Criteria Foreign Schools: State and Local

Foreign Schools Eligibility Criteria Apply to Participate in Title IV HEA Programs

State_Affected_Party_Information_1845-0105_v2[1]

Criteria Foreign Schools: State and Local

OMB: 1845-0105

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ICRAS 1469 1845-0105 v2 – Affected Public – State, Local or Tribal Governments 7/18/2013

This request is to extend the information collection for the requirements in the policies and procedures related to the eligibility of foreign schools to apply to participate in Title IV, HEA programs that were added by the Higher Education Opportunity Act of 2008 (HEOA). The HEOA added specific reporting requirements for foreign graduate medical schools in relation to acceptable minimum test scores. These regulations continue the policies to ensure comparability between domestic institutions and foreign institutions regarding academic year definitions for non-degree programs and showing the method used to show that equivalency. And these regulations continue requirements to development and collection of consent forms that students in graduate medical programs will have to complete to allow the schools to request specified test scores from appropriate testing agencies and to then report those scores to their accrediting agency, and the Department as required. Also the regulations continue the additional reporting by graduate medical schools to their accrediting agencies of any material changes to the education programs offered or changes to the oversight bodies or affiliation agreements with hospitals and clinics. Foreign graduate medical schools are also required to publish all of the languages in which instruction is offered.

The information identified below is used by the Department during the initial review for eligibility certification, recertification and annual evaluations. These regulations help to ensure that all foreign institutions participating in the Title IV, HEA programs are meeting the minimum participation standards.

§600.54 – Criteria for determining whether a foreign institution is eligible to apply to participate in the Direct Loan Program.

The regulation §600.54 (e)(3)(ii) requires foreign institutions receiving Title IV, HEA program funds to demonstrate to the satisfaction of the Department that their method of determining academic work in a non-degree program is equivalent to the definition of an academic year that is required for domestic schools (§668.3) in determining program eligibility. This determination is made on a program by program basis by the Department in both initial and recertification reviews.

§600.55 – Additional criteria for determining whether a foreign graduate medical school is eligible to apply to participate in the Direct Loan Program.

Regulation §600.55(c)(2) requires a foreign graduate medical school to determine the consent requirements to meet their specific country’s privacy laws and require the necessary consents of all students, who are U.S. citizens, nationals, or eligible permanent residents, that have been accepted for admission to enable the foreign school to comply with the collection and submission requirements in §600.55(d) for Medical College Admission Test (MCAT) scores, residency placement, and U.S. Medical Licensing Examination (USMLE) scores.

Section 600.55(d) includes the changes to reporting requirements for foreign graduate medical schools as identified in HEOA Section 102(a)(2)(A)(i).

The regulations in §600.55(d)(1) require a foreign graduate medical school to obtain, at its own expense, and by April 30 of each year submit to its accrediting authority for all students who are U.S. citizens, nationals, or eligible permanent residents: (i) MCAT scores, for those admitted during the preceding award year and the number of times each student took the exam; (ii) the percentage of students graduating during the preceding award year who are placed in an accredited U.S. medical residency; (iii) all USMLE scores earned during the preceding award year, disaggregated by step 1, step 2-CS and step2-CK, by each student and graduate and the date each student took each test, including any failed tests and (iv) a statement of its citizenship rate for the preceding calendar year and the methodology used to obtain the rate. A school would have to submit the data on MCAT scores and placement in an U.S. residency to the Department only upon request, but would be required to submit the USMLE data to the Department by April 30, unless notified by the Department. These changes are required by statutory changes in HEOA section

Regulation §600.55(d)(2) allows for certain foreign medical schools to allow direct reporting of USMLE and/or citizenship pass rates to the Secretary by the Educational Commission for Foreign Medical Graduates (ECFMG) or another responsible third party. This will require the school to submit a written consent acceptable to the Department in which the school agrees that the pass rates calculated will be considered conclusive for purposes of compliance with the required rates. In this context, ECFMG or others will contract with the Department, and the school’s burden is based on development and submission of acceptable written consent to use the rates as calculated.

The regulations at §600.55(e)(2) require a foreign graduate medical school to notify their accrediting body within one year of any material changes in (1) the educational programs, including clinical training programs; and (2) the overseeing bodies and in the formal affiliation agreements with hospitals and clinics.

Finally, the regulations in §600.55(g)(3) require a foreign graduate medical school to publish all the languages in which instruction is offered.

The burden hours calculated below include time for reviewing the regulations; for determining the method and means to incorporate any changes; develop or update systems and forms and formats for gathering the required information; and to prepare any required reports. The burden is all related to reporting. The Department is identifying a net overall decrease in the amount of burden related to these regulations due to a change in the number of institutions participating in the foreign school graduate medical and foreign nursing programs.

Section 600.54 – Criteria for determining whether a foreign institution is eligible to apply to participate in the Direct Loan programs.

§600.54 (e)(3) – Demonstration of academic year equivalency in non-degree programs.