Gainful Employment Disclosure Requirements, Correcting Data and Adding Programs

1. Gainful Employment Disclosure Requirements, Correcting Data and Adding Programs Susan Bowder Cynthia Hammond U.S. Department of Education

2. What We Will Cover • Status of GE Regulations • Disclosure • Updating Information • What is new in Fall 2012 • Correcting previously reported data • Adding New Programs

3. STATUS OF GAINFUL EMPLOYMENT REGULATIONS

4. U.S. District Court Decision • On June 30, 2012, a U.S. District Court vacated most of the gainful employment regulations • Court’s decision was based on ED’s rationale for setting the Repayment Rate failure threshold • Because of the interrelationship of the gainful employment requirements, the Court vacated most of the gainful employment regulations – GE Metrics, GE Reporting, Adding New GE Programs • Court left in place GE Disclosure requirements

5. Disclosure

6. Disclosure Requirements: • Occupations • Normal Time to complete the program • On-time graduation rate for completers • Total cost of the program - tuition and fees, books and supplies, room and board • Placement rate for completers • Median loan debt

7. Disclosure Template • Similar to the template used for the Net Price Calculator (NPC) • Allows institutions to enter their own data, combines it with ED data, and displays in consistent consumer-friendly webpage • Difference: NPC template was optional; GE template is required

8. Institution enters data into the online form: • Program length • Related SOCs • Total tuition and required fees for the entire program • Total estimated costs for books and supplies • Room and board (if applicable) • On-time graduation rate for completers • Job placement rate

9. After entering all the data for the program, hit submit • ZIP file produced with html page to be put on your institution’s website • Note: file upload option will be available so you don’t have to enter all data for all programs on screen manually – produces ZIP files for all programs at once

10. Timing for Disclosure Template • Template availability • Electronic Announcement • Deadline to use template for Award Year 2011-12

11. Disclosure Tips: • If no SSN, do not include that student in disclosure calculations • If the number of students who completed a GE Program during the award year was less than 10, the school should not disclose to the public: • Median debt amounts • On-time completion rate

12. More Tips: Promotional Materials • Invitation, advertisement, or solicitation mentions or otherwise refers to a specific GE Program or Programs • Institution may display the URL or provide a live link to the webpage where the required information is located, with a clear explanation of the information that is available at that webpage

13. On-Time Completion • Number of students who completed in most recently completed award year • Number of those students that completed within normal time • Includes leave of absence • Includes time if a student withdrew and returned • Includes enrollment in other programs if the student did not complete the other program

14. Electronic Announcement #25 • Length of the Programs – Is there is a significant difference in the published length of the programs? • Tuition and Fees – Is there is a significant difference in the tuition, fees, or other costs for the programs? • Programs Offered in Different States – Are programs offered in different states that require different placement rate calculations and different minimum requirements?

15. Updating Previously Reported Information

16. Reporting and Updating Information • Court vacated the gainful employment reporting requirements in 34 CFR 668.6(a) • Institutions are not required to submit gainful employment reports for the just ended 2011-2012 award year • Institutions may update previously reported gainful employment information if they choose to do so

17. NSLDS Enhancements for Corrections to Prior Year Data • Mass Update Capability • Improved Submittal Template • Elimination of some reporting fields • Note: All reporting file formats and templates used last year will continue to be accepted if an institution chooses to make corrections.

18. Mass Update Capability • Update/Change/Correct/Deactivate multiple records simultaneously • Including CIP Code and Credential Level • Improved Submittal Template • Record limit increased from 50 to 250 records • Errors can be corrected on the actual template and resubmitted • Will be available via FSADownload.ed.gov

19. Example of Mass Update Screen

20. Can No Longer Be Corrected: • GE Program Indicator • FFEL or Direct Loans • Enrolled in Another Program • CIP of Other Program • Credential Level of Other Program • Program Name of Other Program • GE Program Indicator of Other Program • OPEID of Other Program • Institution Name of Other Program

21. GE User Guide • Updated GE User Guide to be released • Updated file layout • Details regarding new online functionality • New Submittal template instructions

22. Reminder • Violation of Privacy Act data • Files sent via e-mail without password protection

23. Adding Programs

24. Eligibility Documents Access all documents at eligcert.ed.gov • Electronic Application for Approval to Participate in the Federal Student Financial Aid Programs (E-App) • Program Participation Agreement (PPA) • Eligibility and Certification Approval Report (ECAR)

25. Eligibility References • Code of Federal Regulations (CFR) • 668.8 – Eligible Program • 668.14 – Program Participation Agreement (PPA) • 600.2 – Definitions • 600.10 – Extent of Eligibility • 600.20 – Application Procedures • Federal Student Aid Handbook, Volume 2, Chapter 5

26. Adding Programs • ECAR lists the eligible program levels • ECAR lists the eligible Gainful Employment (GE) programs approved or acknowledged by ED • Eligibility does not automatically include new programs • In some cases, the school may make a self-determination of program eligibility • In some cases, the school must seek ED approval of a new program

27. Adding Programs – School Self-Determination of Eligibility There are two cases in which a school may determine program eligibility without prior ED approval • The added program leads to an associate, bachelor’s, professional, or graduate degree and the school has already been approved to offer programs at that level,* or *If not approved for that level or higher, school would request an Increased Level of Offering

28. Adding Programs – School Self-Determination of Eligibility • A fully certified school adds a program that • is at least a 10-week (of instructional time) program of at least • 8 semester hours, • 12 quarter hours, or • 600 clock hours AND

29. Adding Programs – School Self-Determination of Eligibility • Prepares students for gainful employment in the same or related recognized occupation as an educational program that the Department already has designated as an eligible program at the school • “Recognized Occupation” as defined in 34 CFR 600.2, dated October 29, 2010

30. Adding Programs – School Self-Determination of Eligibility If a school makes such a determination • It must have received the required state and accrediting agency approvals before making the decision • It must include the “self-certified” program on the next recertification e-app, or may report the program sooner • It is liable for FSA funds disbursed if self-determination is found to be incorrect

31. Adding Programs - ED Approval Required ED approval is required for addition of: • Any program under 600 clock hours, regardless of school’s eligibility (short term) • GE program added by a provisionally certified school (per PPA) • Non-degree program at fully certified school in a program of study different or unrelated to already eligible programs

32. Adding Programs - ED Approval Required • A Direct Assessment Program • A Comprehensive Transition and Postsecondary (CTP) Program

33. Adding Programs - Limitations • Schools subject to the 2-year rule, during initial period of participation • ED will not approve new programs unless institution demonstrates a program has been offered for at least two years • Provisionally certified schools with a growth restriction condition • ED will not approve new programs until the issue that lead to the restriction has been resolved

34. Adding Programs – Submitting Changes • Use E-App to submit changes and updates • www.eligcert.ed.gov • In Section A, Question 1, select “Update Information” box • Select the specific updates from the pick list; if “Degree Program” or “Nondegree/Vocational Program” is selected, application will display only the required questions

35. Adding Programs – Submitting Changes • Complete the appropriate questions, and Section L, of the E-App • Mail the signature page (Section L) and the supporting documents listed in Section M to the address indicated

36. Adding Programs – Process if Approval Required • ED will review the new program • ED will evaluate institution’s administrative and financial capability • If approved, a revised ECAR and Approval Letter is issued • Institution may disburse funds after receiving Approval Letter

37. Adding Programs – Process if Approval Required • If not approved, Denial Letter is issued and institution may request reconsideration

38. Adding Programs – Process if Approval Not Required • ED will review the new program and add the program to the institution’s ECAR if program meets eligibility requirements • ED will provide written notification when review is complete • Institution may disburse funds prior to receiving ED notification

39. Adding Programs – Process if Approval Not Required • If program does not meet eligibility requirements, ED will deny eligibility • Institution is liable for FSA funds if program does not meet program eligibility requirements in 34 CFR 668.8

40. Adding Programs – ED Review of Programs • Accreditor and state approval matches E-App (name and program length) • CIP Code consistent with name of program • Leads to a recognized occupation (SOC code) • Meets minimum weeks and clock/credit hours • Meets clock to credit conversion where required

41. Adding Programs – ED Review of Programs • Meets placement and completion rates, and has been in existence for 1 year, if short term (less than 600 hours) • Does not exceed by more than 50% the minimum number of clock hours established by the state for training in the occupation for which the program prepares students

42. Adding Programs – ED Review of Programs • Program meets special requirements if Comprehensive Transition and Postsecondary (CTP) Program

43. Adding Programs – ED Response Sent via E-mail • E-mail instructs institution to go to the PPA/ECAR page of the E-App website to view Approval Letter • Institution prints and reviews copy of Approval Letter and ECAR • E-mail also provides contact information for questions about the action

44. Information on GE on IFAP: http://ifap.ed.gov/GainfulEmploymentInfo Regulations Dear Colleague Letters and Electronic Announcements Frequently Asked Questions Training Resources Resources

45. Resources

46. QUESTIONS?