Office of Postsecondary Education - U.S. Department of Education

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations66849WReier-Aviles on DSKGBLS3C1PROD with RULES2Two commenters did not agree withthe Secretary’s proposed credit-hourdefinition with regard to the ratio ofclassroom time to time outside of classand suggested revising the proposeddefinition to allow for more directclassroom instruction. Thesecommenters recommended revisingproposed paragraph (1) to define acredit hour as one hour of classroom ordirect faculty instruction and aminimum of two hours of student workin or out of the classroom.One commenter recommended thatthe Department distinguish class timefrom time outside of class by makingexplicit in the proposed definition thatclass time refers to instruction.One commenter asked for clarificationof proposed paragraph (2) regardingwhether a credit hour awarded forlaboratory work must consist of onehourwork in the laboratory and twohours outside the laboratory performingeither preparation or follow upactivities.Discussion: Institutions mustdemonstrate that the credit hoursawarded for the amount of academicwork necessary for Federal programpurposes approximates the amount ofwork defined in paragraph (1) of thedefinition of credit hour in § 600.2. Thecredit-hour definition in § 600.2 sets aminimum standard and institutions mayoffer additional hours of instructionaltime to courses or provide for additionalstudent work outside of class beyondwhat is specified in paragraph (1) of thedefinition at their discretion. We do notbelieve it is necessary to decrease theamount of out-of-class time specified inparagraph (1) of the definition.We do not want to limit theinterpretation of class time only todirect instruction in order to take intoconsideration other in-class activitiessuch as examinations. Similarly, theprovisions related to laboratory work inparagraph (2) of the definition do notrequire one hour of work in thelaboratory and two hours of out-of-classwork related to the laboratory.Paragraph (2) of the credit-hourdefinition allows institutions to usetheir discretion to determine the in-classand out-of-class components forlaboratory work to the extent the creditawarded reasonably approximates therequirements of paragraph (1) of thecredit-hour definition in § 600.2. Aninstitution’s basis for making thisdetermination would be subject toreview by its accrediting agency, theState agency recognized under 34 part603, and the Department in order todemonstrate that it was reasonable.Changes: None.Authority and Need To RegulateComment: Several commentersbelieved that the Secretary does nothave the legal authority to promulgatethe proposed regulations in §§ 600.2,602.24, 603.24, and 668.8. Thesecommenters believed the credit-hourdefinition in proposed § 600.2represented a Federal intrusion intoacademic matters. A few commentersbelieved that the General EducationProvisions Act (20 U.S.C. 1232a) and theDepartment of Education OrganizationAct (20 U.S.C. 3403) prohibit theSecretary from exercising undue controlof curricula, programs, administration,and personnel of educationalinstitutions. These commenters believedthat the Secretary needs explicitCongressional authorization topromulgate regulations that intrude inthe academic decision-making processat institutions. Two commentersrecommended including language in thefinal regulations reaffirming that it isappropriate for institutions andaccrediting agencies to address studentachievement, but that it is not withinthe Secretary’s authority.Many commenters believed that aFederal definition of a credit hourrepresents a Federal intrusion into acore academic issue and the academicdecision-making process. A few of thesecommenters expressed concern that aFederal definition of a credit hourwould set a precedent for Federalinterference in other academic matters.One commenter representinginstitutional registrars and admissionsofficers believed the proposed definitionof a credit hour should be revised torequire an institution to make areasonable determination of whether theinstitution’s assignment of credit hoursconforms to commonly acceptedpractice in higher education asdemonstrated in the portability of suchcredits to other institutions of highereducation offering similar programs.One commenter believed that theSecretary is not authorized to makeacademic decisions and did not wantinstitutions to be subject to any adverseadministrative action by the Departmentif the Department did not concur withan institution’s or accrediting agency’sdetermination of appropriate credit.This commenter suggested that the finalregulations specify that the credit hoursawarded for a program shall be deemedin compliance with the definition of acredit hour as defined in § 600.2, wherethe credit hours awarded have beenapproved by the institution’s accreditingagency based upon a review performedin accordance with § 602.24(f).VerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2Several commenters believed that theSecretary’s proposed credit-hourdefinition was incongruent withexisting Federal laws, State regulations,or accrediting agency policies.One commenter believed that theproposed credit-hour definition in§ 600.2 could conflict with theAmericans with Disabilities Act of 1990,as amended, which requires entitiessuch as institutions of higher educationto make reasonable accommodations forstudents with disabilities.Several commenters believed that theproposed credit-hour definition wouldforce some institutions that use credithours to use clock hours. Thesecommenters believed that this changewould conflict with some Stateregulations and is not required by anyother Federal agency.A few commenters believed that theproposed credit-hour regulations wereharmful to institutions that had beenrequired to convert from clock hours tocredit hours by State mandates. Thesecommenters believed that theseinstitutions would be at a disadvantagecompared to institutions that werepreviously using credit hours. Onecommenter recommended that theDepartment allow institutions that haveconverted to credit hours based on Statemandates to use State-mandated clockto-credit-hourconversion rates todetermine Federal program eligibility.Several commenters believed that theproposed credit-hour definition maydirectly violate some State regulationsbecause it inherently requires thatinstitutions take attendance.Discussion: The Secretary isauthorized under 20 U.S.C. 1221e–3, tomake, promulgate, issue, rescind, andamend rules and regulations governingthe manner of operation of, andgoverning the applicable programsadministered by, the Department. Theintent of the regulations in §§ 600.2,602.24, 603.24, and 668.8 is not tointerfere with the academic decisionmakingprocesses at institutions,accrediting agencies, and recognizedState agencies, but to rely on theseprocesses to ensure the integrity of theFederal programs, including the title IV,HEA programs. Fundamental to thesedecision-making processes is themeasurement of the credit used todetermine the amounts of title IV, HEAprogram funds provided to eligiblestudents who are enrolled in eligibleprograms. Since the regulationsestablish a minimum standard, andinstitutions may choose to include morework for their credit hours than theminimum amount, credit hours at oneinstitution will not necessarily equate tocredit hours at another institution for a