Eligibility Designations and Applications for Waiving Eligibility Requirements; Programs Under Parts A and F of Title III and Programs Under Title V of the Higher Education Act of 1965, as Amended (HEA)

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Published

January 22, 2024

Issuing agencies

Education Department

Abstract

The Department announces the process for the designation of eligible institutions and invites applications for waivers of eligibility requirements for fiscal year (FY) 2024, for the programs listed in the SUPPLEMENTARY INFORMATION section of this notice.

Full Text

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<title>Federal Register, Volume 89 Issue 14 (Monday, January 22, 2024)</title>
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[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3916-3920]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00707]

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DEPARTMENT OF EDUCATION

Eligibility Designations and Applications for Waiving Eligibility
Requirements; Programs Under Parts A and F of Title III and Programs
Under Title V of the Higher Education Act of 1965, as Amended (HEA)

AGENCY: Office of Postsecondary Education, Department of Education
(Department).

ACTION: Notice.

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SUMMARY: The Department announces the process for the designation of
eligible institutions and invites applications for waivers of
eligibility requirements for fiscal year (FY) 2024, for the programs
listed in the SUPPLEMENTARY INFORMATION section of this notice.

DATES:
Applications Available: January 22, 2024.
Deadline for Transmittal of Applications: February 27, 2024.

FOR FURTHER INFORMATION CONTACT: Jason Cottrell, Ph.D., Institutional
Service, U.S. Department of Education, 400 Maryland Avenue SW, Room
5C122, Washington, DC 20202. Telephone: (202) 453-7530 or (202) 262-
1833. Email: <a href="/cdn-cgi/l/email-protection#ca80abb9a5a4e489a5bebeb8afa6a68aafaee4ada5bc"><span class="__cf_email__" data-cfemail="9ed4ffedf1f0b0ddf1eaeaecfbf2f2defbfab0f9f1e8">[email&#160;protected]</span></a>.
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: The Department announces the process for the
designation of eligible institutions and invites applications for
waivers of eligibility requirements for FY 2024 for the following
programs:
1. Programs authorized under title III, part A of the HEA:
Strengthening Institutions Program (Part A SIP), Alaska Native and
Native Hawaiian-Serving Institutions (Part A ANNH), Predominantly Black
Institutions (Part A PBI), Native American-Serving Nontribal
Institutions (Part A NASNTI), and Asian American and Native american
Pacific Islander-Serving Institutions (Part A AANAPISI).
2. Programs authorized under title III, part F of the HEA:
Hispanic-Serving Institutions STEM and Articulation (Part F HSI STEM
and Articulation), Predominantly Black Institutions (Part F PBI),
Alaska Native and Native Hawaiian-Serving Institutions (Part F ANNH),
Native American-Serving Nontribal Institutions (Part F NASNTI), and
Asian American and Native American Pacific Islander-Serving
Institutions (Part F AANAPISI).
3. The program authorized under title V part A of the HEA:
Developing Hispanic-Serving Institutions (Part A HSI).
4. The program authorized under title V part B of the HEA:
Promoting Postbaccalaureate Opportunities for Hispanic Americans (Part
B PPOHA).

Full Text of Announcement

I. Funding Opportunity Description

Purpose of Programs: The Part A SIP, Part A ANNH, Part A PBI, Part
A NASNTI, and Part A AANAPISI programs are authorized under title III,
part A of the HEA. The Part F HSI STEM and Articulation, Part F PBI,
Part F ANNH, Part F NASNTI, and Part F AANAPISI programs are authorized
under title III, part F of the HEA. The HSI and PPOHA programs are
authorized under title V of the HEA. Please note that certain programs
addressed in this notice have the same or similar names as other
programs that are authorized under a different statutory authority. For
this reason, we

[[Page 3917]]

include the statutory authority within the acronym for certain
programs.
Under the programs discussed above, institutions are eligible to
apply for grants if they meet specific statutory and regulatory
eligibility requirements. An institution of higher education that is
designated as an eligible institution may also receive a waiver of
certain non-Federal cost-sharing requirements for one year under the
Federal Supplemental Educational Opportunity Grant (FSEOG) program
authorized by title IV, part A of the HEA and the Federal Work-Study
(FWS) program authorized by section 443 of the HEA. Qualified
(eligible) institutions may receive the FSEOG and FWS waivers for one
year even if they do not receive a grant under a title III or V grant
program. An applicant that receives a grant from the Student Support
Services (SSS) program that is authorized under section 402D of the
HEA, 20 U.S.C. 1070a-14, may receive a waiver of the required non-
Federal cost share for institutions for the duration of the grant. An
applicant that receives a grant from the Undergraduate International
Studies and Foreign Language (UISFL) program that is authorized under
section 604 of the HEA, 20 U.S.C. 1124, may receive a waiver or
reduction of the required non-Federal cost share for institutions for
the duration of the grant.
Sections 312, 502, and 512 of the HEA, 34 CFR 607.2-607.5, and 34
CFR 606.2-606.5 include many of the basic eligibility requirements for
grant programs authorized under titles III and V of the HEA. Sections
312(b)(1)(B) and 502(a)(2)(A) of the HEA provide that, to be eligible
for these programs, an institution of higher education's average
``educational and general expenditures'' (E&G) per full-time equivalent
(FTE) undergraduate student must be less than the average E&G
expenditures per FTE undergraduate student of institutions that offer
similar instruction (public 2-year, public 4-year, private 2-year, and
private 4-year) in that year.
The National Center for Education Statistics (NCES) calculates Core
Expenses per FTE of institutions, a statistic like E&G per FTE. Both
E&G per FTE and Core Expenses per FTE are based on regular operational
expenditures of institutions (excluding auxiliary enterprises,
independent operations, and hospital expenses). They differ only in
that E&G per FTE is based on fall undergraduate enrollment, while Core
Expenses per FTE is based on 12-month undergraduate enrollment for the
academic year.
To avoid inconsistency in the data submitted to, and produced by,
the Department, for the purpose of sections 312(b)(1)(B) and
502(a)(2)(A) of the HEA, E&G per FTE is calculated using the same
methodology as Core Expenses per FTE. Accordingly, the Department will
apply the NCES methodology for calculating Core Expenses per FTE.
Institutions requesting an eligibility exemption determination must use
the Core Expenses per FTE data reported to NCES' Integrated
Postsecondary Education Data System (IPEDS) for the most currently
available academic year, in this case academic year 2021-2022.
Special Note: To qualify as an eligible institution under the grant
programs listed in this notice, your institution must satisfy several
criteria. For most of these programs, these criteria include those that
relate to the enrollment of needy students and to the Core Expenses per
FTE for a specified base year. The most recent data available in IPEDS
for Core Expenses per FTE are for base year 2021-2022. To award FY 2024
grants in a timely manner, we will use these data to evaluate
eligibility.
Each institution interested in either applying for a new grant
under the titles III or V programs addressed in this notice, or
requesting a waiver of the title IV non-Federal cost share, must be
designated as an eligible institution in FY 2024. See 34 CFR 606.5 and
607.5.
Note: Please be advised that final eligibility is program specific.
Applicants should refer to the program in question for programmatic
requirements. Further information regarding eligibility is set forth
below.
Eligible Applicants: The eligibility requirements for the programs
authorized under part A of title III of the HEA are in sections 312 and
317-320 of the HEA (20 U.S.C. 1058, 1059d-1059g) and in 34 CFR 607.2-
607.5. The regulations may be accessed at <a href="http://www.ecfr.gov/cgi-bin/text-idx?SID=bc12bf5d685021e069cd1a15352b381a&mc=true&node=pt34.3.607&rgn=div5">www.ecfr.gov/cgi-bin/text-idx?SID=bc12bf5d685021e069cd1a15352b381a&mc=true&node=pt34.3.607&rgn=div5</a>. The eligibility requirements for the programs authorized by part F
of title III of the HEA are in section 371 of the HEA (20 U.S.C.
1067q). There are currently no specific regulations for these programs.
The eligibility requirements for the title V HSI program are in
part A of title V of the HEA and in 34 CFR 606.2-606.5. The regulations
may be accessed at <a href="http://www.ecfr.gov/cgi-bin/text-idx?SID=bc12bf5d685021e069cd1a15352b381a&mc=true&node=pt34.3.606&rgn=div5l">www.ecfr.gov/cgi-bin/text-idx?SID=bc12bf5d685021e069cd1a15352b381a&mc=true&node=pt34.3.606&rgn=div5l</a>.
The requirements for the PPOHA program are in part B of title V of
the HEA and in the notice of final requirements published in the
Federal Register on July 27, 2010 (75 FR 44056), and in 34 CFR 606.2(a)
and (b) and 606.3-606.5.
The Department has instituted a process known as the Eligibility
Matrix (EM), under which we use information institutions submitted to
IPEDS to determine which institutions meet the basic eligibility
requirements for the programs authorized by title III or V of the HEA
listed above. The data are utilized in the Department's eligibility
system to calculate and determine which institutions meet the
eligibility requirements. To make eligibility determinations for FY
2024, we use an institution's 2021-2022 enrollment and fiscal data.
Beginning January 22, 2024, an institution will be able to review the
Department's eligibility decision by checking the eligibility system
linked through the Department's Institutional Service Eligibility
website: <a href="http://www2.ed.gov/about/offices/list/ope/idues/eligibility.html">http://www2.ed.gov/about/offices/list/ope/idues/eligibility.html</a>. The direct link is <a href="https://HEPIS.ed.gov/">https://HEPIS.ed.gov/</a>.
During the application period, the EM can be reviewed within the
eligibility system (<a href="https://HEPIS.ed.gov">https://HEPIS.ed.gov</a>). The eligibility system
maintains a record of all postsecondary institutions that are
potentially eligible to apply for funding in the titles III or V grant
programs mentioned above. If the eligibility system's entry for your
institution indicates your institution is eligible, you will not need
to apply for eligibility or submit a waiver request as described in
this notice. Rather, if you choose to apply for the grant, you may
print out the eligibility letter directly. If your institution is not
shown as eligible, you must submit the application discussed in this
notice before the application deadline of February 27, 2024.
To check your institution's eligibility, go to <a href="https://HEPIS.ed.gov/">https://HEPIS.ed.gov/</a>, and log into the system using a <a href="http://Login.gov">Login.gov</a> account. If
you are not sure whether you have an account in the system, click the
``Request Account'' button. If you do not have an account, the system
will walk you through setup. Note that it may take up to five business
days to verify user identity and to complete new account setup, so
please allow enough time to complete the application. If the Grant
Eligibility Application (GEA) system is open for new applications, you
may check your institution's eligibility status by clicking the ``View
pre-Eligibility Information'' button. Your institution's eligibility
information will display.
If the system does not show that your institution is eligible for a
program you can apply for a waiver or reconsideration using the process
described in this notice. The application process mirrors that used in
previous years. You will first complete an application on the website
at <a href="https://HEPIS.ed.gov/">https://HEPIS.ed.gov/</a>. If you remain ineligible

[[Page 3918]]

based on your application, you will choose the waiver option(s) on the
website to submit the required information and supporting
documentation.
Once all waiver decisions are made, the data from the eligibility
system will be used to build a final EM that will be published on the
Department's eligibility website <a href="https://www2.ed.gov/about/offices/list/ope/idues/eligibility.html">https://www2.ed.gov/about/offices/list/ope/idues/eligibility.html</a>.
Please note that through this process, the Department does not
certify, nor designate, an institution a Minority-Serving Institution
or Hispanic-Serving Institution. This eligibility determination relates
only to the institution's ability to apply for grants under certain
titles III and V grant programs, as discussed in this notice.
Note: Institutions that submit a waiver request for either the Core
Expenses per FTE or the Needy Student requirement must submit the
required documents and supporting data and evidence by the deadline.
All reviews and decisions will be made approximately two weeks after
the deadline.
Enrollment of Needy Students: As noted above, to qualify as an
eligible institution under the grant programs listed in this notice,
your institution must satisfy several criteria, including those that
relate to the enrollment of needy students and to the Core Expenses per
FTE student count for the specified base year.
As to the enrollment of needy students, for programs under titles
III and V (excluding the PBI programs), an institution is considered to
have an enrollment of needy students if it meets either of the
following two criteria: (1) at least 50 percent of its degree-seeking
students received financial assistance under the Federal Pell Grant,
FSEOG, or FWS programs; or (2) the percentage of its undergraduate
degree-seeking students who were enrolled on at least a half-time basis
and received Federal Pell Grants exceeded the median percentage of
undergraduate degree students who were enrolled on at least a half-time
basis and received Federal Pell Grants at comparable institutions that
offer similar instruction.
To qualify under the second criterion, an institution's Federal
Pell Grant percentage for base year 2021-2022 must be more than the
median for its category of comparable institutions provided in the
2021-2022 Median Pell Grant and Average Core Expenses per FTE Student
Table in this notice. If your institution qualifies only under the
first criterion, you must submit an application containing the data
necessary to satisfy the first criterion (showing at least 50 percent
of your degree-seeking students received financial assistance under one
of several Federal student aid programs (the Federal Pell Grant, FSEOG,
or FWS programs)), since these data are not available in IPEDS.
``Enrollment of Needy Students'' for purposes of the Part A PBI
program is separately defined in section 318(b)(2) of the HEA, and for
purposes of the Part F PBI program is defined in section 371(c)(3) of
the HEA.
Core Expenses per FTE Student: For each of the following programs,
an institution should compare its base year 2021-2022 Core Expenses per
FTE student to the average Core Expenses per FTE student for its
category of comparable institutions using the 2021-2022 Median Pell
Grant and Average Core Expenses per FTE Student Table in this notice:
title III, Part A SIP; Part A ANNH; Part A PBI; Part A NASNTI; Part A
AANAPISI; title III, Part F HSI STEM and Articulation; Part F PBI; Part
F ANNH; Part F NASNTI; Part F AANAPISI; title V, Part A HSI; and title
V, Part B PPOHA. An institution satisfies this program eligibility
requirement if its Core Expenses for the 2021-2022 base year are less
than the average Core Expenses of its comparable institutional
category.
Core Expenses are defined as the total expenses for the essential
education activities of the institution. Core Expenses for public
institutions reporting under the Governmental Accounting Standards
Board (GASB) requirements include expenses for instruction, research,
public service, academic support, student services, institutional
support, operation and maintenance of plant, depreciation, scholarships
and fellowships, interest, and other operating and non-operating
expenses. Core Expenses for institutions reporting under the Financial
Accounting Standards Board (FASB) standards (primarily private, not-
for-profit, and for-profit institutions) include expenses for
instruction, research, public service, academic support, student
services, institutional support, net grant aid to students, and other
expenses. Core Expenses do not include Federal student aid for the
purposes of eligibility. For both FASB and GASB institutions, Core
Expenses do not include expenses for auxiliary enterprises (e.g.,
bookstores, dormitories), hospitals, and independent operations.
The following table identifies base year 2021-2022 median Federal
Pell Grant percentages and average Core Expenses per FTE student for
the four categories of comparable institutions:

------------------------------------------------------------------------
Base year 2021- Base year 2021-
2022 Median Pell 2022 average core
Type of institution grant percentage expenses per
FTE student
------------------------------------------------------------------------
2-year Public Institutions........ 44 $19,274
2-year Nonprofit Private 52 17,273
Institutions.....................
4-year Public Institutions........ 37 37,667
4-year Nonprofit Private 36 46,779
Institutions.....................
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Waiver Information: Institutions that do not meet the needy student
enrollment requirement or the Core Expenses per FTE requirement may
apply to the Secretary for a waiver of these requirements, as described
in sections 392 and 522 of the HEA, and in the implementing regulations
at 34 CFR 606.3(b), 606.4(c) and (d), 607.3(b), and 607.4(c) and (d).
Institutions requesting a waiver of the needy student enrollment
requirement or the Core Expenses per FTE requirement must include in
their application detailed evidence supporting the waiver request, as
described in the instructions for completing the application.
The regulations governing the Secretary's authority to grant a
waiver of the needy student requirement refer to ``low-income''
students or families, at 34 CFR 606.3(b)(2) and (3) and 607.3(b)(2) and
(3). The regulations at 34 CFR 606.3(c) and 607.3(c) define ``low-
income'' as an amount that does not exceed 150 percent of the amount
equal to the poverty level, as established by the U.S. Census Bureau.

[[Page 3919]]

For purposes of this waiver provision, the following table sets
forth the low-income levels (at 150 percent) for various family sizes:

2022 Annual Low-Income Levels
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Family income for
the 48 contiguous
Size of family unit states, DC, and Family income Family income
outlying for Alaska for Hawaii
jurisdictions
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1.......................................................... $20,385 $25,485 $23,445
2.......................................................... 27,465 34,335 31,590
3.......................................................... 34,545 43,185 39,735
4.......................................................... 41,625 52,035 47,880
5.......................................................... 48,705 60,885 56,025
6.......................................................... 55,785 69,735 64,170
7.......................................................... 62,865 78,585 72,315
8.......................................................... 69,945 87,435 80,460
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Note: We use the 2022 annual low-income levels because those are
the amounts that apply to the family income reported by students
enrolled for the fall 2021 semester. For family units with more than
eight members, add the following amount for each additional family
member: $7,080 for the contiguous 48 States, the District of Columbia,
and outlying jurisdictions; $8,850 for Alaska; and $8,145 for Hawaii.
The figures shown under family income represent amounts equal to
150 percent of the family income levels established by the U.S. Census
Bureau for determining poverty status. The poverty guidelines were
published on January 21, 2022, in the Federal Register by the U.S.
Department of Health and Human Services (87 FR 3315), with an effective
date of January 12, 2022.
Information about ``metropolitan statistical areas'' referenced in
34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained at: <a href="https://www.census.gov/programs-surveys/metro-micro/geographies/reference-maps.html">https://www.census.gov/programs-surveys/metro-micro/geographies/reference-maps.html</a>.
Electronic Submission of Waiver Applications: If your institution
does not appear in the eligibility system as eligible for a program to
which you seek to apply, you must apply for a waiver of the eligibility
requirements. To request a waiver, you must upload a narrative at
<a href="https://HEPIS.ed.gov/">https://HEPIS.ed.gov/</a>.
Exception to the Electronic Submission Requirement: We discourage
paper applications, but if electronic submission is not possible (e.g.,
you do not have access to the internet), you must provide a written
statement that you intend to submit a paper application. This written
statement must be postmarked no later than two weeks before the
application deadline date (14 calendar days or, if the 14th calendar
day before the application deadline date falls on a weekend or Federal
holiday, the next business day following the weekend or Federal
holiday).
Please send this statement to the person listed in the FOR FURTHER
INFORMATION CONTACT section of this notice.
If you submit a paper application, you must mail your application,
on or before the application deadline date, to the Department at the
following address: U.S. Department of Education, Attention: Jason
Cottrell, 400 Maryland Avenue SW, Room 5C122, Washington, DC 20202.
You must show proof of mailing consisting of one of the following:
(1) A legibly dated U.S. Postal Service postmark.
(2) A legible mail receipt with the date of mailing stamped by the
U.S. Postal Service.
(3) A dated shipping label, invoice, or receipt from a commercial
carrier.
(4) Any other proof of mailing acceptable to the Secretary of the
U.S. Department of Education.
If you mail your application through the U.S. Postal Service, we do
not accept either of the following as proof of mailing:
(1) A private metered postmark.
(2) A mail receipt that is not dated by the U.S. Postal Service.
Note: The U.S. Postal Service does not uniformly provide a dated
postmark. Before relying on this method, you should check with your
local post office.
We will not consider applications postmarked after the application
deadline date.
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 82, 84,
86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines
to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)
in 2 CFR 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR part
200, as adopted and amended as regulations of the Department in 2 CFR
part 3474. (d) The regulations for certain title III programs in 34 CFR
part 607, and for the HSI program in 34 CFR part 606. (e) The notice of
final requirements for the PPOHA program published in the Federal
Register on July 27, 2010 (75 FR 44056).
Note: The regulations in 34 CFR part 79 apply to all applicants
except federally recognized Indian Tribes.
Note: The regulations in 34 CFR part 86 apply to institutions of
higher education only.
Note: There are no program-specific regulations for the Part A PBI,
Part A NASNTI, and Part A AANAPISI programs or any of the title III,
part F programs. Also, the HEA has been amended since the Department
last issued regulations for programs established under titles III and V
of that statute. Accordingly, we encourage each potential applicant to
read applicable sections of the HEA to fully understand all applicable
program eligibility requirements.

II. Other Information

Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package 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.

[[Page 3920]]

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.

Nasser H. Paydar,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2024-00707 Filed 1-19-24; 8:45 am]
BILLING CODE 4000-01-P

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