June 20, 2024
On October 31, 2023, the Department published a final rule in the Federal Register [88 FR 74568] amending the regulations related to Financial Responsibility, Administrative Capability, Certification Procedures, and Ability To Benefit (ATB) pertaining to the student financial assistance programs under Title IV of the Higher Education Act of 1965, as amended (Title IV, HEA programs). This Electronic Announcement provides information on the implementation of new requirements related to Gainful Employment (GE) programs under the Administrative Capability regulations in 34 C.F.R. § 668.16(t) and the Financial Responsibility regulations in § 668.171(c), which go into effect July 1, 2024.
Administrative Capability § 668.16(t)
For institutions that offer GE programs, the regulations at § 668.16(t) require that less than half of their total Title IV, HEA funds come from programs that are “failing” under subpart S of 34 C.F.R. Part 668 for the most recent award year. To determine compliance with this requirement, the Department will utilize our administrative data provided from institutions through the Common Origination and Disbursement (COD) and National Student Loan Data System (NSLDS) to determine:
