred because the institution failed
to follow the procedures in this part, 34 CFR part 668, 34 CFR part 674,
or 34 CFR part 676. The institution shall restore an amount equal to the
overpayment and any administrative cost allowance claimed on that amount
to its loan fund for a Federal Perkins loan overpayment or to its FSEOG
account for an FSEOG overpayment.

\(3\) A student is not liable for and the institution is not required to
attempt recovery of a Federal Perkins loan or FSEOG overpayment, or
refer to the Secretary an FSEOG overpayment, if the overpayment---

(i) Is less than \$25, and

(ii) Is not a remaining balance nor a result of the application of the
     overaward threshold in paragraph (d) of this section.

(4)(i) Except as provided in paragraph (f)(3) of this section, if an
institution makes a Federal Perkins loan or FSEOG overpayment for which
it is not liable, it shall promptly send a written notice to the student
requesting repayment of the overpayment amount. The notice must state
that failure to make that repayment, or to make arrangements
satisfactory to the holder of the overpayment debt to pay the
overpayment, makes the student ineligible for further title IV aid until
final resolution of the overpayment.

\(ii\) If a student objects to the institution's Federal Perkins loan or
FSEOG overpayment determination on the grounds that it is erroneous, the
institution shall consider any information provided by the student and
determine whether the objection is warranted.

\(5\) Except as provided in paragraph (f)(3) of this section, if a
student fails to repay an FSEOG overpayment, or make arrangements
satisfactory to the holder of the overpayment debt to pay the FSEOG
overpayment, after the institution has taken the action required by
paragraph (f)(4) of this section, the institution shall refer the FSEOG
overpayment to the Secretary for collection purposes, in accordance with
procedures required by the Secretary. After referring the FSEOG
overpayment to the Secretary under this section, the institution need
make no further effort to recover the overpayment.

\* \* \* \* \*

**§690.79** **Liability for and recovery** **of Federal Pell Grant**
**overpayments.**

(a)(1) Except as provided in paragraphs (a)(2) and (a)(3) of this
section, a student is liable for any Federal Pell Grant overpayment made
to him or her.

\(2\) The institution is liable for a Federal Pell Grant overpayment if
the overpayment occurred because the institution failed to follow the
procedures set forth in this part or 34 CFR part 668. The institution
shall restore an amount equal to the overpayment to its Federal Pell
Grant account.

\(3\) A student is not liable for and the institution is not required to
attempt recovery of or refer to the Secretary a Federal Pell Grant
overpayment if the amount of the overpayment is less than \$25 and is
not a remaining balance.

(b)([1]{.underline})Except as provided in paragraph (a)(3) of this
section, if an institution makes a Federal Pell Grant overpayment for
which it is not liable, it shall [p]{.underline}romptly send a written
notice to the student requesting repayment of the overpayment amount.
The notice must state that failure to make that repayment, or to make
arrangements satisfactory to the holder of the overpayment debt to pay
the overpayment, makes the student ineligible for further title IV aid
until final resolution of the Federal Pell Grant overpayment.

([2]{.underline}) If a student objects to the institution's Federal Pell
Grant overpayment determination on the grounds that it is erroneous, the
institution shall consider any information provided by the student and
determine whether the objection is warranted.

(c)Except as provided in paragraph (a)(3) of this section, if the
student fails to repay a Federal Pell Grant overpayment, or make
arrangements satisfactory to the holder of the overpayment debt to pay
the Federal Pell Grant overpayment, after the institution has taken the
action required by paragraph (b) of this section, the institution shall
refer the overpayment to the Secretary for collection purposes, in
accordance with procedures required by the Secretary. After referring
the Federal Pell Grant overpayment to the Secretary under this section,
the institution need make no further efforts to recover the overpayment.

**Regulatory Language Format for Notice of Proposed Rulemaking:**

# PART 668 -- STUDENT ASSISTANCE GENERAL PROVISIONS

1\. The authority citation for part 668 continues to read as follows:

Authority: 20 U.S.C. 1001, 1002, 1003, 1085, 1091, 1091b, 1092, 1094,
1099c, and 1099c-1, unless otherwise noted.

2\. Section 668.35 is amended by revising paragraph (c) to read as
follows:

[§668.35 Student debts under the HEA and to the U.S]{.underline}.

\* \* \* \* \*

\(c\) A student who receives an overpayment under the Federal Perkins
Loan Program, or under a title IV, HEA grant program may nevertheless be
eligible to receive title IV, HEA program assistance if---

\(1\) The student pays the overpayment in full;

\(2\) The student makes arrangements satisfactory to the holder of the
overpayment debt to pay the overpayment; or

\(3\) The overpayment amount is less than \$25 and is not a remaining
balance nor a result of the application of the overaward threshold in 34
CFR 673.5(d).

\* \* \* \* \*

# PART 673 -- GENERAL PROVISIONS FOR THE FEDERAL PERKINS LOAN PROGRAM, FEDERAL WORK-STUDY PROGRAM, AND FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANT PROGRAM 

3\. The authority citation for part 673 continues to read as follows:

Authority: 20 U.S.C. 421-429, 1070b-1070b-3, and 1087aa-1087ii; 42
U.S.C. 2751-2756b, unless otherwise noted.

4\. Section 673.5 is amended by revising paragraph (f) to read as
follows:

[§673.5 Overaward]{.underline}.

\* \* \* \* \*

\(f\) [Liability for and recovery of Federal Perkins loans and FSEOG
overpayments]{.underline}.(1) Except as provided in paragraphs (f)(2)
and (f)(3) of this section, a student is liable for any Federal Perkins
loan or FSEOG overpayment made to him or her. The FSEOG overpayment for
purposes of paragraph (f) of this section does not include the
non-Federal share of FSEOG awards if an institution meets its FSEOG
matching share by the individual recipient method or the aggregate
method.

\(2\) The institution is liable for a Federal Perkins loan or FSEOG
overpayment if the overpayment occurred because the institution failed
to follow the procedures in this part or 34 CFR parts 668, 674, or 676.
The institution shall restore an amount equal to the overpayment and any
administrative cost allowance claimed on that amount to its loan fund
for a Federal Perkins loan overpayment or to its FSEOG account for an
FSEOG overpayment.

\(3\) A student is not liable for and the institution is not required to
attempt recovery of a Federal Perkins loan or FSEOG overpayment, or
refer to the Secretary an FSEOG overpayment, if the overpayment---

\(i\) Is less than \$25, and

\(ii\) Is not a remaining balance nor a result of the application of the
overaward threshold in paragraph (d) of this section.

(4)(i) Except as provided in paragraph (f)(3) of this section, if an
institution makes a Federal Perkins loan or FSEOG overpayment for which
it is not liable, it shall promptly send a written notice to the student
requesting repayment of the overpayment amount. The notice must state
that failure to make that repayment, or to make arrangements
satisfactory to the holder of the overpayment debt to pay the
overpayment, makes the student ineligible for further title IV aid until
final resolution of the overpayment.

\(ii\) If a student objects to the institution's Federal Perkins loan or
FSEOG overpayment determination on the grounds that it is erroneous, the
institution shall consider any information provided by the student and
determine whether the objection is warranted.

\(5\) Except as provided in paragraph (f)(3) of this section, if a
student fails to repay an FSEOG overpayment, or make arrangements
satisfactory to the holder of the overpayment debt to pay the FSEOG
overpayment, after the institution has taken the action required by
paragraph (f)(4) of this section, the institution shall refer the FSEOG
overpayment to the Secretary for collection purposes, in accordance with
procedures required by the Secretary. After referring the FSEOG
overpayment to the Secretary under this section, the institution need
make no further effort to recover the overpayment.

# PART 690 -- FEDERAL PELL GRANT PROGRAM

5\. The authority citation for part 690 continues to read as follows:

Authority: 20 U.S.C. 1070a, unless otherwise noted.

6\. Section 690.79 is revised to read as follows:

[§690.79 Liability for and recovery of Federal Pell Grant
overpayments]{.underline}.

(a)(1) Except as provided in paragraphs (a)(2) and (a)(3) of this
section, a student is liable for any Federal Pell Grant overpayment made
to him or her.

\(2\) The institution is liable for a Federal Pell Grant overpayment if
the overpayment occurred because the institution failed to follow the
procedures set forth in this part or 34 CFR part 668. The institution
shall restore an amount equal to the overpayment to its Federal Pell
Grant account.

\(3\) A student is not liable for and the institution is not required to
attempt recovery of or refer to the Secretary a Federal Pell Grant
overpayment if the amount of the overpayment is less than \$25 and is
not a remaining balance.

(b)(1) Except as provided in paragraph (a)(3) of this section, if an
institution makes a Federal Pell Grant overpayment for which it is not
liable, it shall promptly send a written notice to the student
requesting repayment of the overpayment amount. The notice must state
that failure to make that repayment, or to make arrangements
satisfactory to the holder of the overpayment debt to pay the
overpayment, makes the student ineligible for further title IV aid until
final resolution of the Federal Pell Grant overpayment.

\(2\) If a student objects to the institution's Federal Pell Grant
overpayment determination on the grounds that it is erroneous, the
institution shall consider any information provided by the student and
determine whether the objection is warranted.

\(c\) Except as provided in paragraph (a)(3) of this section, if the
student fails to repay a Federal Pell Grant overpayment, or make
arrangements satisfactory to the holder of the overpayment debt to pay
the Federal Pell Grant overpayment, after the institution has taken the
action required by paragraph (b) of this section, the institution shall
refer the overpayment to the Secretary for collection purposes, in
accordance with procedures required by the Secretary. After referring
the Federal Pell Grant overpayment to the Secretary under this section,
the institution need make no further efforts to recover the overpayment.

Proposed Regulatory Language

**Committee II -- Program Issues**

**Quick Fix:** No

**Origin:** Fed Up (not on 12/14/01 list)

**Issue:** ATB Testing Requirements

**Regulatory Cite:** §668.32(e) and §668.151(a)

**Summary of Change:** The change in §668.32(e) eliminates the
requirement to limit the duration of a passing score on an
Ability-To-Benefit test to 12 months before the student initially
receives Title IV funds. A corresponding modification to §668.151(a) is
a clarification, making explicit in this section what is already
required in §668.150(b)(6) and §668.152(b)(1), whereby an institution
may use the results of an approved test that are received from the test
publisher or an assessment center. Therefore, should a student transfer
to another institution, the original approved test results obtained from
the test publisher or the assessment center remain valid for the purpose
of establishing student eligibility for Title IV, HEA program
assistance.

# Updated Information Since 3/6-8 Meetings: Amendments to §668.151 were made to address concerns that were raised about obtaining official scores. Section 668.151(a)(2) is modified by inserting "...\[r\]eceived from an approved test publisher or an assessment center" following, "An institution may use the results of an approved test...".

**Tentative Agreement:** Yes (on language presented at March meetings
which did not include draft amendments to §668.151).

**Change:**

[§ 668.32 Student eligibility - general.]{.underline}

\* \* \* \* \*

(e)(1) Has a high school diploma or its recognized equivalent;

\(2\) Has obtained a passing score specified by the Secretary on an
independently administered test in accordance with subpart J of this
part;

\* \* \* \* \*

[§  668.151  Administration of tests.]{.underline}

\* \* \* \* \*

\(a\) \* \* \*

\(2\) An institution may use the results of an approved test it received
from an approved test publisher or assessment center to determine a
student\'s eligibility to receive title IV, HEA programs funds if the
test was independently administered and properly administered.

\* \* \* \* \*

**Regulatory Language Format for Notice of Proposed Rulemaking:**

# PART 668 -- STUDENT ASSISTANCE GENERAL PROVISIONS

1\. The authority citation for part 668 continues to read as follows:

Authority: 20 U.S.C. 1001, 1002, 1003, 1085, 1091, 1091b, 1092, 1094,
1099c, and 1099c-1, unless otherwise noted.

2\. Section 668.32 (e)(2) is amended by removing "within 12

months before the date the student initially receives title IV,

HEA program assistance,".

3\. Section 668.151(a)(2) is amended by adding the words "it received
from an approved test publisher or assessment center" after, "an
approved test".