LOUISIANA STUDENT
FINANCIAL ASSISTANCE COMMISSION
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LPM NO.: | L2003-6 | Effective Date: | As Indicated |
Pub. Date: | May 5 , 2003 | Distribution: | Lenders and Schools |
Topic: | Common Manual Update |
To assure that your Common Manual remains current, please record this document on your LPM/LPB index, and retain it in Appendix E of your manual.
The following summary informs schools, lenders, and servicers of the latest Common Manual policy changes. These changes will appear in the manual's next annual update in 2003. These changes were also incorporated into the April 2003 Integrated Common Manual, available on the NCHELP website at www.NCHELP.ORG in the e-library. However, some of these changes are effective before the next paper manual update is scheduled to be delivered.
Reduced-Payment
Forbearance Agreements
New federal
regulations remove the requirement that the forbearance agreement between a
borrower or endorser and a lender for a discretionary forbearance be in writing.
Although reduced-payment forbearance is based on guarantor policy, the policy
has been amended to permit a lender to negotiate a reduced-payment forbearance
with a borrower via a verbal agreement, consistent with regulatory changes applicable
to other discretionary forbearances. If the forbearance agreement is verbal,
the lender must document the borrower's request for forbearance, the reason
for the forbearance, and the terms of the forbearance agreement.
To further ensure consistency, if the forbearance agreement is verbal, the lender is required to send, within 30 days of that agreement, a notice to the borrower or endorser confirming the terms of the agreement. In addition to the information required for other verbal discretionary forbearances, if the lender negotiates a reduced-payment forbearance with a borrower, the lender's notice to the borrower must include all of the following information:
1. The required
payment amount during the reduced-payment forbearance.
2. The address to which payments must be sent.
3. The consequences, if any, of delinquency on the payments required
during the forbearance period.
Affected Sections: | 7.11.A |
Effective Date: | Borrower requests processed by the lender on or after July 1, 2003, unless implemented earlier by the lender. Lenders may implement these provisions no earlier than November 1, 2002. |
Basis: | §682.211(b) and (c). |
Policy Information: | 662/Batch 103 |
Guarantor Comments: | None. |
Establishing Payment Due Dates Following Claim Activities
Recent regulatory changes extend the first payment due date and next payment
due date parameters to permit a lender to establish first due dates no later
than 60 days after a Stafford borrower's grace period end date, and no later
than 60 days after the end date of a forbearance, deferment, and post-deferment
grace period. Based on these changes, guarantors have reassessed current common
policy related to establishing due dates following a lender's reconversion of
loans when certain claim-type activity is involved. Please note the following
changes:
Affected Sections: | 8.2.D, 8.8.F, 8.8.J, CCI8.2.D, CCI8.8.F, CCI8.8.J |
Effective Date: | Next payment due dates established by the lender on or after November 1, 2002. |
Basis: | None. |
Policy Information: | 663/Batch 103 |
Guarantor Comments: | None. |
Multi-year Feature of the Stafford Master Promissory Note (Stafford MPN)
The Common Manual has been revised to indicate that all schools located
in the United States, unless notified otherwise by the Department, are authorized
to offer the multi-year feature of the Stafford Master Promissory Note (Stafford
MPN). This extension has a retroactive feature. Schools that are not four-year
colleges or graduate or professional schools may certify loans on or after March
1, 2003, regardless of the loan period covered by the loan. Borrowers attending
these schools may receive loans for subsequent academic years based on a previously
signed Stafford MPN even if the borrower signed that MPN before March 1, 2003.
The manual has also been revised to clarify in what instances a new MPN may
be required. In addition to the noted policy changes, and based on comments
received from the community, the text of chapters 2 and 5 has been reorganized
to place the details regarding the MPN origination process in chapter 5 and
to refer to that relocated text via cross-reference in chapter 2.
The implementation dates of the initial Stafford MPN are being removed from subsection 2.2.A and will be added to appendix H.
Affected Sections: | 2.2.A, 5.1.A |
Effective Date: | Stafford loans certified by the school on or after March 1, 2003, regardless of the loan period. |
Basis: | Dear Colleague Letter (DCL) GEN-02-10 |
Policy Information: | 664/Batch 103 |
Guarantor Comments: | None. |
Incentive Compensation
The Common Manual has been updated to include the prohibition of
a school to provide any commission, bonus, or other incentive payment to any
person or entity engaged in student recruiting or admission activities or in
making decisions regarding the awarding of Title IV aid, based directly or indirectly
on the success of securing enrollments or financial aid. This prohibition does
not apply to the recruitment of foreign students residing in foreign countries.
In addition, the Department's list of permissible incentives has been added
to provide schools with examples of payments a school can make. The list is
not intended to be comprehensive, but rather to provide examples of compensation
arrangements a school can offer and remain in compliance with federal regulations.
Affected Sections: | 4.1.A |
Effective Date: | Incentive compensation offered by the school on or after July 1, 2003, unless implemented earlier by the school. Schools may implement these provisions no earlier than November 1, 2002. |
Basis: | §668.14(b)(22)(i)and (ii); Federal Register, dated August 8, 2002, pages 51722-51725. |
Policy Information: | 665/Batch 103 |
Guarantor Comments: | None. |
12-Hour Rule and Week of Instruction
The Common Manual has been revised to include a standard definition
of "week of instruction" for all schools, based on the regulatory changes issued
in November 2002. A "week of instruction" is defined as any period of 7 consecutive
days in which the school provides for at least one day of regularly scheduled
instruction, examination, or, after the last day of classes, at least one day
of study in preparation for final examination.
Affected Sections: | 4.1.C, 5.7.B |
Effective Date: | Program eligibility determinations made by the school on or after July 1, 2003, unless implemented earlier by the school. Schools may implement these provisions no earlier than November 1, 2002. |
Basis: | §668.8(b). |
Policy Information: | 666/Batch 103 |
Guarantor Comments: | None. |
Return of Unearned Title IV Funds and Cash Reserve Requirements
The Common Manual is revised to incorporate federal regulations that
establish clear requirements for returning unearned Title IV program funds and
the conditions under which a school must submit a letter of credit if it does
not return those funds in a timely manner. Revised policy also provides that
if a school can demonstrate exceptional circumstances beyond the school's control,
the Department will not hold the school responsible for untimely return of Title
IV funds and will not require the school to submit a letter of credit. Specifically,
a school is considered to have sufficient cash reserves to make required returns
of unearned Title IV funds if the school meets at least one of the following:
Affected Sections: | 4.3.C |
Effective Date: | None. These provisions will be implemented and enforced by the Department. |
Basis: | §668.173. |
Policy Information: | 667/Batch 103 |
Guarantor Comments: | None. |
Requirements for Recording Attendance
The Common Manual has been revised to clarify, based on the regulatory
change to 34 CFR 668.22(b), that a school is required to record attendance if
an outside entity requires this activity even for a limited period of time.
An exception is made to this requirement, however, if the outside entity requires
a school to record attendance for a single event (e.g., a one-day census activity).
Affected Sections: | 4.6 |
Effective Date: | For all withdrawal determinations made by the school on or after July 1, 2003, or on or after the date of implementation if implemented earlier by the school. Schools may implement these provisions no earlier than November 1, 2002. |
Basis: | §668.22(b). |
Policy Information: | 668/Batch 103 |
Guarantor Comments: | None. |
Timely Return of Unearned FFELP Funds
The Common
Manual is revised to provide that unearned FFELP funds are considered returned
timely if, no later than 30 days after the date the school determines that the
student withdrew, the school does one of the following:
Policy guidance related to compliance audit findings with respect to the return of Title IV funds and cash reserve requirements is consolidated in subsection 4.3.C.
Affected Sections: | 4.7.B |
Effective Date: | Unearned FFELP funds returned by the school to the lender on or after July 1, 2003, unless implemented earlier by the school. Schools may implement these provisions no earlier than November 1, 2002. |
Basis: | §668.173(b). |
Policy Information: | 669/Batch 103 |
Guarantor Comments: | None. |
Entrance Counseling
The Common
Manual has been revised to state that a school must ensure that entrance
counseling is conducted with each student who is obtaining his or her first
Stafford loan for attendance at that school-unless the student previously received
a Stafford, SLS, or Federal Direct Stafford loan for attendance at another school.
When counseling is conducted by another party or by interactive electronic means,
the school remains responsible for ensuring that each student borrower receives
the counseling material and participates in and completes entrance counseling.
The following entrance counseling requirements have been revised in subsection
4.9.B:
Affected Sections: | 4.9.B |
Effective Date: | Entrance counseling conducted by or on behalf of the school on or after July 1, 2003, unless implemented earlier by the school. Schools may implement these provisions no earlier than November 1, 2002. |
Basis: | §682.604(f). |
Policy Information: | 670/Batch 103 |
Guarantor Comments: | None. |
Exit Counseling
The Common
Manual has been revised to state that a school must ensure that exit counseling
is conducted with each Stafford loan borrower shortly before the student borrower
ceases enrollment on at least a half-time basis, recognizing that a school may
rely on an outside entity to conduct counseling. When exit counseling is conducted
by interactive electronic means or by another party, the school remains responsible
for ensuring that each student borrower receives the counseling materials and
participates in and completes the counseling.
The following exit counseling requirements have been revised or added to those listed in subsection 4.9.C:
Affected Sections: | 4.9.C |
Effective Date: | Exit counseling conducted by or on behalf of the school on or after July 1, 2003, unless implemented earlier by the school. Schools may implement these provisions no earlier than November 1, 2002. |
Basis: | §682.604(g). |
Policy Information: | 671/Batch 103 |
Guarantor Comments: | None. |
Overpayment Tolerance
The Common
Manual has been revised to incorporate the regulatory change that allows
a student to maintain Title IV eligibility despite an overpayment in the Federal
Perkins Loan Program or any Title IV grant program of less than $25. The overpayment
amount cannot be the balance of an original overpayment of $25 or more that
is reduced to less than $25 based on payments received. In this case, even though
the remaining balance of the original overpayment is less than $25, the borrower
is still responsible for repaying the overpayment in full or making satisfactory
arrangements to repay it before the borrower can regain Title IV eligibility.
Affected Sections: | 5.2.E |
Effective Date: | Loans certified by the school on or after July 1, 2003, unless implemented earlier by the school. Schools may implement these provisions no earlier than November 1, 2002. |
Basis: | §668.35(e). |
Policy Information: | 672/Batch 103 |
Guarantor Comments: | None. |
Ability-to-Benefit (ATB) Tests
The Common
Manual has been revised to incorporate the regulatory change that eliminates
the requirement for a student to take and pass an approved, properly administered
ATB test during the 12-month period prior to receiving Title IV aid. A passing
score received by the student at any time prior to the student's receipt of
Title IV aid is acceptable, provided that the school obtains the test results
from the test publisher or assessment center.
Affected Sections: | 5.2.H |
Effective Date: | Official notification of a student's ability to benefit accepted by the school on or after July 1, 2003, unless implemented earlier by the school. Schools may implement these provisions no earlier than November 1, 2002. |
Basis: | §668.32(e)(2); §668.151(a)(2). |
Policy Information: | 673/Batch 103 |
Guarantor Comments: | None. |
Requesting a Reduced Academic Year
The Common
Manual has been revised to reflect changes in regulation regarding a school's
request for a reduced academic year. In addition to existing requirements that
the reduced academic year be not less than 26 weeks and that students completing
the program obtain a two-year associate or four-year bachelor's degree, new
regulations require that the school meet the additional criteria:
The reduced academic year approval terminates when the school's Program Participation Agreement expires. The school may request an extension of the approval as part of the re-certification process. The provisions of this policy are based solely on interactions between the Department and the school.
Affected Sections: | 5.7.A |
Effective Date: | None. This provision is implemented and enforced by the Department. |
Basis: | §668.3(c). |
Policy Information: | 674/Batch 103 |
Guarantor Comments: | None. |
Applying Stafford Annual Loan Limits
The Common
Manual has been revised to reflect clarifications made in the November 2002
final regulations regarding applicable loan limits for undergraduate students.
Specifically, the revised policy provides that, generally, the length of the
program of study or academic year in which the student is currently enrolled
determines the annual loan limit, regardless of the length of time it takes
the student to complete the program or academic year of the program, as applicable.
In addition, the revised policy language clarifies that the provisions apply
to all undergraduate students, including transfer students and students who
have completed programs of study at other schools. Finally, the revised policy
adds language to specifically state that a school may not link separate, stand-alone
programs of study to allow a student to qualify for higher annual loan limits
than the student would otherwise be eligible to receive based on the length
of the program.
Affected Sections: | 5.7.H |
Effective Date: | Stafford loan amounts certified by the school on or after July 1, 2003, unless implemented earlier by the school. |
Basis: | §682.204(a)-(d). |
Policy Information: | 675/Batch 103 |
Guarantor Comments: | None. |
Students Returning to a Non-Term Credit-Hour or Clock-Hour Program after a Withdrawal
The Common
Manual has been revised to to reflect changes in regulation regarding action
required of a non-term, credit-hour or clock-hour school for students who withdraw
from a program but re-enter the same program (within 180 days or after 180 days)
or enter a new program or school. If a student withdraws from a program but
re-enters the same program within 180 days, the school is required to place
the student in the same payment period in which he or she was enrolled when
the withdrawal occurred. If, however, a student returns to the same program
after 180 days or, at any time, either transfers into a different program
at the same school or enrolls in another school, the applicable school must
calculate a new payment period for the remainder of the student's program based
on how program progress is measured. For purposes of calculating payment periods
only, the length of the program is the number of credit hours and the number
of weeks, or the number of clock hours, that the student has remaining in the
program he or she entered or re-entered. If the remaining hours (and weeks,
if applicable) constitute one half of an academic year or less, the remaining
hours constitute one payment period.
Affected Sections: | 5.8.D |
Effective Date: | Eligibility determinations made by the school on or after July 1, 2003, unless implemented earlier by the school. Schools may implement these provisions no earlier than November 1, 2002. |
Basis: | §668.4(e) and (f). |
Policy Information: | 676/Batch 103 |
Guarantor Comments: | None. |
Elimination of Confirmation Requirement for Electronic Notice
Current common
policy states that the school must notify the student or parent borrower if
the school credits a student's school account with Stafford or PLUS loan proceeds.
This notice must be issued no earlier than 30 days before and no later than
30 days after the school credits the student's account and must include:
To incorporate regulatory changes, the Common Manual is revised to eliminate the requirement that a school confirm and document the student or parent borrower's receipt of this notice if the school issued the notice via an electronic transmission.
Affected Sections: | 6.3.C |
Effective Date: | Notices issued by the school on or after July 1, 2003, to inform a student or parent borrower in the event that the school credits a student's school account with Stafford or PLUS loan proceeds, unless implemented earlier by the school. Schools may implement this provision no earlier than November 1, 2002. |
Basis: | §668.165(a)(3). |
Policy Information: | 677/Batch 103 |
Guarantor Comments: | None. |
Claim Purchase and Claim Returns
The Common
Manual has been revised to reflect changes in the regulations regarding
the portion of a joint Consolidation loan that is attributable to a disabled
borrower. If a Consolidation loan is made jointly to a married couple as comakers,
and one of the borrowers becomes totally and permanently disabled, the portion
of the Consolidation loan attributable to the disabled borrower may be discharged.
However, both borrowers remain jointly and severally liable for any remaining
balance after the discharge.
Affected Sections: | 8.2.C, CCI8.2.C |
Effective Date: | Total and permanent disability discharge claims filed by the lender on or after July 1, 2003, unless implemented earlier by the lender. Lenders may implement these provisions no earlier than November 1, 2002. |
Basis: | §682.402(a). |
Policy Information: | 678/Batch 103 |
Guarantor Comments: | None. |
Claim Filing Documentation Requirements
The Common
Manual has been revised to reflect changes in the regulations regarding
claim filing documentation requirements. Previously, if a copy of the promissory
note was provided in the claim file, the lender was required to certify that
the copy was "true and exact." Revised policy no longer requires lenders to
provide the "true and exact" certification.
Affected Sections: | 8.2.G, CCI8.2.G, 8.2.H, CCI8.2.H, 8.3.B, CCI8.3.B |
Effective Date: | Claims filed by the lender on or after July 1, 2003, unless implemented earlier by the lender. Lenders may implement these provisions no earlier than November 1, 2002. |
Basis: | §682.402(g)(1)(i). |
Policy Information: | 679/Batch 103 |
Guarantor Comments: | None. |
Rehabilitation of Defaulted Loans
The Common
Manual has been revised to reflect changes in the regulations regarding
the rehabilitation of a defaulted loan for which a judgment has been obtained.
A borrower who has a defaulted loan for which a judgment has been obtained is
no longer permitted to include that loan in a guarantor's rehabilitation program.
Affected Sections: | 8.10, CCI8.10 |
Effective Date: | Requests for loan rehabilitation received by the guarantor on or after July 1, 2003. |
Basis: | §682.405(a)(1). |
Policy Information: | 680/Batch 103 |
Guarantor Comments: | None. |
Recordkeeping Requirements
The Common
Manual has been revised to clarify that a promissory note that has been
signed electronically must be stored and retained electronically by the lender
in a retrievable, coherent format.
Affected Sections: | 3.4.A |
Effective Date: | Retroactive to the lender's implementation of electronically signed promissory notes. |
Basis: | §682.414(a)(5)(ii). |
Policy Information: | 681/Batch 103 |
Guarantor Comments: | None. |
Reinstatement of Borrower Eligibility after a Default Claim Is Purchased
The Common
Manual has been revised to reflect the regulatory emphasis regarding borrowers
who have previously defaulted and who reestablish eligibility for Title IV aid.
Borrowers who have defaulted loans, or defaulted loans for which a judgment
has been obtained, may reestablish Title IV eligibility under these provisions
only once.
Affected Sections: | 8.9, CCI8.9 |
Effective Date: | Borrower requests for reinstatement on or after July 1, 2003. |
Basis: | §668.35(a)-(c). |
Policy Information: | 682/Batch 103 |
Guarantor Comments: | None. |
PLUS
Application and Master Promissory Note
The following
changes were made to the Common Manual as a result of Dear Colleague Letter
GEN-03-03:
Recordkeeping requirements for loans made using the PLUS Application and Master Promissory Note (PLUS MPN) have been updated for schools and lenders.
Records that a lender must maintain include:
Records that a school must maintain include:
A parent borrower must complete a new PLUS MPN if any of the following occur:
Lenders must ensure that a process is in place to obtain the parent borrower's requested loan amount before each loan is disbursed under a PLUS MPN. Procedures for obtaining the requested loan amount from the parent borrower when using a PLUS MPN has been added to the list of key items that may be included in guarantor on-site school and lender reviews.
Affected Sections: | 3.4.A, 4.10, 6.1.A, 6.5, 11.3.B |
Effective Date: | The PLUS Application and Master Promissory Note (PLUS MPN) may be used for PLUS loans certified by the school for loan periods beginning on or after July 1, 2003. The PLUS MPN must be used for loan periods beginning on or after July 1, 2004, or for any loan certified on or after July 1, 2004, regardless of the loan period. |
Basis: | Dear Colleague Letter GEN-03-03 |
Policy Information: | 684/Batch 104, 686/ Batch 104, 689/Batch 104, 690/Batch 104 |
Guarantor Comments: | None. |
Expansion of the Multi-Year Feature of the Stafford MPN and Origination of PLUS
Loans Using the PLUS Application and Master Promissory Note (PLUS MPN)
The Common
Manual has been updated to incorporate information regarding the eligibility
of all schools located in the United States, unless notified otherwise by the
Department, to use the multi-year feature of the Stafford Master Promissory
Note (Stafford MPN) and the PLUS Application and Master Promissory Note (PLUS
MPN). The PLUS MPN may be used to obtain one or more PLUS loans for a dependent
student. A parent borrower must complete a separate PLUS MPN for each dependent
student for whom he or she wishes to borrow. Before a PLUS loan may be disbursed,
the parent borrower must indicate to either the school or the lender the PLUS
loan amount that he or she wishes to borrow (the requested loan amount). The
student is not required to complete or sign the PLUS MPN.
If the lender determines that the parent has an adverse credit history and an endorser is used, a separate Endorser Addendum is required for each PLUS loan. In any case where an endorser is required, a new PLUS MPN is required for each loan. Any increase in the requested loan amount by the parent borrower must be approved by the endorser and requires a new PLUS MPN and Endorser Addendum.
Affected Sections: | 2.2.A, 5.1, 5.1.B, 6.1.C |
Effective Date: |
For loans made using a Stafford Master Promissory Note (Stafford MPN), loans certified by the school on or after March 1, 2003, regardless of loan period. The PLUS Application and Master Promissory Note (PLUS MPN) may be used for PLUS loans certified by the school for loan periods beginning on or after July 1,2003. The PLUS MPN must be used for loan periods beginning on or after July 1, 2004, or for any loan certified on or after July 1, 2004, regardless of the loan period. |
Basis: | Dear Colleague Letters GEN-02-10 and GEN-03-03 |
Policy Information: | 683/Batch 104, 688/Batch 104 |
Guarantor Comments: | None. |
Payment Period
The Common
Manual has been revised to reflect changes in regulation regarding payment
periods for credit-hour programs. The payment period for an eligible credit-hour
program that offers academic terms (standard or nonstandard) is simply the academic
term. The definition of payment period for a credit-hour program that does not
have academic terms is amended by stating that the first payment period is the
period of time when the student completes half the number of credit hours and
half the number of weeks in the program. The definition of payment period for
clock-hour programs is moved to a new section as it no longer mirrors the non-term-based
credit-hour program definition. Also, the paragraph that explains determining
the number of payment periods is moved so it is clear it applies to both non-term-based
credit-hour programs and clock-hour programs.
Affected Sections: | 5.8.D |
Effective Date: | Payment periods established by the school on or after July 1, 2003, unless implemented earlier by the school. Schools may implement these provisions no earlier than November 1, 2002. |
Basis: | §668.4(a)-(c). |
Policy Information: | 685/Batch 104 |
Guarantor Comments: | None. |
Lender MPN Loan Origination
The Common
Manual has been updated to incorporate information regarding the expiration
of the ability of a lender to make new loans under a Master Promissory Note
(MPN). In addition to the current revocation guidance, a lender may elect not
to make subsequent loans under an existing MPN. The lender's decision may be
based on any number of circumstances-for instance, if there is a change in the
borrower's circumstances (such as bankruptcy or delinquency), or because the
loan is being requested under a Lender of Last Resort Program.
Affected Sections: | 6.1.A, 6.2.I |
Effective Date: |
Exercise of a lender's option to discontinue making loans under an existing Stafford Master Promissory Note (Stafford MPN) on or after July 1, 1999. The PLUS Loan Application and Master Promissory Note (PLUS MPN) may be used for PLUS loans certified by the school for loan periods beginning on or after July 1, 2003. The PLUS MPN must be used for loan periods beginning on or after July 1, 2004, or for any loan certified on or after July 1, 2004, regardless of the loan period. |
Basis: | Dear Colleague Letter (DCL) GEN-98-25; DCL GEN-03-03. |
Policy Information: | 687/Batch 104 |
Guarantor Comments: | None. |
Definition of Master Promissory Note
The definition
of "Master Promissory Note (MPN)" has been revised to provide a succinct definition
of an MPN. The definition has been further revised by changing "period of enrollment"
to "academic year." The revised definition now reads:
Master Promissory Note: (MPN) A promissory note under which the borrower may receive loans for either a single academic year or multiple academic years. See section 5.1. The MPN forms, developed by FFELP participants and approved by the Department, are the Stafford Master Promissory Note (Stafford MPN) and the PLUS Application and Master Promissory Note (PLUS MPN).
Affected Sections: | Appendix G |
Effective Date: | Disbursements made from a Stafford Master Promissory Note (Stafford MPN) on or after July 1, 2001, and disbursements made from a PLUS Application and Master Promissory Note (PLUS MPN) on or after July 1, 2003. |
Basis: | Federal Register dated June 29, 2001. |
Policy Information: | 691/Batch 104 |
Guarantor Comments: | None. |