[S-SARA] COVID-19 Guidance and Updates

[Elisa Jaden]

National Policy Update
Courtesy of SHEEO and NASFAA

US ED Extends End Dates for COVID-19-Related Waivers and Issues New Flexibilities

On Friday, December 11, 2020, the Department of Education (ED) issued a Federal Register (FR) notice<https://www.federalregister.gov/documents/2020/12/11/2020-27042/federal-student-aid-programs-student-assistance-general-provisions-federal-perkins-loan-program> extending the end dates of COVID-19-related waivers and modifications, and also introduced several new flexibilities using its authority granted by the Higher Education Relief Opportunities for Students  (HEROES<https://www.congress.gov/bill/108th-congress/house-bill/1412>) Act of 2003. Visit the NASFAA (National Association of Student Financial Aid Administrators) website for the full press release<https://www.nasfaa.org/news-item/24185/ED_Extends_End_Dates_for_COVID-19-Related_Waivers_Issues_New_Flexibilities> and details.


WCET SAN Policy Update
Courtesy of Cheryl Dowd

A Note to States and Institutions Regarding the US ED COVID-19-Related Waivers

How does the U.S. Department of Education's newly released update to its COVID-19 Guidance affect states and institutions?  The December 11, 2020 guidance indicates that the waivers and modifications in this updated document expire as noted within each of the provisions, except those that are extended by the Secretary in the document published in the Federal Register. Specific to state authorization-related work, you will find a continuation of the waiver we have discussed since March 5, 2020.

Effective Dates:
>From March 5, 2020 through the date that the federally declared national emergency related to COVID-19 is rescinded.

Relevant Regulation:
34 CFR 600.9(c) State Authorization of Distance Education is waived for purposes of participation in Title IV HEA programs.  However, the announcement indicates, as we have discussed for months, that the waiver ONLY applies to the Department of Education requirements.  The institutions must continue to comply with applicable state requirements.

Implications:
Institutions are still required to be in compliance with the states even though the federal regulation is temporarily waived for purposes of Title IV. Therefore, for institutions that do not participate in SARA to obtain state authorization, they must seek individual state approval for their institutions in each state where their students are located in order to meet state compliance.

Institutions should review this updated guidance that extends waivers and flexibilities noting some variance in effective dates. The affected regulations are listed below:


  *   34 CFR 600
  *   34 CFR 602
  *   34 CFR 668
  *   34 CFR 673
  *   34 CFR 674
  *   34 CFR 682
  *   34 CFR 685


SARA
Southern Regional Education Board
(404) 879-5517
SARA at sreb.org<mailto:SARA at sreb.org>


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