34 C.F.R. § 668.406

Determination of the D/E rates and earnings premium measure

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(a) For each award year for which the Secretary calculates D/E rates and the earnings premium measure for a program, the Secretary issues a notice of determination.

(b) The notice of determination informs the institution of the following:

(1) The D/E rates for each program as determined under § 668.403.

(2) The earnings premium measure for each program as determined under § 668.404.

(3) The determination by the Secretary of whether each program is passing or failing, as described in § 668.402, and the consequences of that determination.

(4) Whether the student acknowledgment is required under § 668.407.

(5) For GE programs, whether the institution is required to provide the student warning under § 668.605.

(6) For GE programs, whether the program could become ineligible under subpart S of this part based on its final D/E rates or earnings premium measure for the next award year for which D/E rates or the earnings premium measure are calculated for the program.

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Am. Ass'n of Cosmetology Schs. v. Devos, 258 F. Supp. 3d 50 (D.D.C. 2017).

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Am. Ass'n of Cosmetology Schs. v. Devos, 258 F. Supp. 3d 50 (D.D.C. 2017). · cites it 6× “34 C.F.R. §§ 668.406 (a), 668.409(a)(5). This allows the school to argue that more accurate data exists from which its graduates’ average level of earnings can be calculated.”

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