The regulations governing the Family Educational Rights and Privacy Act (FERPA), 34 CFR 99 articulate obligations and responsibilities specifically pertaining to the institution of higher education generally, as well as the financial aid practitioner specifically. The regulations attempt to provide guidance for the institution of higher education regarding student information and records and their confidentiality. Read more »

On February 11, 1998, the Office of Student Financial Assistance (SFAP), issued a Final Program Review Determination Letter (FPRD) to Donnelly College (the “College”) finding that the College, for the period of time July, 1989 through March 1997, had, among other findings, improperly paid Title IV monies to ineligible students. Donnelly College is a two year community college serving an economically and educationally disadvantaged student population.
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There has been much controversy and a recent article in the Chronicle of Higher Education regarding the appeal by St. Louis University of a Program Review and Final Determination pertaining to the Title IV Programs conducted by the Office of Student Financial Assistance Programs(SFAP)of the Department of Education(DOE). The main issue of dispute between St. Louis and DOE is the director’s use of professional judgment. Read more »

In March of 2001, the Office of Student Financial Assistance (SFAP) of the U.S. Department of Education (DOE) issued a Final Audit Determination Letter (FADL) alleging that Armstrong Atlantic State University of Savannah, Georgia (the “College”) had violated the Title IV regulations by failing to calculate refunds for students who unofficially withdrew from the College. As unofficial withdrawals are a problem at many institutions, this case report is illustrative of DOE’s position and how these issues are dealt with by the administrative law judges.
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As was demonstrated in last month's article, the burden of proof rests with the institution when an institution appeals a Department of Education (DOE) finding against it. In the matter of Wright Business School (the “College”), Docket No. 00-56-SP, decision February 7, 2002, the College challenged a Student Financial Assistance Program (SFAP) Final Program Review Determination (FDRP) Finding of $151,950 alleging that the College improperly calculated refunds for students who had withdrawn from the College prior to completion of their respective programs.
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In a Federal Register, dated October 31, 2002, final regulations add a new paragraph to Sec. 668.46(b)(12) to reflect a change to section 483(f)(1) of the Higher Education Act of 1965, as amended (HEA) that was made by the Campus Sex Crimes Prevention Act (CSCPA) (Sec. 1601 of Public Law 106-386). Pursuant to this new provision, an institution is required to inform the entire college community how they can obtain information about registered sex offenders who may be present on campus. Read more »

On July 17, 2002, the Office of Federal Student Aid of the U.S. Department of Education (FSA) notified Trocaire College (hereinafter the “College”) in a final program review determination letter that the College was required to repay to the Department of Education (DOE) $482,313 in improperly disbursed Title IV funds. As is its right under the applicable Title IV regulations 34 CFR 668.111-118, the College appealed this finding. (In the Matter of Trocaire College, Docket No. 02-78-SP.)
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Alfred Adler Graduate School (The School), located in Hopkins, MN, operates as a graduate school of higher education that participates in the federal student aid programs authorized under Title IV of the Higher Education Act of 1965, as amended. Read more »

Within the ever changing landscape of higher education, more and more colleges are developing hybrid programs in order to attract and retain a population of students who might otherwise not attend. One of those aforementioned hybrid programs is the dual degree program. The dual degree program is a graduate program into which students are accepted with or without a previous baccalaureate degree. Although this type of program is exciting to the admissions office and prospective students, it can be a challenge for the financial aid administer.
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Community and technical colleges by their very mission are required to react quickly to emerging vocational trends by developing and developing educational programs to meet the needs of their students and community employers. However, institutions are required by federal regulations to take certain steps in order to establish financial aid eligibility for new degree and certificate programs. Read more »