[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Notices]
[Pages 77982-77985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32196]
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DEPARTMENT OF EDUCATION
Applications for Eligibility Designation; Programs Under Parts A
and F of Title III of the Higher Education Act of 1965, as Amended
(HEA), and Programs Under Title V of the HEA
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Notice.
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Overview Information:
Programs authorized under Part A, Title III of the HEA:
Strengthening Institutions Program (Part A SIP), Predominantly Black
Institutions (Part
[[Page 77983]]
A PBI), Native American-Serving Nontribal Institutions (Part A NASNTI),
and Asian American and Native American Pacific Islander-Serving
Institutions (Part A AANAPISI).
Programs authorized under Part F, Title III of the HEA: Hispanic-
Serving Institutions Stem and Articulation (Part F, title III HSI STEM
and Articulation), Predominantly Black Institutions (Part F PBI), and
Asian American and Native American Pacific Islander-Serving
Institutions (Part F AANAPISI).
Programs authorized under both parts A and F in title III of the
HEA: American Indian Tribally Controlled Colleges and Universities
(TCCU) (note that in Part F, the program is referred to as ``Tribal
Colleges or Universities''); Alaska Native and Native Hawaiian-Serving
Institutions (ANNH).
Programs authorized under Title V of the HEA: Developing Hispanic-
Serving Institutions (Title V HSI) and Promoting Postbaccalaureate
Opportunities for Hispanic Americans (PPOHA).
Notice inviting applications for designation as an eligible
institution for Fiscal Year (FY) 2012.
Dates:
Application Available: December 15, 2011.
Deadline for Transmittal of Applications: February 10, 2012, for an
institution that wishes to be designated as eligible to apply for a FY
2012 new grant under the Title III or Title V programs. March 9, 2012,
for an institution that wishes to apply only for cost-sharing waivers
under the Federal Supplemental Educational Opportunity Grant (FSEOG),
the Federal Work Study (FWS), the Student Support Services (SSS), or
the Undergraduate International Studies and Foreign Language (UISFL)
programs.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Programs
The Part A SIP, TCCU, ANNH, Part A PBI, Part A NASNTI, and Part A
AANAPISI programs are authorized under Title III, Part A, of the HEA.
Part F, Title III HSI STEM and Articulation, Part F PBI, and Part F
AANAPISI programs are authorized under Title III, Part F of the HEA.
The Title V HSI and PPOHA programs are authorized under Title V of the
HEA. Please note that certain programs in this notice have the same or
a similar name to another program that falls under a different
statutory authority. For this reason, we specify the statutory
authority as part of the acronym for certain programs.
Under the programs for which we are inviting applications for an
eligibility designation, institutions of higher education (``IHEs'' or
``institutions'') are eligible to apply for grants if they meet
specific statutory and regulatory eligibility requirements. An IHE that
is designated as an eligible institution may receive a waiver of
certain non-Federal cost-share requirements under the FSEOG program in
Part A, Title IV of the HEA; the FWS program in section 443 of Part C,
Title IV of the HEA; the SSS program in section 402D of Part A, Title
IV of the HEA; and the UISFL program in section 604 of Part A, Title VI
of the HEA. Qualified institutions may receive these waivers even if
they are not recipients of grant funds under the Title III or Title V
Programs.
Special Note: To qualify as an eligible institution under the
Parts A and F of Title III, HEA programs and Title V, HEA programs
listed in this notice, your institution must satisfy several
criteria. For most of these programs, this includes criteria that
relate to needy student enrollment and to average educational and
general (E&G) expenditures for a specified base year. The most
recent data available for E&G expenditures are for base year 2009-
2010. In order to award FY 2012 grants in a timely manner, we will
use this data to evaluate eligibility. Therefore, in completing your
eligibility application, please use E&G expenditure data from the
base year 2009-2010.
If you are designated as an eligible institution and you do not
receive a new award under the Title III or Title V Programs in FY 2012,
your eligibility for the non-Federal cost-share waiver under the FSEOG,
FWS, SSS, and UISFL programs is valid for five consecutive years. You
will not need to reapply for eligibility until 2017, unless you wish to
apply for a new Title III or Title V grant. All institutions interested
in applying for a new FY 2012 Title III or Title V grant or requesting
a waiver of the non-Federal cost share, must apply for eligibility
designation in FY 2012. Under the HEA, any institution interested in
applying for a grant under any of these programs must first be
designated as an eligible institution. (34 CFR 606.5 and 607.5).
Eligible Applicants
The eligibility requirements for the Part A of Title III, HEA
programs are in the statute and 34 CFR 607.2 through 607.5. The
regulations may be accessed at the following Web site:
www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html.
The eligibility requirements for the Part F of Title III, HEA
programs are in the statute. We are in the process of developing
regulations for these programs; there are currently no specific program
regulations.
The eligibility requirements for the Title V HSI Program are in
Part A of Title V of the HEA and 34 CFR 606.2 through 34 CFR 606.5. The
regulations may be accessed at the following Web site:
www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.
The requirements for the PPOHA Program are in Part B of Title V of
the HEA and the notice of final requirements published in the Federal
Register on July 27, 2010 (75 FR 44055) (PPOHA NFP). Among the
requirements established for the PPOHA Program in the PPOHA NFP are the
use of the regulations in 34 CFR 606.2(a) and (b), and 606.3 through
606.5.
Enrollment of Needy Students: For Part A SIP; TCCU; ANNH; Part A
NASNTI; Part A AANAPISI; Title III, Part F HSI STEM and Articulation;
Part F AANAPISI; Title V HSI; and PPOHA programs, an institution is
considered to have an enrollment of needy students if: (1) At least 50
percent of its degree students received financial assistance under one
or more of the following programs: Federal Pell Grant, FSEOG, FWS, or
the Federal Perkins Loan Programs; or (2) the percentage of its
undergraduate degree 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 this latter criterion, an institution's Federal
Pell Grant percentage for base year 2009-2010 must be more than the
median for its category of comparable institutions provided in the
2009-2010 Median Pell Grant and Average E&G Expenditures per full-time
equivalent (FTE) Student Table in this notice.
For the Part A PBI Program, see section 318(b)(2) of the HEA and
for the Part F PBI program see section 371(c)(9) for the definition of
``Enrollment of Needy Students.''
Educational and General Expenditures Per FTE Student: Under the
Part A SIP; TCCU; ANNH; Part A PBI; Part A NASNTI; Part A AANAPISI;
Title III, Part F HSI STEM and Articulation; Part F PBI Part F
AANAPISI; Title V HSI; and PPOHA programs, an institution should
compare its 2009-2010 average E&G expenditures per FTE student to the
average E&G expenditure per FTE student for its category of comparable
institutions contained in the 2009-2010 Median Pell Grant and Average
E&G Expenditures per FTE Student Table in this notice. The institution
meets this
[[Page 77984]]
eligibility requirement under these programs if its average E&G
expenditures for the 2009-2010 base years are less than the average for
its category of comparable institutions.
An institution's average E&G expenditures are the total amount it
expended during the base year for instruction, research, public
service, academic support including library expenditures, student
services, institutional support, operation and maintenance,
scholarships and fellowships, and mandatory transfers that the
institution is required to pay by law.
The following table identifies the relevant median Federal Pell
Grant percentages for the base year 2009-2010 and the relevant average
E&G expenditures per FTE student for the base year 2009-2010 for the
four categories of comparable institutions:
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2009-2010 Median 2009-2010 Average
Type of institution Pell Grant E&G expenditures
percentage per FTE student
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Two-year Public Institutions.... 32.3 $10,785
Two-year Non-profit Private 39.4 24,214
Institutions...................
Four-year Public Institutions... 30.1 28,831
Four-year Non-profit Private 31.0 45,760
Institutions...................
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Waiver Information: IHEs that are unable to meet the needy student
enrollment requirement or the average E&G expenditures requirement may
apply to the Secretary for waivers of these requirements, as described
in sections 392 and 522 of the HEA, 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 average E&G expenditures requirement must include in
their application detailed information supporting the waiver request,
as described in the instructions for completing the application.
The regulations governing the Secretary's authority to waive the
needy student requirement, 34 CFR 606.3(b)(2) and (3) and 607.3(b)(2)
and (3), refer to ``low-income'' students or families. 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. Bureau of the Census.
For the purposes of this waiver provision, the following table sets
forth the low-income levels for the various sizes of families:
2009 Annual Low-Income Levels
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Family income for
the 48 contiguous
Size of family unit States, DC, and Family income for Family income for
outlying Alaska Hawaii
jurisdictions
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1................................................... $16,245 $20,295 $18,690
2................................................... 21,855 27,315 25,140
3................................................... 27,465 34,335 31,590
4................................................... 33,075 41,355 38,040
5................................................... 38,685 48,375 44,490
6................................................... 44,295 55,395 50,940
7................................................... 49,905 62,415 57,390
8................................................... 55,515 69,435 63,840
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Note: The 2009 annual low-income levels are being used because
those are the amounts that apply to the family income reported by
students enrolled for the fall 2009 semester. For family units with
more than eight members, add the following amount for each
additional family member: $5,610 for the contiguous 48 States, the
District of Columbia, and outlying jurisdictions; $7,020 for Alaska;
and $6,450 for Hawaii.
The figures shown under family income represent amounts equal to
150 percent of the family income levels established by the U.S. Bureau
of the Census for determining poverty status. The poverty guidelines
were published by the U.S. Department of Health and Human Services in
the Federal Register on January 23, 2009 (74 FR 4199).
The information about ``metropolitan statistical areas'' referenced
in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained by requesting the
Metropolitan Statistical Areas, 1999 Publication, Order Number PB99-
501538, from the National Technical Information Service, Document
Sales, 5301 Shawnee Road, Alexandria, VA 22312, telephone number: 1-
800-553-6847. There is a charge for this publication.
Electronic Submission of Applications
Applications for designation of eligibility must be submitted
electronically using the following Web site: https://opeweb.ed.gov/title3and5/.
To enter the Web site, you must use your institution's unique 8-
digit identifier, i.e., your Office of Postsecondary Education
Identification Number (OPE ID Number). Your business office or student
financial aid office should have the OPE ID Number. If not, contact the
Department using the email addresses of the contact persons listed in
this notice under For Applications and FOR FURTHER INFORMATION CONTACT.
You will find detailed instructions for completing the application form
electronically under the ``eligibility 2012'' link at either of the
following Web sites: http://www.ed.gov/programs/iduestitle3a/index.html
or http://www.ed.gov/hsi.
If your institution is unable to meet the needy student enrollment
requirement or the average E&G expenditure requirement and wishes to
request a waiver of one or both of these requirements, you must
complete your designation application form electronically and transmit
your waiver request narrative document from the
[[Page 77985]]
following Web site: https://opeweb.ed.gov/title3and5/.
Exception to the Electronic Submission Requirement: You may qualify
for an exception to the electronic submission requirement and may
submit your application in paper format if you are unable to submit an
application electronically because--
You do not have access to the Internet; or
You do not have the capacity to upload documents to the
Web site; and
No later than two weeks before the application deadline
date (14 calendar days; or, if the fourteenth calendar day before the
application deadline date falls on a Federal holiday, the next business
day following the Federal holiday), you mail or fax a written statement
to the Department, explaining which of the two grounds for an exception
prevent you from using the Internet to submit your application. If you
mail your written statement to the Department, it must be postmarked no
later than two weeks before the application deadline date. If you fax
your written statement to the Department, we must receive the faxed
statement no later than two weeks before the application deadline date.
Address and mail or fax your statement to: Darlene B. Collins, U.S.
Department of Education, 1990 K Street NW., room 6033, Washington, DC
20006-8513. Fax: (202) 502-7861.
Your paper application must be submitted in accordance with the
mail or hand delivery instructions described in this notice.
Submission of Paper Applications by Mail
If you qualify for an exception to the electronic submission
requirement, you may mail (through the U.S. Postal Service or a
commercial carrier) your application to the Department. You must mail
(using the U.S. Postal Service or commercial carrier) the application,
on or before the application deadline date, to the Department at the
following address: Darlene B. Collins, U.S. Department of Education,
1990 K Street, NW., Room 6033, Washington, DC 20006-8513.
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; or
(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; or
(2) A mail receipt that is not dated by the U.S. Postal Service.
If your application is postmarked after the application deadline
date, we will not consider your application.
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.
Submission of Paper Applications by Hand Delivery
If you qualify for an exception to the electronic submission
requirement, you (or a courier service) may deliver your paper
application to the Department by hand. You must deliver the
application, on or before the application deadline date, to the
Department at the following address: Darlene B. Collins, U.S.
Department of Education, 1990 K Street NW., Room 6033, Washington, DC
20006-8513.
Hand delivered applications will be accepted daily between 8 a.m. and
4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal
holidays.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 82, 84, 85,
86, 97, 98, and 99. (b) The regulations for the Title III Programs in
34 CFR part 607, and for the HSI Program in 34 CFR part 606. (c) The
notice of final requirements for the PPOHA Program, published in the
Federal Register on July 27, 2010 (75 FR 44055).
Note: There are no program-specific regulations for the Part A
AANAPISI, Part A NASNTI, and Part A PBI programs or any of the Part
F, title III programs. Also, there have been amendments to the HEA
since we last issued regulations for the programs established under
titles III and V of the statute. Accordingly, we encourage each
potential applicant to read the applicable sections of the HEA in
order to fully understand the eligibility requirements for the
program for which they are applying. Please note we are in the
process of amending the title III and title V regulations. These
updated regulations will include regulations for Part A AANAPISI,
Part A NASNTI, and Part A PBI programs, as well as the Part F, title
III programs.
For Applications and FURTHER INFORMATION CONTACT: Kelley Harris or
Carnisia Proctor, Institutional Service, U.S. Department of Education,
1990 K Street NW., room 6033, Request for Eligibility Designation,
Washington, DC 20006-8513.
You can contact these individuals at the following email addresses
or phone numbers: [email protected], (202) 219-7083,
[email protected], (202) 502-7606.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Individuals with disabilities can obtain this document in an
accessible format (e.g., braille, large print, audio tape, or compact
disc) on request to one of the contact persons listed in this section.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. 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 Adobe 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:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Program Authority: 20 U.S.C. 1057-1059g, 1067q, 1068a, and
1101-1103g.
Dated: December 9, 2011.
Eduardo M. Ochoa,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2011-32196 Filed 12-14-11; 8:45 am]
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