Nonprofit Resources


Department of Education Amends Certain Title IV Regulations

Higher education institutions that participate in Title IV programs should be aware of amendments the U.S. Department of Education (ED) has made to the regulations implementing Title IV of the Higher Education Act of 1965, as amended (HEA).

The amended regulations relate to four areas:

  1. Financial responsibility;
  2. Administrative capability;
  3. Certification procedures; and
  4. Ability To Benefit (ATB)

These amended regulations are effective July 1, 2024, and can be found here.

In the amended regulations, ED notes that:

The financial responsibility regulations at §§ 668.15 668.23, 668.171, and 668.174 through 668.177 will increase our ability to identify high-risk events and require the financial protection we believe is needed to protect students and taxpayers.

We strengthened institutional requirements in the administrative capability regulations at § 668.16 to improve the administration of the title IV, HEA programs and address concerning practices that were previously unregulated.

The certification procedures regulations in §§ 668.13, 668.14, and 668.43 will create a more rigorous process for certifying institutions to participate in the title IV, HEA programs. We expect these regulations to better protect students and taxpayers through the Program Participation Agreement (PPA), our written agreement with institutions.

Finally, we amend the regulations for ATB at §§ 668.156 and 668.157 to clarify the requirements for the State process to determine eligibility for programs serving non-high school graduates and the documentation requirements for eligible career pathway programs.

If your institution participates in Title IV programs, we recommend that you familiarize yourself with these changes to help ensure compliance.

Please contact us with any questions.

Tyler VanderVen

Tyler is a partner at CapinCrouse. He joined the firm in 2006 and has acquired a broad range of experience through serving numerous types of nonprofit organizations. Tyler provides assurance and consulting services to an array of clients in addition to overseeing and guiding audit teams. His expertise includes strategic planning, financial statement preparation, and compliance audits performed in accordance with Government Auditing Standards (Yellow Book) and Uniform Guidance.

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