[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: 34CFR685.203]



[Page 823-828]

 

                           TITLE 34--EDUCATION

 

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

 

PART 685_WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM--Table of Contents

 

                      Subpart B_Borrower Provisions

 

Sec. 685.203  Loan limits.



    (a) Direct Subsidized Loans. (1) In the case of an undergraduate 

student who has not successfully completed the first year of a program 

of undergraduate education, the total amount the student may borrow for 

any academic year of study under the Federal Direct Stafford/Ford Loan 

Program in combination with the Federal Stafford Loan Program may not 

exceed the following:

    (i) $2,625 for a program of study of at least a full academic year 

in length.

    (ii) For a one-year program of study with less than a full academic 

year remaining, the amount that is the same ratio to $2,625 as the--

[GRAPHIC] [TIFF OMITTED] TR01NO99.000



    (iii) For a program of study that is less than a full academic year 

in length, the amount that is the same ratio to $2,625 as the lesser of 

the--



[[Page 824]]



[GRAPHIC] [TIFF OMITTED] TR01NO99.001



    (2) In the case of an undergraduate student who has successfully 

completed the first year of an undergraduate program but has not 

successfully completed the second year of an undergraduate program, the 

total amount the student may borrow for any academic year of study under 

the Federal Direct Stafford/Ford Loan Program in combination with the 

Federal Stafford Loan Program may not exceed the following:

    (i) $3,500 for a program of study of at least a full academic year 

in length.

    (ii) For a program of study with less than a full academic year 

remaining, an amount that is the same ratio to $3,500 as the--

[GRAPHIC] [TIFF OMITTED] TR01NO99.002



    (3) In the case of an undergraduate student who has successfully 

completed the first and second years of a program of study of 

undergraduate education but has not successfully completed the remainder 

of the program, the total amount the student may borrow for any academic 

year of study under the Federal Direct Stafford/Ford Loan Program in 

combination with the Federal Stafford Loan Program may not exceed the 

following:

    (i) $5,500 for a program of study of at least an academic year in 

length.

    (ii) For a program of study with less than a full academic year 

remaining, an amount that is the same ratio to $5,500 as the--

[GRAPHIC] [TIFF OMITTED] TR01NO99.003



    (4) In the case of a student who has an associate or baccalaureate 

degree which is required for admission into a program and who is not a 

graduate or professional student, the total amount the student may 

borrow for any academic year of study may not exceed the amounts in 

paragraph (a)(3) of this section.

    (5) In the case of a graduate or professional student, the total 

amount the student may borrow for any academic year of study under the 

Federal Direct Stafford/Ford Loan Program in combination with the 

Federal Stafford Loan Program may not exceed $8,500.

    (6) In the case of a student enrolled for no longer than one 

consecutive 12-month period in a course of study necessary for 

enrollment in a program leading to a degree or a certificate, the total 

amount the student may borrow for any academic year of study under the 

Federal Direct Stafford/Ford Loan Program in combination with the 

Federal Stafford Loan Program may not exceed the following:



[[Page 825]]



    (i) $2,625 for coursework necessary for enrollment in an 

undergraduate degree or certificate program.

    (ii) $5,500 for coursework necessary for enrollment in a graduate or 

professional degree or certification program for a student who has 

obtained a baccalaureate degree.

    (7) In the case of a student who has obtained a baccalaureate degree 

and is enrolled or accepted for enrollment in coursework 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, the total amount the student may borrow for any academic year of 

study under the Federal Direct Stafford/Ford Loan Program in combination 

with the Federal Stafford Loan Program may not exceed $5,500.

    (8) Except as provided in paragraph (a)(4) of this section, an 

undergraduate student who is enrolled in a program that is one academic 

year or less in length may not borrow an amount for any academic year of 

study that exceeds the amounts in paragraph (a)(1) of this section.

    (9) Except as provided in paragraph (a)(4) of this section--

    (i) An undergraduate student who is enrolled in a program that is 

more than one academic year in length and who has not successfully 

completed the first year of that program may not borrow an amount for 

any academic year of study that exceeds the amounts in paragraph (a)(1) 

of this section.

    (ii) An undergraduate student who is enrolled in a program that is 

more than one academic year in length and who has successfully completed 

the first year of that program, but has not successfully completed the 

second year of the program, may not borrow an amount for any academic 

year of study that exceeds the amounts in paragraph (a)(2) of this 

section.

    (b) Direct Unsubsidized Loans. The total amount a student may borrow 

under any period of study for the Federal Direct Unsubsidized Loan 

Program and the Federal Unsubsidized Stafford Loan Program is the same 

as the amount determined under paragraph (a) of this section, less any 

amount received under the Federal Direct Stafford/Ford Loan Program or 

the Federal Stafford Loan Program.

    (c) Additional eligibility for Direct Unsubsidized Loans. (1)(i) An 

independent undergraduate student, graduate or professional student, and 

certain dependent undergraduate students may borrow amounts under the 

Federal Direct Unsubsidized Loan Program in addition to any amount 

borrowed under paragraph (b) of this section.

    (ii) In order for a dependent undergraduate student to receive this 

additional loan amount, the financial aid administrator must determine 

that the student's parent likely will be precluded by exceptional 

circumstances from borrowing under the Federal Direct PLUS Program or 

the Federal PLUS Program and the student's family is otherwise unable to 

provide the student's expected family contribution. The financial aid 

administrator shall base the determination on a review of the family 

financial information provided by the student and consideration of the 

student's debt burden and shall document the determination in the 

school's file.

    (iii) ``Exceptional circumstances'' under paragraph (c)(1)(ii) of 

this section include but are not limited to circumstances in which the 

student's parent receives only public assistance or disability benefits, 

the parent is incarcerated, the parent has an adverse credit history, or 

the parent's whereabouts are unknown. A parent's refusal to borrow a 

Federal PLUS Loan or Direct PLUS Loan does not constitute ``exceptional 

circumstances.''

    (2) The additional amount that a student described in paragraph 

(c)(1)(i) of this section may borrow under the Federal Direct 

Unsubsidized Stafford/Ford Loan Program and the Federal Unsubsidized 

Stafford Loan Program for any academic year of study may not exceed the 

following:

    (i) In the case of a student who has not successfully completed the 

first year of a program of undergraduate education--

    (A) $4,000 for a program of study of at least a full academic year 

in length.

    (B) For a program of study with less than a full academic year 

remaining, an amount that is the same ratio to $4,000 as the--



[[Page 826]]



[GRAPHIC] [TIFF OMITTED] TR01NO99.004



    (C) For a one-year program of study with less than a full academic 

year remaining, the amount that is the same ratio to $4,000 as the--

[GRAPHIC] [TIFF OMITTED] TR01NO99.005



    (D) For a program of study that is less than a full academic year in 

length, an amount that is the same ratio to $4,000 as the lesser of 

the--

[GRAPHIC] [TIFF OMITTED] TR01NO99.006



    (ii) In the case of a student who has completed the first year of a 

program of undergraduate education but has not successfully completed 

the second year of a program of undergraduate education--

    (A) $4,000 for a program of study of at least a full academic year 

in length.

    (B) For a program of study with less than a full academic year 

remaining, an amount that is the same ratio to $4,000 as the--

[GRAPHIC] [TIFF OMITTED] TR01NO99.007



    (iii) In the case of a student who has successfully completed the 

second year of a program of undergraduate education but has not 

completed the remainder of the program of study--

    (A) $5,000 for a program of study of at least a full academic year 

in length.

    (B) For a program of study with less than a full academic year 

remaining, an amount that is the same ratio to $5,000 as the--

[GRAPHIC] [TIFF OMITTED] TR01NO99.008



    (iv) In the case of a student who has an associate or baccalaureate 

degree which is required for admission into a program and who is not a 

graduate or



[[Page 827]]



professional student, the total amount the student may borrow for any 

academic year of study may not exceed the amounts in paragraph 

(c)(2)(iii) of this section.

    (v) In the case of a graduate or professional student, $10,000.

    (vi) In the case of a student enrolled for no longer than one 

consecutive 12-month period in a course of study necessary for 

enrollment in a program leading to a degree or a certificate--

    (A) $4,000 for coursework necessary for enrollment in an 

undergraduate degree or certificate program.

    (B) $5,000 for coursework necessary for enrollment in a graduate or 

professional degree or certification program for a student who has 

obtained a baccalaureate degree.

    (vii) In the case of a student who has obtained a baccalaureate 

degree and is enrolled or accepted for enrollment in coursework 

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, $5,000.

    (viii) Except as provided in paragraph (c)(2)(iv) of this section, 

an undergraduate student who is enrolled in a program that is one 

academic year or less in length may not borrow an amount for any 

academic year of study that exceeds the amounts in paragraph (c)(2)(i) 

of this section.

    (ix) Except as provided in paragraph (c)(2)(iv) of this section--

    (A) An undergraduate student who is enrolled in a program that is 

more than one academic year in length and who has not successfully 

completed the first year of that program may not borrow an amount for 

any academic year of study that exceeds the amounts in paragraph 

(c)(2)(i) of this section.

    (B) An undergraduate student who is enrolled in a program that is 

more than one academic year in length and who has successfully completed 

the first year of that program, but has not successfully completed the 

second year of the program, may not borrow an amount for any academic 

year of study that exceeds the amounts in paragraph (c)(2)(ii) of this 

section.

    (d) Federal Direct Stafford/Ford Loan Program and Federal Stafford 

Loan Program aggregate limits. The aggregate unpaid principal amount of 

all Direct Subsidized Loans and Federal Stafford Loans made to a student 

but excluding the amount of capitalized interest may not exceed the 

following:

    (1) $23,000 in the case of any student who has not successfully 

completed a program of study at the undergraduate level.

    (2) $65,500 in the case of a graduate or professional student, 

including loans for undergraduate study.

    (e) Aggregate limits for unsubsidized loans. The total amount of 

Direct Unsubsidized Loans, Federal Unsubsidized Stafford Loans, and 

Federal SLS Loans but excluding the amount of capitalized interest may 

not exceed the following:

    (1) For a dependent undergraduate student, $23,000 minus any Direct 

Subsidized Loan and Federal Stafford Loan amounts, unless the student 

qualifies under paragraph (c) of this section for additional eligibility 

or qualified for that additional eligibility under the Federal SLS 

Program.

    (2) For an independent undergraduate or a dependent undergraduate 

who qualifies for additional eligibility under paragraph (c) of this 

section or qualified for this additional eligibility under the Federal 

SLS Program, $46,000 minus any Direct Subsidized Loan and Federal 

Stafford Loan amounts.

    (3) For a graduate or professional student, $138,500 including any 

loans for undergraduate study, minus any Direct Subsidized Loan, Federal 

Stafford Loan, and Federal SLS Program loan amounts.

    (f) Direct PLUS Loans annual limit. The total amount of all Direct 

PLUS Loans that a parent or parents may borrow on behalf of each 

dependent student for any academic year of study may not exceed the cost 

of attendance minus other estimated financial assistance for that 

student.

    (g) Direct PLUS Loans aggregate limit. The total amount of all 

Direct PLUS Loans that a parent or parents may borrow on behalf of each 

dependent student for enrollment in an eligible program of study may not 

exceed the student's cost of attendance minus other estimated financial 

assistance for that student for the entire period of enrollment.



[[Page 828]]



    (h) Loan limit period. The annual loan limits apply to an academic 

year, as defined in 34 CFR 668.3.

    (i) Treatment of Direct Consolidation Loans and Federal 

Consolidation Loans. The percentage of the outstanding balance on Direct 

Consolidation Loans or Federal Consolidation Loans counted against a 

borrower's aggregate loan limits is calculated as follows:

    (1) For Direct Subsidized Loans, the percentage equals the 

percentage of the original amount of the Direct Consolidation Loan or 

Federal Consolidation Loan attributable to the Direct Subsidized and 

Federal Stafford Loans.

    (2) For Direct Unsubsidized Loans, the percentage equals the 

percentage of the original amount of the Direct Consolidation Loan or 

Federal Consolidation Loan attributable to the Direct Unsubsidized, 

Federal SLS, and Federal Unsubsidized Stafford Loans.

    (j) Maximum loan amounts. In no case may a Direct Subsidized, Direct 

Unsubsidized, or Direct PLUS Loan amount exceed the student's estimated 

cost of attendance for the period of enrollment for which the loan is 

intended, less--

    (1) The student's estimated financial assistance for that period; 

and

    (2) In the case of a Direct Subsidized Loan, the borrower's expected 

family contribution for that period.



(Authority: 20 U.S.C. 1087a et seq.)



[59 FR 61690, Dec. 1, 1994, as amended at 64 FR 58966, Nov. 1, 1999; 67 

FR 67081, Nov. 1, 2002; 68 FR 75430, Dec. 31, 2003]