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Appeal
QUALIFYING
What is an erroneous data appeal?
An erroneous data appeal is a challenge submitted to the
Department alleging that a school’s official cohort default rate is
inaccurate because of incorrect data.1
OR
AND/OR
1
34 CFR §668.17(c)(1)(i)(A)
2
34 CFR §668.17(b)
3
Id.
These schools may only file an appeal based on erroneous data if:
♦
official cohort default rates
are calculated. there are incorrect new data appearing in the
Please refer to the school’s official loan record detail report.
Department’s FY 1997 Draft
Cohort Default Rate Guide
for additional information on
Disputed data and incorrect new data are explained in detail
draft data challenges. beginning on page 83.
4
34 CFR §668.17(a)(2)
♦
appeal its three most recent
official cohort default rates,
as long as it has not
If the school is subject to extended loss of FFEL
previously appealed the Program and/or Direct Loan Program and Federal
official cohort default rate
calculation on the basis of Pell Grant Program eligibility, it may appeal only the
erroneous data. most recent year’s (in this case FY 1997) official
cohort default rate.
The table below summarizes the official cohort default rates that a
school may appeal on the basis of erroneous data
* Provided that the school has not previously appealed the cohort default rate on
the basis of erroneous data.
AND/OR
After the release of the official cohort default rates, a school may
appeal on the basis of disputed data if:
AND
AND
AND
AND
AND
AND
AND
If the official data are the same as the draft data, and
the school did NOT challenge the data as a part of its
draft data challenge, it may NOT appeal the data as
incorrect new data as a part of an erroneous data
appeal. 5 If these data issues are appealed to the
Department, they will NOT be reviewed.
5
34 CFR §668.17(j)(7) (published December 1, 1995)
♦
for a summary of who is
Incorrect date entered repayment (DER) responsible for responding to
erroneous data requests.
6
34 CFR §682.401(b)(15)
7
HEA § 435(a)(2)(A)
AND
AND
AND
AND
AND
AND/OR
AND
OR
OR
Step 7. Notify the Department whether the school is Due date for
withdrawing from the appeal process or continuing submitting
the appeal to
with the appeal process. the
OR
♦ If the school wants to continue with the
erroneous data appeal process, it must:
OR
AND
♦ a notation that a copy of the cover letter will be sent to the relevant
guaranty agency and/or Direct Loan Servicer.
Schools only need to send a copy of the cover letter of the appeal to the
guaranty agency and/or Direct Loan servicer. It is not necessary to send
the entire appeal to the guaranty agency and/or Direct Loan servicer.
Schools should refer to the sample Erroneous Data Appeal cover letter,
on page 107.
The section behind Tab 2 contains:
Tab 2
Copies of all relevant correspondence, including:
Schools do NOT need to submit copies of their loan record detail reports to
the Department.
The Department will review only the information submitted with the
erroneous data appeal and will not consider information submitted after
the regulatory deadlines. The Department will send the school and each
involved entity written notification of its decision. The Department’s
decision is final and no further administrative review is provided.
8
34 CFR § 668.17(c)(6)
Page 100 FY 1997 Official Cohort Default Rate Guide
Information for Schools on Appeals Erroneous Data Appeal
October 6, 1999
Sort: The borrowers listed on the spreadsheet should be sorted SF FFEL Subsidized Stafford Loan
by the borrower's Social Security number.
SL Supplemental Loans for Student Loans
Only the allegations listed on the school’s spreadsheet SU FFEL Unsubsidized Stafford Loan
will be reviewed. If a borrower has multiple loans
containing data errors, a school must enter data Column 5: Enter MM/DD/CCYY (month, day, and year) of the
for each loan for the borrower. earlier of the borrower's LDA (last date of attendance)
or the LTH (less than half-time) date according to the
On Row 1, enter exactly the same column names in exactly the same order as school's records and outside sources.
listed on the sample spreadsheet. Ensure that column names appear at the
top of each page. Column 6: Enter MM/DD/CCYY or MM/CCYY to identify the DER
(date the loan entered repayment) according to the
On Row 2 and below, include the following data for each loan for which the school's records and outside sources.
school is requesting verification of error.
Column 7: Enter MM/DD/CCYY or MM/CCYY to identify the CPD
Instructions for Erroneous Data Request Spreadsheet
A school should input dates based on the school’s records. A school (claim paid date), DD (default date), or ICRD (income
should NOT include dates based on the loan record detail report or contingent repayment date) according to the school's
guaranty agency and/or Direct Loan servicer information if it believes records and outside sources.
those dates are incorrect.
Column 8 Enter the fiscal year(s) to which the school believes
this information should be applied.
(MM/DD/CCYY) or (MM/CCYY) or B)
Page 105
Erroneous Data Appeal Information for Schools on Appeals
School of Business
1212 Wedgewood Lane
Leonardtown, Wisconsin 12345-6789
123-456-7890
January 4, 1999
Sincerely,
Robert Young
Robert Young, President
Enclosures
new data.
The spreadsheet should be on 8 ½’’ x 11” paper in a landscape (horizontal)
layout. A sample spreadsheet follows these instructions. Column 4: Enter the loan type. Use the following codes:
Header: Enter FY [insert year(s)] Erroneous Data Appeal in the Loan Type Codes
center of the header area. In the left-hand area, enter the
school’s name and the school’s OPE ID number. Code Description
1. Entity identified by guarantor/servicer code on the loan Column 5: Enter MM/DD/CCYY (month, day, and year) to identify the
record detail report earlier date of the borrower's LDA (last date of attendance)
2. Borrower's Social Security number or the LTH (less than half-time) date according to the
school's records and outside sources.
A school should input dates based on the school’s records. A school information should be applied.
should NOT include dates based on the loan record detail report or guaranty
agency and/or Direct Loan servicer information if it believes those dates are Column 10: Enter N (numerator), D (denominator), or B (both numerator
incorrect. and denominator), accompanied by a plus or minus sign
(such as +D or -D) to show how the school believes the
Column 1: Enter the student’s social security number (SSN) using information will affect its official CDR (cohort default rate)
hyphens to separate the numbers (example: 000-88-0000). calculation.
1. Borrower's 2. Borrower's 3. Basis of 4. Type of 5. Earlier 6. Date 7. CPD 8. Entity 9. FY(s) 10. Effect
SSN Name alleged error loan of LDA entered DD, ICRD, Code appl. on CDR
(Disputed or New) (Use codes or LTH repayment or N/A from calc.
on instructions) (MM/DD/CCYY) (DER) (MM/DD/CCYY) LRDR (N,D,
(MM/DD/CCYY) or (MM/CCYY) or B)
Information for Schools on Appeals
Page 109
Erroneous Data Appeal Information for Schools on Appeals