[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR668.32]



[Page 441-442]

 

                           TITLE 34--EDUCATION

 

 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents

 

                      Subpart C_Student Eligibility

 

Sec. 668.32  Student eligibility--general.



    A student is eligible to receive title IV, HEA program assistance if 

the student--

    (a)(1) (i) Is a regular student enrolled, or accepted for 

enrollment, in an eligible program at an eligible institution;

    (ii) For purposes of the FFEL and Direct Loan programs, is enrolled 

for no longer than one twelve-month period in a course of study 

necessary for enrollment in an eligible program; or

    (iii) For purposes of the Federal Perkins Loan, FWS, FFEL, and 

Direct Loan programs, is enrolled or accepted for enrollment as at least 

a half-time student at an eligible institution in a program necessary 

for a professional credential or certification from a State that is 

required for employment as a teacher in an elementary or secondary 

school in that State;

    (2) For purposes of the FFEL and Direct Loan programs, is at least a 

half-time student;

    (b) Is not enrolled in either an elementary or secondary school;

    (c)(1) For purposes of the FSEOG Program, does not have a 

baccalaureate or first professional degree;

    (2) For purposes of the Federal Pell Grant Program--

    (i)(A) Does not have a baccalaureate or first professional degree; 

or

    (B) Is enrolled in a postbaccalaureate teacher certificate or 

licensing program as described in 34 CFR 690.6(c); and

    (ii) Is not incarcerated in a Federal or State penal institution; 

and

    (3) For purposes of the Federal Perkins Loan, FFEL, and Direct Loan 

programs, is not incarcerated;

    (d) Satisfies the citizenship and residency requirements contained 

in Sec. 668.33 and subpart I of this part;

    (e)(1) Has a high school diploma or its recognized equivalent;

    (2) Has obtained a passing score specified by the Secretary on an 

independently administered test in accordance with subpart J of this 

part;

    (3) Is enrolled in an eligible institution that participates in a 

State ``process'' approved by the Secretary under subpart J of this 

part; or

    (4) Was home-schooled, and either--

    (i) Obtained a secondary school completion credential for home 

school (other than a high school diploma or its recognized equivalent) 

provided for under State law; or

    (ii) If State law does not require a home-schooled student to obtain 

the credential described in paragraph (e)(4)(i) of this section, has 

completed a secondary school education in a home school setting that 

qualifies as an exemption from compulsory attendance requirements under 

State law;

    (f) Maintains satisfactory progress in his or her course of study 

according to the institution's published standards of satisfactory 

progress that satisfy the provisions of Sec. 668.16(e), and, if 

applicable, the provisions of Sec. 668.34;

    (g) Except as provided in Sec. 668.35--

    (1) Is not in default, and certifies that he or she is not in 

default, on a loan made under any title IV, HEA loan program;

    (2) Has not obtained loan amounts that exceed annual or aggregate 

loan limits made under any title IV, HEA loan program;

    (3) Does not have property subject to a judgment lien for a debt 

owed to the United States; and

    (4) Is not liable for a grant or Federal Perkins loan overpayment. A 

student receives a grant or Federal Perkins loan overpayment if the 

student received grant or Federal Perkins loan



[[Page 442]]



payments that exceeded the amount he or she was eligible to receive; or 

if the student withdraws, that exceeded the amount he or she was 

entitled to receive for non-institutional charges;

    (h) Files a Statement of Educational Purpose in accordance with the 

instructions of the Secretary;

    (i) Has a correct social security number as determined under Sec. 

668.36, except that this requirement does not apply to students who are 

residents of the Federated States of Micronesia, Republic of the 

Marshall Islands, or the Republic of Palau;

    (j) Satisfies the Selective Service registration requirements 

contained in Sec. 668.37, and, if applicable, satisfies the 

requirements of Sec. 668.38 and Sec. 668.39 involving enrollment in 

telecommunication and correspondence courses and a study abroad program, 

respectively;

    (k) Satisfies the program specific requirements contained in--

    (1) 34 CFR 674.9 for the Federal Perkins Loan program;

    (2) 34 CFR 675.9 for the FWS program;

    (3) 34 CFR 676.9 for the FSEOG program;

    (4) 34 CFR 682.201 for the FFEL programs;

    (5) 34 CFR 685.200 for the William D. Ford Federal Direct Loan 

programs;

    (6) 34 CFR 690.75 for the Federal Pell Grant program; and

    (7) 34 CFR 692.40 for the LEAP program; and

    (l) Is not ineligible under Sec. 668.40.



(Authority: 20 U.S.C. 1091, 28 U.S.C. 3201(e))



[60 FR 61810, Dec. 1, 1995, as amended at 63 FR 40624, July 29, 1998; 64 

FR 57358, Oct. 22, 1999; 64 FR 58291, Oct. 28, 1999; 67 FR 67073, Nov. 

1, 2002]