668.5—Written arrangements to provide educational programs.
(a) Written arrangements between eligible institutions.
(1)
Except as provided in paragraph (a)(2) of this section, if an eligible institution enters into a written arrangement with another eligible institution, or with a consortium of eligible institutions, under which the other eligible institution or consortium provides part of the educational program to students enrolled in the first institution, the Secretary considers that educational program to be an eligible program if the educational program offered by the institution that grants the degree or certificate otherwise satisfies the requirements of § 668.8.
(2)
If the written arrangement is between two or more eligible institutions that are owned or controlled by the same individual, partnership, or corporation, the Secretary considers the educational program to be an eligible program if—
(i)
The educational program offered by the institution that grants the degree or certificate otherwise satisfies the requirements of § 668.8; and
(ii)
The institution that grants the degree or certificate provides more than 50 percent of the educational program.
(b) Written arrangements for study-abroad.
Under a study abroad program, if an eligible institution enters into a written arrangement under which an institution in another country, or an organization acting on behalf of an institution in another country, provides part of the educational program of students enrolled in the eligible institution, the Secretary considers that educational program to be an eligible program if it otherwise satisfies the requirements of paragraphs (c)(1) through (c)(3) of this section.
(c) Written arrangements between an eligible institution and an ineligible institution or organization.
If an eligible institution enters into a written arrangement with an institution or organization that is not an eligible institution under which the ineligible institution or organization provides part of the educational program of students enrolled in the eligible institution, the Secretary considers that educational program to be an eligible program if—
(ii)
Voluntarily withdrawn from participation in the title IV, HEA programs under a termination, show-cause, suspension, or similar type proceeding initiated by the institution's State licensing agency, accrediting agency, guarantor, or by the Secretary;
(iv)
Had its application for re-certification to participate in the title IV, HEA programs denied by the Secretary; or
(v)
Had its application for certification to participate in the title IV, HEA programs denied by the Secretary;
(2)
The educational program offered by the institution that grants the degree or certificate otherwise satisfies the requirements of § 668.8; and
(3)
(i)
The ineligible institution or organization provides 25 percent or less of the educational program; or
(ii)
(A)
The ineligible institution or organization provides more than 25 percent but less than 50 percent of the educational program;
(B)
The eligible institution and the ineligible institution or organization are not owned or controlled by the same individual, partnership, or corporation; and
(C)
The eligible institution's accrediting agency, or if the institution is a public postsecondary vocational educational institution, the State agency listed in the Federal Register in accordance with 34 CFR part 603, has specifically determined that the institution's arrangement meets the agency's standards for the contracting out of educational services.
(d) Administration of title IV, HEA programs.
(1)
If an institution enters into a written arrangement as described in paragraph (a), (b), or (c) of this section, except as provided in paragraph (d)(2) of this section, the institution at which the student is enrolled as a regular student must determine the student's eligibility for title IV, HEA program funds, and must calculate and disburse those funds to that student.
(2)
In the case of a written arrangement between eligible institutions, the institutions may agree in writing to have any eligible institution in the written arrangement make those calculations and disbursements, and the Secretary does not consider that institution to be a third-party servicer for that arrangement.
(3)
The institution that calculates and disburses a student's title IV, HEA program assistance under paragraph (d)(1) or (d)(2) of this section must—
(i)
Take into account all the hours in which the student enrolls at each institution that apply to the student's degree or certificate when determining the student's enrollment status and cost of attendance; and (ii) Maintain all records regarding the student's eligibility for and receipt of title IV, HEA program funds.
(e) Information made available to students.
If an institution enters into a written arrangement described in paragraph (a), (b), or (c) of this section, the institution must provide the information described in § 668.43(a)(12) to enrolled and prospective students.