---
kind: "section"
citation: "34 C.F.R. § 668.406"
title: "34"
number: "668.406"
heading: "Determination of the D/E rates and earnings premium measure."
url: "https://uscodex.org/cfr/34/668.406"
---

# §668.406. Determination of the D/E rates and earnings premium measure.

- (a) For each award year for which the Secretary calculates D/E rates and the earnings premium measure for a program, the Secretary issues a notice of determination.
- (b) **The notice of determination informs the institution of the following—**
  - (1) The D/E rates for each program as determined under [§ 668.403](/cfr/34/668.403.md).
  - (2) The earnings premium measure for each program as determined under [§ 668.404](/cfr/34/668.404.md).
  - (3) The determination by the Secretary of whether each program is passing or failing, as described in [§ 668.402](/cfr/34/668.402.md), and the consequences of that determination.
  - (4) Whether the student acknowledgment is required under [§ 668.407](/cfr/34/668.407.md).
  - (5) For GE programs, whether the institution is required to provide the student warning under [§ 668.605](/cfr/34/668.605.md).
  - (6) For GE programs, whether the program could become ineligible under subpart S of this part based on its final D/E rates or earnings premium measure for the next award year for which D/E rates or the earnings premium measure are calculated for the program.

## Notes

### Source

Source: 88 FR 70188, Oct. 10, 2023, unless otherwise noted.

### Authority

Authority: 20 U.S.C. 1001-1003, 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, 1099c-1, 1221e-3, and 1231a, unless otherwise noted.