Department of Education October 2022 – Federal Register Recent Federal Regulation Documents
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Pell Grants for Prison Education Programs; Determining the Amount of Federal Education Assistance Funds Received by Institutions of Higher Education (90/10); Change in Ownership and Change in Control
The Secretary amends regulations for the Federal Pell Grant program (Pell Grants or Pell), institutional eligibility, and student assistance general provisions. First, we amend the regulations for Federal Pell Grants for prison education programs (PEPs), to implement new statutory requirements to establish Pell Grant eligibility for a confined or incarcerated individual enrolled in a PEP to implement the statutory change in the Consolidated Appropriations Act, 2021. Second, we amend the Title IV Revenue and Non-Federal Education Assistance Funds regulations (referred to as ``90/10'' or the ``90/10 Rule'') to implement the statutory change in the American Rescue Plan Act of 2021 (ARP). We further amend which non-Federal funds can be counted when determining compliance with the 90/10 rule to align allowable non- Federal revenue more closely with statutory intent. Finally, we amend regulations to clarify the process for consideration of changes in ownership and control (CIO), to promote compliance with the Higher Education Act of 1965, as amended (HEA), and related regulations and reduce risk for students and taxpayers, as well as institutions contemplating or undergoing such a change.
Agency Information Collection Activities; Comment Request; National Evaluation of Title III Implementation
In accordance with the Paperwork Reduction Act of 1995, ED is proposing a new information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; GEPA Section 427 Guidance for All Grant Applications
In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of a currently approved information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; 2024 Teaching and Learning International Survey (TALIS 2024) International Field Test Questionnaire Revision
In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of a currently approved information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Study of the Impact of English Learner Reclassification Policies
In accordance with the Paperwork Reduction Act of 1995, ED is proposing a new collection.
Agency Information Collection Activities; Comment Request; School Pulse Panel 2023-24 Preliminary Field Activities
In accordance with the Paperwork Reduction Act of 1995, ED is proposing a new information collection.
Meeting; National Assessment Governing Board
This notice sets forth the agenda, time, and instructions to access or participate in the National Assessment Governing Board (hereafter referred to as Governing Board or Board) meetings scheduled for November 16-18, 2022 in Washington DC. This notice provides information about the meetings to members of the public who may be interested in attending the meetings and/or providing written comments related to the work of the Governing Board. Notice of the meetings is required under Section 10(a)(2) of the Federal Advisory Committee Act (FACA).
Applications for New Awards; Digital Learning Infrastructure and IT Modernization Pilot
The Department of Education (Department) is issuing a notice inviting applications for fiscal year (FY) 2022 for the Digital Learning Infrastructure and IT Modernization Pilot, Assistance Listing Number 84.116L. This notice relates to the approved information collection under OMB control number 1894-0006.
Third-Party Access to the Department's Information Technology Systems and Notice of Criminal Penalties for Misuse of Access Devices; Correction
On September 10, 2021, the Department of Education (Department) published in the Federal Register a notice announcing Third-Party Access to the Department's Information Technology Systems and Notice of Criminal Penalties for Misuse of Access Devices. This notice clarifies language in that notice that describes the revocation of access if a user has a Title IV loan that goes into default. All other information in the September 10, 2021, Federal Register notice, remains the same.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Generic Clearance for Federal Student Aid Customer Satisfaction Surveys and Focus Groups Master Plan
In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension without change of a currently approved collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; National Teacher and Principal Survey of 2023-2024 (NTPS 2023-24) Preliminary Field Activities
In accordance with the Paperwork Reduction Act of 1995, ED is proposing revision of a currently approved collection.
Agency Information Collection Activities; Comment Request; Form for Maintenance of Effort Waiver Requests
In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension without change of a currently approved collection.
Agency Information Collection Activities; Comment Request; Federal Student Aid User Experience Design Research Generic Clearance
In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension without change of a currently approved collection.
Student Assistance General Provisions, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program; Student Assistance General Provisions, The Secretary's Recognition of Accrediting Agencies, The Secretary's Recognition Procedures for State Agencies; Distance Education and Innovation; Corrections
The Department of Education (Department or we) corrects the text in regulations issued under the Higher Education Act of 1965, as amended (HEA) and published in the Federal Register on: September 23, 2019, for provisions relating to Borrower Defense to Repayment and Financial Responsibility; November 1, 2019, for provisions relating to Accreditation, State Authorization, and the Student Assistance General Provisions; and September 2, 2020, for provisions relating to Distance Education and Innovation, Institutional Eligibility, and the Student Assistance General Provisions.
Agency Information Collection Activities; Comment Request; Independent Living Services for Older Individuals Who Are Blind Annual Report (7-OB)
In accordance with the Paperwork Reduction Act of 1995, ED is proposing revision of a currently approved collection.
Membership of the Performance Review Board
The Secretary publishes a list of persons who may be named to serve on the Performance Review Board that oversees the evaluation of performance appraisals for Senior Executive Service members of the Department of Education (Department).
Agency Information Collection Activities; Comment Request; Accrediting Agencies Reporting Activities for Institutions and Programs-Database of Accredited Postsecondary Institution and Programs (DAPIP)
In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension without change of a currently approved collection.
Agency Information Collection Activities; Comment Request; State and Local Educational Agency Record and Reporting Requirements Under Part B of the Individuals With Disabilities Education Act
In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension without change of a currently approved collection.
Reopening; Application for Selection as a Performance Partnership Pilot; Performance Partnership Pilots for Disconnected Youth (P3)
On August 8, 2022, the Department of Education (Department) published in the Federal Register a notice inviting applications (NIA) for selection as a performance partnership pilot for fiscal year (FY) 2022 under the Performance Partnership Pilots for Disconnected Youth (P3) authority. The NIA established a deadline date of October 7, 2022, for transmittal of applications. For eligible applicants that are affected applicants (as defined in Eligibility below) located in Puerto Rico, portions of Alaska with declared disaster designations caused by ex-Typhoon Merbok, and areas covered by a Presidential major disaster or emergency declaration resulting from Hurricane Ian, which includes Florida, the Seminole Tribe of Florida, North Carolina, and South Carolina, this notice reopens this competition to allow more time for the preparation and submission of applications by eligible applicants. The Department also extends the deadline for intergovernmental review until December 21, 2022.
Agency Information Collection Activities; Comment Request; Federal Student Loan Debt Relief Application and Verification Forms Request
In accordance with the Paperwork Reduction Act of 1995, the Department requested the Office of Management and Budget (OMB) to conduct an emergency review of a new information collection and is now requesting an extension.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Impact Aid Program-Application for Section 7002 Assistance
In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension without change of a currently approved collection.
Reopening; Applications for New Awards; Promise Neighborhoods Program
On June 29, 2022, the Department of Education (Department) published in the Federal Register a notice inviting applications (NIA) for the fiscal year (FY) 2022 Promise Neighborhoods competition, Assistance Listing Number 84.215N. The NIA established a deadline date of September 27, 2022, for transmittal of applications, which was subsequently extended until October 7, 2022. This notice reopens this competition to allow more time for the preparation and submission of applications by eligible applicants that are affected applicants (as described in Eligibility below), located in Puerto Rico, portions of Alaska covered by a Presidential major disaster declaration, and areas under a Presidential major disaster or emergency declaration resulting from Hurricane Ian, which includes Florida, the Seminole Tribe of Florida, North Carolina, and South Carolina.
Agency Information Collection Activities; Comment Request; Annual State Application Under Part B of the Individuals With Disabilities Act as Amended in 2004
In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension without change of a currently approved collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Application To Participate in Federal Student Financial Aid Programs (PEPS)
In accordance with the Paperwork Reduction Act of 1995, ED is proposing a new collection.
Federal Student Aid Programs (Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program)
The Secretary of Education (Secretary) is issuing updated waivers and modifications of statutory and regulatory provisions governing the Federal student financial aid programs under the authority of the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act or Act). The waivers and modifications in this document apply only to the national emergency concerning the coronavirus disease 2019 (COVID-19 pandemic).
Applications for New Awards; Lead of a Career and Technical Education (CTE) Network: Research Networks Focused on Critical Problems of Education Policy and Practice Program; Correction
On August 19, 2022, we published in the Federal Register a notice inviting applications for the Lead of a Career and Technical Education (CTE) Network under the fiscal year (FY) 2023 Research Networks Focused on Critical Problems of Education Policy and Practice Grant Program (NIA), Assistance Listing Number (ALN) 84.305N. We are correcting this NIA to add ``the significance of the application'' to the selection criteria that peer reviewers are asked to use in evaluating applications received under this competition. We are also clarifying that the project period for the Lead is 60 months. All other information in the NIA remains the same.
Reopening; Applications for New Awards; Augustus F. Hawkins Centers of Excellence Program
On August 23, 2022, the Department of Education (Department) published in the Federal Register a notice inviting applications (NIA) for new awards for fiscal year (FY) 2022 for the Augustus F. Hawkins Centers of Excellence (Hawkins) Program, Assistance Listing Number (ALN) 84.116K. The NIA established a deadline date of October 7, 2022, for the transmittal of applications. For eligible applicants that are affected applicants (as described in Eligibility below), located in Puerto Rico, portions of Alaska covered by a Presidential major disaster declaration, and areas under a Presidential major disaster or emergency declaration resulting from Hurricane Ian, which includes Florida, the Seminole Tribe of Florida, North Carolina, and South Carolina, this notice reopens this competition to allow more time for the preparation and submission of applications by eligible applicants.
Reopening; Application for New Awards; Basic Needs for Postsecondary Students Program
On August 2, 2022, the Department of Education (Department) published in the Federal Register a notice inviting applications (NIA) for new awards for fiscal year (FY) 2022 for the Basic Needs for Postsecondary Students (Basic Needs) Program, Assistance Listing Number 84.116N. This notice reopens this competition to allow more time for the preparation and submission of applications by eligible applicants that are affected applicants (as described in Eligibility below), located in Puerto Rico, portions of Alaska covered by a Presidential major disaster declaration, and areas under a Presidential major disaster or emergency declaration resulting from Hurricane Ian, which includes Florida, the Seminole Tribe of Florida, North Carolina, and South Carolina.
Extension of Application Deadline Date; Applications for New Awards; Postsecondary Student Success Program
On August 12, 2022, the Department of Education (Department) published in the Federal Register a notice inviting applications (NIA) for new awards for fiscal year (FY) 2022 for the Postsecondary Student Success Program, Assistance Listing Number 84.116M. The NIA established a deadline date of October 11, 2022, for the transmittal of applications. For eligible applicants that are affected applicants (as described in Eligibility below), located in Puerto Rico, portions of Alaska covered by a Presidential major disaster declaration, and areas under a Presidential major disaster or emergency declaration resulting from Hurricane Ian, which includes Florida, the Seminole Tribe of Florida, North Carolina, and South Carolina, this notice extends the deadline date for transmittal of applications until October 18, 2022.
Extension of Application Deadline Date; Applications for New Awards; Project Prevent Program
On August 19, 2022, the Department of Education (Department) published in the Federal Register a notice inviting applications (NIA) for the fiscal year (FY) 2022 Project Prevent program competition, Assistance Listing Number 84.184M. The NIA established a deadline date of October 3, 2022, for the transmittal of applications. This notice extends the deadline date for transmittal of applications until October 5, 2022, and extends the deadline for intergovernmental review until December 9, 2022.
Lowering the Per-Unit Acquisition Cost for Equipment Acquired by State Licensing Agencies for the Benefit of the Randolph-Sheppard Vending Facility Program
The Department of Education (Department) is implementing an exception, approved by the Office of Management and Budget (OMB), to lower the per-unit acquisition cost for equipment acquired by State licensing agencies (SLAs) for the benefit of the Randolph-Sheppard Vending Facility Program (RSVFP). The per unit acquisition cost is lowered from the current $5,000 or the capitalization level established by the non-Federal entity for financial statement purposes to ``equal or exceed the lesser of $1,000 or the capitalization level established by the non-Federal entity for financial statement purposes.''
Final Priorities, Requirements, and Definitions-School-Based Mental Health Services Grant Program
The Department of Education (Department) announces final priorities, requirements, and definitions under the School-Based Mental Health Services (SBMH) Grant Program, Assistance Listing Number (ALN) 84.184H. We may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2022 and later years. These final priorities, requirements, and definitions are designed to direct funds to increase the number of credentialed school-based mental health services providers (as defined in 20 U.S.C. 7112(6)) in local educational agencies (LEAs) with demonstrated need (as defined in this document), in order to meet student mental health needs.
Final Priorities, Requirements, and Definitions-Mental Health Service Professional Demonstration Grant Program
The Department of Education (Department) announces final priorities, requirements, and definitions under the Mental Health Service Professional Demonstration Grant Program (MHSP), Assistance Listing Number 84.184X. We may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2022 and later years. These final priorities, requirements, and definitions are designed to allow the Department to provide competitive grants to support and demonstrate innovative partnerships between one or more high need local educational agencies (LEAs) (as defined in this notice,) or a State educational agency (SEA) on behalf of one or more high-need LEAs, and an eligible Institution of Higher Education (eligible IHEs) (as defined in this notice) to train school-based mental health services providers (services providers) for employment in schools and local educational agencies (LEAs). The goal of the program is to increase the number and diversity of high-quality, trained providers available to address the shortages of mental health services professionals in schools served by high-need LEAs.
Applications for New Awards; Mental Health Service Professional Demonstration Grant Program
The Department of Education (Department) is issuing a notice inviting applications for fiscal year (FY) 2022 for the Mental Health Service Professional (MHSP) Demonstration Grant Program, Assistance Listing Number 84.184x. OMB has approved the information collection related to this notice.
Applications for New Awards; School-Based Mental Health Services Grant Program
The Department of Education (Department) is issuing a notice inviting applications for fiscal year (FY) 2022 for the School-Based Mental Health Services (SBMH) Grant Program, Assistance Listing Number (ALN) number 84.184H. OMB has approved the information collection related to this notice.
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