Providing Consumer CHAPTER 6 Information

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Providing ConsumerInformationCHAPTER6This chapter describes the requirements for the consumer information thata school must provide to students, the Department, and others as well asa summary of the effects of misrepresentation of school information on aschool’s Federal Student Aid (FSA) participation.Each year a school must provide to enrolled students a noticecontaining a list of the consumer information it must disseminate,and the procedures for obtaining this consumer information. Schoolsmust provide this notice through a one-on-one distribution.CHAPTER 6 HIGHLIGHTSzx Basic consumer information requirementsSchools must also provide a notice (though not an individualnotice) of student rights under the Family Educational Rights andPrivacy Act (FERPA). (See Chapter 9 for more information aboutFERPA; see sidebar note for sample notice on the Web.)zx Graduation & completion rates on IPEDSThe student consumer information requirements are describedin Subpart D of the General Provisions (668.41-48).Those requirements include— Financial assistance information and information about theschool’s academic programs and policies, Information on graduation or completion rates, and Information about the school’s security policies and crimestatistics report.Coeducational chools that have intercollegiate athletic programsare also required to provide information on athletic programparticipation rates and financial support for those programs. If aschool offers athletically-related aid, it must also provide informationon graduation or completion rates for its student athletes.In addition to the information required under the consumerinformation regulations, schools must distribute drug and alcoholabuse prevention materials, and ensure that students who areborrowing under the FSA loan programs have received appropriatecounseling regarding their loan obligation and repayment options.‡ financial aid information‡ general information about the school‡ consumer information from ED(Student Right-to-Know)zx Athletic participation data (Equity inAthletics)zx Loan counselingzx Drug & alcohol abuse preventionzx Misrepresentationzx Campus security (Clery Act)Consumer information citesHEA Sec. 485(f)20 U.S.C. 109234 CFR 668.41-48Assessing your school’scomplianceTo assess or school’s compliance withthe provisions of this chapter, see theFSA Assessment module for “ConsumerInformation,” ormation.htmlSample notice of FERPA rightsYou can find a sample notification at ED’sFERPA Web ials.htmlThese requirements are discussed in more detail in theremainder of this chapter. In some cases, a school is only required tomake information available upon request, while in others the schoolmust directly distribute the required information. You can find achart summarizing the consumer information requirements at theend of this chapter.2–67

Volume 2 — School Eligibility and Operation, 2007-2008Definitions for basic consumerinformation34 CFR 668.41(a)34 CFR 668.47(b)Basic information includesFinancial assistance information pursuant to34 CFR 668.42, andInstitutional information pursuant to34 CFR 668.43Individual Notice RequiredCivil penaltyIn addition to limiting, suspending, orterminating the participation of any schoolthat fails to comply with the consumerinformation requirements, the Departmentmay impose civil fines of up to 27,500 foreach violation.Civil penalty citeSec. 487(c)(3)(B) of the HEABasic Consumer Information RequirementsThe regulations list basic information about the school andabout financial aid that must be available to enrolled and prospectivestudents. If necessary, the information listed below must be providedby your school. However, much of the required information mayalready be available in brochures and handouts routinely disseminatedby the school or in federal publications such as Funding Your EducationBeyond High School.Financial aid informationAt a minimum, the following information must be provided aboutfinancial assistance available at a school: the need-based and non-need-based federal financial aidthat is available to students; the need-based and non-need-based state and local aidprograms, school aid programs, and other private aidprograms that are available; how students apply for aid and how eligibility is determined; how the school distributes aid among students; the rights and responsibilities of students receiving aid; how and when financial aid will be disbursed; the terms and conditions of any employment that is part ofthe financial aid package; the terms of, the schedules for, and the necessity of loanrepayment and required loan exit counseling; and the criteria for measuring satisfactory academic progress,and how a student who has failed to maintain satisfactoryprogress may reestablish eligibility for federal financial aid.General information about the schoolThe school must provide the following minimum informationabout itself: the names of associations, agencies, and/or governmentalbodies that accredit, approve, or license the school andits programs, and the procedures by which a student mayreceive a copy for review of the school’s accreditation,licensure, or approval; the special facilities and services available to disabledstudents; the costs of attending the school (tuition and fees, booksand supplies, room and board, and applicable transportationcosts, such as commuting) and any additional costs of theprogram in which the student is enrolled or has expressedan interest; a statement of the requirements for the return of FSA2–68

Chapter 6 — Providing Consumer Informationprogram funds when a student withdraws from school,information about any refund policy with which the schoolmust comply, and the requirements for officially withdrawingfrom the school (For more information about the Return ofFederal Student aid, see Volume 5, Chapter 2.); the degree programs, training, and other education offered; the availability of a GED program, if the school admitsstudents who do not have a high school diploma orequivalent; the instructional, laboratory, and other physical plantfacilities associated with the academic programs; a list of the faculty and other instructional personnel; whom to contact for information on student financialassistance and who for general school issues;Explaining verificationrequirementsA school must give applicants selected forverification a written statement explaining1. Documents required for verification,2. Student responsibilities—includingcorrection procedures, deadlines forcompleting any actions required, and theconsequences of missing the deadlines.3. Notification methods—how your schoolwill notify students if their awards change asa result of verification, and the time frame forsuch notification.cite 34 CFR 668.53Consumer information from theDepartment the terms and conditions under which students receivingfederal education loans may obtain deferments; andStudent Aid on the Webstudentaid.ed.gov information regarding the availability of FSA program fundsfor study abroad programs.Financial Aid Professionalsfsa4schools.ed.govThe school must have someone available during normal operatinghours to help persons obtain consumer information. One full-timeemployee or several persons may be assigned so that someone is alwaysavailable (with reasonable notice) to assist enrolled or prospectivestudents and their families. Existing personnel may satisfy thisrequirement. A school may request a waiver of this requirement if itcan demonstrate that a waiver is appropriate. A school should contacttheir School Participation Team for more information. (See the“Contacts” link on the Financial Aid Professionals portal fsa4schools.ed.gov. )FSA PubsColleges and high schools may order bulkquantities of student/borrower publicationssuch asFunding Your Education Beyond HighSchool from the FSAPubs.org Web site.www.FSAPubs.orgStatutory requirement:Sec. 485 of the HEAConsumer information from the DepartmentThe Department is required to make available to schools, lenders,and secondary schools descriptions of the FSA programs in order toassist students in gaining information through school sources, and toassist schools in carrying out the FSA program requirements.We provide information to students and their families through theStudent Aid on the Web site and publications such as Funding YourEducation Beyond High School. Colleges and high schools may orderbulk quantities of Funding Your Education and other publications forstudents and borrowers by using our FSAPubs.org web site.We provide information to financial aid professionals throughthis Handbook and the our Web pages for Financial Aid Professionals fsa4schools.ed.gov and Information for Financial Aid Professionals ifap.ed.gov .2–69

Volume 2 — School Eligibility and Operation, 2007-2008Student Right-to-Know citeSec. 485(a) of the HEA34 CFR 668.45Student information vs. reportingto EDSchools should not confuse the requirementsand methodologies for providing informationto students and other consumers with therequirement for reporting similar informationto the Department.Disseminating completion/graduation ratesSchools must disseminate the information oncompletion or graduation and, if applicable,transfer-out rates to enrolled and prospectivestudents upon request, through appropriatepublications, mailings, or electronic media (forexample, school catalogs or admissionsliterature). Schools are strongly encouraged toprovide this information to other interestedparties, such as guidance counselors, uponrequestNote that your school’s graduation rates arealso displayed on the IPEDS COOL site:http://nces.ed.gov/ipeds/cool.GraDUATION & COMPLETION RATES (Student Right-toKnow Disclosures)Student Right-to-Know disclosures must be made by July 1 of eachyear (see chart at the end of this chapter).The Student Right-to-Know Act requires schools to disclose:1. Completion or graduation rates and, if applicable, transferout rates for a specific cohort of the general student body.This cohort is of certificate- or degree-seeking, full-time,first-time undergraduate students.2. For schools that offer athletically related student aid,completion or graduation rates and, if applicable, transferout rates of students receiving athletically related studentaid, if the school offers athletic aid.The school must provide student athlete graduation rateinformation to potential student athletes, their parents, and their highschool coaches and guidance counselors upon making an offer ofathletic aid.Schools must make available, to prospective students, no later thanJuly 1, 2007, the rates for the cohort for which the 150% of the normaltime for completion elapsed between September 1, 2005 and August31, 2006.Reporting rates to IPEDSA school such as a community college is required to calculate anddisclose its transfer-out rates only if it determines that its missionincludes providing substantial preparation for its students to enroll inanother eligible school (such as an eligible four-year school).Survey forms, instructions, FAQs, worksheets,and other infomation are posted at:In addition to calculating the completion or graduation ratesdescribed above, a school may, but is not required to calculate:The graduation and completion rates arereported through the Web survey site forthe Department’s Integrated PostsecondaryEducation Data System aspInformation can only be reported to thissystem by the school’s designated “keyholder.”Schools may change keyholders at any timeduring the year by contacting:.Jan Plotczuk202-502-7459IPEDS Universe CoordinatorRm. 8122 1990K Street NWWashington DC 200062–701. A completion or graduation rate for students who transferinto the school;2. A completion or graduation rate and transfer-out rate forthe students described as exclusions to the requirements inthis section.3. A transfer-out rate (required only if preparing students fortransfer is part of the school’s stated or implied mission).However, note that the rates produced by these optionalcalculations cannot be reported to the IPEDS survey site.

Chapter 6 — Providing Consumer InformationNCES, IPEDS, andStudent-Right-to-Know informationThough in some cases the dates by which schools must make consumer and safety informationavailable to students, parents, and high school counselors and coaches are based on the datesby which schools must report that information to the Department, the regulatory requirementsare separate. The disclosure requirements arise from the Student-Right-to-Know and CampusSecurity/Clery Act and the Equity in Athletics Disclosure Act. Schools report similar information tothe Department when they fulfill the requirement that they participate in the annual IntegratedPostsecondary Education Data System (IPEDS) Survey conducted by the National Center for EducationStatistics (NCES).The NCES survey program at the postsecondary education level provides statistical information usedby planners, policy makers, and educators in addressing multiple issues. One major source of thisinformation is the annual Integrated Postsecondary Education Data System (IPEDS) Survey.The IPEDS system, established as the core postsecondary education data collection program for NCES,is a system of surveys designed to collect data from all primary providers of postsecondary education.The IPEDS system is built around a series of interrelated surveys that collect school-level data in suchareas as – school characteristics, enrollments, program completions, staffing patterns, faculty salaries,finances, and financial aid.Information on NCES and IPEDS is available athttp://www.nces.ed.gov/IPEDSReporting completion or graduation and transfer-out rates to theDepartmentTo calculate completion or graduation and transfer-out rates, aschool must identify a group of students each year (a cohort) andreview the performance of that cohort over time to determine thepercentage of those students who complete their programs or transferout of the school. The same snapshot approach is used to determinerates for both the general student body cohort and those rates relatedto students receiving athletically related student aid.IPEDS/GRS DeadlineThe deadline for the Graduation Rate Surveyon the IPEDS site also applies to schools thatdon’t offer athletically related student aid.Your school must report its completion or graduation rates everyspring to the Department through the IPEDS Web site (see sidebar).Disclosing and reporting information on completion or graduationrates for the general student body cohortThe information on completion, graduation rates and, ifapplicable, transfer-out rates must be made available by the July 1immediately following the 12-month period ending August 31 duringwhich the expiration of 150% of normal time took place for the groupof students on which the school bases its completion and transfer-outrate calculation.2–71

Volume 2 — School Eligibility and Operation, 2007-2008WaiversThe regulations provide for waiving thedisclosure of completion or graduation rateand transfer-out rate calculations (to coachesand guidance counselors only) for the generalstudent body cohort and for athletic data forany school that is a member of an athleticassociation or conference that has voluntarilypublished (or will publish) completion orgraduation-rate data that the Departmentdetermines are substantially comparable tothe data required by the regulations.The NCAA may distribute graduation rateinformation to all secondary schools in theUnited States to satisfy the distributionrequirements for prospective student athletes’guidance counselors and coaches. This doesnot relieve the school of its obligation toprovide the information to the prospectivestudent athletes and their parents.The Department will continue to work withinterested agencies to help them developstandards that meet these requirements. If inthe future the Department determines thatanother agency’s requirements meet thestandards of the Student Right-to-Know Act,the Department will inform schools that thoserates may be used to satisfy the Student Rightto-Know disclosure requirements.34 CFR 668.45(e)(1)Reporting to parentsIn cases of separation or divorce, if it is difficultto locate both parents, it is acceptable toprovide the required information solely to theparent who acts as the student’s guardian.Schools must disseminate the information on completion orgraduation and, if applicable, transfer-out rates to enrolled andprospective students upon request, through appropriate publications,mailings, or electronic media (for example, school catalogs oradmissions literature). Schools are strongly encouraged to provide thisinformation to other interested parties, such as guidance counselors,upon request.Reporting completion/graduation rates for student athletesSchools that participate in an FSA program and offer athleticallyrelated student aid must use the IPEDS Web survey to provideinformation on completion or graduation rates, transfer-out rates, ifapplicable, and other statistics for students who receive athleticallyrelated student aid to potential student athletes, and to their parents,high school coaches, and guidance counselors.The definition of athletically related student aid used here anddiscussed earlier in this chapter is the same definition that is alsoused for the Equity in Athletics Disclosure Act (EADA) disclosurerequirements (as discussed in the next section). The definitionsof certificate- or degree-seeking students, first-time undergraduatestudents, undergraduate students, and normal time are the sameas those used for the calculation of completion or graduation andtransfer-out rates for a school’s general student body cohort (alsodiscussed above).In addition to the completion rates and transfer-out rates, schoolsmust report the number of students, categorized by race and gender,who attended the school during the year prior to thesubmission of the report, and within each sport—the number of those attendees whoreceived athletically related student aid, categorized by raceand gender.Disclosing the rates for student athletesA school must also provide the report to each prospective studentathlete and his or her parents, coaches, and counselor when an offerof athletically related student aid is made to the prospective studentathlete.Schools are not required to provide completion rate informationfor students who entered before the 1996-1997 academic year.However, if a school has data on students entering prior to the1996-1997 academic year (as the result of NCAA requirements,for example), the school should report these data in the four-yearaverages.Schools that are not yet reporting completion or graduationrates or, if applicable, transfer-out rates because they do not have the2–72

Chapter 6 — Providing Consumer Informationnecessary data must still disclose the additional data regarding thenumber of students who attended the previous year, categorized byrace and gender, and the number who attended the previous year andwho received athletically related student aid, categorized by race andgender within each sport.There is a de minimus exception to the disclosure requirements forthe completion or graduation rates or, if applicable, the transfer-outrates of student athletes. Schools with five or fewer student athletesneed not disclose their rates.Reporting the rates for student athletesThe rates for student athletes must be completed and submitted tothe Department together with other Student-Right-to-Know data by theGraduation Rate Survey (GRS) deadline.Supplemental informationSchools may provide additional information to place theircompletion or transfer-out rates for both the general student bodyand those related to athletically related student aid in context. Forexample, a small school’s completion rate may vary greatly from yearto year because the school’s calculations use a very small cohort. Theschool may wish to provide prior year’s data and an explanation offactors affecting the completion rate.2–73

Volume 2 — School Eligibility and Operation, 2007-2008Equity in Athletics Disclosure Act(EADA)Equity in Athletics Disclosure Act (EADA) of1994Section 485(e) and (g) of the Higher EducationAct of 196520 U.S.C. 109234 CFR 668.47EADA on the WebSchools report their EADA data on the Web atthe Athletic Disclosure Web Site:http://surveys.ope.ed.gov/athleticsNote that a password and user ID are requiredfor use of this Web site. They are sent by theDepartment to the chief administrator at theschool. For help with this site, contact:eadahelp@westat.comProspective students, their families, andthe public can view the EADA reports forparticipating schools on the Web at:http://ope.ed.gov/athletics/USED’s responsibilitiesThe Department has to ensure that theindividual school reports are made available tothe public within a reasonable period of time.Equity in Athletics (Participation Rates & Supportfor Athletic progams)The Equity in Athletics Disclosure Act (EADA) is intended to makeprospective students aware of a school’s commitment to providingequitable athletic opportunities for its men and women students.Any coeducational institution of higher education that participatesin an FSA program and has an intercollegiate athletic program mustprepare an annual EADA report. The report contains participationrates, financial support, and other information on men’s and women’sintercollegiate athletic programs. Officially, it is The Report on AthleticProgram Participation Rates and Financial Support Data. It is referred to asthe EADA Report.Disclosure of the reportThe EADA requires schools to publish this report by October 15and make it available upon request to students, prospective students,and the public in easily accessible places. For example, a school maymake copies of the report physically available in intercollegiate athleticoffices, admissions offices, or libraries, or by providing a copy to everystudent in his or her electronic mailbox.The EADA Report must be summarized, and its availabilitydescribed in the one-on-one disclosure to all students and prospectivestudents required of the school.A school must provide the report promptly to anyone who requeststhe information. For example, a school may not refuse to provide acopy of the report to the news media, and the school may not requirean individual requesting the information to come to the school to viewthe report. A school may not charge a fee for the information.Schools must submit their Equity in Athletics reports to theDepartment via the Athletic Disclosure website annually within 15 daysof making them available to students, prospective students, and thepublic.2–74

Chapter 6 — Providing Consumer InformationContents of the Equity in Athletics/EADA ReportA school must first designate its reporting year. A reportingyear may be any consecutive 12-month period of time. Forits designated reporting year, a school must report:1. the number of male and female full-timeundergraduate students that attended the school(undergraduate students are those who are consistentlydesignated as such by the school);2. the total amount of money spent on athleticallyrelated student aid (including the value of waivers ofeducational expenses aggregately) for: (a) men’s teamsand (b) women’s teams;3. the ratio of athletically related student aid awarded tomale athletes to athletically related student aid awardedto female athletes (see the definition of athleticallyrelated student aid under Definitions);4. the expenses incurred by the school for— all sports, football, men’s basketball, women’s basketball, all other men’s sports except football and basketball,and all other women’s sports except basketballExpenses not attributable to a particular sport, such asgeneral and administrative overhead, must be includedonly in the total expenses for all sports.A school also may report those expenses on a percapita basis for each team and may report combinedexpenditures attributable to closely related teams,such as track and field or swimming and diving. Thosecombinations must be reported separately for men’sand women’s teams.5. total recruiting expenses aggregately for (a) all men’steams and (b) all women’s teams—6. total annual revenues for— (a) all sports combined, (b)all men’s teams, (c) all women’s teams, (d) football, (e)men’s basketball, (f ) women’s basketball, (g) all men’ssports other than football and basketball, and (h) allwomen’s sports other than basketball;7. in its total revenues and men’s or women’s combinedrevenues, as applicable – revenues not attributableto a particular sport such as untargeted alumnicontributions to athletics, investment income, andstudent activities fees;8. individually by team or by average—a. the annual school salary of non-volunteerhead coaches for all offered sports of (1) men’steams and (2) women’s teams—this must includethe number of persons and full-time equivalentpositions used to calculate each average;b. the annual school salary of non-volunteerassistant coaches for all offered sports of (1) men’steams and (2) women’s teams. This must includethe number of persons and full-time equivalentpositions used to calculate each average;If a coach had responsibility for more than oneteam and a school does not allocate that coach’ssalary by team, the school must divide the salaryby the number of teams for which the coachhad responsibility and allocate the salary amongthe teams on a basis consistent with the coach’sresponsibilities for the different teams.9. a listing of the varsity teams that competed inintercollegiate athletic competition and for eachteam, the following data—a. total number of participants as of the day of thefirst scheduled contest of the reporting year forthe team, number of those who participated onmore than one varsity team, and number of othervarsity teams on which they participated;b. total operating expenses (expenditures onlodging and meals, transportation, officials,uniforms, and equipment) attributable to theteam;c. whether the head coach was male or female,was assigned to the team on a full-time or parttime basis, and, if assigned on a part-time basis,whether the head coach was a full-time or parttime employee of the school (The school mustconsider graduate assistants and volunteers whoserved as head coaches to be head coaches forthe purposes of this report.);d. the number of assistant coaches who were maleand the number of assistant coaches who werefemale, and, within each category, the numberwho were assigned to the team on a full-time orpart-time basis, and, of those assigned on a parttime basis, the number who were full-time andpart-time employees of the school (The schoolmust consider graduate assistants and volunteerswho served as head coaches to be head coachesfor the purposes of this report.); ande. an unduplicated head count of the individualswho were listed as participants on at least onevarsity team, by gender.2–75

Volume 2 — School Eligibility and Operation, 2007-2008DL On-line CounselingStudents can take online counseling at theDirect Loan Web Site at www.dl.ed.govA DL school can sign up to receive regularreports with the names of students who havecompleted on-line counseling. (Log in to theCOD Web site and then select the Direct LoanServicing Online School site.)Providing borrower informationA Direct Loan School should mail updatedborrower information toU.S. Department of EducationPO Box 5609Greenville, TX 75403-5609Staying in touch with the DirectLoan ServicerIf they keep their PIN numbers handy, DirectLoan borrowers can manage their loansonline by going to: www.dl.ed.gov to checkaccount balances, change address, estimaterepayments, or print out forms (deferment,forbearance, electronic debit account).Alternative entrance counselingapproachesThe Direct Loan regulations describe how aschool may adopt alternative approaches as apart of its quality assurance plan — see 34 CFR685.304(a)(4)Loan CounselingBefore a first-time FFEL, or Federal Direct Loan borrower takesout a loan, the school must ensure that entrance counseling isconducted—individually or in a group with other borrowers. Initialcounseling must include: an explanation of the use of an MPN;the importance of the repayment obligation; a description of theconsequences of default; providing sample repayment schedules;familiarization with a borrower’s rights and responsibilities as wellas other terms and conditions. Loan (exit) counseling must also beprovided before the borrower completes his or her course of study orotherwise leaves the school. There are similar requirements for thePerkins loan program (see Volume 6 – Campus-Based Programs).Loan counseling is particularly important because newstudents often have little or no experience with repayment andmanaging debt. Your school must ensure that the student receivescomprehensive entrance and exit counseling, even though thecounseling may be given by a consultant, servicer, lender, orguarantor (usually on the Web), or online on the Direct Loan Website. First-time Stafford borrowers must receive entrance counselingbefore the first disbursement of the loan, and all students whoare graduating or withdrawing from school must receive exitcounseling. If the counseling is given electronically, you’ll need tomake sure that the student receives written counseling materialsfor any required information that is not provided in the electroniccounseling presentation. Your school is also responsible for makingknowledgeable staff available to answer student questions.The following pages list the elements of entrance and exitcounseling that are either required by regulation or recommended.However, there are many ways to deliver this information and toreinforce it through continuing contacts with your student borrowers.You h

chart summarizing the consumer information requirements at the end of this chapter. Consumer information cites HEA Sec. 485(f) 20 U.S.C. 1092 34 CFR 668.41-48 Providing Consumer Information This chapter describes the requirements for the consumer information that a school must p

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