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§ 1087d. Agreements with institutions

Official text

Section titled “Official text”
§ 1087d.

Agreements with institutions

(a)

Participation agreements

An agreement with any institution of higher education for participation in the direct student loan program under this part shall—

(1)

provide for the establishment and maintenance of a direct student loan program at the institution under which the institution will—

(A) identify eligible students who seek student financial assistance at such institution in accordance with section 1091 of this title;
(B) estimate the need of each such student as required by part F of this subchapter for an academic year, except that, any loan obtained by a student under this part with the same terms as loans made under section 1078–8 of this title (except as otherwise provided in this part), or a loan obtained by a parent under this part with the same terms as loans made under section 1078–2 of this title (except as otherwise provided in this part), or obtained under any State-sponsored or private loan program, may be used to offset the student aid index of the student for that year;
(C) provide a statement that certifies the eligibility of any student to receive a loan under this part that is not in excess of the annual or aggregate limit applicable to such loan, except that the institution may, in exceptional circumstances identified by the Secretary, refuse to certify a statement that permits a student to receive a loan under this part, or certify a loan amount that is less than the student’s determination of need (as determined under part F of this subchapter), if the reason for such action is documented and provided in written form to such student;
(D) set forth a schedule for disbursement of the proceeds of the loan in installments, consistent with the requirements of section 1078–7 of this title; and
(E)

provide timely and accurate information—

(i) concerning the status of student borrowers (and students on whose behalf parents borrow under this part) while such students are in attendance at the institution and concerning any new information of which the institution becomes aware for such students (or their parents) after such borrowers leave the institution, to the Secretary for the servicing and collecting of loans made under this part; and
(ii) if the institution does not have an agreement with the Secretary under subsection (b), concerning student eligibility and need, as determined under subparagraphs (A) and (B), to the Secretary as needed for the alternative origination of loans to eligible students and parents in accordance with this part;
(2) provide assurances that the institution will comply with requirements established by the Secretary relating to student loan information with respect to loans made under this part;
(3) provide that the institution accepts responsibility and financial liability stemming from its failure to perform its functions pursuant to the agreement;
(4) provide for the implementation of a quality assurance system, as established by the Secretary and developed in consultation with institutions of higher education, to ensure that the institution is complying with program requirements and meeting program objectives;
(5) provide that the institution will not charge any fees of any kind, however described, to student or parent borrowers for origination activities or the provision of any information necessary for a student or parent to receive a loan under this part, or any benefits associated with such loan;
(6) provide assurances that, beginning , the institution will comply with all requirements of subsection (c); and
(7) include such other provisions as the Secretary determines are necessary to protect the interests of the United States and to promote the purposes of this part.
(b)

Origination

An agreement with any institution of higher education, or consortia thereof, for the origination of loans under this part shall—

(1) supplement the agreement entered into in accordance with subsection (a);
(2) include provisions established by the Secretary that are similar to the participation agreement provisions described in paragraphs (1)(E)(ii), (2), (3), (4), (5), (6), and (7) of subsection (a), as modified to relate to the origination of loans by the institution or consortium;
(3) provide that the institution or consortium will originate loans to eligible students and parents in accordance with this part; and
(4) provide that the note or evidence of obligation on the loan shall be the property of the Secretary.
(c)

Ineligibility for certain programs based on low earning outcomes

(1)

In general

Notwithstanding section 1088(b) of this title, an institution of higher education subject to this subsection shall not use funds under this part for student enrollment in an educational program offered by the institution that is described in paragraph (2).
(2)

Low-earning outcome programs described

An educational program at an institution is described in this paragraph if the program awards an undergraduate degree, graduate or professional degree, or graduate certificate, for which the median earnings (as determined by the Secretary) of the programmatic cohort of students who received funds under this subchapter for enrollment in such program, who completed such program during the academic year that is 4 years before the year of the determination, who are not enrolled in any institution of higher education, and who are working, are, for not less than 2 of the 3 years immediately preceding the date of the determination, less than the median earnings of a working adult described in paragraph (3) for the corresponding year.
(3)

Calculation of median earnings

(A)
Working adult

For purposes of applying paragraph (2) to an educational program at an institution, a working adult described in this paragraph is a working adult who, for the corresponding year—

(i) is aged 25 to 34;
(ii) is not enrolled in an institution of higher education; and
(iii)
(I) in the case of a determination made for an educational program that awards a baccalaureate or lesser degree, has only a high school diploma or its recognized equivalent; or
(II) in the case of a determination made for a graduate or professional program, has only a baccalaureate degree.
(B)
Source of data

For purposes of applying paragraph (2) to an educational program at an institution, the median earnings of a working adult, as described in subparagraph (A), shall be based on data from the Bureau of the Census—

(i)

with respect to an educational program that awards a baccalaureate or lesser degree—

(I) for the State in which the institution is located; or
(II) if fewer than 50 percent of the students enrolled in the institution reside in the State where the institution is located, for the entire United States; and
(ii)

with respect to an educational program that is a graduate or professional program—

(I)

for the lowest median earnings of—

(aa) a working adult in the State in which the institution is located;
(bb) a working adult in the same field of study (as determined by the Secretary, such as by using the 2-digit CIP code) in the State in which the institution is located; and
(cc) a working adult in the same field of study (as so determined) in the entire United States; or
(II)

if fewer than 50 percent of the students enrolled in the institution reside in the State where the institution is located, for the lower median earnings of—

(aa) a working adult in the entire United States; or
(bb) a working adult in the same field of study (as so determined) in the entire United States.
(4)

Small programmatic cohorts

For any year for which the programmatic cohort described in paragraph (2) for an educational program of an institution is fewer than 30 individuals, the Secretary shall—

(A) first, aggregate additional years of programmatic data in order to achieve a cohort of at least 30 individuals; and
(B) second, in cases in which the cohort (including the individuals added under subparagraph (A)) is still fewer than 30 individuals, aggregate additional cohort years of programmatic data for educational programs of equivalent length in order to achieve a cohort of at least 30 individuals.
(5)

Appeals process

An educational program shall not lose eligibility under this subsection unless the institution has had the opportunity to appeal the programmatic median earnings of students working and not enrolled determination under paragraph (2), through a process established by the Secretary. During such appeal, the Secretary may permit the educational program to continue to participate in the program under this part.
(6)

Notice to students

(A)
In general

If an educational program of an institution of higher education subject to this subsection does not meet the cohort median earning requirements, as described in paragraph (2), for one year during the applicable covered period but has not yet failed to meet such requirements for 2 years during such covered period, the institution shall promptly inform each student enrolled in the educational program of the eligible program’s low cohort median earnings and that the educational program is at risk of losing its eligibility for funds under this part.
(B)
Covered period

In this paragraph, the term “covered period” means the period of the 3 years immediately preceding the date of a determination made under paragraph (2).
(7)

Regaining programmatic eligibility

The Secretary shall establish a process by which an institution of higher education that has an educational program that has lost eligibility under this subsection may, after a period of not less than 2 years of such program’s ineligibility, apply to regain such eligibility, subject to the requirements established by the Secretary that further the purpose of this subsection.
(d)

Withdrawal and termination procedures

The Secretary shall establish procedures by which institutions or consortia may withdraw or be terminated from the program under this part.
(Pub. L. 89–329, title IV, § 454, as added Pub. L. 99–498, title IV, § 404, , 100 Stat. 1438; amended Pub. L. 100–50, § 12, , 101 Stat. 348; Pub. L. 102–325, title IV, § 451, , 106 Stat. 571; Pub. L. 103–66, title IV, § 4021, , 107 Stat. 345; Pub. L. 111–152, title II, § 2210(a), , 124 Stat. 1078; Pub. L. 116–260, div. FF, title VII, § 704(1), , 134 Stat. 3199; Pub. L. 119–21, title VIII, § 84001, , 139 Stat. 353.)