AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.
Filing
70
LARGE ADDITIONAL ATTACHMENT(S) Index of Consolidated Exhibits In Support of Public.Resource.Org's Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction by PUBLIC.RESOURCE.ORG, INC. #69 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 [Sealed], #3 Exhibit 3 [Sealed], #4 Exhibit 4 [Sealed], #5 Exhibit 5 [Sealed], #6 Exhibit 6 [Sealed], #7 Exhibit 7, #8 Exhibit 8 [Sealed], #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 [Sealed], #12 Exhibit 12 [Sealed], #13 Exhibit 13 [Sealed], #14 Exhibit 14 [Sealed], #15 Exhibit 15 [Sealed], #16 Exhibit 17 [Sealed], #17 Exhibit 18 [Sealed], #18 Exhibit 19 [Sealed], #19 Exhibit 20 [Sealed], #20 Exhibit 21 [Sealed], #21 Exhibit 22 [Sealed], #22 Exhibit 23 [Sealed], #23 Exhibit 24 [Sealed], #24 Exhibit 25 [Sealed], #25 Exhibit 26 [Sealed], #26 Exhibit 27 [Sealed], #27 Exhibit 28 [Sealed], #28 Exhibit 29 [Sealed], #29 Exhibit 30 [Sealed], #30 Exhibit 31, #31 Exhibit 32 [Sealed], #32 Exhibit 33 [Sealed], #33 Exhibit 34 [Sealed], #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38 [Sealed], #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41 [Sealed], #41 Exhibit 42 [Sealed], #42 Exhibit 43 [Sealed], #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48, #48 Exhibit 49, #49 Exhibit 50 [Sealed], #50 Exhibit 51, #51 Exhibit 52, #52 Exhibit 53, #53 Exhibit 54, #54 Exhibit 55, #55 Exhibit 56, #56 Exhibit 57, #57 Exhibit 58, #58 Exhibit 59, #59 Exhibit 60, #60 Exhibit 61, #61 Exhibit 62, #62 Exhibit 63, #63 Exhibit 64 [Sealed], #64 Exhibit 65, #65 Exhibit 66, #66 Exhibit 67, #67 Exhibit 68, #68 Exhibit 69, #69 Exhibit 70, #70 Exhibit 71, #71 Exhibit 72, #72 Exhibit 73, #73 Exhibit 74)(Bridges, Andrew)
EXHIBIT 70
IFAP - Dear Colleague Letters
Publication Date: May 22, 2015
DCL ID: GEN-1509
Subject: Title IV Eligibility for Students Without a Valid High School Diploma Who Are
Enrolled in Eligible Career Pathway Programs
Summary: This letter clarifies changes made by the Consolidated and Further Continuing
Appropriations Act of 2015 to the Title IV eligibility of students who are not high school
graduates.
Dear Colleague:
The Consolidated and Further Continuing Appropriations Act of 2015 (Pub. L. 113-235)
was enacted on December 16, 2014. The new law changed section 484(d) of the Higher
Education Act of 1965, as amended (HEA), to allow a student who does not have a high
school diploma (or its recognized equivalent), or who did not complete a secondary
school education in a homeschool setting, to be eligible for Title IV, HEA student
assistance (Title IV aid) through ability to benefit (ATB) alternatives, but only if the
student is enrolled in an "eligible career pathway program” as defined in section 484(d)
(2) of the HEA and discussed more fully below.
This letter describes the changes made to section 484(d) of the HEA by Pub. L. 113-235,
including the reinstatement of ATB alternatives for student eligibility and the statutory
definition of an eligible career pathway program for purposes of Title IV aid eligibility. The
letter identifies the ATB tests that are currently approved by the Secretary of Education.
It also provides information regarding the retroactive implementation of the provisions
described above.
Finally, the letter discusses an additional change made to section 401(b)(2)(A)(ii) of the
HEA by Pub. L. 113-235. That change provides that students who first enroll in any Title
IV eligible postsecondary program on or after July 1, 2015, and who gain eligibility under
one of the ATB alternatives, will have their Federal Pell Grant award determined under
an alternative Pell Grant disbursement schedule. That provision is described below, and
the 2015–2016 Career Pathway Alternative Pell Grant Disbursement Schedules are
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IFAP - Dear Colleague Letters
attached to this letter.
Unchanged Student Eligibility Provisions
Public Law 113-235 did not change any of the provisions allowing an otherwise eligible
student to receive Title IV aid if the student meets one of the following conditions:
High School Diploma: The student has a high school diploma.
Recognized Equivalent of a High School Diploma: The student has the recognized
equivalent of a high school diploma, defined in the regulations at 34 CFR 600.2
as:
A General Educational Development Certificate (GED);
A state certificate or transcript received by a student after the student
passed a State-authorized examination, e.g., the High School Equivalency
Test (HiSET), Test Assessing Secondary Completion (TASC), the California
High School Proficiency Exam (CHSPE), or other State-authorized
examination that the State recognizes as the equivalent of a high school
diploma;
An academic transcript of a student who has successfully completed at least
a two-year program that is acceptable for full credit toward a bachelor's
degree; or
For a person who is seeking enrollment in an educational program that leads
to at least an associate degree or its equivalent and who has not completed
high school, but who excelled academically in high school, documentation
that the student excelled academically in high school and has met the
formalized, written policies of that postsecondary institution for admitting
such students.
Homeschool: The student has completed a secondary school education in a
homeschool setting that is treated as a homeschool or private school under State
law and has obtained a homeschool completion credential. If State law does not
require a homeschool student to obtain a homeschool credential, the student has
completed a secondary school education in a homeschool setting that qualifies as
an exemption from compulsory school attendance requirements under State law.
Statutory Change
Under Pub. L. 113-235, students who are enrolled in an eligible career pathway
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program, as defined in section 484(d)(2) of the HEA, on or after July 1, 2014, and who
are not high school graduates, or do not meet one of the other eligibility conditions listed
above, may be eligible to receive Title IV aid if the student meets one of the following
ATB alternatives as defined in section 484(d)(1):
Passes an independently administered Department of Education approved ATB
test.
Completes at least 6 credit hours or 225 clock hours that are applicable toward a
degree or certificate offered by the postsecondary institution.
Completes a State process approved by the Secretary of Education. Note: To date,
no State process has ever been submitted for the Secretary's approval.
A student who meets one of those alternatives may use that alternative to establish his or
her Title IV eligibility at any eligible Title IV institution where the student enrolls in an
eligible career pathway program as defined in section 484(d)(2) of the HEA.
Eligibility of Other Students Without a Valid High School Diploma (Grandfathered
Students)
In 2012, the Consolidated Appropriations Act of 2012 (Pub. L. 112-74) amended section
484(d) of the HEA to allow a student without a high school diploma (or its recognized
equivalent), or who did not complete a secondary school education in a homeschool
setting, and who was enrolled in an eligible program at a Title IV institution prior to July
1, 2012, to be eligible for Title IV aid under the previous ATB alternatives. This provision
was explained in Dear Colleague Letter GEN-12-09, and the eligible students were
referred to as having been “grandfathered.” The new provision in Pub. L. 113-235 does
not affect the eligibility of students grandfathered under the 2012 provision.
Eligible Career Pathway Programs
Career pathways refer to a combination of rigorous and high-quality education, training,
and support services that are aligned with the skill needs of industries in State or
regional economies, preparing individuals to be successful in secondary or
postsecondary education programs and the labor market. In recent years, the Federal
government has worked to identify the elements of a high-quality career pathway
program. Under Pub. L. 113-235, Congress provided an opportunity for students who are
enrolled in eligible career pathway programs, but who lack a high school diploma or its
recognized equivalent, or who did not complete a secondary school education in a
homeschool setting, to become eligible for Title IV aid using one of the ATB alternatives.
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IFAP - Dear Colleague Letters
To become eligible for Title IV aid under one of the ATB alternatives described above, the
student must be enrolled in an “eligible career pathway program,” as defined in section
484(d)(2) of the HEA. Any institution, whether public, nonprofit, or for-profit, may offer an
eligible career pathway program.
An eligible career pathway program must:
Concurrently enroll students in connected adult education and eligible
postsecondary programs;
Provide students with counseling and supportive services to identify and attain
academic and career goals;
Provide structured course sequences that—
Are articulated and contextualized; and
Allow students to advance to higher levels of education and employment;
Provide opportunities for acceleration for students to attain recognized
postsecondary credentials, including degrees, industry relevant certifications, and
certificates of completion of apprenticeship programs;
Be organized to meet the needs of adults;
Be aligned with the education and skill needs of the regional economy; and
Have been developed and implemented in collaboration with partners in business,
workforce development, and economic development.
As stated above, an eligible career pathway program contains two components: an adult
education component and a Title IV eligible postsecondary program component. In this
context, “adult education” has the same definition as it does under the Adult Education
and Family Literacy Act, Title II of the Workforce Innovation and Opportunity Act (Pub. L.
113-128) and includes academic instruction and education services below the
postsecondary level that increase an individual’s ability to:
Read, write, and speak in English and perform mathematics or other activities
necessary for the attainment of a secondary school diploma or its recognized
equivalent;
Transition to postsecondary education and training; and
Obtain employment.
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The Title IV eligible postsecondary program component of an eligible career pathway
program must meet the definition of an eligible program under 34 CFR 668.8 in order for
students enrolled in the eligible career pathway program to be eligible for Title IV aid.
An eligible career pathway program, as defined in section 484(d)(2) of the HEA, is not
itself an eligible program under 34 CFR 668.8 because it contains an adult education
component that includes, by definition, coursework that is below the postsecondary level.
Therefore, an institution may not include the cost of the adult education component of an
eligible career pathway program in a student’s cost of attendance as defined in section
472 of HEA and may not pay for the cost of the adult education component using Title IV
aid. The only costs that can be included in a student’s cost of attendance are those
associated with the Title IV eligible postsecondary program component.
Similarly, credit or clock hours associated with adult education coursework cannot be
incorporated into a student’s Title IV enrollment status, regardless of whether the
institution considers the adult education coursework to be remedial. However, costs for
noncredit or reduced credit remedial coursework that is not part of the adult education
component of the eligible career pathway program, but is associated with the Title IV
eligible postsecondary program component, can be included in a student’s cost of
attendance. That coursework can also be included in the student’s Title IV enrollment
status. For more information on remedial coursework, please see Volume 1, Chapter 1
of the FSA Handbook.
Under the statute, a student is not eligible for Title IV aid if the student is enrolled in
elementary or secondary school. However, while the adult education component of an
eligible career pathway program includes instruction below the postsecondary level,
adult education is not secondary school education. Therefore, a student enrolled in an
eligible career pathway program does not lose eligibility because the student is not
considered to be enrolled in secondary school.
As noted above, the term “career pathway program” is also defined in the Workforce
Innovation and Opportunity Act, and in other laws, including State and local laws. The
definition of an eligible career pathway program under section 484(d)(2) of the HEA may
differ from definitions in these other laws. A program that qualifies for funding under the
Workforce Innovation and Opportunity Act or another law may not meet the definition of
an eligible career pathway program in section 484(d)(2) of the HEA. To provide Title IV
aid to students who are eligible only through one of the ATB alternatives allowed under
the new law, an institution must ensure that its eligible career pathway program(s) meets
the requirements under section 484(d)(2) of the HEA as described above.
Approved ATB Tests
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As of the date of this letter, the approved ATB tests are:
Test Publisher Name:
Test Name:
ACT Inc.
ASSET, COMPASS, and COMPASS ESL
Association of Classroom
Teacher Testers (ACTT)
Combined English Skills Assessment
(CELSA)
The College Board
ACCUPLACER
Wonderlic Inc
Wonderlic Basic Skills Test
Effect of Timing of ATB Test and Completed Credits on Eligibility for Title IV Aid
A student who was enrolled in an eligible career pathway program as of July 1, 2014,
and who meets one of the ATB alternatives prior to July 1, 2014, may be awarded a
Federal Pell Grant, TEACH Grant, and any aid from the Title IV campus-based programs
beginning with the first payment period of the 2014–2015 award year in which the
student was enrolled. A Direct Loan can be awarded for the entire loan period that
includes July 1, 2014.
A student who was enrolled in an eligible career pathway program as of July 1, 2014, and
who meets one of the ATB alternatives on or after July 1, 2014, may be awarded a
Federal Pell Grant, TEACH Grant, and any aid from the Title IV campus-based programs
beginning with the payment period in which the student meets the ATB alternative. A
Direct Loan can be awarded for the entire loan period that includes the date when the
student meets the ATB alternative.
Career Pathway Alternative Pell Grant Disbursement Schedules
In general, the Federal Pell Grant Program receives funding from two sources in the
Federal budget, discretionary appropriations and mandatory funding. Public Law 113235 amended section 401(b)(2)(A)(ii) of the HEA, which provides the amount of Pell
Grant funds a student who is enrolled in an eligible career pathway program is eligible to
receive. Beginning with the 2015–2016 award year, some students, as described below,
will only be eligible for the amount provided under the discretionary appropriation. These
Limited Pell Grant awards for such students will be determined using the appropriate
Career Pathway Alternative Pell Grant Disbursement Schedules that are attached to this
letter.
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Limited Pell Grant – Any student whose first enrollment in any Title IV eligible
postsecondary program was on or after July 1, 2015, and is eligible under one of the
ATB alternatives for enrollment in an eligible career pathway program, will only be
eligible for a Limited Pell Grant award. Institutions must use the attached Career
Pathway Alternative Pell Grant Disbursement Schedules to determine the amount for
which the student is eligible. The maximum Limited Pell Grant amount that such a
student may receive for enrollment in an eligible career pathway program for the 2015–
2016 award year is $4,860.
Note that the Career Pathway Alternative Pell Grant Disbursement Schedules use the
same maximum Pell Grant eligible expected family contribution (EFC) that was used to
develop the Regular Federal Pell Grant Payment and Disbursement Schedules. Once
the student’s annual award amount is determined using the Career Pathway Alternative
Pell Grant Disbursement Schedules, all other Pell funding calculations (e.g. determining
the Pell Grant amount for each payment period) are the same as those used for Regular
Pell Grant awards, but based on the Career Pathway Alternative Pell Grant
Disbursement Schedules.
Although a student in an eligible career pathway program may have his or her Pell Grant
award determined using the Career Pathway Alternative Pell Grant Disbursement
Schedules, calculation of the percentage of the student’s annual Scheduled Award used
will be based on the student’s full Scheduled Award under the Regular Federal Pell
Grant Payment Schedule. For example, a student in an eligible career pathway program
who is only eligible for a Limited Pell Grant award and has an EFC of 0 for the 2015–
2016 award year will only receive $4,860 if that student attends full-time for the full year.
The student would only have used 84.1558 percent ($4,860 / $5,775) of the student’s
Scheduled Award for the 2015–2016 award year. For more information on calculating
Pell Grant awards please see Volume 3, Chapter 3 of the FSA Handbook.
Regular Pell Grant – Any otherwise eligible student whose first enrollment in any Title IV
eligible postsecondary program was before July 1, 2015, and who is enrolled in an
eligible career pathway program in or subsequent to the 2015–2016 award year, is
eligible for a Regular Pell Grant award. For these students, institutions must use the
Regular Federal Pell Grant Payment and Disbursement Schedules published in GEN-1502 for the 2015–2016 award year and the Federal Pell Grant Payment and Disbursement
Schedules that are published annually for subsequent award years.
For a student who enrolls in an eligible career pathway program on or after July 1, 2015,
an institution must determine whether the student should receive a Regular Pell Grant
award or a Limited Pell Grant award based on when the student began attendance in
any Title IV eligible postsecondary program, without regard to whether the student
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received Title IV aid. For example, consider a student who enrolled in a Title IV eligible
postsecondary program at School A in August 2003 in the 2003–2004 award year and
then enrolls in an eligible career pathway program at School B in December 2015 in the
2015–2016 award year. Because this student first enrolled in a Title IV eligible
postsecondary program before July 1, 2015, the student would be eligible for the
Regular Pell Grant amount (using the schedules from GEN-15-02) at School B for a
maximum Pell Grant amount of $5,775 in the 2015–2016 award year, regardless of
whether the student received Title IV aid for the earlier enrollment at School A.
Documentation – An institution must document its determination as to whether a student
qualifies for a Limited Pell Grant award or a Regular Pell Grant award for the 2015–2016
award year and for any subsequent award years. If the institution’s determination is that
the student is eligible for a Regular Pell Grant award, such documentation could include
documentation from the National Student Loan Data System that the student previously
received Title IV aid, or a transcript or other documentation from a previous institution
that demonstrates that the student was enrolled in an eligible program at a Title IV
institution.
Title IV Eligibility for Students Without a Valid High School Diploma or Its Recognized
Equivalent Who Are Eligible Under One of the ATB Alternatives
The following chart provides a summary of the conditions under which a student who
does not have a high school diploma or its recognized equivalent may be eligible for Title
IV aid.
Title IV Eligibility for Students Without a Valid High School Diploma or Its
Recognized Equivalent Who Are Eligible Under One of the ATB Alternatives
First Enrolled in Any Title IV Eligible
Postsecondary Program
Prior to
July 1, 2012
(Grandfathered
Students)
Eligible for Title
Title IV eligible
IV aid, including
postsecondary
a Regular Pell
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On or after
July 1, 2012,
but prior to
July 1, 2015
On or after
July 1, 2015
Eligible for
Title IV aid,
including a
Eligible for
Title IV aid,
including a
IFAP - Dear Colleague Letters
program
Limited Pell
Grant award* for Regular Pell
that is part of
all award years, Grant award* Grant award**
an eligible
including 2014- for only 2014- for only 2015career pathway
2015 and
2015 and
2016 and
program
thereafter
thereafter
thereafter
Title IV eligible
postsecondary
program
that is NOT part
of an
eligible career
pathway
program
Eligible for Title
IV aid, including
a Regular Pell
Grant award* for Not eligible for Not eligible for
Title IV aid
Title IV aid
all award years,
including 20142015 and
thereafter
* To award and disburse Pell Grant funds to these students, institutions would use the
Regular Pell Grant Payment and Disbursement Schedules described in Dear Colleague
Letter GEN 14-01 for 2014-2015 and Dear Colleague Letter GEN 15-02 for 2015-2016
** To award and disburse Pell Grant funds to these students, institutions would use the
Career Pathway Alternative Pell Grant Disbursement Schedules. The 2015-2016 Career
Pathway Alternative Pell Grant Disbursement Schedules are attached with this Dear
Colleague Letter
If you have questions about the guidance provided in the letter, please contact Federal
Student Aid’s Research and Customer Care Center Staff. Staff is available Monday
through Friday between the hours of 9:00 a.m. and 5:00 p.m. (Eastern Time) at 1-800433-7327. After-hours calls will be accepted by an automated voice response system.
Callers leaving their names and phone numbers will receive a return call the next
business day. Alternatively, you may e-mail the Care Center at
fsa.customer.support@ed.gov.
Sincerely,
Lynn B. Mahaffie
Deputy Assistant Secretary
for Policy, Planning, and Innovation
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Attachments/Enclosures:
GEN-15-09: Title IV Eligibility for Students Without a Valid High School Diploma Who Are
Enrolled in Eligible Career Pathway Programs in PDF Format, 458KB, 9 Pages
2015-2016 Career Pathway Alternative Pell Grant Disbursement Schedules in PDF
Format, 993KB, 8 Pages
2015-2016 Career Pathway Alternative Pell Grant Disbursement Schedules in Excel
Format, 124KB
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