In federal law, a “title” is a numbered major section of a larger law. Because different laws can each contain a section numbered Title IV, the meaning of “Title IV” depends on the subject being discussed.
In education, the term most often refers to Title IV of the Civil Rights Act of 1964 or Title IV of the Higher Education Act of 1965. One concerns equal educational opportunity and federal civil-rights enforcement. The other authorizes major federal student-aid programs used to help pay for college or career school.
This article provides a general overview of both uses. The rules that apply to a particular discrimination complaint, school, aid program, or borrower can be more detailed.
Title IV of the Civil Rights Act of 1964
Title IV of the Civil Rights Act gives the U.S. Attorney General authority to address certain denials of equal protection in public schools and public institutions of higher education. The law addresses discrimination based on race, color, religion, sex, and national origin.
The U.S. Department of Justice’s Educational Opportunities Section enforces Title IV. Its work may involve discrimination or harassment, unequal educational opportunities, school segregation, discriminatory discipline, or other conduct within its legal authority.
Examples of concerns that may raise civil-rights questions include:
- A school responding differently to serious harassment based on a student’s race or religion
- Students being separated or denied opportunities because of race or national origin
- Discriminatory treatment in school discipline
- A public school denying equal protection based on sex
- A school practice that interferes with equal educational opportunity for a protected group
Whether a situation violates federal law depends on the facts and on which statutes apply. Title IV is part of a larger civil-rights framework. Other federal laws may also protect students, including Title VI of the Civil Rights Act, Title IX of the Education Amendments, Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, and the Equal Educational Opportunities Act.
What Can the Department of Justice Do?
Title IV authorizes the Attorney General to investigate and, when legal requirements are met, bring civil enforcement action. The Department of Justice may negotiate remedies or seek court orders designed to end unlawful discrimination and correct its effects.
The U.S. Department of Education’s Office for Civil Rights also enforces several federal civil-rights laws in schools that receive federal financial assistance. A concern may fall under more than one law or agency. Families can review the agencies’ complaint information or seek legal advice to determine where a particular issue should be reported.
Title IV of the Higher Education Act of 1965
Title IV of the Higher Education Act authorizes the federal student-aid programs that help eligible students pay for education after high school. When a college refers to “Title IV aid,” “Title IV eligibility,” or a “Title IV school,” it is usually referring to these federal financial-aid programs and the rules governing them.
Title IV aid includes major programs such as:
- Federal Pell Grants
- Federal Supplemental Educational Opportunity Grants
- Federal Work-Study
- William D. Ford Federal Direct Loans, including eligible student and parent loans
Not every student receives every type of aid. Eligibility can depend on financial need, enrollment, the type of program, citizenship or eligible noncitizen status, satisfactory academic progress, prior borrowing, annual and lifetime limits, and other federal requirements. Program rules can change, so students should use current Federal Student Aid information for decisions.
How Do Students Apply for Federal Student Aid?
Students begin by completing the Free Application for Federal Student Aid, or FAFSA. The FAFSA collects information used to determine eligibility for federal student aid. States, colleges, and other programs may also use FAFSA information when awarding their own assistance.
After the FAFSA is processed, each school that admits the student can explain the aid it is offering. An aid offer may contain grants, scholarships, work-study, and loans. These forms of assistance are not interchangeable:
- Grants and scholarships generally do not need to be repaid when their conditions are met.
- Work-study provides an opportunity to earn money through eligible employment.
- Loans must be repaid, usually with interest.
Students should compare the actual cost of attendance, grant and scholarship aid, expected out-of-pocket cost, loan amounts, and program outcomes. The largest aid offer is not always the least expensive option if much of it consists of loans.
What Is a Title IV School?
A participating school must be eligible and enter into an agreement with the U.S. Department of Education. It must follow federal requirements involving the administration of aid, reporting, consumer information, student eligibility, and the return of funds when applicable.
A school’s participation allows eligible students in eligible programs to receive federal aid. It does not mean every program at the school necessarily qualifies, that every student will be eligible, or that the federal government recommends the school.
Why Might a School Return Title IV Funds?
Federal aid is awarded with the expectation that a student will attend during the applicable enrollment period. If a student withdraws, the school may have to calculate how much federal aid was earned and return the unearned portion. This is commonly called a Return of Title IV Funds calculation.
The calculation is separate from the school’s tuition-refund policy. As a result, a student may still owe the school money after federal funds are returned. A student considering withdrawal should speak with the financial-aid office and review the possible academic and financial effects before making a decision when circumstances permit.
Satisfactory Academic Progress
Students generally must maintain satisfactory academic progress to remain eligible for federal student aid. Schools establish standards consistent with federal rules and commonly evaluate both grades and whether the student is completing the program within the permitted timeframe.
A student who loses eligibility may have options under the school’s policy, such as an appeal based on qualifying circumstances or regaining eligibility after meeting the standard. The financial-aid office can provide the written policy and explain applicable deadlines.
Understanding the Context
The words “Title IV” do not identify one single education program. In a discussion about discrimination or equal treatment in a public school, the reference may be to the Civil Rights Act. In a conversation about FAFSA, grants, work-study, student loans, withdrawals, or college financial-aid eligibility, it usually refers to the Higher Education Act.
Knowing which law is involved makes it easier to find the correct agency, rules, and next steps. For current financial-aid information, students should consult the federal StudentAid.gov website and their school’s financial-aid office. For an education discrimination concern, families can consult the U.S. Department of Justice Civil Rights Division, the U.S. Department of Education Office for Civil Rights, or a qualified attorney.