FFLEP Final Regulations

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Citation: 57 Fed. Reg. 60337 1992
Provided by:
National Library of Education

Enclosure B
34 CFR Part 682
Federal Family Education Loan
Programs; Final Regulations

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Federal Register / Vol. 57, No. 244 / Friday, December 18, 1992 / Rules and Regulations
three years (including any period during
which the borrower received a
deferment authorized under paragraph
(b)(5)(i) of this section);
(ii) A full-time volunteer under the
Peace Corps Act, for up to three years;
(iii) A full-time volunteer under Title
I of the Domestic Volunteer Service Act
of 1973 (ACTION'programs), for up to
three years;
(iv) A full-time volunteer for a taxexempt organization, for up to three
years; or
(v) Engaged in an internship of
residency program, for up to two years
(including any period during which the
borrower received a deferment
authorized under paragraph (b)(5)(iii) of
this section).
(3) For a borrower of a Stafford or SLS
loan who has been enrolled on at least
a half-time basis at an eligible
institution during the six months
preceding the beginning of this
deferment, deferment is authorized
during a period of up to six months
during which the borrower Is(i) (A) Pregnant;
(B) Caring for his or her newborn
child; or
(C)Caring for a child immediately
following the placement of the child
with the borrower before or immediately
following adoption; and
(ii) Not attending a school or gainfully
employed.
(4) For a "new borrower," as defined
in paragraph (b)(7) of this section, of a
Stafford, SLS, or PLUS loan, deferment
is authorized during periods when the
borrower is engaged in at least half-time
study at a school for a period of
enrollment for which the borrower
received a Stafford or SLS loan, unless
the borrower is not a national of the
United States and is pursuing a course
of study at a school not located in a
State.
(5) For a new borrower, as defined in
paragraph (b)(7) of this section, of a
Stafford or SLS loan, deferment is
authorized during any period when the
borrower is(i) On active duty status in the
National Oceanic and Atmospheric
Administration Corps, for up to three
years (including any period during
which the borrower received a
deferment authorized under paragraph
(b)(2)(i) of this section);
(ii) Up to three years of service as a
full-time teacher in a public or nonprofit private elementary or secondary
school in a teacher shortage area
designated by the Secretary under
paragraph (q)of this section.
(iii) Engaged in an internship or
residency program, for up to two years
(including any period during which the

borrower received a deferment
authorized under paragraph (b)(2)(v) of
this section); or
(iv) A mother who has preschool-age
children (i.e., children who have not
enrolled in first grade) and who is
earning not more than $1 per hour
above the Federal minimum wage, for
up to 12 months of employment, and
who began that full-time employment
within one year of entering or reentering the work force. Full-time
employment involves at least 30 hours
of work a week and it expected to last
at least 3 months.
(6) For a parent borrower of a PLUS
loan, deferment is authorized during
any period when the student on whose
behalf the parent borrower received the
loan(i) Is not independent as defined in
section 480(d) of the Act; and
(ii) Meets the conditions and provides
the required documentation, for iany of
the deferments described in paragraphs
(b)(1)(iHiii) and (b)(4) of this section.
(7) For purposes of this section, a
"new borrower" with respect to a loan
is a borrower who, on the date he or she
signs the promissory note, has no
outstanding balance on(i) A Stafford, SLS, or PLUS loan
made prior to July 1, 1987 for a period
of enrollment beginning prior to July 1.
1987; or
(ii) A Consolidation loan that repaid
a loan made prior to July 1, 1987 and
for a period of enrollment beginning
prior to July 1, 1987.
(c) Student deferment. (1) Except as
provided in paragraph (c)(4) of this
section, to document eligibility for a
deferment for full-time study or halftime study at a school, the borrower
shall provide the lender with(i) A completed deferment application
or certified loan application; and
(ii) A statement, which may be on the
deferment application or a loan
application, completed by an authorized
official of the school certifying that the
borrower is enrolled on a full-time basis,
or, in the case of a deferment described
in paragraph (b)(4) of this section, on at
least a half-time basis; and
(iii) In the case of a deferment
described in paragraph (b)(4) of this
section for a borrower who is at least
half-time but less than full-time, a
statement from the financial aid
administrator of the school or other
documentation evidencing that the
borrower has received, or will receive,
a Stafford or SLS loan for the period of
enrollment for which the deferment is
sought.
(2) The lender shall consider a
deferment granted on the basis of a
certified loan application to cover the

60337

period lasting until the anticipated
graduation date appearing on the
application, unless and until it receives
notice that the borrower has ceased the
level of study (i.e., full-time or halftime) required for the deferment.
(3) In the case of an SLS or PLUS
borrower, the lender shall treat the
certified loan application as sufficient
documentation for a student deferment
for any outstanding SLS or PLUS loan
previously made to the borrower that is
eld by the lender.
(4) A borrower serving in a medical
internship residency program, except
for an internship in dentistry, is
prohibited from receiving or continuing
deferment on a Stafford or SLS loan
under paragraph (c) of this section.
(d) Graduatefellowship deferment. (1)
To qualify for a deferment for study in
a graduate fellowship program, a
borrower shall provide the lender with
a statement from an authorized official
of the borrower's fellowship program
certifying-(i)That the borrower holds af least a
baccalaureate degree conferred by an
institution of higher education;
(ii) That the borrower has been
accepted or recommended by an
institution of higher education for
acceptance on a full-time basis into an
eligible graduate fellowship program;
and
(iii) The borrower's anticipated
completion date in the program.
(2) For purposes of paragraph (d)(1) of
this section, an eligible graduate
fellowship program is a fellowship
program tat(i) Provides sufficient financial
support to graduate fellows to allow for
full-time study for at least six months;
(ii) Requires a written statement from
each applicant explaining the
applicant's objectives before the award
of that financial support;
(iii) Requires a graduate fellow to
submit
reports, projects, or
evidenceperiodic
of the fellow's
progress; and
(iv) In the case of a course of study at
a foreign university, accepts the course
of study for completion of the
fellowship program.
(e) Rehabilitationtrainingprogram
deferment. (1) To qualify for a
rehabilitation training pro
deferment, a borrower shall provide the
lender with a statement from an
authorized official of the borrower's
rehabilitation training program
certifying that the borrower is either
receiving, or is scheduled to receive,
services under an eligible rehabilitation
training program for disabled
individuals.
(2) For purposes of paragraph (e)(1) of
this section, an eligible rehabilitation

60338

Federal Register / Vol. 57, No. 244 / Friday, December 18, 1992 / Rules and Regulations

training program for disabled
individuals is a program that(i) Ii licensed, approved, certified, or
otherwise recognized as providing
rehabilitation training to disabled
individuals by(A) A State agency with responsibility
for vocational rehabilitation programs;
(B) A State agency with responsibility
for drug abuse treatment programs;
(C)A State agency with responsibility
for mental health services program;
(D) A State agency with responsibility
for alcohol abuse treatment programs; or
(E) The Department of Veterans
Affairs: and
(ii) Provides or will provide the
borrower with rehabilitation services
under a written plan that(A) Is individualized to meet the
borrower's needs;
(B) Specifies the date on which the
services to the borrower are expected to
end; and
(C) Is structured in a way that requires
a substantial commitment by the
borrower to his or her rehabilitation.
The Secretary considers a substantial
commitment by the borrower to be a
commitment of time and effort that
normally would prevent an individual
from engaging in full-time employment.
either because of the number of hours
that must be devoted to rehabilitation or
because of the nature of the
rehabilitation. For the purpose of this
paragraph, full-time employment
involves at least 30 hours of work per
week and is expected to last at least
three months.
(f) Temporary total disability
deferment. (1) To qualify for a
temporary total disability deferment, a
borrower shall provide the lender with
a statement from a physician, who is a
doctor of medicine or osteopathy and is
legally authorized to practice, certifying
that the borrower is temporarily totally
disabled as defined in § 682.200(b).
(2) A borrower is not considered
temporarily totally disabled on the basis
of a condition that existed before he or
she applied for the loan, unless the
condition has substantially deteriorated
so as to render the borrower temporarily
totally disabled, as substantiated by the
statement required under paragraph
(f)(1) of this section, alit the borrower
submitted the loan application.

90 days, the borrower shall provide the
lender with a statement(i) From a physician, who is a doctor
of medicine or osteopathy and is legally
authorized to practice, certifying that
the borrower's spouse or dependent
requires continuous nursing or similar
services for a period of at least 90 days;
and
(ii) From the borrower, certifying that
the-borrower is unable to secure fulltime employment because he or she is
providing continuous nursing or similar
services to the borrower's spouse or
other dependent For the purpose of this
paragraph, full-time employment
involves at least 30 hours of work per
week and is expected to last at least
three months.
(2) A lender may not grant a

deferment based on a single certification
under paragraph (g)(1) of this section
beyond the date that is six months after
the date of the certification.
(h)Unemployment deferment. (1) To
qualify for an unemployment deferment,
a borrower shall provide the lender with
a written certification(i) Describing the borrower's
conscientious search for full-time
employment during the preceding six
months, except in the case of the initial
period of unemployment, including, for
each of at least six attemp ts to secure
employment to support the period
covered by the certification(A) The name of the employer
contacted;
(B) The employer's address and phone
number,
(C) The name or title of the person
contacted; and
(ii) Setting forth the borrower's latest
permanent home address and, if
applicable, the borrower's latest
temporary address; and
(iiI) Affirming that the borrower has
registered with a public or private
employment agency, if one is within a
50-mile radius of the borrower's
permanent or temporary address,
specifying the agency's name and
address and the date of registration.
(2) A borrower may qualify for an
unemployment deferment whether or
not the borrower has been previously
employed.
(3) An unemployment deferment Is
not justified if the borrower refuses to
(3) A lender may not grant a
deferment based on a single certification seek or accept employment in kinds of
positions or at salary and responsibility
under paragraph (f)(1) of this section
beyond the date that is six months after levels for which the borrower feels over
the date of certification.
qualified by virtue of education or
(g) Dependent's disabilitydeferment. previous experience.
(1) To qualify for a deferment given to
(4) For the purpose of this paragraph,
a borrower whose spouse or other
full-time employment involves at least
dependent requires continuous nursing 30 hours of work a week and is expected
or similar services for a period of at least to last at least three months.

(5) A lender may not grant a
deferment based on a single certification
under paragraph (h)(1) of this section
beyond the date that is six months after
the date of the certification.
(6) A lender may accept, as an
alternative to the certification of
employer contacts required under
paragraph (hX1)(i) of this section,
comparable documentation the
borrower has used to meet the
requirements of the Unemployment
Insurance Service, provided It shows
the same number of contacts and
contains the same information the
borrower would be required to provide
under the Department's regulations.
(i) Militarydeferment. (1) To qualify
for a military deferment, a borrower
shall provide the lender with(i) A written statement from the
borrower's commanding or personnel
certifyingofficer
the b~orrower iis on active
(A) Thht
duty in the Armed Forces of the United
States;
(B) The date on which the borrower's
service began; and
(C) The date on which the borrower's
service is expected to end; or
(ii)(A) A copy of the borrower's
official military orders; and
(B) A copy of the borrower's military
identification.
(2) For the purpose of this section, the
Armed Forces means the Army, Navy.
Air Force, Marine Corps, and the Coast
Guard.
(3) A boirower enlisted in a reserve
component of the Armed Forces may
qualify for a military deferment only for
service on a full-time basis that is
expected to last for a period of at least
one year in length, as evidenced by
official military orders, unless an order
for national mobilization of reservists is
issued.
(4) A borrower enlisted in the
National Guard qualifies for a military
deferment only while the borrower is on
active duty status as a member of the
U.S. Army or Air Force Rserves, and
meets the requirements of paragraph
(i)(3) of this section.
(j) Public Health Service deferment.
To qualify for a Public Health Service
deferment, the borrower shall provide
the lender with a statement from an
authorized official of the United States
Public Health Service (USPHS)
certifying(1) That the borrower is engaged in
full-time service as an officer in the
Commissioned Corps of the USPHS;
(2) The date on wich the borrower's
service began; and
(3) The date on which the borrower's
service is expected to end.
(k) Peace Corps deferment. To qualify
for a deferment for service under the

Federal Register / Vol. 57, No. 244 / Friday, December 18, 1992 / Rules and Regulations
of the organization with which the
borrower is undertaking the internship
or residency program certifying(i) That the internship or residency
program is a supervised training
program that requires the borrower to
hold at least a baccalaureate degree
prior to acceptance into the program;
(ii) That, except for a borrower that
provides the statement from a State
official described in paragraph (n)(2) of
this section, the internship or residency
program leads to a degree or certificate
awarded by an institution of higher
education, a hospital, or a health care
facility that offers postgraduate training;
(iii) That the borrower has been
accepted into the internship or
residency program; and
(iv) The anticipated dates on which
the borrower will begin and complete
the internship or residency program, or,
*in the case of a borrower providing the
statement described.in paragraph (n)(2)
of this section, the anticipated date on
To qualify for a deferment as a full-time
which the borrower will begin and
paid volunteer for a tax-exempt
complete the minimum period of
organization, a borrower shall provide
participation in the internship program
the lender with a statement from an
that the State requires be completed
authorized official of the volunteer
before an individual may be certified for
program certifyingprofessional practice or service.
(1) That the borrower(2) For a borrower who does not
(i) Serves in an organization that has
provide a statement certifying to the
obtained an exemption from taxation
matters set forth in paragraph (n)(1)(ii)
under section 501(c)(3) of the Internal
of this section to qualify for an
Revenue Code of 1986;
internship deferment under paragraph
(ii) Provides service to low-income
persons and their communities to assist (b)(2)(v) of this section, the borrower
shall provide the lender with a
them in eliminating poverty and
statement from an official of the
poverty-related human, social, and
appropriate State licensing agency
environmental conditions;
certifying that the internship or
(iii) Does not receive compensation
residency program, or a portion thereof,
that exceeds the rate prescribed under
is required to be completed before the
section 6 of the Fair Labor Standards
borrower may be certified for
Act of 1938 (the Federal minimum
professional practice or service.
wage), except that the tax-exempt
(o) Parental-leavedeferment. (1) To .
organization may provide health,
qualify
for the parental-leave deferment
retirement, and other fringe benefits to
described in paragraph (b)(3) of this
the volunteer that are substantially
section, the borrower shall provide the
equivalent to the benefits offered to
lender withother employees of the organization;
(i) A statement from an authorized
(iv) Does not, as part of his or her
official of a participating school
duties, give religious instruction,
certifying that the borrower was
conduct worship services, engage in
enrolled on at least a half-time basis
religious proselytizing, or engage in
during the six months preceding the
fund-raising to support religious
beginning of the deferment period;
activities; and
(ii) A statement from the borrower
(v) Has agreed to serve on a full-time
certifying that the borrower--basis for a term of at least one year;
(A) Is pregnant, caring for his or her
(2) The date on which the borrower's
newborn child, or caring for a child
service began; and
immediately following the placement of
(3) The date on which the borrower's
the child with the borrower in
service is expected to end.
(n) Internshipor residency deferment. connection with an adoption;
(B) Is not, and will not be, attending
(1) To qualify for an internship or
residency deferment under paragraphs
school during the deferment period- and
(b)(2)(v) or (b)(5)(iii) of this section, the
(C)Is not, and will not be, engaged in
borrower shall provide the lender with
full-time employment during the
a statement from an authorized official
deferment period; and

Peace Corps Act, the borrower shall
provide the lender with a statement
from an authorized official of the Peace
Corps certifying(1) That the borrower has agreed to
serve for a term of at least one year;
(2) The date on which the borrower's
service began; and
(3) The date on which the borrower's
service is expected to end.
(I) Full-time volunteer service in the
ACTION programs.To qualify for a
deferment as a full-time paid volunteer
in an ACTION program, the borrower
shall provide the lender with a
statement from an authorized official of
the program certifying(1) That the borrower has agreed to
serve for a term of at least -one year;
(2) The date on which the borrower's
service began; and
(3) The date on which the borrower's
service is expected to end.
(in) Defermentfor full-time volunteer
service for a tax-exempt organization.

-

60339

(iii) A physician's statement
demonstrating the existence of the
pregnancy, a birth certificate, or a
statement from the adoption agency
official evidencing a pro-adoption
placement.
(2) For purposes of paragraph
(o)(1)(ii)(C) of this section, full-time
employment involves at least 30 hours
of work per week and is expected to last
at least three months.
(p) NOAA deferment. To qualify for a
National Oceanic and Atmospheric
Administration (NOAA) deferment, the
borrower shall provide the lender with
a statement from an authorized official
of the NOAA corps, certifying(1) That the borrower is on active duty
service in the NOAA corps;
(2) The date on which the borrower's
service began; and
(3) The date on which the borrower's
service is expected to end.
(q) Targeted teacherdeferment. (1) To
qualify for a targeted teacher deferment
under paragraph (b)(5)(ii) of this section,
the borrower, for each school year of
service for which a deferment is
requested, must provide to the lender(i) A statement by the chief
administrative officer of the public or
nonprofit private elementary or
secondary school in which the borrower
is teaching, certifying that the borrower
is employed as a full-time teacher; and
(ii) A certification that he or she is
teaching in a teacher shortage area
designated by the Secretary as provided
in paragraphs (q) (5) through (7) of this
section, as described in paragraph (q)(2)
of this section.
(2) In order to satisfy the requirement
for certification that a borrower is
teaching in a teacher shortage area
designated by the Secretary, a borrower
must do one of the following:
(i) If the borrower is teaching in a
State in which the Chief State School
Officer has complied with paragraph
(q)(3) of this section and provides an
annual listing of designated teacher
shortage areas to the State's chief
administrative officers whose schools
are affected by the Secretary's
designations, the borrower may obtain a
certification that he or she is teaching in
a teacher shortage area from his or her
school's chief administrative officer.
(ii) If a borrower is teaching in a State
in which the Chief State School Officer
has not complied with paragraph (q)(3)
of this section or does not provide an
annual listing of designated teacher
shortage areas to the State's chief
administrative officers whose schools
are affected by the Secretary's
designations, the borrower must obtain
certification that he or she is teaching in
a teacher shortage area from the Chief

60340

Federal Register / Vol. 57, No. 244 / Friday, December 18, 1992 / Rules and Regulations

State School Officer for the State in
which the borrower is teaching.
(3) In the case of a State in which
borrowers wish to obtain certifications
as provided for in paragraph (q)(2)(i) of
this section, the State's Chief State
School Officer must first have notified
the Secretary, by means of a one-time
written assurance, that he or she
provides annually to the State's chief
administrative officers whose schools
are affected by the Secretary's
designations and the guaranty agency
for that State, a listing of the teacher
shortage areas designated by the
Secretary as proided for in paragraphs
(q) (5) through (7) of this section.
(4) If a borrower who receives a
deferment continues to teach in the
same teacher shortage area as that in
which he or she was teaching when the
deferment was originally granted, the
borrower shall, at the borrower's
request, continue to receive the
deferment for those subsequent years.
up to the three-year maximum
deferment period, even if his or her
position does not continue to be within
an area designated by the Secretary as
a teacher shortage area in those
subsequent years. To continue to receive
the deferment in a subsequent year
under this paragraph, the borrower shall
provide the lender with a statement by
the chief administrative officer of the
public or nonprofit private elementary
or secondary school that employs the
borrower, certifying that the borrower
continues to be employed as a full-time
teacher in the same teacher shortage
area for which the deferment was
received for the previous year.
(5) For purposes of this section a
teacher shortage area is-(i)(A) A geographic region of theState
in which there is a shortage of
elementary or secondary school
teachers; or
(B) A specific grade level or academic,
instructional, subject-matter, or
discipline classification in which there
is a statewide shortage of elementary or
secondary school teachers; and
(ii) Designated by the Secretary under
paragraphs (q)(6) or (qX7) of this
section.
(6)(i) In order for the Secretary to
designate one or more teacher shortage
areas in a State for a school year, the
Chief State School Officer shall by
January Iof the calendar year in which
the school year begins, and in
accordance with objective written
standards, propose teacher shortage
areas to the Secretary for designation.
With respect to private nonprofit
schools included in the
recommendation, the Chief State School
Officer shall consult with appropriate

officials of the private nonprofit schools
in the State prior to submitting the
recommendation.
(ii) In identifying teacher shortage
areas to propose for designation under
paragraph (q)(6)(i) of this section, the
Chief State School Officer shall consider
data from the school year in which the
recommendation is to be made, unless
that data is not yet available, in which
case he or she may use data from the
immediately preceding school year.
with respect to(A) Teaching positions that are
unfilled;
(B)Teaching positions that are filled
by teachers who are certified by
irregular, provisional, temporary, or
emergency certification; and
(C) Teaching positions that are filled
by teachers who are certified, but who
are teaching in academic subject areas
other than their area of preparation.
(iii) If the total number of
unduplicated full-time equivalent (FTE)
elementary or secondary teaching
positions identified under paragraph
(q)(6)(ii) of this section in the shortage
areas proposed by the State for
designation does not exceed 5 percent of
the total number of FTE elementary and
secondary teaching positions in the
State, the Secretary designates those
areas as teacher shortage areas.
(iv) If the total number of
unduplicated FTE elementary and
secondary teaching positions identified
under paragraph (q)(6)(ii) of this section
in the shortage areas proposed by the
State for designation exceeds 5 percent
of the total number of elementary and
secondary FTE teaching positions in the
State, the Chief State School Officer
shall submit, with the list of proposed
areas, supporting documentation
showing the methods used for
identifying shortage areas, and an
explanation of the reasons why the
Secretary should nevertheless designate
all of the proposed areas as teacher
shortage areas. The explanation must'
include a ranking of the proposed
shortage areas according to priority, to
assist the Secretary in determining
which areas should be designated. The
Secretary, after considering the
explanation, determines which shortage
areas to designate as teacher shortage
areas.
(7) A Chief State School Officer may
submit to the Secretary for approval an
alternative written procedure to the one
described in paragraph (q)(6) of this
section, for the Chief State School
Officer to use to select the teacher
shortage areas recommended to the
Secretary for designation, and for the
Secretary to use to choose the areas to
be designated. If the Secretary approves

the proposed alternative procedure, in
writing, that procedure, once approved.
may be used instead of the procedure
described in paragraph (q)(6) of this
section for designation of teacher
shortage areas in that State.
(8) For purposes of paragraphs (q)(1)
through (7) of this section(i) The definition of the term school
in § 682.200(b) does not apply;
(ii) Elementaryschool means a day or
residential school that provides
elementary education, as determined
under State law;
(iii) Secondaryschool means a day or
residential school that provides
secondary education, as determined
under State law. In the absence of
applicable State law. the Secretary may
determine, with respect to that State,
whether the term "secondary school"
includes education beyond the twelfth
grade;
(iv) Teacher means a professional
who provides direct and personal
services to students for their educational
development through classroom
teaching;
(v) Chief State School Officer means
the highest ranking educational official
for elementary and secondary education
for the State;
(vi) School year means the period
from July 1 of a calendar year through
June 30 of the following calendar year;
(vii) Teacher shortagearea means an
area of specific grade, subject matter, or
discipline classification, or a geographic
area in which the Secretary determines
that there is an inadequate supply of
elementary or secondary school
teachers; and
(viii)Full-time equivalent means the
standard used by a State in defining
full-time employment, but not less than
30 hours per week. For purposes of
counting full-time equivalent teacher
positions, a teacher working part of his
or her total hours in a position that is
designated as a teacher shortage area is
counted on a pro ratabasis
correspondingto the percentage of his
or her working hours spent in such a
position.
(r) Working-mother deferment. (1) To
qualify for the working-mother
deferment described in paragraph
(b)(5)(iv) of this.section, the borrower
shall provide the lender with a
statement certifying that she-(i) Is the mother of a preschool-age
child;
ii) Entered or reentered the workforce
not more than one year before the
beginning date of the period for which
the deferment is being sought;
(ii) Is currently engaged in full-time
employment; and