Section 29-7006. REQUIREMENTS FOR INSTITUTIONAL PARTICIPATION - PROGRAM PARTICIPATION AGREEMENT

 

7006.1This section and §§7007 through 7012 establish the standards and requirements with which an eligible institution shall comply in order to participate in the D.C. Tuition Assistance Grant Program.

 

7006.2A public or private eligible institution may participate in the program only if the institution enters into a written program participation agreement (“PPA”) approved by the Mayor. The PPA shall require the institution to comply with the provisions of this Chapter and any additional conditions specified in the PPA.

 

7006.3The PPA applies to each location of the institution that meets the applicable requirements of this Chapter unless otherwise specified by the Mayor.

 

7006.4By entering into a PPA, the institution agrees that:

 

(a)It shall comply with all statutory provisions of, or applicable to, the D.C. Tuition Assistance Grant Program, all applicable regulatory provisions prescribed under that statutory authority, and all provisions of the PPA;

 

(b)It shall use any funds it receives under the College Access Act and any interest or other earnings thereon, solely for the purpose specified and in accordance with the College Access Act;

 

(c)It shall not request from or charge any student a fee for processing or handling any application, form, or data required to determine a student’s eligibility for, and amount of, program assistance;

 

(d)It shall establish and maintain such administrative and fiscal procedures and records as may be necessary to ensure proper and efficient administration of funds received from the Mayor under the College Access Act, together with assurances that the institution shall provide to the Mayor, upon request and in a timely manner, information relating to the administration of the funds;

 

(e)It shall submit reports to the Mayor at such time and containing such information as the Mayor may reasonably require to carry out the purpose of the College Access Act. Normally, requests for such information and reports shall be limited to no more than once annually;

 

(f)The Mayor, the Secretary, and State agencies that legally authorize institutions to provide postsecondary education, have the authority to share with each other any information pertaining to the institution’s eligibility for or participation in the College Access Act or any information on fraud and abuse;

 

(g)It shall not impose any penalty, including, but not limited to, the assessment of late fees, the denial of access to classes, libraries, or other institutional facilities, or the requirement the student borrow additional funds for which interest or other charges are assessed, on any student because of the student’s inability to meet his or her financial obligations to the institution as a result of the delayed disbursement of the funds under the College Access Act due to statutory and regulatory requirements of or applicable to the College Access Act or delays attributable to the institution;

 

(h)It shall comply with the institution’s tuition refund policy if the student is entitled to a refund and return the funds to the D.C. Tuition Assistance Grant Program;

 

(i)It shall be liable for all funds improperly administered by the institution under the College Access Act, this Chapter or the PPA, including any funds administered by its third-party servicer; and

 

(j)It shall have information about the program, including the application, available in paper or electronic format for interested parties.

 

7006.5The PPA shall:

 

(a)Become effective on the date that the Mayor signs the agreement;

 

(b)Supersede any prior PPA between the Mayor and the institution; and

 

(c)Automatically terminate if the institution is no longer certified as an eligible institution under Title IV of the Higher Education Act of 1965.

 

7006.6The institution may terminate the PPA by providing a written notice of termination to the Mayor. The termination may not become effective until the end of the award year in which the notice is provided to the Mayor.

 

7006.7The Mayor may propose to terminate the PPA for cause by providing a notice of proposed termination to the institution. For the purposes of this subsection, “cause” means the failure of the institution or its third-party servicer to comply with any of the requirements of the College Access Act, this Chapter, and/or the PPA.

 

7006.8The institution may respond in writing to the proposed notice provided under §7006.7 within ten business days after receiving the proposed notice.

 

7006.9After consideration of any written response submitted by the institution, the Mayor shall determine whether to issue a final notice of termination of the PPA and the effective date of the termination. If the Mayor issues a final notice of termination, this determination is final and shall not be subject to further administrative review.

 

7006.10If the institution’s PPA is terminated under either §7006.5(c), 7006.6 or 7006.9, the institution shall:

 

(a)Submit to the Mayor within 45 days after the effective date of the termination of the PPA a letter of engagement for an independent audit of all funds that the institution received under the D.C. Tuition Assistance Grant Program, the report of which shall be submitted to the Mayor within 45 days after the date of the engagement letter;

 

(b)Inform the Mayor of the arrangements that the institution has made for the proper retention and storage for a minimum of three years of all records concerning the administration of the grant program; and

 

(c)Continue to return funds according to the institution’s tuition refund policy.

 

source

Final Rulemaking published at 48 DCR 5013, 5020 (June 1, 2001).