Last Day of Attendance
Another key issue dealing with student financial aid is "last day of attendance". WCET Links to an external site. has been at the forefront in discussions with the US Department of Education on this issue. Take a look at the following articles listed by WCET in the document: Financial Aid and Distance Education; Calculating 'Last Day of Attendance' for Student Financial Aid. Links to an external site. The issue is described in the beginning of this article as:
the “last day of attendance” is to determine the amount of aid a student is eligible to receive when that student withdraws or leaves a program without officially notifying the institution.
The following excerpt is from the Federal Register /Vol. 75, No. 209 / Friday, October 29, 2010 /Rules and Regulations pages 66898-66900:
Similarly, a commenter asked whether a student would be considered in attendance if he or she participated in an academically-related activity but was not physically present, such as working with an instructor by phone or e-mail. A few commenters requested clarification and guidance about what the Department believes constitutes attendance in a distance education context and how an institution should document that attendance. One commenter requested that the Department ensure that the evidence required of last day of attendance in online programs for the purpose of a Return of Title IV Funds calculation be substantially comparable to that required of traditional, face-to-face programs. The same commenter was also concerned that the Department would be requiring documentation beyond that required in the past without providing sufficient time for institutions to implement this change.
Discussion: In accordance with § 668.22(b)(2) and (c)(4), an institution must document a student’s withdrawal date and maintain that documentation as of the date of the institution’s determination that the student withdrew. As noted in the Federal Student Aid Handbook (FSA Handbook), the determination of a student’s withdrawal date is the responsibility of the institution; a student’s certification of attendance that is not supported by institutional documentation would not be acceptable documentation of the student’s last date of attendance at an academically-related activity. As with other title IV, HEA program records, documentation of attendance must be retained and be available for examination in accordance with the provisions of § 668.24. If an institution is required to take attendance or is an institution that is not required to take attendance, but is using a last date of attendance at an academically-related activity as a withdrawal date, it is up to the institution to ensure that accurate records are kept for purposes of identifying a student’s last date of academic attendance or last date of attendance at an academically-related activity. An institution must also determine and maintain the records that most accurately support its determination of a student’s withdrawal date and the institution’s use of one withdrawal date over another if the institution has conflicting information.
To count as attendance for title IV, HEA program purposes, attendance must be ‘‘academic attendance’’ or ‘‘attendance at an academically-related activity.’’ We have defined those terms in new § 668.22(l)(7) by providing examples of academically-related activities that institutions that are not required to take attendance may use in determining a student’s last date of attendance at an academically-related activity. Certainly, traditional academic attendance is acceptable, i.e., a student’s physical attendance in a class where there is an opportunity for direct interaction between the instructor and students. Additionally, academically-related activities may include an exam, a tutorial, computer-assisted instruction, academic counseling, academic advising, turning in a class assignment, or attending a study group that is assigned by the institution. The guidance on this policy in the FSA Handbook, specifying that living in institutional housing and participating in the institution’s meal plan are examples of activities that are not academically-related. The Department finds it acceptable for an institution that is required to take attendance to use the institution’s records of attendance at the activities listed in § 668.22(l)(7) as evidence of attendance, provided there is no conflict with the requirements of the outside entity that requires the institution to take attendance or, if applicable, the institution’s own requirements.
However, in these final regulations, we are revising the list of acceptable activities because the Secretary no longer considers participation in academic counseling or advising to be an activity that demonstrates academic attendance or attendance at an academically-related activity. The Secretary has encountered several instances of abuse of this particular provision by institutions that contact students who have ceased attendance, and treated that contact as ‘‘academic counseling’’ to facilitate a later withdrawal date, resulting in an inflated amount of ‘‘earned’’ title IV, HEA program funds. The Secretary does not view such contact as evidence of academic attendance, but notes that if the student resumed attendance and completed the period of enrollment no return calculation would be needed. Even if the student resumed attendance and later stopped attending, the student’s participation in other activities that are already included on the list of academic activities could be used to establish a later withdrawal date. Thus, participation in academic counseling or advising without subsequent participation in other academic or academically-related activities is no longer an acceptable example of participation in an academically related activity.
With respect to what constitutes attendance in a distance education context, the Department does not believe that documenting that a student has logged into an online class is sufficient by itself to demonstrate academic attendance by the student because a student logging in with no participation thereafter may indicate that the student is not even present at the computer past that point. Further, there is also a potential that someone other than the student may have logged into a class using the student’s information to create the appearance the student was on-line. Instead, an institution must demonstrate that a student participated in class or was otherwise engaged in an academically-related activity, such as by contributing to an online discussion or initiating contact with a faculty member to ask a course-related question. This position is consistent with the current guidance the Department has provided to individual institutions regarding the applicability of the regulations to online programs.
When assessing an institution’s compliance with any program requirement, the Department looks at information provided by the institution in support of the compliance of its policies and procedures.
Changes: We have removed the reference to academic counseling and advising in current § 668.22(c)(3)(ii) and have added to the regulations a combined definition of academic attendance and attendance at an academically-related activity in § 668.22(l)(7) to clarify that both institutions required to take attendance and those that are not required to take attendance may use institutionally documented attendance at certain activities as a student’s withdrawal date. We have also redesignated current § 668.22(c)(3)(i) as § 668.22(c)(3) to reflect the removal of § 668.22(c)(3)(ii).
We have added to the definition at § 668.22(l)(7) both existing guidance from the FSA Handbook and examples of academic attendance for online programs. For additional clarity, we have specified that physically attending a class where there is an opportunity for direct interaction between the instructor and students is considered academic attendance and have specified that participating in academic counseling or advising is not considered academic attendance. [emphasis added]
Discussion: In accordance with § 668.22(b)(2) and (c)(4), an institution must document a student’s withdrawal date and maintain that documentation as of the date of the institution’s determination that the student withdrew. As noted in the Federal Student Aid Handbook (FSA Handbook), the determination of a student’s withdrawal date is the responsibility of the institution; a student’s certification of attendance that is not supported by institutional documentation would not be acceptable documentation of the student’s last date of attendance at an academically-related activity. As with other title IV, HEA program records, documentation of attendance must be retained and be available for examination in accordance with the provisions of § 668.24. If an institution is required to take attendance or is an institution that is not required to take attendance, but is using a last date of attendance at an academically-related activity as a withdrawal date, it is up to the institution to ensure that accurate records are kept for purposes of identifying a student’s last date of academic attendance or last date of attendance at an academically-related activity. An institution must also determine and maintain the records that most accurately support its determination of a student’s withdrawal date and the institution’s use of one withdrawal date over another if the institution has conflicting information.
To count as attendance for title IV, HEA program purposes, attendance must be ‘‘academic attendance’’ or ‘‘attendance at an academically-related activity.’’ We have defined those terms in new § 668.22(l)(7) by providing examples of academically-related activities that institutions that are not required to take attendance may use in determining a student’s last date of attendance at an academically-related activity. Certainly, traditional academic attendance is acceptable, i.e., a student’s physical attendance in a class where there is an opportunity for direct interaction between the instructor and students. Additionally, academically-related activities may include an exam, a tutorial, computer-assisted instruction, academic counseling, academic advising, turning in a class assignment, or attending a study group that is assigned by the institution. The guidance on this policy in the FSA Handbook, specifying that living in institutional housing and participating in the institution’s meal plan are examples of activities that are not academically-related. The Department finds it acceptable for an institution that is required to take attendance to use the institution’s records of attendance at the activities listed in § 668.22(l)(7) as evidence of attendance, provided there is no conflict with the requirements of the outside entity that requires the institution to take attendance or, if applicable, the institution’s own requirements.
However, in these final regulations, we are revising the list of acceptable activities because the Secretary no longer considers participation in academic counseling or advising to be an activity that demonstrates academic attendance or attendance at an academically-related activity. The Secretary has encountered several instances of abuse of this particular provision by institutions that contact students who have ceased attendance, and treated that contact as ‘‘academic counseling’’ to facilitate a later withdrawal date, resulting in an inflated amount of ‘‘earned’’ title IV, HEA program funds. The Secretary does not view such contact as evidence of academic attendance, but notes that if the student resumed attendance and completed the period of enrollment no return calculation would be needed. Even if the student resumed attendance and later stopped attending, the student’s participation in other activities that are already included on the list of academic activities could be used to establish a later withdrawal date. Thus, participation in academic counseling or advising without subsequent participation in other academic or academically-related activities is no longer an acceptable example of participation in an academically related activity.
With respect to what constitutes attendance in a distance education context, the Department does not believe that documenting that a student has logged into an online class is sufficient by itself to demonstrate academic attendance by the student because a student logging in with no participation thereafter may indicate that the student is not even present at the computer past that point. Further, there is also a potential that someone other than the student may have logged into a class using the student’s information to create the appearance the student was on-line. Instead, an institution must demonstrate that a student participated in class or was otherwise engaged in an academically-related activity, such as by contributing to an online discussion or initiating contact with a faculty member to ask a course-related question. This position is consistent with the current guidance the Department has provided to individual institutions regarding the applicability of the regulations to online programs.
When assessing an institution’s compliance with any program requirement, the Department looks at information provided by the institution in support of the compliance of its policies and procedures.
Changes: We have removed the reference to academic counseling and advising in current § 668.22(c)(3)(ii) and have added to the regulations a combined definition of academic attendance and attendance at an academically-related activity in § 668.22(l)(7) to clarify that both institutions required to take attendance and those that are not required to take attendance may use institutionally documented attendance at certain activities as a student’s withdrawal date. We have also redesignated current § 668.22(c)(3)(i) as § 668.22(c)(3) to reflect the removal of § 668.22(c)(3)(ii).
We have added to the definition at § 668.22(l)(7) both existing guidance from the FSA Handbook and examples of academic attendance for online programs. For additional clarity, we have specified that physically attending a class where there is an opportunity for direct interaction between the instructor and students is considered academic attendance and have specified that participating in academic counseling or advising is not considered academic attendance. [emphasis added]
Based on the changes outlined above, merely logging into an online course does NOT constitute attendance. A student must be actively engaged in an activity to be considered in attendance in an online course. You, as an instructor, must be vigilant of student activities in your online course or the college could be liable for refunding student financial aid.