Institutional Eligibility & Oversight

By Rick Cox

Regulatory changes for Institutional Eligibility and Oversight go into effect July 1, 2023, with 90/10 changes effective for any fiscal year beginning on or after January 1, 2023. The final rules federal register that includes 90/10 changes, along with final rules for Change in Ownership and Pell Grants for Prison Education, was posted on Oct. 28, 2022, and can be found here.

• Colleges need to ensure codes for the Classification of Instructional Programs are up to date using 2020 CIP codes.
• For recertification, the Department of Education will want to see your college’s policies on SAP, Admission and Return to Title IV.
• When submitting the updated E-App, you can sign electronically in section L. It must be a drawn signature.
• There are two types of eligibility: Student and Institutional, with the focus at FSA on Institutional Eligibility and the differences between the E-App, the Program Participation Agreement (PPA), the Eligibility and Certification Approval Report (ECAR), and Approval and Acknowledgement Notices, which should be kept with your Program Participation Agreement and updated ECAR.
• Full certification for participation in Title IV programs is up to six years and allows for self-certification options; however, provisional certification is normally only one to three years with conditional provisions. The FSA Handbook, Volume 2, Chapter 5 provides detailed information on updating the application and requirements on when one must wait for approval from the department to award Title IV funds.
• Two Dear Colleague Letters have been issued providing detailed guidance on colleges seeking to change or add accrediting agencies (GEN 22-10) and procedures for colleges seeking approval of a request to change or add accrediting agencies (GEN 22-11). It is important to remember that the college must first seek approval from the department before moving forward with a change to its current accrediting agency. The college must email the department with the request and include why the change is being requested. Once the department has issued written approval, the college may proceed with submitting an application for the new accrediting agency.
• The Electronic Announcement (General 22-70) provides updated guidance and procedures for Change in Ownership. Any change related to the level in ownership of the college must be reported and approved. Questions or concerns should be addressed with the School Participation Division.
• To prevent delays in receiving E-App updates, ensure all sections have been completed. If reporting more than one update, check the box for each purpose. If the updates are because of recertification only, select recertification on the application. Do not type over names of school officials (check the radio button to indicate a change and then enter the name of the official), make sure the phone numbers given are direct lines, provide emergency contact information for your college in Section K, Question 69 and click the submit button.
• Remember to ensure contacts are accurate with correct email addresses, mailing address and phone numbers. If the information is not accurate, the department may not be able to reach the college on a time-sensitive issue.

Rick Cox is Global’s Executive Director of Regulatory Affairs and Compliance