1. © 2013 Cooley LLP, Five Palo Alto Square, 3000 El Camino Real, Palo Alto, CA 94306 The content of this packet is an introduction to Cooley LLP’s capabilities and is not intended, by itself, to provide legal advice or create an attorney-client relationship. Prior results do not guarantee future outcome. Implementing Academic Innovation – Non-Traditional Calendars Presented by: Rebecca Flake WASFAA Conference April 14, 2014

2. www.cooley.com Agenda  Definitions  Academic Calendars  Modules and Intersessions  Standard Term with Modules and Non-standard Term, Substantially Equal  Awarding, Disbursing, and R2T4  Non-Standard Term, Not Substantially Equal and Non- Term  Awarding, Disbursing, and R2T4  Things to Consider 2

3. www.cooley.com Definitions 3

4. www.cooley.com Definitions  Term  a period in which all classes are scheduled to begin and end within a set time frame; generally a semester or quarter  Academic Year  the number of instructional weeks and credits or clock hours a full-time student must attempt in a school year  Instructional Week  any period of 7 consecutive days in which at least 1 day of regularly scheduled instruction, examination, or (after the last day of classes) at least 1 scheduled day of study for exams occurs 4

5. www.cooley.com Definitions  What is an academic calendar?  How an institution defines the calendar in which instruction is offered to students  Must be defined for each program of study  Can vary by program 5

6. www.cooley.com Academic Calendars 6

7. www.cooley.com Academic Calendars  Standard Term –  Quarter ranging between 10 and 12 weeks; but at least 9 weeks  Semesters ranging between 14 and 17 weeks  Offered on set calendar  Term lengths do not vary by more than 2 weeks (intersession exception)  If quarters, award quarter credits; if semester, award semester credits 7

8. www.cooley.com Academic Calendars  Standard term, continued-  Combine modules to make a term  Can attach an intersession  The payment period is the term and not the individual module (if module changes to non-standard term)  May award Title IV for some repeat coursework, if otherwise eligible 8

9. www.cooley.com Academic Calendars  Non-Standard Term, Substantially Equal –  Quarter or semester which are longer or shorter than standard length; term lengths do not vary by more than 2 weeks  Offer quarter credits in a semester or semester credits in a quarter  At least 9 weeks  Generally administered the same as standard term 9

10. www.cooley.com Academic Calendars  Non-Standard Term, Not Substantially Equal  Quarter or semester which are longer or shorter than standard length; term lengths vary by more than 2 weeks  Offer quarter credits in a semester or semester credits in a quarter  Administered as non-term 10

11. www.cooley.com Academic Calendars  Non-Term  Programs offered in clock hour  Overlapping terms or courses  Self-paced programs  Floating start and end dates  Most difficult to administer 11

12. www.cooley.com Academic Calendars A program is required to be clock hours when -  Clock hours are required in the Federal or State approval or licensure process required to offer the program  Exception for limited program component  Completing clock hours is a requirement for graduates to apply for licensure or the authorization to practice the occupation that the student intends to pursue  The credit hours awarded for the program are not in compliance with the definition of a credit hour in 34 CFR 600.2  The institution does not provide the clock hours that are the basis for the credit hours awarded for the program or each course 12

13. www.cooley.com Modules and Intersessions 13

14. www.cooley.com Modules and Intersessions  What is a module?  A course that does not span the entire length of the term  Compressed course that is offered over a shorter timeframe than the traditional course offering  Must not overlap semesters to remain standard term 14

15. www.cooley.com Modules and Intersessions  Modules continued:  Generally the same amount of academic work in a shorter instructional period  Modules can work in a standard term calendar  Student may start modular course after term begins  The student may skip a module and not be withdrawn 15

16. www.cooley.com Modules and Intersessions  What is an intersession?  A period of time in which short optional courses are offered between longer standard terms  May only be attached to a standard term and make it longer than 15 weeks  Should not start or end during the standard term  Does not change a standard term into a non-standard term unless the intersession courses are required and not optional 16

17. www.cooley.com Modules and Intersessions  Intersessions continued –  Must attach to the same term for all students in the same program  Changes the end date of the loan period and R2T4 payment period, if the student enrolls  Credits for the intersession course are included in the enrollment status for the attached longer term – must include the intersession when awarding, if enrolled 17

18. www.cooley.com Modules and Intersessions  House with a Shed or Addition Analogy 18

19. www.cooley.com Standard Term with Modules and Non-Standard Term, Substantially Equal 19

20. www.cooley.com Awarding - Standard Term with Modules and Non-Standard Term, Substantially Equal  Generally similar awarding with the exception of intersessions attachment to the standard term  Enrollment status for courses enrolled in the term – modular, full term, and intersession  Enrollment status may include limited repeat coursework – even within the term if needed  Cost of attendance is adjusted for periods of non-attendance – indirect costs and tuition and fees may differ from student to student 20

21. www.cooley.com Awarding - Standard Term with Modules and Non-Standard Term, Substantially Equal  Student may attend only the intersession and receive Title IV if they have sufficient enrollment status and COA  Pell Formula 1 or 3  Must recalculate Pell and CB for courses the student does not start – during the term, at the end of the term, or upon withdrawal  Modular schedule may increase number of recalculations  Enrollment changes late in the term must be considered 21

22. www.cooley.com Awarding - Standard Term with Modules and Non-Standard Term, Substantially Equal  May award loans for single term  The minimum loan period is the entire term even if the student only attends a single module  Loan Period: Scheduled Academic Year (SAY), Borrower- Based Academic Year 1(BBAY-1), Borrower-Based Academic Year 2 (BBAY-2)  Loan period end date will include the intersession as part of the term, if enrolled  Prorate loan awards only for final period of study 22

23. www.cooley.com Disbursement - Standard Term with Modules and Non-Standard Term, Substantially Equal  One disbursement of each fund type by term  Multiple disbursements within the term-  if a single payment period loan and the school does not have a low default rate;  if it is in the best interest of student (by module) or;  the non-standard term is longer than 4 months  Up to 10 days prior to the start of the term or later module  Disbursement for registered coursework if paid early and actual coursework if paid after class start 23

24. www.cooley.com Disbursement - Standard Term with Modules and Non-Standard Term, Substantially Equal  Delay disbursement until student begins their first module within term  Should not delay disbursements until student begins all courses or at least half-time  Clearly communicate disbursement policy to students enrolled in modules who will not receive disbursement at the start of the term 24

25. www.cooley.com R2T4 - Standard Term with Modules and Non- Standard Term, Substantially Equal  Perform R2T4 calculation when a student stops attending all courses at any point in the term  Official and unofficial withdrawals – all unearned grades  Calculation not required if student provides notification of intent to attend a module later in term unless they do not return 25

26. www.cooley.com R2T4 - Standard Term with Modules and Non- Standard Term, Substantially Equal  Review enrollment status for Pell recalculation  No recalculation required for loans unless not disbursed – consider revised enrollment status for loan PWD  If attendance taking or academic engagement monitoring - use the last day of attendance or last day of academic related activity as withdrawal date  May use midpoint if non-attendance taking or academic engagement monitoring 26

27. www.cooley.com R2T4 - Standard Term with Modules and Non- Standard Term, Substantially Equal  Use modules enrolled at point of withdrawal to calculate total days; excluding days on scheduled break and LOA  If only enrolled in modules 1 and 3, exclude days in module 2 when calculating total days  If enrolled in both term courses and module courses, use the longer period to calculate total days  Calculate tuition liability for enrolled modules based on institutional policy 27

28. www.cooley.com Non-Standard Term, Not Substantially Equal and Non-Term 28

29. www.cooley.com Awarding- Non-Standard Term, Not Substantially Equal and Non-Term  Awards based on the lesser of a full academic year, program length or remaining period of study  Academic year awards are usually full-time  Pell Formula 4; Formula 5A for Correspondence  Must prorate all awards for periods less than a full academic year 29

30. www.cooley.com Awarding- Non-Standard Term, Not Substantially Equal and Non-Term  Payment period for loans only in final period of study  May not award funds for repeat coursework  BBAY 3  Advance grade level after successful completion of prior academic year 30

31. www.cooley.com Disbursement - Non-Standard Term, Not Substantially Equal and Non-Term  Pell may be disbursed by payment period  Loans limited to two disbursements at start and midpoint  Student must successfully complete the prior payment period in weeks and credit/clock hours  Failing grades delay disbursement  Disbursement up to 10 days before payment period if prior period is successfully completed 31

32. www.cooley.com R2T4 - Non-Standard Term, Not Substantially Equal  Perform R2T4 calculation when a student stops attending at any point during the payment period  If unequal disbursement schedule, use longer loan payment period and project the remaining Pell disbursement for the same period  Calculation not required if student provides notification of intent to return within 45 days unless they do not return 32

33. www.cooley.com R2T4 - Non-Term  Intent to return to a later module within 45 days  The payment period end date must be modified for additional coursework required due to failure  For clock hour programs, the numerator includes the scheduled clock hours to have been completed through the last day of attendance in the payment period; denominator is all clock hours in payment period 33

34. www.cooley.com Things to Consider 34

35. www.cooley.com Things to Consider  System programming considerations to accommodate non- traditional calendars:  Alternate course start and end dates within the term  Varying COA/need calculations  SAP calculations to consider all courses within the term  Transcript consistency  R2T4 considers alternative start and end dates 35

36. www.cooley.com Things to Consider  Drop and add periods for modules and intersession  Tracking initial attendance in all modules and intersession  Varying disbursement dates  Varying processing schedules  Crossover award tracking 36

37. www.cooley.com Things to Consider Operational Considerations:  Alternative billing processes and impact on institutional refund policy  Impact on state-funded programs  New policies and procedures  Communication with impacted offices/departments  Communication with students  Implementation and compliance monitoring 37

38. www.cooley.com Things to Consider  Communication with students:  The possible availability of Title IV funds from the earlier award year if they start classes in a cross over period and the required application process; may need to complete two FAFSAs  The delay of disbursement of funds until their module begins  The SAP evaluation process is not impacted by modular courses – no early evaluations 38

39. www.cooley.com Questions? 39

40. www.cooley.com Thank You! Rebecca Flake Senior Advisor Higher Education Services Cooley, LLC 202-776-2343 rflake@cooley.com 40