[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4257]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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Part VII
Department of Education
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34 CFR Part 682
Federal Family Education Loan Program; Proposed Rule
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DEPARTMENT OF EDUCATION
34 CFR Part 682
RIN 1840-AB62
Federal Family Education Loan Program
AGENCY: Department of Education.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Secretary proposes to amend the regulations governing the
Federal Family Education Loan (FFEL) Program. The FFEL Program consists
of the Federal Stafford, Federal Supplemental Loans for Students (SLS),
Federal PLUS, and the Federal Consolidation Loan programs. These
proposed regulations are needed to implement certain changes made to
the Higher Education Act of 1965, as amended (HEA), by the Higher
Education Amendments of 1992 (Pub. L. 102-325). Pub. L. 102-325 added
new section 428J to the HEA which authorizes the Secretary to establish
a demonstration program for loan forgiveness for certain types of
professional or public service. Minor changes to section 428J were made
by the National and Community Service Trust Act of 1993 (Pub. L. 103-
82). Section 428J was also recently amended by the Higher Education
Technical Amendments of 1993 (Pub. L. 103-208). Those additional
statutory changes are also reflected in these proposed rules. Under
section 428J of the HEA, the Secretary is authorized to forgive
portions of Federal Stafford Loans incurred by a student borrower who
performs volunteer service or works in certain teaching or nursing
areas. This program is not currently funded.
DATES: Comments must be received on or before March 28, 1994.
ADDRESSES: All comments concerning these proposed regulations should be
addressed to Patricia Newcombe, Acting Chief, FFEL Program Section,
Loans Branch, Division of Policy Development, Policy, Training, and
Analysis Service, U.S. Department of Education, 400 Maryland Avenue,
SW., (room 4310, ROB-3), Washington, DC 20202-5449.
A copy of any comments that concern information collection
requirements should also be sent to the Office of Management and Budget
at the address listed in the Paperwork Reduction Act section of the
preamble.
FOR FURTHER INFORMATION CONTACT: Barbara Bauman, Program Specialist,
Loans Branch, Division of Policy Development, Policy, Training, and
Analysis Service, U.S. Department of Education, 400 Maryland Avenue,
SW., (room 4310, ROB-3), Washington, DC 20202-5449. Telephone: (202)
708-8242. Individuals who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through
Friday.
SUPPLEMENTARY INFORMATION:
Background
New section 428J of the HEA requires the Secretary to promulgate
regulations to establish a loan forgiveness demonstration program in
the Federal Stafford Loan Program. The purpose of the demonstration
program is to encourage individuals to enter the teaching and nursing
professions and to perform national and community service by offering
partial Federal Stafford loan forgiveness. The loan forgiveness program
is available only to new borrowers who, as of October 1, 1989, had no
outstanding debt on a FFEL Program loan.
Summary of Comments from Regional Meetings
In compliance with section 492(a) of the HEA, the Secretary
convened regional meetings during September 1992 to obtain public
involvement in the development of proposed regulations. The purpose of
the meetings was to ``provide for a comprehensive discussion and
exchange of information concerning the implementation'' of certain
parts of Pub. L. 102-325. In addition, attendees of the regional
meetings were asked to nominate individuals to act as negotiators in
the negotiated rulemaking process required by section 492(b) of the
HEA.
The regional meetings were conducted for two days each in San
Francisco, California; New York, New York; Atlanta, Georgia; and Kansas
City, Missouri. Each participant at the regional meetings was assigned
to one of six groups which were asked to discuss particular issue areas
identified by the Department. Each group at the regional meetings
prepared a report of its discussion and recommendations and those
reports were presented to the Department for consideration during the
preparation of the proposed regulations.
One of the groups at each regional meeting was asked to discuss the
loan forgiveness demonstration program established by section 428J of
the HEA. However, none of the groups discussed the program in much
detail. Each of the groups recommended that the Department implement
the demonstration program in the same way that the provisions for loan
cancellation for public service are implemented in the Perkins Loan
Program. The Department considered these comments in preparing draft
proposed regulations.
Negotiated Rulemaking
After completion of the regional meetings, the Department prepared
draft proposed regulations to implement the provisions of Pub. L. 102-
325 relating to the FFEL Program. In accordance with the requirements
of section 492(b) of the HEA, those regulations were submitted to a
negotiated rulemaking process. During the weeks of January 4-8 and
February 1-5, 1993, the Department met with negotiators selected from
among individuals nominated by attendees at the regional meetings.
The discussion below of the proposed regulations reflects those
areas where the negotiators reached a consensus and the proposed
regulations reflect that agreement. The discussion below also indicates
where consensus was not reached during the negotiations. However, the
negotiators did not choose to discuss every part of the proposed
regulations. Accordingly, the discussion below of those issues not
discussed during the negotiations reflects only the views of the
Secretary.
Proposed Regulations
The Secretary is proposing to amend 34 CFR part 682 to add a new
Sec. 682.215 to the regulations. These regulations are being proposed
if it becomes necessary to implement section 428J of the HEA that
authorizes a demonstration program under which certain Federal Stafford
loan borrowers may have a portion of their loan debt forgiven. Under
the program the Secretary may forgive a percentage of the loan debt
that accrued on Federal Stafford loans that were borrowed (1) during
the borrower's last two years of undergraduate education or, (2) for up
to two academic years, during which the borrower returned to an
institution of higher education after graduation from an institution of
higher education to obtain a teaching certificate or additional
certification. An eligible borrower may have a specific percentage of
his or her eligible loans forgiven for each year of service performed.
Borrower Eligibility
Under section 428J of the HEA, the borrower is eligible for loan
forgiveness if the borrower serves as: (1) A full-time teacher in
certain elementary and secondary schools teaching certain subjects; (2)
a full-time nurse in particular types of hospitals or health care
centers; (3) a volunteer under the Peace Corps Act or under the
Domestic Volunteer Service Act of 1973; or (4) a full-time employee of
a tax-exempt organization under section 501(c)(3) of the Internal
Revenue Code of 1986 who makes below the greater of the minimum wage or
the poverty line for a family of two. In defining the types of health
care facilities where an eligible borrower may work, the Secretary
consulted with staff members of the Department of Health and Human
Services. Definitions that apply to the teaching category were largely
extracted from 34 CFR 682.210(q) at the suggestion of the negotiators.
For the tax-exempt organization service forgiveness category, the
Secretary is requiring eligible borrowers to work for an organization
that serves low-income persons and communities to assist in eliminating
poverty and related conditions. In defining this area of service, the
Secretary remains consistent with existing deferment provisions for
full-time volunteer service in the FFEL Program. The Secretary believes
that loan forgiveness is the more desirable benefit and as such should
not be given to a borrower who would not otherwise meet the
requirements for deferment and repayment for the same service. The
proposed regulations would establish criteria and procedures governing
the application and eligibility process for the loan forgiveness under
the demonstration program.
To qualify for loan forgiveness, a borrower must be in repayment,
or in an authorized period of deferment or forbearance. During the
negotiated rulemaking sessions, there was considerable discussion
surrounding the issue of whether lenders should be required to
automatically grant administrative forbearance to those borrowers who
are serving in a capacity that meets the criteria of the new
Sec. 682.215 (e), (f) or (g) for loan forgiveness. The negotiators felt
that it was necessary to provide forbearance in cases where a borrower
does not qualify for a deferment but would seem to qualify for loan
forgiveness. Although the Secretary recognized at the time that
borrowers serving in the fields that qualify under Sec. 682.215 may be
receiving low wages, the Secretary acknowledged that Congress did not
provide a forbearance or deferment for borrowers in this program in the
law. However, as a result of changes made by Pub. L. 103-208, the law
now provides forbearance for borrowers who are engaged in qualifying
service.
As recommended by the negotiators, the proposed regulations provide
that a defaulted borrower is not eligible for loan forgiveness under
the demonstration program unless the borrower has made satisfactory
repayment arrangements for the defaulted loan or loans. However, the
forgiveness would apply only to the loan or loans that are not in
default.
Application
The Secretary is proposing that, to qualify for loan forgiveness
under the demonstration program, a borrower must submit to the
Secretary or his designee an application and any necessary supporting
documentation by October 1 of each year following the year served in
qualifying service as a full-time volunteer, full-time teacher or full-
time nurse. A concern expressed during the negotiated rulemaking
process was how the Secretary or his designee would accommodate any
incomplete applications submitted by borrowers by the due date. There
was no consensus among the negotiators as to whether a borrower who
does not have complete documentation submitted by the October 1
deadline should be allowed to later supply the missing documentation.
The Secretary is interested in receiving public comment as to what is
an acceptable time-frame in which to inform a borrower that additional
documentation is needed and to collect the information necessary to
complete the application.
The Secretary is proposing to allow borrowers who serve in more
than one qualifying organization to combine the time served in each
organization to satisfy the requirement that the borrower be employed
``full-time.'' The term ``full-time'' is not defined in section 428J of
the statute. However, the Secretary and the negotiators reached a
consensus that the term ``full-time,'' for purposes of these
regulations, be defined as the period of time generally accepted as the
industry standard for the given profession. It is the duty of the
authorizing official or officials (in the case of multiple employment
of the borrower) to certify the borrower's service on the application.
If a borrower combines employment to meet the full-time employment
definition, the borrower would be required to obtain a certification
from each employment facility's authorizing official. The Secretary
will make a final determination as to whether the borrower's certified
combined service amounts to full-time. The certification will cover the
year of service as defined in Sec. 682.215 (e), (f), and (g) for the
particular service category. A new application and certification is
required for each year of service that the borrower wishes to apply for
loan forgiveness.
The Secretary acknowledges that the statute originally indicated
that a borrower receiving loan forgiveness based on volunteer service
could become eligible for loan forgiveness after agreeing in writing to
volunteer, before service was completed. However, a consensus was
reached that the statute did not intend to treat borrowers differently
based on the type of service involved. Pub. L. 103-208 amended section
428J to be consistent with this approach. Therefore, the proposed
regulations provide that an eligible borrower may apply for the
forgiveness only after the year of service is completed.
The Secretary proposes that once a borrower has met the
requirements for forgiveness under Sec. 682.215 (e), (f) or (g) the
borrower will have a percentage of his or her loan forgiven based on
which year of service has been completed. A borrower who qualifies for
forgiveness under this demonstration program shall have 15 percent of
the total amount of Federal Stafford loans incurred during the
borrower's last two years of undergraduate education forgiven for the
borrower's service for each of the first two years of service, 20
percent of the total amount for each third and fourth year of service,
and 30 percent of such total amount for the fifth year of service.
Limitations
The Secretary believes that the intent of Congress in enacting
section 428J was to have the Secretary forgive 100 percent of a
borrower's loans received for the last 2 years of undergraduate
education by the end of a borrower's five-year period of service.
However, the Secretary and the negotiators were compelled at the outset
to consider the constraints associated with this program, since it is a
demonstration program with a defined appropriation. The negotiators
discussed the fact that the program may not have adequate funding to
provide the full annual forgiveness amounts to all borrowers who
qualify. The negotiators discussed a number of possible approaches to
selecting the borrowers who would be allowed to benefit from the
forgiveness program from among the eligible borrowers if adequate
funding is not available but did not reach consensus regarding the use
of a particular approach. However, Pub. L. 103-208 directs the
Secretary to provide loan forgiveness on a first-come, first-served
basis subject to the availability of appropriations. Accordingly, the
Secretary will make a determination on each application as it is
received and will use a first-come, first-served approach to award loan
forgiveness in the amounts provided by section 428J of the Act until
the amount of appropriated funds is exhausted.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities. These proposed regulations will only affect a small
percentage of institutions that participate in the FFEL Program.
Paperwork Reduction Act of 1980
Section 682.215(c) contains an information collection requirement.
As required by the Paperwork Reduction Act of 1980, the Department of
Education will submit a copy of this section to the Office of
Management and Budget (OMB) for its review. (44 U.S.C. 3504(h))
Certain Federal Stafford loan borrowers are eligible to apply for
loan forgiveness under these regulations. The Department needs and uses
the information provided on the application to determine an
individual's eligibility for loan forgiveness.
Annual public reporting and recordkeeping burden for this
collection of information is estimated to average .25 of an hour per
response for 2000 respondents, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and reviewing the collection of
information.
Organizations and individuals desiring to submit comments on the
information collection requirements should direct them to the Office of
Information and Regulatory Affairs, room 3002, New Executive Office
Building, Washington, DC 20503; Attention: Dan Chenok.
Invitation to Comment
Interested persons are invited to submit comments and
recommendations regarding these proposed regulations.
All comments submitted in response to these proposed regulations
will be available for public inspection, during and after the comment
period, in room 4310, Regional Office Building 3, 7th and D Streets,
SW., Washington, DC between the hours of 8:30 a.m. and 4 p.m., Monday
through Friday of each week except federal holidays.
Assessment of Educational Impact
The Secretary particularly requests comments on whether the
proposed regulations in this document would require transmission of
information that is being gathered by or is available from any other
agency or authority of the United States.
List of Subjects in 34 CFR Part 682
Administrative practice and procedure, Colleges and universities,
Education, Loan programs-education, Reporting and recordkeeping
requirements, Student aid, Vocational education.
(Catalog of Federal Domestic Assistance Number 84.032, Federal
Family Education Loan Program)
Dated: February 17, 1994.
Richard W. Riley,
Secretary of Education.
The Secretary proposes to amend part 682 of title 34 of the Code of
Federal Regulations as follows:
PART 682--FEDERAL FAMILY EDUCATION LOAN PROGRAM
1. The authority citation for part 682 continues to read as
follows:
Authority: 20 U.S.C. 1071 to 1087-2, unless otherwise noted.
2. A new section 682.215 is added to read as follows:
Sec. 682.215 Federal Stafford Loan forgiveness demonstration program.
(a) General. The Federal Stafford Loan forgiveness demonstration
program is intended to encourage individuals to enter the teaching and
nursing professions and to perform national and community service.
Under this demonstration program, the Secretary repays portions of
Federal Stafford obligations that were incurred by a borrower during
the borrower's last two years of undergraduate education if that
borrower enters those professions or performs that service. For
purposes of this section, an eligible borrower is a borrower who, prior
to October 1, 1989, had no outstanding debt under the FFEL programs.
(b) Borrower eligibility; requirements for qualification. A
borrower may obtain loan forgiveness under this program if he or she is
employed as a full-time teacher in certain elementary and secondary
schools teaching certain subjects or as a full-time nurse in certain
types of hospitals or health care centers, or is serving as a volunteer
under the Peace Corps Act or under the Domestic Volunteer Service Act
of 1973, or is performing comparable service as a full-time employee of
a tax exempt organization under section 501(c)(3) of the Internal
Revenue Code of 1986. For purposes of this section, ``full-time'' means
the standard used by a State or profession in defining full-time
employment. For a borrower serving in more than one organization, the
determination of ``full-time'' is based on the combination of all
qualifying employment. A borrower who is in default on a FFEL loan and
has not made satisfactory repayment arrangements is not eligible for
forgiveness. However, if a borrower has made satisfactory repayment
arrangements on the loan or loans in default, the forgiveness applies
only to the loan or loans held by the holder that are not in default.
(c) Application. To qualify for the forgiveness program, an
eligible borrower shall apply to the Secretary or his designee by
October 1 of each year in writing on a form and according to procedures
established by the Secretary following the completed year of service.
Eligible borrowers will be chosen on a first-come, first-served basis
to participate and will receive forbearance for each year of service
for which forgiveness is requested.
(d) Limitation; Stafford forgiveness recipients. The total amount
of loans forgiven is limited to the amount of funds appropriated for
the fiscal year for the demonstration program.
(e) Borrower eligibility; teaching forgiveness. (1) To qualify for
teaching loan forgiveness under this section, a borrower must teach
full-time for a year (as defined by the jurisdiction in which the
borrower is employed) in a teacher shortage area as certified by the
authorizing official. For purposes of this paragraph a teacher is
teaching in a teacher shortage area if--
(i) The teacher teaches in a school that satisfies the criteria in
section 465(a)(2)(A) of the Act for loan cancellation for Perkins loan
recipients who teach in those schools; and
(ii) The teacher teaches mathematics, science, foreign languages,
special education, bilingual education or in any other field of
expertise where the State educational agency determines there is a
shortage of qualified teachers.
(2) The borrower, in the time frame provided under paragraph (c) of
this section, for the first year of service for which forgiveness is
requested, must provide to the Secretary or his designee--
(i) A statement by the chief administrative officer of the public
elementary or secondary school in which the borrower was teaching--
(A) Certifying the year that the borrower was employed as a full-
time teacher;
(B) Certifying which subject area listed in paragraph (e)(1)(ii) of
this section or designated by the state educational agency the borrower
taught; and
(C) Verifying that the borrower teaches or taught in a school that
satisfies the requirements of paragraph (e)(1)(i) of this section.
(ii) To continue to receive forgiveness in a subsequent year, the
borrower shall provide the Secretary or his designee with a statement
by the chief administrative officer of the public elementary or
secondary school in which the borrower was teaching, certifying--
(A) The dates of the year of service;
(B) That the borrower continued to be employed as a full-time
teacher; and
(C) That the borrower continued to meet the designated subject area
and school requirements specified in this section.
(f) Borrower eligibility; volunteer service forgiveness.
(1)(i) To qualify for the volunteer service loan forgiveness under
this paragraph, a borrower must serve as a full-time volunteer for at
least a year (defined as twelve consecutive months) under--
(A) The Peace Corps Act; or
(B) The Domestic Volunteer Service Act of 1973 (ACTION programs);
or
(ii) A borrower may also qualify for the volunteer service loan
forgiveness if the borrower performs service comparable to service
provided under paragraph (f)(1) of this section as a full-time employee
of an organization that is exempt from taxation under section 501(c)(3)
of the Internal Revenue Code of 1986, if the borrower does not receive
compensation that exceeds the greater of--
(A) The minimum wage rate described in section 6 of the Fair Labor
Standards Act of 1938; or
(B) An amount equal to 100 percent of the poverty line for a family
of two as defined in section 673(2) of the Community Services Block
Grant Act.
(2) To qualify under this paragraph, the borrower must--
(i) Work for an organization that provides services to low-income
persons and their communities to assist them in eliminating poverty and
poverty-related human, social, and environmental conditions; and
(ii) Not, as part of his or her duties, give religious instruction,
conduct worship services, engage in religious proselytizing, or engage
in fund-raising to support religious activities.
(3) The borrower, for the first year of service for which
forgiveness is requested under paragraphs (f)(1), (2), or (3) of this
section must provide to the Secretary or his designee a statement from
an authorized official of the organization or agency for whom the
borrower is working certifying--
(i) That the borrower has served in a job that satisfies the
requirements of this paragraph;
(ii) The date on which the borrower's service began; and
(iii) The date on which the borrower completed the year of service.
(4) To continue to receive loan forgiveness in a subsequent year
under this paragraph, the borrower must provide an additional statement
as described in this paragraph at the end of each additional year of
service.
(g) Borrower eligibility; nursing profession loan forgiveness. (1)
To qualify for the nursing profession loan forgiveness under this
paragraph, a borrower must be employed as a full-time nurse for a
public hospital, a rural health clinic, a migrant health center, an
Indian Health Service Health Center, an Indian Health Center, a Native
Hawaiian Health Center or for an acute care or long-term care facility.
(2) To qualify for loan forgiveness under this paragraph, a
borrower must provide to the Secretary or his designee--
(i) A statement from an authorized official where the borrower is
employed certifying that the borrower was employed as a full-time nurse
for a facility described in this section and served for the term of at
least one year (defined as twelve consecutive months);
(ii) The date on which the borrower's service began; and
(iii) The date on which the borrower's year of service ended.
(3) To continue to receive the forgiveness in a subsequent year
under this paragraph, the borrower must provide an additional statement
as described in this paragraph at the end of each additional year of
service.
(h) Forgiveness amounts. (1) The Secretary repays the holder a
percentage of the total amount of Stafford loans owed by the eligible
borrower during--
(i) The borrower's last 2 years of undergraduate education; or
(ii) The 2 academic years in which a borrower who was not already
participating in loan repayment pursuant to this section returned to an
institution of higher education for the purpose of obtaining a post
graduate teaching certificate or additional teacher certification.
(2) The Secretary repays loans on the following basis:
(i) 15 percent of the total original principal amount of Stafford
loans for the first or second year in which the borrower meets the
requirements of this section.
(ii) 20 percent of the total original principal amount for a third
or fourth year.
(iii) 30 percent of the total original principal amount for a fifth
year.
(3) The Secretary repays the holder for the amount of interest,
including capitalized interest, which accrued on the loan or loans
subject to forgiveness over the year.
(4) The amount of payments made by the Secretary under paragraphs
(h)(2)(i), (ii), and (iii) of this section may not exceed the sum of
the outstanding principal balance of the loan or loans subject to
forgiveness plus all interest payments made in accordance with
paragraph (h)(3) of this section.
(5) Payments received from a borrower who qualifies for loan
forgiveness under this section will not be returned.
(i) Definitions. The following definitions apply to this section:
Acute care facility means either a short-term care hospital in
which the average length of patient stay is less than 30 days, or a
short-term care hospital in which over 50% of all patients are admitted
to units where the average length of patient stay is less than 30 days.
Elementary school means a public day or public residential school
that provides elementary education, as determined under State law.
Indian Health Service Health Center means a health care facility
(whether operated directly by the Indian Health Service or operated by
a tribal contractor or grantee under the Indian Self-Determination
Act), that is physically separated from a hospital and that provides
one or more clinical treatment services, such as physician, dentist or
nursing services, available at least 40 hours a week for outpatient
care to persons of Indian or Alaska Native descent.
Long-term care facility means a facility that offers services
designed to provide diagnostic, preventive, therapeutic,
rehabilitative, supportive and maintenance services for individuals who
have chronic physical or mental impairments. This facility may have a
variety of institutional and non-institutional health settings,
including the home, and the goal of the service is to promote the
optimum level of physical, social and psychological functioning.
Native Hawaiian Health Center means an entity (as defined in
section 8 of the Native Hawaiian Health Care Act of 1988 (Pub. L. 100-
579)--
(1) That is organized under the laws of the State of Hawaii;
(2) That provides or arranges for health care services through
practitioners licensed by the State of Hawaii, if licensure
requirements are applicable;
(3) That is a public or private nonprofit entity; and
(4) In which Native Hawaiian health practitioners significantly
participate in the planning, management, monitoring, and evaluation of
health services.
Public hospital means a facility (as defined in 24 CFR 242.1)--
(1) Owned by a State or unit of local government or by an
instrumentality thereof, or owned by a public benefit corporation
established by a State or unit of local government or by an
instrumentality thereof;
(2) That provides community services for inpatient medical care of
the sick or injured (including obstetrical care);
(3) Where not more than 50 percent of the total patient days during
any year are customarily assignable to the categories of chronic
convalescent and rest, drug and alcoholic, epileptic, mentally
deficient, mental, nervous and mental, and tuberculosis; and
(4) That is licensed or regulated by the State (or, if there is no
State law providing for such licensing or regulation by the State, by
the municipality or other political subdivision in which the facility
is located).
Rural Health Clinic means an entity (as defined under section
1861(aa)(2) of the Social Security Act and in 42 CFR 491.2 that--
(1) Is primarily engaged in furnishing to outpatients, physicians'
services and services furnished by a physician assistant or by a nurse
practitioner, as well as those services and supplies covered under
sections 1861(s)(2)(A) and 1961(s)(10) of the Social Security Act;
(2) In the case of a facility that is not a physician-directed
clinic, has an arrangement (consistent with the provisions of State and
local law relative to the practice, performance, and delivery of health
services) with one or more physicians under which provision is made for
the periodic review by those physicians of covered services furnished
by physician assistants and nurse practitioners, the supervision and
guidance by such patients as may be necessary, and the availability of
those physicians for advice and assistance in the management of medical
emergencies, and in the case of the physician-directed clinic, has one
or more of its staff physicians perform the activities accomplished
through such an arrangement;
(3) Maintains clinical records on all patients;
(4) Has arrangements with one or more hospitals, having agreements
in effect under section 1866 of the Social Security Act, for the
referral and admission of patients requiring inpatient services or
diagnostic or other specialized services as are not available at the
clinic;
(5) Has written policies, that are developed with the advice of
(and with provision of review of those policies from time to time by) a
group of professional personnel, including one or more physicians and
one or more physician assistants or nurse practitioners, to govern
those services which it furnishes;
(6) Has a physician assistant or nurse practitioner responsible for
the execution of policies described in paragraph (5) of this definition
and relating to the provision of the clinic's services;
(7) Directly provides routine diagnostic services, including
clinical laboratory services, as prescribed in 42 CFR 491.2, and has
prompt access to additional diagnostic services from facilities meeting
requirements under title 42;
(8) In compliance with State and Federal law, has available for
administering to patients of the clinic at least such drugs and
biologicals as are determined under 42 CFR 491.2 to be necessary for
the treatment of emergency cases and has appropriate procedures or
arrangements for storing, administering, and dispensing any drugs and
biologicals;
(9) Has appropriate procedures for review of utilization of clinic
services to the extent that the Secretary determines to be necessary
and feasible; and
(10) Meets other requirements as the Secretary of Health and Human
Services may find necessary in the interest of the health and safety of
the individuals who are furnished services by the clinic.
Secondary school means a public day or public residential school
that provides secondary education, as determined under State law. In
the absence of applicable State law, the Secretary may determine, with
respect to that State, whether the term ``secondary school'' includes
education beyond the twelfth grade.
State education agency means the agency or official designated by
the Governor or by State law as being primarily responsible for the
State supervision of public elementary and secondary schools.
Teacher means a professional who provides direct and personal
services to students for their educational development through
classroom teaching.
(Authority: 20 U.S.C. 1071 to 1087-2)
[FR Doc. 94-4257 Filed 2-24-94; 8:45 am]
BILLING CODE 4000-01-P
