Program Eligibility for Financial Aid

PURPOSE

The purpose of federal student financial aid programs is to “mak[e] available the benefits of postsecondary education to eligible students[.]” Rules created by the U.S. Department of Education aim to ensure that only eligible students and institutions participate in student financial assistance programs authorized by Title IV of the Higher Education Act (HEA).

Specific rules governing the academic year and length of programs were adopted to “improve the efficiency of Federal student aid programs” and “improve their capacity to enhance opportunities for postsecondary education.”

HISTORY

The HEA was originally passed in 1965. The law established several federal student financial aid programs, including Pell Grants and federal loans, that provide funding for students to attend institutions of higher education. The HEA and later amendments imposed requirements regarding the academic year for participating schools.6 Regulations adopted under the HEA clarified the minimum number of weeks of instructional time in an academic year and set forth a limited option for seeking a reduction. The HEA has been reauthorized several times, with significant amendments being made in 1998. In 2008, most of the law’s provisions were renewed as the Higher Education Opportunity Act.

APPLICABILITY TO BYU–HAWAII

An institution of higher education is eligible to participate in student financial assistance programs only if it meets a series of applicable requirements, including the requirement that its programs of study have a defined academic year of a certain minimum length.

Likewise, an educational program at a higher education institution is eligible for federal student aid funds if the program leads to a degree (including a professional or graduate degree) and satisfies relevant requirements including the minimum standard for its academic year. Individual programs, including graduate programs, must meet the federal academic year standard before federal student aid can be awarded to any students in those programs.

As a recipient of federal student aid funds, BYU–Hawaii has agreed to and must comply with federal requirements regarding the academic year in order to maintain its eligibility to participate in student financial assistance programs; similarly, individual programs at BYU–Hawaii must have a defined academic year of sufficient length in order for students in those programs to be eligible to receive federal financial aid.

REQUIREMENTS

For purposes of participation in federal student aid programs, educational programs need to meet minimum standards for weeks of instructional time and hours. Programs measured in credit hours must have an academic year that requires at least thirty weeks of instructional time. For undergraduate programs, full-time students must be expected to complete at least twenty-four credit hours during the academic year. There is no similar credit-hour requirement for graduate programs.16 However, graduate programs must still meet the minimum instructional time, which is thirty weeks.

The number of weeks of instruction in a particular program impacts the calculation of different financial aid awards. Schools are allowed to have different academic years for different programs, but they “must use the same academic year definition” when awarding financial aid to students in the same program. All programs must define an academic year that conforms to the minimum requirements even if the program itself is shorter than those minimum requirements.

What Constitutes a Week of Instructional Time?

A week of instructional time is “any [consecutive seven-day period] in which at least one day of regularly scheduled instruction or examinations occurs or . . . at least one day of study for final examinations occurs[.]” According to guidance from the federal government, the number of weeks of instructional time in an academic year “is based on the period that begins on the first day of classes in the academic year and ends on the last day of classes or examinations.” Each counted “week” must contains one of the following:

One day of regularly scheduled instruction,
One day of examinations, or
One day of final examination study.

Federal regulations are silent on how many hours of instruction make up one day of instruction; however, agency guidance suggests “[t]his has been left to the reasonable interpretation of schools and their accrediting agencies.” Importantly, instructional time does not include any vacation periods, homework, orientation periods, or counseling sessions.

Can a Program’s Academic Year Be Reduced to Less Than Thirty Weeks?

An institution may seek a reduction in the required number of weeks for instructional time by submitting a written request to the Secretary of Education. However, the academic year can only be reduced to a minimum of weeks. An institution’s written request must:

Identify each education program for which the institution is requesting a reduction and include the number of weeks of instructional time that the program is requesting,
Show good cause for the requested reduction, and
Include any additional information that may be required for the Secretary to determine if the request should be approved.

The Secretary will approve requests for a reduction of length if the institution demonstrates “good cause” for the reduction and the reduction has been approved by the institution’s accrediting agency and state licensing agency. If the reduction of length is approved by the Secretary, then the request is valid until the institution’s program participation agreement expires.

PENALTIES

A postsecondary institution that fails to comply with the federal requirements regarding its academic year and weeks of instruction may face civil fines or lose eligibility to participate in federal student aid programs.