Notice2021-12762
Early Implementation of the FAFSA Simplification Act's Removal of Requirements for Title IV Eligibility Related to Selective Service Registration and Drug-Related Convictions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 17, 2021
Effective
June 17, 2021
Issuing agencies
Education Department
Abstract
The U.S. Department of Education (Department) publishes this notice, as required by the FAFSA Simplification Act (Act), which was enacted into law as part of the Consolidated Appropriations Act, 2021, of early implementation of the Act's removal of requirements for Title IV eligibility related to Selective Service registration and drug- related convictions.
Full Text
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<title>Federal Register, Volume 86 Issue 115 (Thursday, June 17, 2021)</title>
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[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Notices]
[Pages 32252-32253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12762]
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DEPARTMENT OF EDUCATION
Early Implementation of the FAFSA Simplification Act's Removal of
Requirements for Title IV Eligibility Related to Selective Service
Registration and Drug-Related Convictions
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Notice.
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SUMMARY: The U.S. Department of Education (Department) publishes this
notice, as required by the FAFSA Simplification Act (Act), which was
enacted into law as part of the Consolidated Appropriations Act, 2021,
of early implementation of the Act's removal of requirements for Title
IV eligibility related to Selective Service registration and drug-
related convictions.
DATES:
Effective date: June 17, 2021.
Implementation date: August 16, 2021.
FOR FURTHER INFORMATION CONTACT: Aaron Washington, U.S. Department of
Education, 400 Maryland Ave. SW, Room 2C182, Washington, DC 20202.
Telephone: (202) 453-7241. Email: <a href="/cdn-cgi/l/email-protection#1d5c7c6f7273334a7c6e7574737a6972735d7879337a726b"><span class="__cf_email__" data-cfemail="1e5f7f6c717030497f6d767770796a71705e7b7a30797168">[email protected]</span></a>.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service, toll free, at 1-800-
877-8339.
SUPPLEMENTARY INFORMATION: The Department publishes this notice, as
required by the Act, of early implementation of the Act's removal of
requirements for Title IV eligibility related to Selective Service
registration and drug-related convictions. A Dear Colleague Letter
issued by the Department on June 11, 2021, providing information
regarding the early implementation of the Act's removal of these
requirements, including actions institutions must take as these changes
are implemented in phases across award years 2021-2022, 2022-2023, and
2023-2024, is available in the Appendix of this notice.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Tiwanda Burse,
Deputy Assistant Secretary for Management & Planning, Office of
Postsecondary Education.
Appendix--DCL ID: GEN-21-xx
Subject: Early Implementation of the FAFSA Simplification Act's
Removal of Selective Service and Drug Conviction Requirements for
Title IV Eligibility.
Summary: This letter provides information about the early
implementation of the FAFSA Simplification Act's removal of
Selective Service and drug conviction requirements for Title IV
eligibility, as well as actions that institutions must take as these
changes are implemented in phases across award years 2021-2022,
2022-2023, and 2023-2024. Certain other aspects of the law being
implemented are discussed in separate communications.
Dear Colleague:
On December 27, 2020, the FAFSA Simplification Act (Act) was
enacted into law as part of the Consolidated Appropriations Act,
2021. The Act makes many important changes to the Higher Education
Act of 1965 (HEA) and the Free Application for Federal Student Aid
(FAFSA[supreg]). Two changes referred to by this DCL include
amending Sec. 484 of the HEA to remove:
<bullet> The requirement that male students register with the
Selective Service before the age of 26 to be eligible for federal
student aid under Title IV of the HEA (Title IV); and
<bullet> Suspension of eligibility for Title IV aid for drug-
related convictions that occurred while receiving Title IV aid.
Under the Act, the Department of Education (Department) may
implement these changes by providing 60 days' notice in the Federal
Register. The Secretary is issuing this notice in the coming days.
Institutions may implement the changes as early as the date the
Federal Register notice publishes. They must implement the changes
no later than 60 days after the date of the Federal Register notice
(implementation date). To make Title IV aid accessible to as many
students as soon as possible, the Department of Education
(Department) will implement these changes in three phases across
three award years: The 2021-2022, 2022-2023, and 2023-2024 award
years.
Other than statutory and regulatory requirements included in the
document, the contents of this guidance do not have the force and
effect of law and are not meant to bind the public. This document is
intended only to provide clarity to the public regarding existing
requirements under the law or agency policies.
2021-2022 Award Year
For the 2021-2022 award year, for which the FAFSA cycle has
already begun, the Selective Service and drug conviction questions
(as well as the option to register with the Selective Service via
the FAFSA) will remain on the FAFSA. However, failing to register
with the Selective Service or
[[Page 32253]]
having a drug conviction while receiving federal Title IV aid will
no longer impact a student's Title IV aid eligibility.
For the 2021-2022 award year, institutions will still see
Comment Codes 30, 33, or 57 for Selective Service issues and Comment
Codes 53, 54, 56, or 58 for drug convictions. Each Comment Code will
still include messaging that a resolution is required to regain
eligibility for federal student aid. For Institutional Student
Informational Reports (ISIRs) received on or after the
implementation date, institutions must ignore the Comment Codes and
the messaging requiring resolution and proceed to award and disburse
aid to students if they are otherwise eligible. However, while
recommended, institutions are not required to go back and reprocess,
package, or award aid for ISIRs they received for the 2021-2022
award year prior to the implementation date unless requested by the
student.
Federal Student Aid will be proactively sending emails to
students who are associated with 2021-2022 ISIRs received prior to
the implementation date and who were determined to be ineligible
based on their answers to Selective Service and drug conviction
questions informing them about the change in the law and their
potential eligibility for Title IV aid. Emails will direct students
to contact their institution's financial aid office.
2022-2023 Award Year
For the 2022-2023 award year, we will enhance implementation of
the removal of Selective Service and drug conviction requirements
for federal Title IV eligibility. Similar to the 2021-2022 award
year:
<bullet> The Selective Service and drug conviction questions (as
well as the option to register with the Selective Service via the
FAFSA) will remain on the FAFSA;
<bullet> Failing to register with the Selective Service or
having a drug conviction while receiving federal Title IV aid will
no longer affect a student's Title IV aid eligibility; and
<bullet> Institutions will still see Comment Codes 30, 33, or 57
for Selective Service issues and Comment Codes 53, 54, 56, or 58 for
drug convictions, which institutions must ignore and may not use as
a reason to deny Title IV aid to a student.
However, for the 2022-2023 award year, the Department will
include language in the Comment Codes stating that no further action
is necessary on the part of the student or the institution.
2023-2024 Award Year
For the 2023-2024 award year, the Department plans to completely
remove both the Selective Service and drug conviction questions from
the FAFSA, as well as the option to register with the Selective
Service via the FAFSA. We will also remove any associated Comment
Codes and messaging that indicate a resolution is required for
federal Title IV eligibility.
Questions about our early implementation of these provisions of
the FAFSA Simplification Act should be referred to our Contact
Customer Support outreach site within FSA's Help Center, located in
the new Knowledge Center. To submit a question, please enter your
name, email address, topic, and question. When submitting a question
related to this Dear Colleague Letter, please select the topic ``FSA
Ask-A-FED/Policy.''
Thank you for your continued support of the Title IV federal
student aid programs.
Sincerely,
Richard Cordray, Chief Operating Officer, Federal Student Aid.
Annmarie Weisman, Deputy Assistant, Secretary for Policy, Planning,
and Innovation, Office of Postsecondary Education.
[FR Doc. 2021-12762 Filed 6-16-21; 8:45 am]
BILLING CODE 4000-01-P
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