Notice2022-27732
List of Federal Education Assistance for Proprietary Institutions of Higher Education To Include as Federal Revenue
Primary source
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Published
December 21, 2022
Issuing agencies
Education Department
Abstract
This notice lists the Federal education assistance funds for qualifying students that proprietary institutions of higher education must include as Federal revenue in their non-Federal revenue calculation (known as "90/10").
Full Text
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<title>Federal Register, Volume 87 Issue 244 (Wednesday, December 21, 2022)</title>
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[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78096-78098]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27732]
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DEPARTMENT OF EDUCATION
List of Federal Education Assistance for Proprietary Institutions
of Higher Education To Include as Federal Revenue
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Notice.
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SUMMARY: This notice lists the Federal education assistance funds for
qualifying students that proprietary institutions of higher education
must include as Federal revenue in their non-Federal revenue
calculation (known as ``90/10'').
DATES: Institutions must include these Federal education funds in their
90/10 calculations for fiscal years beginning on or after January 1,
2023.
FOR FURTHER INFORMATION CONTACT: Ashley Clark, U.S. Department of
Education, 400 Maryland Avenue SW, Room 2C185, Washington, DC 20202.
Telephone: (202) 453-7977. Email: <a href="/cdn-cgi/l/email-protection#99d8eaf1f5fce0b7daf5f8ebf2d9fcfdb7fef6ef"><span class="__cf_email__" data-cfemail="68291b00040d11462b04091a03280d0c460f071e">[email protected]</span></a>.
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If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Background: On October 28, 2022, the Department published final
regulations amending 34 CFR 668.28, ``Non-Federal Education Assistance
Funds (90/10).'' \1\ The final regulations implemented amendments to
sections 487(a) and (d) of the Higher Education Act of 1965, as amended
(HEA), made by the American Rescue Plan Act of 2021 (ARP).\2\ Sections
487(a) and (d) govern how proprietary institutions of higher education
(``institutions'') must calculate their non-Federal revenue percentage
(e.g., the 90/10 calculation).\3\ Per section 487(a) of the HEA,
institutions must derive not less than 10 percent of their revenue from
sources other than Federal education assistance funds that are
disbursed or delivered to or on behalf of a student to attend the
institution. The statutory change requires that institutions count all
Federal education assistance funds as Federal revenue in their 90/10
calculation for fiscal years beginning on or after January 1, 2023.
Regulations at 34 CFR 668.28 identify the types of funds that
institutions must treat as Federal and non-Federal revenue. 34 CFR
668.28(a)(1)(i) provides that the Secretary will identify Federal
education assistance funds, by agency, to assist proprietary
institutions in complying with the 90/10 requirement. The Department is
publishing this notice in the Federal Register in accordance with Sec.
668.28(a)(1)(i), and we will publish updates to this list for
subsequent fiscal years as needed.
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\1\ 87 FR 65426.
\2\ Public Law 117-2.
\3\ Public Law 110-315, as amended.
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List of Federal education assistance funds: The Department surveyed
Federal agencies to compile this list of Federal education assistance
funds. In accordance with the definition of Federal education
assistance funds in Sec. 668.28, this list includes Federal funds that
may be disbursed directly to an institution; disbursed to a student for
purposes of paying tuition, fees, or other institutional charges; or
comingled with non-Federal funds in a disbursement made by a non-
Federal public agency, regardless of whether proprietary institutions
are currently eligible. Information obtained by the Department
indicated that most education assistance funds are disbursed directly
to an institution for specific students, and, therefore, the
institution should be aware of and able to account for these funds. For
the programs that disburse Federal funds directly to students,
institutions are expected to determine if any students making payments
to the institution are receiving Federal education funds from the
listed sources and use that information to accurately calculate the
percentage of their revenue derived from non-Federal sources.\4\
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\4\ See 87 FR at 65446 (``For purposes of 90/10, we understand
that proprietary institutions need a basis to calculate the Federal
funds disbursed directly to its students. The Department considers a
certification from an agency describing the Federal funds that a
student received as a sufficient basis for this calculation. In
cases where an agency does not provide this information to an
institution, we will evaluate on a case-by-case basis whether the
institution made a good-faith effort to obtain this information,
including if a student certifies that they received Federal funds
and the amount of funds received.''). See also 87 FR at 65451-52
(``Although institutions must exclude funds for which they cannot
determine the breakdown, we expect institutions to attempt to
determine the Federal and non-Federal breakdown of grant funds. The
Department would evaluate whether the institution sufficiently
attempted to determine the Federal and non-Federal components of
grant funds on a case-by-case basis . . . when the institution is
unable to obtain this breakdown.'')
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The statute requires institutions to include all Federal education
assistance funds in their 90/10 calculation. If an institution is aware
of Federal education assistance funds not included on this list that
were provided either to the institution or directly to a student to
cover tuition and fees or other institutional charges, the institution
must obtain the necessary information to account for those funds in its
90/10 revenue calculation. If Federal education assistance funds are
comingled with other types of aid and the institution cannot determine
what portion of the funds are from a Federal entity, the funds should
not be included in either the numerator or denominator of the revenue
calculation. Institutions should document for their records how they
determine whether students are receiving federal education assistance
from these programs.
Note that the following list of sources of Federal education funds
is in addition to title IV, HEA program funds, which existing
regulations already require institutions to include in the 90/10
calculation.
Department of Agriculture:
<bullet> National Institute of Food and Agriculture (NIFA): Agriculture
and Food Research Initiative Predoctoral Fellowships
Department of Commerce:
<bullet> Hollings Scholarship Program
<bullet> National Oceanic and Atmospheric Administration (NOAA)
Educational Partnership Program with Minority Serving Institutions,
Cooperative Science Centers Direct Student Support
<bullet> NOAA Educational Partnership Program with Minority Serving
Institutions, Graduate Fellowship Program
<bullet> NOAA Educational Partnership Program with Minority Serving
Institutions, Undergraduate Scholarship Program
Department of Defense:
<bullet> Advanced Civil Schooling
<bullet> Army/Navy/Air Force Health Professions Scholarship Program
<bullet> Civilian Career Program/Civilian Tuition Assistance
<bullet> Credentialing Assistance
<bullet> Military Spouse Career Advancement Account (MyCAA)
<bullet> Military Tuition Assistance
<bullet> Navy Advanced Education Voucher Program
<bullet> Navy Graduate Education Voucher
<bullet> Navy Seaman to Admiral
<bullet> Reserve Officers' Training Corps (ROTC) Scholarships
Department of Education:
<bullet> Leadership Consortia in Sensory Disabilities and Disabilities
Associated with Intensive Service Needs
<bullet> Perkins V (including the Native American Career and Technical
Education Program and the Native Hawaiian Career and Technical
Education Program)
<bullet> Personnel Preparation in Special Education, Early
Intervention, and Related Services for Personnel Serving Children with
Disabilities
<bullet> Preparation of Special Education, Early Intervention, and
Related Services Leadership Personnel
<bullet> Statewide Models for Ensuring That Special Education Students
in Inclusive Schools are Served by Highly Qualified Teachers
<bullet> Workforce Investment Opportunity Act (WIOA) Title II (Adult
Education and Family Literacy Act)
Department of Health and Human Services:
<bullet> Addiction Medicine Fellowship Program (AMF)
<bullet> Advanced Nursing Education; Nurse Practitioner Residency
Integration Program (ANE-NPRIP)
<bullet> Advanced Nursing Education; Nurse Practitioner Residency
Program (ANE-NPR)
<bullet> Advanced Nursing Education Workforce (ANEW)
<bullet> Behavioral Health Workforce Education and Training Program for
Paraprofessionals (BHWET)
<bullet> Behavioral Health Workforce Education and Training Program for
Professionals (BHWET)
<bullet> Chafee Education and Training Vouchers
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<bullet> Children's Hospitals Graduate Medical Education Program
(CHGME)
<bullet> Dental Faculty Loan Repayment Program (DFLRP)
<bullet> Geriatric Workforce Enhancement Program (GWEP)
<bullet> Graduate Psychology Education Program (GPE)
<bullet> Health Careers Opportunity Program (HCOP)
<bullet> Indian Health Professions (IHS) Section 103 Scholarships
<bullet> IHS Section 104 Scholarships
<bullet> Indian Health Service
<bullet> Indians Into Medicine
<bullet> Integrated Substance Use Disorder Training Program (ISTP)
<bullet> Medical Student Education (MSE)
<bullet> Native Hawaiian Health Scholarship Program (NHHSP)
<bullet> National Health Service Corps Scholarship Program (NHSC SP)
<bullet> Non-National Research Service Award Predoctoral Fellowships
<bullet> Nurse Anesthetist Traineeship (NAT)
<bullet> Nurse Corps Scholarship Program
<bullet> Nurse Education, Practice, Quality and Retention; Registered
Nurses in Primary Care (NEPQR-RNPC)
<bullet> Nurse Education, Practice, Quality and Retention; Veteran
Nurses in Primary Care Training Program (VNPC)
<bullet> Nursing Workforce Diversity (NWD)
<bullet> Nursing Workforce Diversity; Eldercare Enhancement (NWD-E2)
<bullet> Oral Health Training: Predoctoral Training in General,
Pediatric and Public Health Dentistry
<bullet> Primary Care Training and Enhancement; Physician Assistant
Rural Training Program (PCTE-PAT)
<bullet> Public Health Training Centers (PHTC)
<bullet> Non-National Research Service Award Training Grants
<bullet> Opioid-Impacted Family Support Program (OIFSP)
<bullet> Preventative Medicine Residency Program (PMR)
<bullet> Public Health Scholarship Program (PHSP)
<bullet> Scholarships for Disadvantaged Students (SDS)
<bullet> Ruth L. Kirschstein National Research Service Award
Institutional Research Training Grants
<bullet> Ruth L. Kirschstein National Research Service Award
Predoctoral Fellowships
<bullet> Temporary Assistance to Needy Families
Department of Labor:
<bullet> H-1B Skills Training Grants
<bullet> Reentry Employment Opportunities
<bullet> Strengthening Community Colleges
<bullet> Trade Adjustment Assistance
<bullet> WIOA Title I (Adult, Dislocated Worker, and Youth)
<bullet> YouthBuild
Department of Transportation:
<bullet> Federal Highway Administration; Dwight David Eisenhower
Transportation Fellowship Program (DDETFP)
<bullet> Maritime Administration; Direct Payments State Maritime
Academies (SMA)
<bullet> Maritime Administration; Student Incentive Program
<bullet> Maritime Administration; United States Merchant Marine Academy
Department of Veterans Affairs:
<bullet> All-Volunteer Force Educational Assistance (also known as
Montgomery GI Bill; Active Duty)
<bullet> Marine Gunnery Sergeant John David Fry Scholarship
<bullet> Montgomery GI Bill Selected Reserve; Reserve Educational
Assistance Program
<bullet> National Call to Service Program
<bullet> Post-9/11 Veterans Educational Assistance (also known as Post-
9/11 GI Bill)
<bullet> Post-Vietnam Era Veterans' Educational Assistance Program
<bullet> Survivors and Dependents Educational Assistance
<bullet> Veteran Employment Through Technology Education Courses
(VET TEC)
<bullet> Veteran Rapid Retraining Assistance Program
<bullet> Veteran Readiness and Employment (formerly Vocational
Rehabilitation)
Nuclear Regulatory Commission:
<bullet> University Nuclear Leadership Program
Accessible Format: On request to the 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
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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 Department documents published in the
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PDF, you must have Adobe Acrobat Reader, which is available free at the
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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.
Nasser H. Paydar,
Assistant Secretary, Office of Postsecondary Education.
[FR Doc. 2022-27732 Filed 12-20-22; 8:45 am]
BILLING CODE 4000-01-P
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</html>Indexed from Federal Register on December 21, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.