Final Rule (2011) Draft Regulation (2013)

Applicable 

students 

Title IV & non-Title IV Title IV only

Accountability 

Metrics 

annual DTE

discretionary DTE

annual DTE

discretionary DTE

Passing 

aDTE ≤ 12% OR dDTE ≤ 30% aDTE ≤ 8% OR dDTE ≤ 20%

Zone 

No equivalent provision • Not passing &

• 8% < aDTE ≤ 12% OR 20% < dDTE ≤ 30%

Failing aDTE > 12% & dDTE > 30% aDTE>12% & dDTE>30% 

Ineligibility 

rules 

T4 ineligible for 3yrs if 3 fails out of 4 yrs T4 ineligible for 3yrs if:

• 2 fail out of 3yrs OR

• Not passing in any 1 out of 4yrs (time limit 

for zone programs)

Zone 

consequences 

No equivalent provision Debt warnings to students if program could 

become ineligible at the end of the yr

Fail 

consequences 

After 1st & 2nd fail: 

Debt warnings to students

After 1st fail:

• Debt warnings to students

• T4 enrollment limited to previous yr level

New programs 

All new programs notify, the Department 

decides whether to formally approve

For discussion at negotiations

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2011 Final Rule (without repayment rate) vs. 2013 Draft Regulation

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 Final Rule (2011) Draft Regulation (2013)

Min Program 

Size 

30 completers 10 completers

Debt 

amortization 

schedule for 

DTE 

calculation 

Debt amortized over 10, 15 and 20 years 

for certificate/associate’s, bachelors and 

graduate programs respectively

Debt amortized over 10 years for all 

credential/degree levels

Tuition & fees 

cap in DTE 

calculation 

Median debt capped at program tuition and 

fees (if reported by institution) 

No tuition and fees cap for median debt

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2011 Final Rule (without repayment rate) vs. 2013 Draft Regulation, cont.
 Final Rule (2011) Draft Regulation (2013)

Students 

excluded from 

DTE 

calculation 

• Loans in military deferment status (no 

min time requirement)

• Loan discharged for disability

• Enrolled at an eligible institution (no time 

min time requirement)

• Student died 

• Loans in military deferment status for at 

least 60 days

• Loan discharged for disability

• Enrolled on at least half-time basis at an 

eligible institution for at least 60 days

• Student died 

• Completed a higher credentialed GE 

program at the institution

Alternate 

earnings 

challenge for 

DTE 

calculation 

For failing program, institution may submit 

alternate earnings information using:

• Data from survey conducted by institution 

in accordance with NCES standards

• State earnings data

For failing program, institution may submit 

alternate earnings information using:

• Data from survey conducted by institution 

in accordance with NCES standards

Alternate DTE 

calculation in 

first 3yrs 

In first 3yrs of rule, alternate DTE 

calculation may be applied that uses BLS 

data for earnings

In first 3yrs of rule, alternate DTE 

calculation may be applied that uses the 

median loan debt of students completing 

in the most recent year (decouples debt 

and earnings)

Cap of 

ineligible 

programs in 

first year of 

rule 

For each institutional category (public, 

private non-profit, proprietary), ineligible 

programs capped at number accounting for 

5% of that year’s completers

No equivalent provision

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2011 Final Rule (without repayment rate) vs. 2013 Draft Regulation, cont.
 Final Rule (2011) Draft Regulation (2013)

Disclosures 

• Occupation

• Cost of tuition, fees, books, supplies, 

room & board 

• On-time completion rate

• Placement rate

• Median loan debt 

• Repayment rate (dollar-based)

• Calculation adjusted to account for 

loans in negative amortization

• Occupation

• Cost of tuition, fees, books, supplies

• Completion rate (100 & 150% of 

program time)

• Placement rate

• Median loan debt 

• Repayment rate (borrower-based)

• Generally, payment of $1 of principal 

over course of year counts as positive 

repayment, but for loans in negative 

amortization, full payments must be 

made for entire year 

• Median earnings

• Whether program meets requirements 

for licensure (if applicable) 

Reporting 

For each student:

• Student identifiers linked to institution

• Name and CIP code of program

• Date of completion

• Private and institutional loan amounts

• Whether student matriculated to higher 

credential program 

• Total number of students enrolled in 

each program at institution and 

identifying information

• Explanation for any missing data

For each student:

• Student identifiers linked to institution

• Name, CIP code, credential level, and 

normal time of program

• Date of completion or withdrawal

• Private and institutional loan amounts

• Date of initial attendance

• Attendance dates and enrollment status 

during the award year

• Explanation for any missing data

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2011 Final Rule (without repayment rate) vs. 2013 Draft Regulation, cont.