Committee IV Institutional Eligibility Issues

Second Meeting
February 26-27, 1999
Washington, DC

The second meeting of Committee IV commenced as scheduled at approximately 9:00 a.m. on Friday, February 26, 1999 and adjourned on Saturday, February 27 at approximately 4:30 p.m. The meeting was held at the DoubleTree Hotel Park Terrace. The meeting was facilitated by and this meeting summary was written by Greg Bourne and Greg Sobel.

The meeting began with the facilitators and spokespersons introducing themselves. Next the facilitators provided an overview of activities since the last meeting and the proposed agenda for this meeting. In particular, the Accreditation Subcommittee and Privileged Information Subcommittee had both met and were prepared to report their progress to the Committee.

The primary focus of this meeting was to hear and review reports from the Subcommittees and respond to draft negotiating text and related materials prepared by the Department and other Committee members since the last meeting. The draft text and related materials prepared by the Department were developed on an accelerated schedule from that initially envisioned. Some of the materials were in the form of questions about specific issues and provisions for which the Department desired more input before drafting text. In other instances, draft regulatory language was presented for discussion, refinement and, where possible, agreement.

The meeting began with a report from the Accreditation Subcommittee. Subcommittee members reported significant progress on draft negotiating text but were not yet prepared to make specific recommendations to the Committee. They identified the 12-month time rule and the definition of branch campuses as the major issues to be resolved. It was requested that the Department prepare a list of all places where branches are noted in the regulations.

The Committee then discussed Audit Waiver provisions. The Committee raised the issue of Program Review Guidelines and asked that time be set aside at the beginning of the next meeting (April 8) to discuss this. The Committee asked the Department to invite Jeanne VanVlandren, the Director of the Institutional Participation and Oversight Service, to participate in the discussion.

The Department agreed to inquire about her availability. The Department suggested, however, that Ms. VanVlandren be invited to meet with those interested in discussing this issue during the morning of April 8, before the Committee meeting begins. This would allow the Committee to preserve meeting time for the issues the Committee is charged with negotiating. (Ms. VanVlandren has agreed to meet with those interested in this issue at 10:30 a.m. on April 8.)

After a lunch break, the Privileged Information Subcommittee made its report and the discussions turned to campus crime reporting provisions. The Subcommittee reported significant progress, citing the need to address a few issues related to pastoral counseling before its work is completed. Responding to concerns raised about provisions of interest to more than one Committee, the facilitators and Department negotiators indicated they would confer and suggest possible approaches for dealing with this.

The next provisions considered were those pertaining to Part 668 - Student Assistance General Provisions. The Committee reached consensus on several of these provisions, although many require additional refinements. The areas of agreement are highlighted in Attachment A. Campus crime reporting issues were the subject of discussions Friday afternoon and Saturday morning. At the end of the discussions, another Subcommittee was formed to consider issues related to crime logs. Members of that Subcommittee are Daniel Carter, Jon Fuller, Bill Lawbaugh, Cyndy Littlefield, Travis Reindl, Delores Stafford, Bill Taylor, Frank Viggiano, Eileen Welsh and a member to be designated by the Department.

After lunch on Saturday, the Draft Meeting #1 Summary was approved. The discussion then turned to Section 668.41 - Reporting and Disclosure of Information. Thereafter, the Committee returned to complete the discussion of Audit Waiver provisions, followed by discussions of the Default Management Plan Waiver and Voter Registration Form Distribution. A small work group was identified by the Committee to work on issues related to Audit Waiver Criteria. That work group includes Nancy Broff, Anthony Fragomeni and Ron Gambill. Another work group was formed to consider issues related to Student Right-to-Know. Members of this group are: Jon Fuller, Paula Husselmann, Linda Michalowski, Jamie Pueschel, Pat Smith and Howard Sorensen.

The next meeting of the full Committee will convene Thursday, April 8, 1999 at 1:30 p.m., and adjourn on Saturday, April 10 by 5:00 p.m. Both the Crime Log and Accreditation Subcommittees will meet on April 8 from 9:00 a.m. to 12:00 p.m. The Privileged Information

Subcommittee will meet from 1:00-1:30 on April 8 as well. The Accreditation Subcommittee plans to meet again on April 9 from 9:00 a.m. until 12:00 p.m. (It is possible that the Accreditation Subcommittee will choose to meet from 3:15 p.m.-5:00 p.m. on April 8. Notice will be provided to all Committee members if this occurs.) The Committee meeting will be held at Department of Education offices in Federal Office Building #6, located at 400 Maryland Avenue, S.W. Exact locations for Committee and Subcommittee meetings will be conveyed to all Committee and Subcommittee members during March.

The agenda for April 8 is to hear a report from the Accreditation Subcommittee and discuss accreditation and related issues from 1:30 p.m. until 3:00 p.m. Thereafter, the two Subcommittees working on campus crime reporting issues will make their reports from 3:30 p.m. until 5:00 p.m. Discussion of all campus crime reporting issues will conclude by 12:00 noon on Friday, April 9 to allow sufficient time for other issues to be addressed. These times were specified to allow Campus Crime Reporting Committee Members and Accreditation Subcommittee members to plan their schedule accordingly.

Following Committee protocols, the Department plans to distribute all draft negotiating text and related materials one week prior to the next meeting. The Department also committed to assuring that any Dear Colleague letters or other public announcements on issues related to the regulatory negotiation will first be circulated to Committee members to provide an opportunity for comment.

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NOTE: AT THIS STAGE OF THE PROCESS ALL AGREEMENTS NOTED IN THE MEETING SUMMARY AND ATTACHMENT A ARE PRELIMINARY. BASED ON MEETING PROTOCOLS, AGREEMENTS WILL BE MADE FINAL ONLY AFTER ALL PROVISIONS HAVE BEEN THOROUGHLY CONSIDERED.

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Preliminary agreements on Committee IV negotiating text, listed by section of regulations, based on discussions held February 26-27, 1999.

PART 668

Sec. 668.47 Institutional and Financial Assistance Information for Students

The Committee agreed to change the title of this section to that listed above, from the previous title of "Student Consumer Information Services."

Under (a), definitions, the Committee is generally in agreement with Monday through Friday as the definition of the business week, with the addition of language to the effect of "and otherwise as offices are routinely open for business."

The Committee agreed with deleting existing language under (a) Campus: (2) and (3). The Committee suggests that proposed language be modified to deal with the "threshold of use" and the optional use of maps for defining campus boundaries. The issue of safe harbor was also raised in this context. Further clarification is needed on what is meant by "the institution's educational purposes."

The same issues were raised for language proposed under the definition of "Non-campus building or property."

Under (b), the Committee agreed with changing the date from September 1 to October 1.

Under (b)(6), the Committee agreed with proposed language, "...in or on non-campus buildings or property, and on public property," with the following proposed language to be considered further by the Department, "during the most recent calendar year and the previous two years for which records are available." The Committee suggested adding a specific descriptor of public property or reference to maps for clarification.

Also under (b)(6), the Committee agreed to replace "...any official of the institution who has significant responsibility for student and campus activities:" with "any campus security authority:".

The Committee agreed with proposed language under (6)(A), (6)(A)(1) and (6)(A)(2), and (6)(G).

Under (6)(H), the Committee agreed to change "... and weapons possession." to "... and illegal weapons possession." The Committee asked for more clarification concerning "persons referred for campus disciplinary action...."

The Committee agreed to delete existing language under (6)(ii), but still seek refinements in the proposed language for (6)(ii). The Committee agreed that FBI language defining hate crimes should be used in the regulation. Clarity on how best to disaggregate data was discussed and Committee members agreed to help develop a template.

The Committee agreed to the proposed language under (6)(iii), and (6)(iii) (A), (A)(1), (B) and (C), pending the resolution of definitions described earlier, including what is meant by "adjacent."

The Committee agreed to proposed language under (6)(iv), pending determination of whether "may" or "shall" is appropriate.

The Committee began to suggest changes in existing regulatory language under (b)(7) to create "safe harbor" for inaccurate data provided by another security agency, but agreed to continue discussing whether such language should appear in another section.

The Committee agreed with proposed deletions of (b)(8), including (i), (ii) and (iii).

The Committee agreed that the existing regulatory language under (e) should be changed to deal with definitions of branches and administrative division.

Under provision (f), the Committee agreed with deleting the existing language under (2)(i) and (2)(ii). Proposed language under (2) and (3) needs refinement based on the discussions.

Sec. 668.41 Reporting and Disclosure of Information

The Committee agreed to the proposed changes in (a) with the addition of "and/or" before "electronic media."

The Committee agreed to the other proposed language changes in Sec. 668.41 except for three points. The Department will clarify whether "provide" in (b) requires distribution. A Committee member suggested that in (d) the phrase" excluding summer terms" is unnecessary and can be deleted. It was also suggested that in (f)(2) the reference to a first report "not later than October 1, 1996" is irrelevant and should be deleted.

Sec. 668.42

No objections were made to deleting this subsection.

Sec. 668.44 Institutional Information

The Committee agreed to add "Estimates of" before" transportation costs" in (a)(1)(iv).

Some Committee members suggested that (a)(2)(ii) and (iii) should be at the institution's discretion. These provisions, however, are being addressed in Committee III.

Some members also suggested that provision (a)(3) should be deleted. The Department said it would consider this and report back at the next meeting.

Sec. 668.46 Information on Completion or Graduation Rates

Some Committee members suggested that under (a)(1) institutions not be required to prepare the "transfer-out rate." This will be subject to further discussion.

No objections were made to other proposed changes in this subsection.

Sec. 668.49 Report on Completion or Graduation Rates for Student-Athletes

No objections were made to proposed changes in this subsection.

Sec. 600.2 Definitions

The Committee agreed with the proposed changes in definition of a "State," including both the proposed deletion ("the Trust Territory of the Pacific Islands") and proposed additions ("... the Republic of the Marshall Islands...the Freely Associated States."

Sec 600.5 Proprietary Institution of Higher Education

The Committee agreed this would be addressed "off-line" to the extent possible, and that Committee members with an interest in this provision would provide input to the Department. Concern was expressed that it might not be adequate to address these issues in the preamble.

Sec 600.7 Conditions of Institutional Eligibility

The Committee agreed with the proposed changes in the regulation as drafted by the Department, with the request to clarify the definition of "post secondary diploma."

Sec. 600.55 Additional Criteria for determining whether a Foreign Graduate Medical or Veterinary School is Eligible to Apply to Participate in the FFEL Programs

The Committee agreed with proposed changes throughout this section, under the title of the section, (a), (a)(1), (a)(1)(i), (a)(1)(ii), (a)(3), (a)(4)(i), (a)(4)(ii), (a)(5)(i)(A), (a)(5)(i)(B), (a)(5)(ii) and (a)(5)(iii).

Sec. 668.14 Program Participation Agreement

The Committee asked for clarity on the definition of a "subordinate institution" as cited in the statute under Sec. 487(a)(14)(C).

The Committee also agreed that once the definition of "subordinate institution" is clarified, and inserted as appropriate into (16)(ii), the entirety of (16)(ii) should be copied into (15).
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