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DRAFT for discussion at 3rd meeting

4/23/2009

Issue 4

Proposed Regulatory Language

Team II – School-based Loan Issues

Origin: HEOA section 493

Issue: PPA: Private Education Loan 

Certification

Statutory cites: HEA section 487(a)(28)

Regulatory cites: New §668.14(b)(29)

DCL GEN-08-12 cite: Page 71

Status: Tentative agreement reached

Regulatory language:

§ 668.14 Program participation agreement.

(a)(1) An institution may participate in any Title IV, 

HEA program, other than the LEAP and NEISP GAP programs, 

only if the institution enters into a written program 

participation agreement with the Secretary, on a form 

approved by the Secretary. A program participation 

agreement conditions the initial and continued 

participation of an eligible institution in any Title IV, 
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DRAFT for discussion at 3rd meeting

4/23/2009

HEA program upon compliance with the provisions of this 

part, the individual program regulations, and any 

additional conditions specified in the program 

participation agreement that the Secretary requires the 

institution to meet.

* * * * *

(b) By entering into a program participation 

agreement, an institution agrees that—

* * * * *

(29) (A) (i) It will, upon the request of an enrolled 

or admitted student who is an applicant for a private 

education loan (as defined in 34 CFR 601.2(b)), provide to 

the applicant the self-certification form required under 34 

C.F.R CFR §601.10 11(d) and the information required to 

complete the form, to the extent the institution possesses 

such information, including--

(i) (A) The applicant’s cost of attendance at the 

institution, as determined by the institution under part F 

of title IV of the Act HEA;

(ii) (B) The applicant’s expected family contribution, 

for students who have completed the free application for 

Federal student aid;
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DRAFT for discussion at 3rd meeting

4/23/2009

(iii) (C) The applicant’s estimated financial 

assistance, as determined by the institution in accordance 

with 34 C.F.R. CFR §682.200;

(iv) (D) The difference between the amounts under 

paragraphs (b)(29)(A)(i) (i)(A) and (29)(A)(iii) (i)(C) of 

this section, as applicable; and

(v) (E) The sum of the amounts under paragraphs 

(b)(29)(A)(ii) (i)(B) and (b)(29)(A)(iv) (i)(D) of this 

section, as applicable. 

(B) (ii) It will, at upon the request of the

applicant’s request, discuss with the applicant the 

availability of Federal, State, and institutional student 

financial aid with the applicant. 
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DRAFT for discussion at 3rd meeting

4/23/2009

Issue 4 

Amendatory Language

Team II – School-based Loan Issues

[NOTE to negotiators: The amendatory language for adding 

(b)(29) to §668.14 is set out in Issue Paper 2.]

“(b) * * *

(29)(i) It will, upon the request of an enrolled or 

admitted student who is an applicant for a private 

education loan (as defined in 34 CFR 601.2(b)), provide to 

the applicant the self-certification form required under 34 

CFR 601.11(d) and the information required to complete the 

form, to the extent the institution possesses such 

information, including--

(A) The applicant’s cost of attendance at the 

institution, as determined by the institution under part F 

of title IV of the HEA;

(B) The applicant’s expected family contribution, for 

students who have completed the free application for 

Federal student aid;
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DRAFT for discussion at 3rd meeting

4/23/2009

(C) The applicant’s estimated financial assistance, 

as determined by the institution in accordance with 34 CFR 

682.200;

(D) The difference between the amounts under 

paragraphs (b)(29)(i)(A) and (29)(i)(C) of this section, as 

applicable; and

(E) The sum of the amounts under paragraphs (b)(29) 

(i)(B) and (b)(29)(i)(D) of this section, as applicable. 

(ii) It will, upon the request of the applicant, 

discuss with the applicant the availability of Federal, 

State, and institutional student financial aid.