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The Secretary gives notice to institutions of higher education of the deadline for an institution to submit a written request for a waiver of the statutory requirement that an institution shall use at least 5 percent of its total FWS Federal funds grante

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PublicationDate: 9/11/96
FRPart:
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PageNumbers: 47902
Summary: The Secretary gives notice to institutions of higher education of the deadline for an institution to submit a written request for a waiver of the statutory requirement that an institution shall use at least 5 percent of its total FWS Federal funds granted for the 1996-97 award year (July 1, 1996 through June 30, 1997) to compensate students employed in community service jobs.
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[Federal Register: September 11, 1996 (Volume 61, Number 177)]
[Notices]
[Page 47902]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se96-70]

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DEPARTMENT OF EDUCATION

Office of Postsecondary Education; Federal Work-Study Programs

AGENCY: Department of Education.

ACTION: Notice of the closing date for institutions to submit a request
for a waiver of the requirement that an institution shall use at least
5 percent of the total amount of its Federal Work-Study (FWS) Federal
funds granted for the 1996-97 award year to compensate students
employed in community service jobs.

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SUMMARY: The Secretary gives notice to institutions of higher education
of the deadline for an institution to submit a written request for a
waiver of the statutory requirement that an institution shall use at
least 5 percent of its total FWS Federal funds granted for the 1996-97
award year (July 1, 1996 through June 30, 1997) to compensate students
employed in community service jobs.

DATES: Closing Date for submitting a Waiver Request and any Supporting
Information or Documents: October 18, 1996. An institution must mail or
hand-deliver its waiver request and any supporting information or
documents on or before October 18, 1996. The Department will not accept
a waiver request submitted by facsimile transmission. The waiver
request must be submitted to the Institutional Financial Management
Division at one of the addresses indicated below.

ADDRESSES: Waiver Request and any Supporting Information or Documents
Delivered by Mail. The waiver request and any supporting information or
documents delivered by mail must be addressed to Ms. JoAnn Pease,
Institutional Financial Management Division, U.S. Department of
Education, P.O. Box 23781, Washington, D.C. 20026-0781.
An applicant must show proof that the applicant mailed its waiver
request by October 18, 1996. Proof of mailing consists of one of the
following: (1) A legible mail receipt with the date of mailing stamped
by the U.S. Postal Service, (2) a legibly dated U.S. Postal Service
postmark, (3) a dated shipping label, invoice, or receipt from a
commercial carrier, or (4) any other proof of mailing acceptable to the
U.S. Secretary of Education.
If a waiver request is sent through the U.S. Postal Service, the
Secretary does 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. An institution should note that the U.S.
Postal Service does not uniformly provide a dated postmark. Before
relying on this method, an institution should check with its local post
office. An institution is encouraged to use certified or at least
first-class mail. Institutions that submit waiver requests and any
supporting information or documents after the closing date will not be
considered for a waiver.
Waiver Requests and any Supporting Information or Documents
Delivered by Hand. A waiver request and any supporting information or
documents delivered by hand must be taken to Ms. JoAnn Pease, Campus-
Based Financial Operations Branch, Institutional Financial Management
Division, Accounting and Financial Management Service, Student
Financial Assistance Programs, U.S. Department of Education, Room 4714,
Regional Office Building 3, 7th and D Streets, S.W., Washington, D.C.
Hand-delivered waiver requests will be accepted between 8:00 a.m.
and 4:30 p.m. daily (Eastern time), except Saturdays, Sundays, and
Federal holidays. A waiver request for the 1996-97 award year that is
hand-delivered will not be accepted after 4:30 p.m. on October 18,
1996.

SUPPLEMENTARY INFORMATION: Under section 443(b)(2)(A) of the Higher
Education Act of 1965, as amended (HEA), an institution must use at
least 5 percent of the total amount of its FWS Federal funds granted
for an award year to compensate students employed in community service.
The Secretary may waive this requirement if the Secretary determines
that enforcing it would cause hardship for students at the institution.
The institution must submit a written waiver request and any supporting
information or documents by the established October 18, 1996 closing
date.
The waiver request must be signed by an appropriate institutional
official and above the signature the official must include the
statement: ``I certify that the information the institution provided in
this waiver request is true and accurate to the best of my knowledge. I
understand that the information is subject to audit and program review
by representatives of the Secretary of Education.'' If the institution
submits a waiver request and any supporting information or documents
after October 18, 1996, the request will not be considered.
To receive a waiver, an institution must demonstrate that complying
with the 5 percent requirement would cause hardship for students at the
institution. To allow flexibility to consider factors that may be valid
reasons for a waiver, the Secretary is not specifying the specific
circumstances that would support granting a waiver. However, the
Secretary does not foresee many instances in which a waiver will be
granted. The fact that it may be difficult for the institution to
comply with this provision of the HEA is not a basis for granting a
waiver.

Applicable Regulations

The following regulations apply to the Federal Work-Study program:
(1) Student Assistance General Provisions, 34 CFR Part 668.
(2) Federal Work-Study Programs, 34 CFR Part 675.
(3) Institutional Eligibility Under the Higher Education Act of
1965, as amended, 34 CFR Part 600.
(4) New Restrictions on Lobbying, 34 CFR Part 82.
(5) Government Debarment and Suspension (Nonprocurement) and
Government Requirements for Drug-Free Workplace (Grants), 34 CFR Part
85.
(6) Drug-Free Schools and Campuses, 34 CFR Part 86.

FOR FURTHER INFORMATION CONTACT: To receive information, contact Ms.
JoAnn Pease, Institutional Financial Management Division, U.S.
Department of Education, P.O. Box 23781, Washington, D.C. 20026-0781.
Telephone (202) 708-9797. Individuals who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern
time, Monday through Friday.

(Authority: 42 U.S.C. 2753).

(Catalog of Federal Domestic Assistance Number: 84.033 Federal Work-
Study Program)

Dated: August 30, 1996.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
[FR Doc. 96-23214 Filed 9-10-96; 8:45 am]
BILLING CODE 4000-01-P




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Last Modified: 06/24/1998