Section 121.1. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Academic term—Semester, trimester or quarter.

Academic year—A period that begins on the first day of classes and ends on the last scheduled day of final examinations and that is a minimum of 30 weeks of instructional time during which, for an undergraduate educational program, a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at a school which measures program length in credit hours or at least 900 clock hours at a school which measures program length in clock hours.

Agency or PHEAA—The Pennsylvania Higher Education Assistance Agency.

Board—The Board of Directors of the Agency.

Borrower—All endorsers on loans authorized by this chapter.

College entrance examination—A Nationally-recognized standardized test used to assess college readiness chosen at the Agency’s sole discretion to rank students who demonstrate the greatest potential to perform at the highest level of academic achievement.

Disposable pay—That part of the borrower’s compensation from an employer remaining after the deduction of any amounts required by law to be withheld.

Emergency action—Immediate action undertaken against institutions by the President and Chief Executive Officer in a manner consistent with § 121.31(d) (relating to approved institutions in Federal Stafford Loan and Federal PLUS Loan Programs) to withhold the processing of loan applications of the institution; and in a manner consistent with § 121.191(d) (relating to administrative loan collection review procedures) against a lending institution to withhold the processing of loan applications for students borrowing through the institution.

Federal Consolidation Loan—A loan made in accordance with section 428C of the Higher Education Act of 1965 (20 U.S.C.A. § 1078-3).

Federal Family Education Loan (FFEL) Program—The loan program (formerly called the Guaranteed Student Loan (GSL) Program) authorized by Title IV-B of the Higher Education Act of 1965 (20 U.S.C.A. § § 1071—1087-2), including the Federal Stafford Loan, Federal PLUS, Federal Supplemental Loans for Students (Federal SLS) and Federal Consolidation Loan Programs, in which lenders use their own funds to make loans to enable students or their parents to pay the costs of the student’s attendance at eligible institutions.

Federal PLUS Loan—A loan made in accordance with section 428B of the Higher Education Act of 1965 (20 U.S.C.A. § 1078-2).

Federal Stafford Loan—A loan made in accordance with section 428, if subsidized, or section 428H, if unsubsidized, of the Higher Education Act of 1965 (20 U.S.C.A. § § 1078 and 1078-8).

Full-time basis (except for purposes of the Federal Stafford Loan and Federal PLUS Loan Programs)—The equivalent of 12 semester credits or 450 clock hours of instruction per academic term. If the schedule of a program of study offered on a clock-hour basis does not permit the equivalent of 450 clock hours of instruction per term, full-time enrollment shall be defined as 24 clock hours of instruction per week.

Full-time basis (for purposes of the Federal Stafford Loan and Federal PLUS Loan Programs Only)—To be considered enrolled on a full-time basis, a student shall be carrying a full-time academic work load (other than by correspondence) as determined by the institution under a standard applicable to the students enrolled in a particular educational program. The student’s work load may include any combination of courses, work, research or special studies that the institution considers sufficient to classify the student as a full-time student. For undergraduate students, an institution’s minimum standard shall equal or exceed one of the following minimum requirements:

(i) Twelve semester hours or 12 quarter hours per academic term in an educational program using a semester, trimester or quarter system.

(ii) Twenty-four semester hours or 36 quarter hours per academic year in an educational program using credit hours but not using a semester, trimester or quarter system or the prorated equivalent for a program of less than 1 academic year.

(iii) Twenty-four clock hours per week for an educational program using clock hours.

(iv) A series of courses or seminars that equals 12 semester hours or 12 quarter hours in a maximum of 18 weeks.

(v) The work portion of a cooperative education program in which the amount of work performed is equivalent to the academic work load of a full-time student.

(vi) Other requirements as prescribed by Federal regulations.

Guaranteed Student Loan Program—A Federal loan guaranty program administered by the Agency that enables qualified students to secure long-term educational loans to meet the costs of postsecondary education. On July 23, 1992, the Higher Education Amendments of 1992 (Pub. L. No. 102-325), changed the name of the program to The Federal Family Education Loan Program. Whenever the term is used in this chapter, it refers to and shall be regarded as, “The Federal Family Education Loan Program.”

Guardian—For purposes of determining domicile, a person other than a parent with whom an applicant has lived and in whose continuous direct care and control the applicant has been for a period of at least 2 years.

Half-time basis—At least 1/2 the work load of a full-time student, except all students enrolled solely in an eligible program of study by correspondence cannot be considered more than half time.

Hearing examiner—A neutral third party, not an employe or staff member of the Agency, appointed by a designated Agency official to conduct hearings on Agency matters, consider written materials, weigh the evidence presented and issue impartial decisions.

Parent (for purposes of borrowing under the Federal PLUS Loan Program)—A student’s mother or father or legal guardian. An adoptive parent is considered to be the person’s mother or father.

President and Chief Executive Officer—The President and Chief Executive Officer of the Agency.

Quarter—A period of approximately 11 weeks normally comprising 1/3 of the academic year.

Semester—A period of approximately 17 weeks normally comprising 1/2 of the academic year.

Trimester—A period of approximately 15 weeks normally comprising 1/2 of the academic year.

Veteran—A person who engaged in active service in the United States Army, Navy, Air Force, Marines or Coast Guard or was a cadet or midshipman at one of the service academies and was released under a condition other than dishonorable, or will be by June 30 of the academic year for which the application is made, or who was a National Guard or Reserve service member who was activated for Federal duty by Presidential order. ROTC students, cadets or midshipmen currently attending the service academies, National Guard or Reserve enlistees who were not activated for Federal duty by Presidential order or those currently serving in the United States Armed Forces and will continue to serve through June 30 of the academic year for which application is made are not considered veterans.

The provisions of this § 121.1 adopted February 27, 1969; amended December 27, 1974, effective December 28, 1974, 4 Pa.B. 2699; amended May 21, 1976, effective May 22, 1976, 6 Pa.B. 1134; amended October 28, 1977, effective October 29, 1977, 7 Pa.B. 3195; amended July 3, 1980, effective July 5, 1980, 10 Pa.B. 2874; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2116; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2760; amended March 26, 1982, effective March 27, 1982, 12 Pa.B. 1043; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2428; amended July 12, 1996, effective July 13, 1996, 26 Pa.B. 3321; amended August 4, 2000, effective August 5, 2000, 30 Pa.B. 3924; amended July 31, 2015, effective August 1, 2015, 45 Pa.B. 4163. Immediately preceding text appears at serial pages (268140) to (268143).

Notation

Authority

The provisions of this § 121.1 issued under the act of July 12, 1981 (P. L. 264, No. 89) (24 P. S. § § 5102.1 and 5104(1.2)); amended under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. § 5104); sections 1 and 6(e) of the act of January 25, 1966 (P. L. 1546, No. 541) (24 P. S. § § 5151 and 5156(e)); The Institutional Assistance Grants Act (24 P. S. § § 5181—5189); the Urban and Rural Teacher Loan Forgiveness Act (24 P. S. § § 5191—5197); and the Agriculture Education Loan Forgiveness Act (24 P. S. § § 5198.1—5198.7).

Cross References

This section cited in 22 Pa. Code § 121.5 (relating to enrollment); 22 Pa. Code § 121.44 (relating to required family financial data); 22 Pa. Code § 121.151 (relating to application of existing Agency regulations); 22 Pa. Code § 121.201 (relating to application of existing Agency regulations); 22 Pa. Code § 121.302 (relating to application of existing Agency regulations); and 22 Pa. Code § 121.401 (relating to application of existing agency regulations).