(GENERAL-22-05) Updated Designation of Entity under Section 483(a)(3)(E) of the Higher Education Act and Institution of Higher Education (IHE) Guidance

Author
Federal Student Aid
Electronic Announcement ID
GENERAL-22-05
Subject
Updated Designation of Entity under Section 483(a)(3)(E) of the Higher Education Act and Institution of Higher Education (IHE) Guidance

The U.S. Department of Education (ED) has designated the Federal Communication Commission (FCC) under section 483(a)(3)(E) of the Higher Education Act of 1965, as amended (HEA), as entities that may use Free Application for Federal Student Aid (FAFSA®) data. Under Section 483(a)(3)(E) of the HEA, data collected through the FAFSA may only be used for the application, award, and administration of HEA, Title IV program aid, State aid, or aid awarded by eligible institutions or entities designated by ED.

FCC Designation

The Infrastructure Investment and Jobs Act allocated $14.2 billion for the Affordable Connectivity Program (ACP) in response to the ongoing COVID-19 pandemic. The aim of this program is to connect low-income households, especially households with school-aged children, to broadband networks at affordable rates. In an effort to inform the higher education community and postsecondary education students of this benefit, ED designated FCC as an entity that supports the awarding of a federal benefit program (aid) in the form of the ACP for the purpose of receiving certain data from the FAFSA.

The FAFSA data, specifically the receipt of the Federal Pell Grant, along with the FAFSA applicant’s email address, can be used to communicate with students about their possible eligibility for the ACP benefit.

This Electronic Announcement informs the community about ED’s designation of the FCC. ED previously designated the FCC under the Emergency Broadband Benefit (EBB) program. The Infrastructure Investment and Jobs Act made updates to the program, which is now the ACP. (This updated designation of the FCC references this new name for the program, ACP.)

To help eligible students to access funds available under ACP, broadband providers may accept an email communication from ED to applicable students as documentation to verify receipt of the Federal Pell Grant in the 2020-21 or 2021-2022 award year. Alternatively, a student may provide a broadband provider a screenshot from the student’s StudentAid.gov profile that displays their receipt of the Federal Pell Grant or other means as determined by the IHE to serve as documentation that student received a Federal Pell Grant for the respective award year during which the COVID-19 pandemic occurred.

Institutional Guidance

The designation permits IHEs to use FAFSA data to aid in the administration of the FCC’s ACP. However, institutions should limit FAFSA data use to only what is necessary to help eligible students access ACP (e.g., name and/or email to inform their student population about eligibility for the program and verification of a student’s receipt of the Federal Pell Grant). ED encourages IHEs to coordinate with campus stakeholders to inform their student population of this benefit during the COVID-19 emergency; especially knowing that students seeking assistance are likely facing technological limitations exacerbated by pandemic-related facility closures. IHEs should take steps to ensure the process to access resources and provide verification of recipient of the Federal Pell Grant are not made overly burdensome because of that same lack of broadband and technological resources.

Note: The Affordable Connectivity Program is entirely separate from the Federal Communication Commission’s (Commission or FCC) Universal Service Fund and its programs to bring broadband to rural areas; schools and libraries; rural healthcare facilities; and low-income households.