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federal register

Friday
October 22, 1999

Part VI

Department of
Education
34 CFR Part 668
Student Assistance General Provisions;
Final Rule
57356 Federal Register / Vol. 64, No. 204 / Friday, October 22, 1999 / Rules and Regulations

DEPARTMENT OF EDUCATION school education in a home school that comments and of the changes in the
is treated as a home school or private proposed regulations follows.
34 CFR Part 668 school under State law to be eligible to We discuss substantive issues under
receive title IV, HEA program funds. the sections of the regulations to which
RIN 1845–AA07
• Amending § 668.32(h) to provide they pertain. Generally, we do not
Student Assistance General Provisions that a student file his or her Statement address technical and other minor
of Educational Purpose with the changes and suggested changes the law
AGENCY: Department of Education. Department. does not authorize us to make.
ACTION: Final regulations. • Amending § 668.32(k)(7) to reflect Analysis of Comments and Changes
the name-change of the SSIG program to
SUMMARY: We amend the regulations Section 668.32 Student Eligibility-
the LEAP program.
governing student eligibility for the
student financial assistance programs • Amending § 668.32 by adding as General
authorized under title IV of the Higher § 668.32(l) a cross-reference to the Home-schooled students
Education Act of 1965, as amended (title student eligibility criteria concerning
drug convictions described in proposed Comments: A number of commenters
IV, HEA programs). These programs specifically supported our statement in
include the Federal Pell Grant Program, § 668.40.
• Amending § 668.38 to provide the the NPRM that a student who completes
the campus-based programs (Federal a secondary school education in a home
Perkins Loan, Federal Work-Study conditions under which a student
enrolled in telecommunications courses school setting that is treated as a home
(FWS), and Federal Supplemental school or private school under State law
Educational Opportunity Grant (FSEOG) will not be considered enrolled in
correspondence courses. simply must satisfy the home-school
Programs), the William D. Ford Federal completion requirements of the State in
Direct Loan (Direct Loan) Program, the • Adding § 668.40 to provide the
conditions under which a student who which the student was home schooled
Federal Family Education Loan (FFEL) to be eligible for title IV, HEA program
Program, and the Leveraging has been convicted under Federal or
State law of possession or sale of illegal funds.
Educational Assistance Partnership Changes: None.
(LEAP) Program (formerly called the drugs will be ineligible to receive title
Comments: A number of commenters
State Student Incentive Grant (SSIG) IV, HEA program funds.
specifically supported our statement in
Program). The regulations implement There are no significant differences
the NPRM that the Secretary will allow
changes made to the Higher Education between the NPRM and these final
a home-schooled student to self-certify
Act of 1965, as amended (HEA), by the regulations, except that these final
his or her eligibility in the same way a
Higher Education Amendments of 1998 regulations clarify the status under
high school graduate or General
(Public Law 105–244, enacted October § 668.40 of determinations or
Equivalency Degree (GED) recipient
7, 1998) (1998 Amendments). adjudications for possession or sale of
may.
DATES: These regulations are effective illegal drugs arising out of a juvenile Changes: None.
July 1, 2000. proceeding. Comments: The Department should
Implementation Date: The changes to Discussion of Student Financial clarify the meaning of ‘‘exemption from
§§ 668.32 and 668.38 reflect statutory Assistance Regulations Development compulsory attendance requirements
provisions that already are in effect. Process under State law’’ in proposed
Institutions may use these regulations § 668.32(e)(4)(ii).
prior to July 1, 2000 as guidance in The regulations in this document Discussion: ‘‘Exemption from
complying with those statutory were developed through the use of compulsory attendance requirements
provisions. negotiated rulemaking. Section 492 of under State law,’’ means that the State
FOR FURTHER INFORMATION CONTACT: the HEA requires that, before publishing does not consider a home-schooled
Lloyd Horwich, U.S. Department of any proposed regulations to implement student to be in violation of the State’s
Education, 400 Maryland Avenue, S.W., programs under title IV of the HEA, we truancy laws.
ROB–3, Room 3045, Washington, D.C. obtain public involvement in the Changes: None.
20202–5344. Telephone (202) 708–8242. development of the proposed Comments: The Department should
If you use a telecommunications device regulations. After obtaining advice and clarify whether home-schooled students
for the deaf (TDD), you may call the recommendations, we must conduct a must take an ability-to-benefit test to be
Federal Information Relay Service negotiated rulemaking process to eligible to receive Title IV, HEA
(FIRS) at 1–800–877–8339. develop the proposed regulations. All program funds under proposed
Individuals with disabilities may proposed regulations must conform to § 668.32(e).
obtain this document in an alternate agreements resulting from the Discussion: Home-schooled students
format (e.g., Braille, large print, negotiated rulemaking process unless who satisfy the requirements of
audiotape, or computer diskette) on we reopen that process or explain any § 668.32(e)(4) are eligible to receive title
request to the contact person listed in departure from the agreements to the IV, HEA program funds. They are not
the preceding paragraph. negotiated rulemaking participants. required to take an ability-to-benefit
SUPPLEMENTARY INFORMATION: On July These regulations were published in test.
16, 1999, we published a notice of proposed form on July 16, 1999 in Changes: None.
proposed rulemaking (NPRM) in the conformance with the consensus of the
negotiated rulemaking committee. Section 668.38 Enrollment in
Federal Register (64 FR 38504)
Under the committee’s protocols, Telecommunications and
proposing to amend the regulations
governing student eligibility for the title consensus meant that no member of the Correspondence Courses
IV, HEA programs. In the preamble to committee dissented from the agreed- Comments: The Department should
the NPRM, we discussed the following upon language. We invited comments clarify the status under proposed
proposed changes: on the proposed regulations by § 668.38 of students enrolled in
• Amending § 668.32(e) to allow a September 14, 1999, and 18 comments telecommunications courses at
student who completes a secondary were received. An analysis of the institutions described in section
Federal Register / Vol. 64, No. 204 / Friday, October 22, 1999 / Rules and Regulations 57357

521(4)(C) of the Carl D. Perkins determined by the number and type of Comments: Students should be
Vocational and Applied Technology remaining convictions. allowed to self-certify both their
Education Act. Changes: None. eligibility under this regulation for title
Discussion: Students enrolled in Comments: An institution should not IV, HEA program funds and the renewal
telecommunications courses at be required to be involved in of their eligibility during a payment
institutions described in section determining a student’s eligibility for period.
521(4)(C) of the Carl D. Perkins title IV, HEA program funds under this Discussion: We will allow students to
Vocational and Applied Technology regulation. self-certify their eligibility for title IV,
Education Act are considered to be Discussion: We will not require HEA program funds on the FAFSA or
enrolled in correspondence courses. institutions to question their applicants SAR. We also will allow institutions to
Changes: None. for title IV, HEA program funds about disburse funds to students who regain
drug convictions. We intend to use the eligibility during a payment period or
Section 668.40 Suspension of
aid application process—the Free enrollment period, based on students’
eligibility for drug-related offenses
Application for Federal Student Aid self-certification to the institution.
Comments: The Department should (FAFSA) and the Student Aid Report Students may not self-certify their
clarify that the provisions of § 668.40 (SAR)—to collect the necessary eligibility based on projected eligibility
apply only to a student’s eligibility for information from applicants. However, dates (i.e., students who will regain
title IV, HEA program funds for award we will encourage students to notify eligibility during a payment period may
years beginning on or after July 1, 2000. their financial aid office if their not self-certify at the beginning of the
Discussion: The provisions of § 668.40 eligibility status changes. payment period that they are eligible,
apply only to a student’s eligibility for Changes: None. even though as discussed above,
title IV, HEA program funds for award Comments: An institution should not students who regain eligibility during a
years beginning on or after July 1, 2000. be liable for funds disbursed to a payment period will be eligible to
However, convictions that occur before student when the student is ineligible receive funds for the entire payment
July 1, 2000 may affect a student’s under this regulation and the institution period or enrollment period, as
eligibility for title IV, HEA program is not aware the student is ineligible. appropriate), nor may institutions
funds as of July 1, 2000. For example, Discussion: An institution will not be disburse funds based on projected
a student convicted for the first time for liable for funds disbursed to a student eligibility dates, but institutions will not
possession of a controlled substance on who is ineligible under this regulation be responsible for verifying the accuracy
February 1, 2000 will be ineligible from if the institution is unaware at the time of students’ self-certifications.
July 1, 2000 (the effective date of the of disbursement that the student is Changes: None.
regulations) until February 1, 2001 (one ineligible. Comments: The regulation should not
year from the date of conviction). Changes: None. be overly restrictive in defining what is
Changes: None. Comments: Students who regain their an acceptable drug rehabilitation
Comments: Clarify whether a eligibility under this regulation during a program.
conviction for multiple counts of payment or enrollment period should be Discussion: We agree, and believe that
possession or multiple counts of sale is eligible for aid for the entire payment § 668.40(d) addresses this concern.
considered a single conviction. period (in the case of Pell Grants,
Changes: None.
Discussion: A conviction for multiple FSEOG, FWS, or Perkins Loans) or the
counts of possession or multiple counts entire enrollment period (in the case of Comments: The Department should
of sale is considered a single conviction. Direct or FFEL Loans). Similarly, provide individualized advice to
Also, a determination or adjudication students who lose their eligibility students on the meaning of this
arising out of a juvenile proceeding is during a payment or enrollment period regulation.
not a conviction for purposes of this should not forego funds until the Discussion: We will provide guidance
regulation. beginning of the next payment or to students and institutions over the
Changes: Section 668.40(a)(2) is enrollment period. coming months concerning this
changed to reflect the above clarification Discussion: Students who regain regulation.
concerning juvenile violations. eligibility under this regulation during a Changes: None.
Comments: The Department should payment period will be eligible to Executive Order 12866
clarify the meaning of ‘‘indefinite’’ receive Pell Grants, FSEOG, FWS, or
under §§ 668.40(b)(1)(iii) and (b)(2)(ii), Perkins Loans for the entire payment Under Executive Order 12866, we
concerning the ineligibility period of a period, and will be eligible to receive have assessed the potential costs and
student convicted three or more times Direct or FFEL Loans for the entire benefits of this regulatory action. The
for possession of illegal drugs or two or enrollment period. potential costs associated with this
more times for sale of illegal drugs. However, students who lose eligibility regulatory action are those resulting
Discussion: For purposes of this during a payment period will be from statutory requirements and those
regulation, ‘‘indefinite’’ means immediately ineligible to receive we have determined are necessary to
permanent, unless (1) the student subsequent disbursements of any title administer this program effectively and
completes an approved drug IV, HEA program funds, and will be efficiently.
rehabilitation program described in required to repay any title IV, HEA In assessing the potential costs and
§ 668.40(d) or (2) convictions are program funds that they receive after benefits of this regulatory action—both
reversed, set aside, or removed from the losing their eligibility. Those students quantitative and qualitative—we have
student’s record so that the student has will not be considered to have been determined that the benefits justify the
fewer than three convictions for ineligible for funds disbursed to them costs. We have also determined that this
possession and fewer than two prior to their loss of eligibility. regulatory action would not unduly
convictions for sale remaining on his or Institutions will not have to recalculate interfere with State, local, and tribal
her record, in which case the student’s students’ awards on a pro-rata basis. governments in the exercise of their
ineligibility period would be Changes: None. governmental functions.
57358 Federal Register / Vol. 64, No. 204 / Friday, October 22, 1999 / Rules and Regulations

We summarized the potential costs Dated: October 18, 1999. (i) The student is enrolled in a
and benefits of this regulatory action in Richard W. Riley, program that leads to a certificate for a
the preamble to the NPRM. Secretary of Education. program of study of 1 year or longer, or
The Secretary amends part 668 of title an associate, bachelor, or graduate
Paperwork Reduction Act of 1995
34 of the Code of Federal Regulations as degree; and
These proposed regulations do not follows: (ii) The number of
contain any information collection telecommunications and
requirements. PART 668—STUDENT ASSISTANCE correspondence courses the institution
GENERAL PROVISIONS offered during its latest completed
Assessment of Educational Impact award year was fewer than 50 percent
1. The authority citation for part 668 of all the courses the institution offered
In the NPRM, we requested comments is amended to read as follows: during that same year.
on whether the proposed regulations Authority: 20 U.S.C. 1001, 1002, 1003, (2) For purposes of paragraph (b)(1) of
would require transmission of 1085, 1088, 1091, 1092, 1094, 1099c, and this section, an institution of higher
information that any other agency or 1099c–1, unless otherwise noted. education is one—
authority of the United States gathers or (i) That is not an institute or school
2. Section 668.32 is amended as
makes available. Based on the response described in section 521(4)(C) of the
follows:
to the NPRM and on our review, we A. In paragraph (e)(2), by removing Carl D. Perkins Vocational and Applied
have determined that these final ‘‘or’’; Technology Act; and
regulations do not require transmission B. In paragraph (e)(3), by adding ‘‘or’’ (ii) At which at least 50 percent of the
of information that any other agency or after the semi-colon; programs of study offered by the
authority of the United States gathers or C. By adding a new paragraph (e)(4) institution during its latest completed
makes available. to read as follows; award year led to an associate, bachelor,
Electronic Access to This Document D. In paragraph (h), by removing ‘‘, or or graduate degree.
in the case of a loan made under the (3) For purposes of paragraph (b)(1)(ii)
You may view this document in text FFEL Program, with the lender’’; of this section, the institution must
or Adobe Portable Document Format E. In paragraph (j), by removing the calculate the number of courses using
(PDF) on the Internet at the following ‘‘and’’ after the semi-colon; the provisions contained in 34 CFR
sites: F. In paragraph (k)(7), by removing 600.7(b)(2).
‘‘SSIG’’ and adding in its place, 4. Section 668.40 is added to read as
http://ocfo.ed.gov/fedreg.htm ‘‘LEAP,’’ by removing the period at the follows:
http://www.ed.gov/legislation/HEA/ end of the paragraph and adding in its § 668.40 Conviction for possession or
rulemaking/ place a semi-colon, and adding ‘‘and’’ sale of illegal drugs.
l
http://ifap.ed.gov/csb html/
after the semi-colon; and
G. By adding paragraph (l) to read as
(a)(1) A student is ineligible to receive
title IV, HEA program funds if the
fedlreg.htm follows. student has been convicted of an offense
To use the PDF you must have the involving the possession or sale of
§ 668.32 Student eligibility—general.
Adobe Acrobat Reader Program with illegal drugs for the period described in
Search, which is available free at the * * * * *
(e) * * * paragraph (b) of this section. However,
first of the previous sites. If you have the student may regain eligibility before
(4) Was home-schooled, and either—
questions about using the PDF, call the (i) Obtained a secondary school that period expires under the conditions
U.S. Government Printing Office (GPO) completion credential for home school described in paragraph (c) of this
toll free, at 1–888–293–6498; or in the (other than a high school diploma or its section.
Washington, D.C., area at (202) 512– recognized equivalent) provided for (2) For purposes of this section, a
1530. under State law; or conviction means only a conviction that
Note: The official version of this document (ii) If State law does not require a is on a student’s record. A conviction
is the document published in the Federal home-schooled student to obtain the that was reversed, set aside, or removed
Register. Free Internet access to the official credential described in paragraph from the student’s record is not relevant
edition of the Federal Register and the Code (e)(4)(i) of this section, has completed a for purposes of this section, nor is a
of Federal Regulations is available on GPO secondary school education in a home determination or adjudication arising
Access at: http://www.access.gpo.gov/nara/ out of a juvenile proceeding.
index.html
school setting that qualifies as an
exemption from compulsory attendance (3) For purposes of this section, an
(Catalog of Federal Domestic Assistance illegal drug is a controlled substance as
requirements under State law;
numbers: 84.007 Federal Supplemental defined by section 102(6) of the
Educational Opportunity Grant Program; * * * * *
84.032 Consolidation Program; 84.032 (1) Is not ineligible under § 668.40. Controlled Substances Act (21 U.S.C.
Federal Stafford Loan Program; 84.032 * * * * * 801(6)), and does not include alcohol or
Federal PLUS Program; 84.032 Federal 3. Section 668.38 is amended by tobacco.
Supplemental Loans for Students Program; revising paragraph (b) to read as follows: (b)(1) Possession. Except as provided
84.033 Federal Work-Study Program; 84.038 in paragraph (c) of this section, if a
Federal Perkins Loan Program; 84.063 § 668.38 Enrollment in student has been convicted—
Federal Pell Grant Program; 84.069 LEAP; telecommunications and correspondence (i) Only one time for possession of
and 84.268 William D. Ford Federal Direct courses. illegal drugs, the student is ineligible to
Loan Programs) * * * * * receive title IV, HEA program funds for
List of Subjects in 34 CFR Part 668 (b)(1) For purposes of this section, a one year after the date of conviction;
student enrolled in a (ii) Two times for possession of illegal
Administrative practice and telecommunications course at an drugs, the student is ineligible to receive
procedure, Colleges and universities, institution of higher education is not title IV, HEA program funds for two
Student aid, Reporting and enrolled in a correspondence course, years after the date of the second
recordkeeping requirements. if— conviction; or
Federal Register / Vol. 64, No. 204 / Friday, October 22, 1999 / Rules and Regulations 57359

(iii) Three or more times for an indefinite period after the date of the under a Federal, State, or local
possession of illegal drugs, the student second conviction. government program;
is ineligible to receive title IV, HEA (c) If a student successfully completes (ii) Is administered or recognized by
program funds for an indefinite period a drug rehabilitation program described a Federal, State, or local government
after the date of the third conviction. in paragraph (d) of this section after the agency or court;
(2) Sale. Except as provided in student’s most recent drug conviction, (iii) Has received or is qualified to
paragraph (c) of this section, if a student the student regains eligibility on the receive payment directly or indirectly
has been convicted— date the student successfully completes from a Federally- or State-licensed
the program. insurance company; or
(i) Only one time for sale of illegal (d) A drug rehabilitation program (iv) Is administered or recognized by
drugs, the student is ineligible to receive referred to in paragraph (c) of this a Federally- or State-licensed hospital,
title IV, HEA program funds for two section is one which— health clinic or medical doctor.
years after the date of conviction; or (1) Includes at least two unannounced
(Authority: 20 U.S.C. 1091(r))
(ii) Two or more times for sale of drug tests; and
illegal drugs, the student is ineligible to (2)(i) Has received or is qualified to [FR Doc. 99–27673 Filed 10–21–99; 8:45 am]
receive Title IV, HEA program funds for receive funds directly or indirectly BILLING CODE 4000–01–U

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