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Department Begins Final Round Of TEACH Grant NegReg

The Department will hold the third and final round of negotiated rulemaking (negreg) over the next three days and negotiators are expected to reach a consensus on draft proposed regulatory language by the end of Friday.

Included below is a summary of the current draft of the proposed TEACH Grant program regulations that negotiators will discuss at the third session.

The most current draft proposed language has a few areas of text highlighted in yellow. For the most part, these highlighted changes represent language that negotiators agreed to add during the second negreg session, or things negotiators determined would provide further clarification and that are generally technical in nature.

Summary of TEACH Grant Draft Proposed Regulations

Subpart A--Scope, Purpose, and General Definitions

Section 686.1 - Scope and purpose

The TEACH Grant program awards grants to students who intend to teach to help pay for "a program of study leading to a first baccalaureate degree, a post-baccalaureate program of study, or a master's degree program of study." In exchange, recipient must serve as a full-time teacher in a high-need field, in a school serving low-income students for at least four academic years within eight years. Students that don't complete their teaching obligation will have to repay the TEACH Grants as if they were a Federal Direct Unsubsidized Loan, with interest accruing from the time the grant was disbursed.

Section 686.2 - Definitions

Academic Year for Teaching Obligation

  • One complete school year, or two complete and consecutive half-years from different school years that generally fall within a 12-month period.
  • Summer sessions are excluded
  • A minimum nine consecutive months is equal to an academic year for schools with a year-round program.

Annual award
The maximum TEACH Grant a student would receive as a full-time, three-quarter-time, half-time, or less-than-half-time student.

Elementary school
A nonprofit school, including a public elementary charter school, that provides elementary education, as determined by State law.

Full-time teacher
Those who meet the state's definition of a full-time teacher or the combination of all qualifying employment for those teaching in more than one school.

High-need field
(1) Bilingual education and English language acquisition; (2) Foreign language; (3) Mathematics; (4) Reading specialist; (5) Science; (6) Special education; (7) A field documented as high-need by the Federal Government, a State government or an LEA, and approved by ED and listed in the ED's annual Teacher Shortage Area Nationwide Listing (Nationwide List).

Highly-qualified
Defined by the Elementary and Secondary Education Act, see: http://www.ifap.ed.gov/dpcletters/GEN0414.html.

Post-baccalaureate program
A program for individuals who have completed a baccalaureate degree, that (1) does not lead to a graduate degree; (2) consists of courses required by a state for professional certification required to teach in that state (programs offered by a TEACH-eligible institution that offers a baccalaureate degree in education are excluded from this definition and not eligible to participate); (3) is treated as an undergraduate program of study for the purposes of title IV.

Retiree
Individuals who have decided to change their occupation for any reason and who have expertise, as determined by the institution, in a high-need field.

Scheduled Award
The maximum TEACH Grant award that a full-time student could receive for a year.

School serving low-income students (low-income school)
An elementary or secondary school that (1) is in a LEA district that is eligible for assistance pursuant to title I of the ESEA; (2) has more than 30 percent of total enrollment qualify for services provided under title I of the ESEA; and (3) is listed in ED's Annual Directory of Designated Low-Income Schools for Teacher Cancellation Benefits (ED considers schools operated by the Bureau of Indian Education (BIE) or operated on Indian reservations by Indian groups under a BIE contract low-income schools).

Secondary school
A nonprofit school, including a public secondary charter school, that provides secondary education, as determined by State law, except that the term does not include any education beyond grade 12.

Service agreement
An agreement under which the individual receiving a TEACH Grant commits to meet the teaching obligation.

TEACH Grant-eligible institution
An institution must meet financial responsibility standards established in 34 CFR 668, subpart L (see http://ifap.ed.gov/sfahandbooks/attachments/0607FSAHBkVol2Ch11.pdf) and:

TEACH Grant-eligible program
Must prepare individuals to teach in a high-need field and lead to a baccalaureate or master's degree, or is a post-baccalaureate program. A two-year program acceptable for full credit toward a baccalaureate degree is considered a program that leads to a baccalaureate degree.

Teacher
A person who provides direct classroom teaching or classroom-type teaching in a non-classroom setting, including special education teachers and reading specialists.

Teacher preparation program
A State-approved course of study, that meets all the State's educational or training requirements for initial certification to teach in the State. A teacher preparation program may be an alternative certification program, as defined by the State, but the program must be provided by a higher education institution.

Section 686.3 - Duration of student eligibility

Undergraduate or post-baccalaureate students may receive up to four Scheduled Awards during the time they need to complete the first undergraduate TEACH-eligible baccalaureate program and first post-baccalaureate program combined. Graduate students can get as much as two Scheduled Awards. This means a half-time, undergraduate student could be eligible for eight yearly awards of $2,000. The total TEACH aid for undergraduate and post-baccalaureate programs can't exceed $16,000 ($8,000 for graduate students).

Section 686.4 - Institutional participation

Eligible Institutions do not have to participate in the TEACH Grant program. Students at institutions that begin to participate in TEACH during an award year are eligible to receive TEACH Grants for that payment period and any subsequent payment periods.

Students at institutions that cease participation or become ineligible during an award year who submitted a SAR with an EFC to the institution, or for whom the institution obtained an ISIR with an official EFC, before the date the institution became ineligible will receive a TEACH Grant for that award year for: (1) the payment periods that the student completed before the institution ceased participation or became ineligible to participate; and (2) the payment period that the institution ceased participation or became ineligible.

Institutions that cease to participate or become ineligible must provide to the Department within 45 days: (1) the name of eligible students who submitted a SAR with an official EFC to the institution or for whom it obtained an ISIR with an official EFC before it ceased to participate; (2) the amount of funds paid to each student for that award year; (3) the amount due each eligible student through the end of the payment period; and (4) an accounting of the TEACH Grant program expenditures for that award year to the date of termination.

Section 686.5 - Enrollment status for regular and correspondence courses

Generally, correspondence work may be included in determining the student's enrollment status. Correspondence work that may be included in determining a student's enrollment status: (1) applies to students' degree or post-baccalaureate program or is remedial work that helps in their TEACH Grant-eligible program; (2) is completed within the period of time required for regular coursework; and (3) does not exceed the amount of a student's regular coursework for the payment period that enrollment status is being calculated.

Students who are half-time based solely on their correspondence work are considered half-time students unless the calculation produces an enrollment status greater than half-time. Students who are less-than-half-time based solely on his or her correspondence work or a combination of correspondence work and regular coursework is considered a less-than-half-time student.

Section 686.6 - Payment from more than one institution

A student may not receive grant payments concurrently from more than one institution.

Subpart B - Application Procedures

Section - 686.10 - Application

To receive a grant a student must: (1) complete and submit an approved signed FAFSA (the Department may develop a simplified application in the future); (2) complete and sign a service agreement and promise to repay; and (3) provide the address of his or her residence. The Department will establish an application deadline and announce it in the Federal Register

Section 686.11 - Eligibility to receive a grant

Undergraduate, post-baccalaureate, and graduate students are eligible to receive a TEACH Grant if they have: (1) submitted a completed application; (2) signed a service agreement; (3) enrolled in a TEACH Grant-eligible program at an eligible institution; and (4) are completing coursework and requirements to begin a career in teaching or plan to complete coursework and requirements prior to graduating.

Students in the first year of an undergraduate program must provide: (1) a final cumulative high school grade point average (GPA) of 3.25 or better a 4.0 scale; or (2) a cumulative GPA of 3.25 or better on a 4.0 scale, based on courses taken at the institution through the most-recently completed payment period. Students beyond the first year also need a cumulative undergraduate GPA of at least 3.25 on a 4.0 scale, through the most-recently completed payment period.

Graduate students in the first payment period need a cumulative undergraduate GPA of at least 3.25 on a 4.0 scale. Graduate students beyond the first payment period need a cumulative graduate GPA of at least 3.25 on a 4.0 scale through the most-recently completed payment period.

Students who score above the 75th percentile on at least one of the nationally-normed standardized undergraduate, graduate, or post-baccalaureate admissions test (not a placement test) do not have to meet the GPA requirement.

Institutions must document students' high school GPA with documentation provided by the student from an LEA, SEA or other state agency, a public or private high school, or a home-schooled student's parent. If an institution has reason to believe the documentation provided by a student is inaccurate or incomplete, it must confirm GPA using documentation provided directly to the institution by the cognizant authority.

Current teachers or retirees are eligible to receive a TEACH Grant if they: (1) have signed a service agreement; (2) are applying for a grant to obtain a master's degree or are a current or former teacher pursuing certification through a high-quality alternative certification route; and (3) are enrolled in an eligible institution in an eligible program.

Transfer students that do not qualify by scoring in the 75th percentile of an admissions test need the current institution to determine their GPA for eligibility. Institutions that don't incorporate grades from credits accepted from previous institutions must calculate the student's GPA using grades from any prior postsecondary institutions that the current institution accepts for the first payment period. However the institution can't incorporate grades from credit it accepts from previous institutions for all subsequent payment periods.

Institutions that incorporate grades from credits it accepts on transfer into students' GPA must use the grades assigned to the credits accepted as the student's cumulative GPA to determine eligibility for the first payment period and all subsequent payment periods.

Section 686.12 - Service agreement

Eligible students can't receive a TEACH Grant until they receive counseling about the service agreement. The service agreement states that recipients must: (1) serve as a full-time, highly-qualified teacher in a high-need field for at least four academic years within eight calendar years after completing the eligible program at a low-income school; and (2) submit documentation of the service through certification by the school's chief administrative upon completion of each year of service.

Completion of more than one service obligation
Grant recipients must complete a four-year service obligation for each program of study for which they receive TEACH Grants. However, creditable teaching service may apply to more than one service obligation.

Grant recipients can request a suspension of the eight-year time period in paragraph if they return to school for more teacher training, are called to active duty by the armed forces, or for other unusual circumstances like a natural disaster.

Majoring and serving in a high-need field
Grant recipients cannot satisfy their service obligation unless the high-need field that they teach in is listed in the Nationwide List for the State that they begin teaching in, the same year the recipient begins teaching.

Repayment for failure to complete service obligation
Recipient who fail or refuses to fulfill the service obligation must repay their TEACH Grant as if it was a Direct Unsubsidized Loan, with interest accruing from the date of each TEACH Grant disbursement.

Subpart C - Determination of Awards

Section 686.20 - Submission process and deadline for a SAR or ISIR

Submission process
Institutions must disburse a TEACH Grant and electronically transmit disbursement data to the Department for students that submit a SAR with an official EFC to the institution or the institution obtains an ISIR with an official EFC for the student. An institution can assume that the SAR information or ISIR information is accurate and complete.

SAR or ISIR deadline
Students must submit the relevant parts of the SAR with an official EFC to the institution or the institution must obtain an ISIR with an official EFC by the last date that the student is still enrolled and eligible for payment or by the deadline date published by the Department in the Federal Register (whichever happens first).

Section 686.21 - Calculation of a grant

The Scheduled Award for a TEACH Grant is $4,000 and each scheduled award remains available until the $4,000 is disbursed. The aggregate amount students may receive in for undergraduate and post-baccalaureate study may not exceed $16,000 ($8,000 for a master's degree). The annual award for full-time students is $4,000, $3,000 for three-quarter-time students, $2,000 for half-time students, and $1,000 for less-than-half-time students.

The amount of a student's TEACH Grant, in combination with the other student financial assistance, may not exceed the student's cost of attendance. A TEACH Grant may replace a student's EFC, but the amount of the grant that exceeds the student's EFC is considered estimated financial assistance.

To determine a student's payment for a payment period, an institution must include: (1) any noncredit or reduced credit courses determined necessary to help prepare a student to pursue a first undergraduate baccalaureate or post-baccalaureate degree or certificate or, in the case of English language instruction, enable the student to utilize already existing knowledge, training, or skills; and (2) any study abroad program if it is approved for credit by the home institution.

Section 686.22 - Calculation of a grant for a payment period

Eligibility for payment formula
There are four ways to calculate a student's grant payment for a payment period. The method an institution uses depends on how programs measures student progress. First an institution must determine the student's enrollment status for the term and determine the annual award based on that enrollment status. Then:

  1. Divide the annual award by two at institutions using semesters or trimesters or three at institutions using quarters. Or institutions can divide the award by the number of terms that the institution chooses to distribute the student's annual award if: (A) an institution chooses to distribute all of the student's annual award over more than two terms at institutions using semesters or trimesters or more than three quarters at institutions using quarters; and (b) the number of weeks of instructional time in the terms, including the additional term or terms, equals the weeks of instructional time in the program's academic year.
  2. Multiply the annual award by the following fraction: number of weeks of instructional time in the term / number of weeks of instructional time in the program's academic year.
  3. For programs using semesters or trimesters, multiply the annual award by the following fraction: number of weeks of instructional time offered in the program in the fall and spring semesters or trimesters / number of weeks in the program's academic year. For programs using quarters: number of weeks of instructional time offered in the program in the fall, winter, and spring quarters / the number of weeks in the program's academic year. Then divide the amount by two for programs using semesters or trimesters or three for programs using quarters; or divide the student's annual award by the number of terms over which the institution chooses to distribute the student's annual award if: (A) an institution chooses to distribute all of the student's annual award over more than two terms for programs using semesters or trimesters or more than three quarters for programs using quarters; and (B) the number of weeks of instructional time in the terms, including the additional term or terms, equals the weeks of instructional time in the program's academic year definition.
  4. Multiply the scheduled award by the lesser of these two fractions: (1) number of credit or clock hours in the payment period / number of credit or clock hours in the program's academic year; or (2) number of weeks of instructional time in the payment period / number of weeks of instructional time in the program's academic year

Programs using standard terms with at least 30 weeks of instructional time must use the first or third option. To use these methods a program must (1) measure progress in credit hours and be offered in semesters, trimesters, or quarters; and require at least 12 credits to qualify as a full-time student; and (2) the program uses an academic calendar that provides at least 30 weeks of instructional time in two semesters or trimesters in the fall through the following spring, or three quarters in the fall, winter, and spring, none of which overlaps any other term (including a summer term) in the program; or any two semesters or trimesters, or any three quarters where the institution starts its terms for different cohorts of students on a periodic basis (e.g., monthly); (2) the program is offered exclusively in semesters, trimesters, or quarters; and (3) students are not allowed to be enrolled simultaneously in overlapping terms and must stay with the cohort in which they start unless they withdraw from a term (or skip a term) and reenroll in a subsequent term.

Programs using standard terms with less than 30 weeks of instructional time must use the second or third method. To use these methods a program must: (1) measure progress in credit hours; (2) be offered in semesters, trimesters, or quarters; and (3) require the student to enroll for at least 12 credit hours in each term in the award year to qualify as a full-time student. The program must also use an academic calendar that provides at least 30 weeks of instructional time in two semesters or trimesters in the fall through the following spring, or three quarters in the fall, winter, and spring, none of which overlaps any other term (including a summer term) in the program; or any two semesters or trimesters, or any three quarters where: (1) the institution starts its terms for different cohorts of students on a periodic basis (e.g., monthly); (2) the program is offered exclusively in semesters, trimesters, or quarters; and (3) students are not allowed to be enrolled simultaneously in overlapping terms and must stay with the cohort in which they start unless they withdraw from a term (or skip a term) and reenroll in a subsequent term.

Other programs using terms and credit hours must use the third method. To fit this category a program must: measure progress in credit hours and be offered in academic terms other than those described above.

Programs not using terms or using clock hours must use the fourth method. This method is used if the student is enrolled in an eligible program that: (1) is offered in credit hours but is not offered in academic terms; or (2) is offered in clock hours.

Programs that have been granted an exception to the academic year definition calculate awards differently depending on the type of program. If the program is offered in terms and credit hours, the institution uses the first or third methodology. The institution uses the fourth methodology if the program is offered in credit hours without terms.

Maximum disbursement
A single disbursement may not exceed 50 percent of an award determined under paragraph (half of the total award for each semester). If a payment for a payment period would require a disbursement of more than 50 percent of a student's annual award in a single payment period, the institution must make at least two disbursements to the student in that payment period. The institution may not disburse an amount that exceeds 50 percent of the student's annual award until the student has completed the period of time in the payment period that equals, in terms of weeks of instructional time, 50 percent of the weeks of instructional time in the program's academic year.

Minimum payment
No payment for a payment period may be less than $25 (the minimum amount the Department can collect).

Definition of academic year
An institution must define an academic year: (1) for undergraduate and post-baccalaureate programs, in terms of the number of credit or clock hours and weeks of instructional time; and (2) for master's degree programs, in terms of the number of weeks of instructional time and the minimum number of credit or clock hours a full-time student would be expected to complete in the weeks of instructional time of the program's academic year.

Payment period completing a Scheduled Award
For student completing a Scheduled Award, the payment for the payment period is: (1) calculated based on the total credit or clock hours and weeks of instructional time in the payment period; and (2) is the remaining amount of the Scheduled Award being completed plus an amount from the next Scheduled Award, if available, up to the payment for the payment period.

Section 686.23 - Calculation of a grant for a payment period that occurs in two award years

For students who enroll in a payment period that is scheduled to occur in two award years, institutions must: (1) treat the entire payment period as occurring within one award year; (2) determine, for each recipient, the award year in which the payment period will be placed; (3) place a payment period with more than six months scheduled to occur within one award year in that award year; (4) pay a student with funds from the first award year, if the institution places the payment period in the first award year; and (5) pay a student with funds from the second award year, if the institution places the payment period in the second award year.

Section 686.24 - Transfer student: attendance at more than one institution during an award year

A student who receives a TEACH Grant at one institution and subsequently enrolls at a second institution can receive a grant at the second institution if the receiving institution obtains a SAR with an official EFC. The second institution must calculate the student's award and may pay a TEACH Grant only for the period that the student is enrolled in a TEACH Grant-eligible program at that institution. The transfer student's TEACH Grant for each payment period is calculated according to regulations unless the remaining balance of the Scheduled Award at the second institution is equal to the balance of the student's last Scheduled Award and is less than the amount the student would normally receive for that payment period. A transfer student must repay any amount received in an award year that exceeds the amount which he or she was eligible to receive.

Section 686.25 - Correspondence study

An institution calculates a TEACH Grant for a student in a correspondence course program (without terms and not including any residential component) by using the half-time annual award, and multiplying the half-time annual award by the lesser of these two fractions: (1) number of credit or clock hours in the payment period / number of credit or clock hours in the program's academic year; or (2) number of weeks of instructional time in the payment period / number of weeks of instructional time in the program's academic year.

An academic year as measured in credit or clock hours must consist of two payment periods. The first payment period must be the period of time that students complete the lesser of the first half of their academic year or program and the second payment period must be the period of time that students complete the lesser of the second half of the academic year or program. The institution must make the first payment to a student for an academic year after the student completes 25 percent of the work in the program or the academic year, whichever occurs last. The institution must make the second payment to a student for an academic year after the student completes 75 percent of the work scheduled for the program or the academic year, whichever occurs last.

For correspondence programs using terms but not including any residential component the institution must prepare a written schedule of lessons that reflects a workload of at least 30 hours of preparation per semester hour or 20 hours of preparation per quarter hour during the term. If the student is enrolled in at least six credit hours that commence and are completed in that term, the half-time annual award ($1,000) is used. If the student is enrolled in less than six credit hours that commence and are completed in that term the less-than-half-time annual award is used. The institution must make the payment to a student for a payment period after that student completes 50 percent of the lessons or otherwise completes 50 percent of the work scheduled for the term, whichever occurs last.

Subpart D--Administration of Grant Payments

Section 686.31 - Determination of eligibility for payment

For each payment period, an institution may pay a grant under this part to an eligible student only after it determines that the student is eligible, has completed the relevant counseling, has signed a service agreement, is enrolled in a TEACH Grant-eligible program, and if enrolled in a credit-hour program without terms or a clock-hour program, has completed the payment period for which he or she has been paid a grant.

If an institution determines at the beginning of a payment period that a student is not maintaining satisfactory progress, maintaining the required GPA, or pursuing a career in teaching but changes that determination before the end of the payment period, the institution may pay a TEACH Grant to the student for the entire payment period. However, If an institution changes that determination after the end of the payment period, the institution may not pay the student a TEACH Grant for that payment period or make adjustments in subsequent payments to compensate for the loss of aid for that period.

Institutions may make one disbursement for a payment period to an otherwise eligible student if: (1) the student's final high school GPA is not yet available, or the student's cumulative GPA through the prior payment period under is not yet available; and (2) the institution assumes liability for any overpayment if the student fails to meet the required GPA to qualify for the disbursement.

Section 686.32 - Counseling requirements

Institutions must ensure that students receive initial, subsequent and exit counseling before making the first disbursement of the grant. All counseling must be in person, by audiovisual presentation, or by interactive electronic means. The institution must ensure that an individual with expertise in title IV is reasonably available shortly after the counseling to answer students' questions. In the case of a student enrolled in a correspondence program or a study-abroad program, the student may be provided with written counseling materials before the grant is disbursed.

Initial counseling must: (1) explain the terms and conditions of the TEACH Grant service agreement; (2) provide information about how to identify low-income schools and documented high-need fields; (3) inform of opportunities to suspend the eight-year service agreement completion period; (4) explain conditions, such as a felony conviction, could preclude the student from completing the service obligation; (5) emphasize that failure to complete the service obligation will require repayment of the TEACH Grant as a Unsubsidized Loan and they will be obligated to repay the full amount of each grant and the accrued interest from each disbursement date; (6) explain the circumstances that will cause a TEACH Grant to convert to a loan (7) emphasize that TEACH Grants converted to loans cannot be reconverted to grants; (8) review information on the availability of the Department's Student Loan Ombudsman's office to appeal grants wrongly converted to loans; (9) describe the likely consequences of loan default; and (10) provide samples of monthly repayment amounts based on a range of student loan indebtedness.

Subsequent counseling: Institutions must ensure that students receive additional counseling prior to the first disbursement of each subsequent TEACH Grant award. subsequent counseling must: (1) review the terms and conditions of the TEACH Grant service agreement; (2) emphasize that failure to complete the service obligation will require repayment of the TEACH Grant as a Unsubsidized Loan and they will be obligated to repay the full amount of each grant and the accrued interest from each disbursement date; and the accrued interest from the disbursement date; (3) explain the circumstances that will cause a TEACH Grant to convert to a loan; (4) emphasize that TEACH Grants converted to loans cannot be reconverted to grants; (5) review information on the availability of the Department's Student Loan Ombudsman's office to appeal grants wrongly converted to loans;

Exit counseling: An institution must ensure that exit counseling is conducted with grant recipients before they cease to attend the institution at a time determined by the institution. If a grant recipient withdraws from school without the institution's knowledge or fails to complete the exit counseling as required, exit counseling must be provided through interactive electronic means or by mailing written counseling materials to the grant recipient's last known address within 30 days after the earlier of the: (1) payment period or period of enrollment, as appropriate; (2) academic year in which the student withdrew; or (3) educational program from which the student withdrew.

ALTERNATIVE LANGUAGE FOR DISCUSSION
(1) Date the institution determines the student withdrew; or (2) end of the payment period.

Exit counseling must: (1) inform the grant recipient of the four-year service obligation that must be completed within the first eight years after completing a TEACH Grant-eligible program; (2) inform of opportunities to suspend the eight-year service agreement completion period; (3) provide information about how to identify low-income schools and documented high-need fields; (4) disclose that the high-need field that a student has prepared to teach must be listed in the Nationwide List at the time and for the State in which the grant recipient begins teaching in that field; (5) explain that the grant recipients must submit to the Department each year written documentation of their status as a highly-qualified teacher in a high-need field at a low-income school or of intent to complete the four-year service requirement until the service requirement has been met or the grant becomes a loan, whichever occurs first; (6) explain the circumstances that will cause a TEACH Grant to convert to a loan; (7) emphasize that TEACH Grants converted to loans cannot be reconverted to a grant; (8) disclose the average anticipated monthly repayment amount based on a range of student loan indebtedness if the grants convert to loans; (9) review available repayment options if the TEACH Grant converts to a loan; (10) suggest debt-management strategies that would facilitate repayment if the TEACH Grant converts; (11) explain how to contact the Department; (12) describe the likely consequences of loan default; (13) review the conditions for deferring or forbearing repayment, obtain a full or partial discharge, or receive teacher loan forgiveness if the TEACH Grant converts to a loan; (14) review information on the availability of the Department's Student Loan Ombudsman's office; and (15) inform the grant recipient of the availability of title IV loan information in the NSLDS.

If exit counseling is conducted through interactive electronic means, an institution must take reasonable steps to ensure that each grant recipient receives the counseling materials and participates in and completes the exit counseling.

Compliance: The institution must maintain documentation substantiating the institution's compliance with counseling requirements for each TEACH recipient.

Section 686.33 - Frequency of payment

In each payment period, an institution may pay a student at such times and in such installments as it determines will best meet the student's needs. The institution may pay funds in one lump sum for all the prior payment periods for which the student was eligible within the award year. The student's enrollment status must be determined according to work already completed.

Section 686.34 - Liability for and recovery of TEACH Grant overpayments

Students are liable for any TEACH Grant overpayment made to them unless the institution failed to follow procedures or if the overpayment is less than $25 and is not a remaining balance. The institution must repay an overpayment to its TEACH Grant account if it fails to follow procedures.

Institutions that make an overpayment that they is not liable for, must promptly send a written notice to the student requesting repayment. The notice must state that failure to repay, or to make arrangements to repay, makes the student ineligible for title IV funds until the overpayment is repaid. When students object to an institution's overpayment determination, the institution must consider information provided by the student and determine if the objection is warranted.

If the student fails to repay an overpayment or make arrangements to repay the overpayment, the institution must refer the overpayment to the Department for collection. After referring the overpayment the institution does not need to attempt to recover the overpayment.

Section 686.35 - Re-determination of eligibility for TEACH Grant award

Change in enrollment status: If the student's enrollment status changes from one academic term to another within the same award year, the institution must recalculate the award for the new payment period taking into account any changes in the COA.

If students' projected enrollment status changes during a payment period after they have begun attendance in all their classes for that payment period, the institution may (but is not required to) establish a policy to recalculate these students' award for the payment period. Any such recalculations must take into account any changes in the COA. In the case of an undergraduate or post-baccalaureate program of study, it must be the same policy that the institution established for the Pell Grant Program and it must apply to all students in the TEACH Grant-eligible program.

If students' projected enrollment status changes during a payment period before they begin attending all of their classes for that payment period, the institution must recalculate the student's enrollment status to reflect only those classes that they actually began attending.

Change in cost of attendance: If students' cost of attendance changes at any time during the award year and their enrollment status remains the same, the institution may, but is not required to, establish a policy to recalculate students' award for the payment period. If such a policy is established, it must apply to all students in the TEACH Grant-eligible program.

Section 686.36 - Fiscal control and accounting procedures

Institutions must follow provisions for maintaining general fiscal records and must maintain funds received in accordance with the requirements.

Section 686.37 - Institutional reporting requirements

Institutions must provide the Department information about each TEACH Grant recipient that includes but is not limited to: (1) the student's eligibility for a grant; (2) the student's TEACH Grant amounts; and (3) the anticipated and actual disbursement date or dates and disbursement amounts of TEACH Grant funds.

Institutions must submit the initial disbursement record for a TEACH Grant to the Department no later than 30 days following the date of the initial disbursement. The institution must submit subsequent disbursement records, including adjustment and cancellation records, to the Department no later than 30 days following the date the disbursement, adjustment, or cancellation is made.

Section 686.38 - Maintenance and retention of records

Institutions must follow the record retention and examination provisions. The Department determines the final authorized level of expenditures for any disputed expenditures in any award year that the institution cannot provide records.

Subpart E--Service and Repayment Obligations

Section 686.40 - Documenting the service obligation

Except in cases service agreement suspension or discharge, grant recipients must confirm to the Department in writing within 120 days of completing or otherwise ceasing enrollment in the program that they are employed as a full-time teacher in accordance with the terms and conditions of the service agreement, or they are not yet employed as a full-time teacher but intend to meet the terms and conditions of the service agreement.

Grant recipients performing the required full-time teaching service must provide the Department with documentation of that teaching service certified by the chief administrative officer, upon completion of four academic years of teaching service. The documentation must show that the grant recipient is teaching in a low-income school. If the school meets the requirements of a low-income school in the first year of the grant recipient's four academic years of teaching and the school fails to meet those requirements in subsequent years, those subsequent years of teaching qualify for purposes of this section for that recipient.

The documentation must also show that the grant recipient is teaching in any of the high-need fields. Teaching service does not satisfy the requirements of the service agreement if it is in a geographic region of a State or in a specific grade level not associated with a high-need field of a State designated in the Nationwide List as having a shortage of elementary or secondary school teachers. If a grant recipient begins qualified full-time teaching service in a State in a high-need field designated by that State and listed in the Nationwide List and in subsequent years that high-need field is no longer designated by the State in the Nationwide List, the grant recipient will be considered to continue to perform qualified full-time teaching service in a high-need field.

Documentation must also provide evidence that the grant recipient is a highly-qualified teacher.

The academic year may be counted as one of the grant recipient's four complete academic years if the grant recipient completes at least one-half of the academic year and the grant recipient's school employer considers the grant recipient to have fulfilled his or her contract requirements for the academic year for the purposes of salary increases, tenure, and retirement. If the grant recipient is unable to complete an academic year due to a condition that is covered under the Family and Medical Leave Act (FMLA) or is called to active duty status for more than 30 days the full year will be counted toward fulfilling the service agreement

A grant recipient who taught in more than one qualifying school during an academic year and demonstrates that the combined teaching service was the equivalent of full-time, as supported by the certification of one or more of the chief administrative officers, is considered to have completed one elementary or secondary academic year of qualifying teaching.

Section 686.41 - Periods of suspension

Recipients who complete or otherwise cease enrollment in a TEACH Grant-eligible program may request a suspension of the eight-year period for completion of the service obligation based on: (1) enrollment in a program of study that the recipient would be eligible for another TEACH Grant or in a program of study that has been determined by a State to satisfy the requirements for certification or licensure to teach in the State's elementary or secondary schools; (2) a condition that is covered under FMLA; or (3) a call or order to active duty status for more than 30 days.

A grant recipient may receive a suspension in one-year increments that does not exceed a total of three years, or ends upon the completion of the military service.

The grant recipient must apply for a suspension in writing within six months of completing or terminating enrollment in a TEACH Grant-eligible program. If the grant recipient has already begun teaching service in fulfillment of the service obligation, within six months of the date he or she stops teaching.

The grant recipient must provide the Secretary with documentation supporting the suspension request as well as current contact information including home address and telephone number.

Section 686.42 - Discharge of service agreement

Death: The Department discharges the obligation to complete the service agreement based on an original or certified copy of the grant recipient's death certificate, an accurate and complete photocopy of the original or certified copy of the grant recipient's death certificate, or, on a case-by-case basis, reliable documentation acceptable to the Department.

Total and permanent disability: A grant recipient's service agreement is discharged if the recipient becomes totally and permanently disabled.

Section 686.43 - Obligation to repay the grant

TEACH Grants will be converted into a Federal Direct Unsubsidized Stafford Loan, with interest accruing from the date that each grant disbursement was made and be collected by the Department if: the grant recipient requests that the grant be converted into a loan; (2) within one year of ceasing enrollment in the institution prior to completing the TEACH Grant-eligible program, the grant recipient has not been determined eligible for a suspension of the eight-year period, re-enrolled in a TEACH Grant-eligible program, or begun eligible teaching service; (3) the grant recipient completes the course and does not confirm to the Department, at least annually, an intention to satisfy the service agreement; or (4) the recipient has completed the TEACH Grant-eligible program but fails to begin or maintain qualified employment within the timeframe that would allow that individual to complete the service obligation within the eight-year period.

A TEACH Grant that converts to a loan is not counted against the grant recipient's annual or aggregate Stafford Loan limits.

A grant recipient whose grant has been converted to a loan and who is enrolled on at least a half-time basis as a regular student at an eligible institution is eligible for an in-school deferment.

A TEACH Grant that is converted to a loan cannot be reconverted to a grant.

By Haley Chitty
NASFAA Assistant Director for Communications

Posted 02/06/08 to www.NASFAA.org. Redistribution to non-NASFAA institutions is prohibited. Please submit Web Site questions or comments to Web@NASFAA.org.