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 requirement that an institution shall use at least 5 percent of its total FWS Federal funds granted for the

[Federal Register: February 3, 1995 (Volume 60, Number 23)]

[Notices]               

[Page 6705-6706]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr03fe95-38]



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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 1994-95 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 requirement that an institution shall use at least 5 

percent of its total FWS Federal funds granted for the 1994-95 award 

year (July 1, 1994 through June 30, 1995) to compensate students 

employed in community service jobs.


DATES: Closing Date for Submitting a Waiver Request and any Supporting 

Information or Documents. An institution that would like to request a 

waiver of the requirement that an institution use at least 5 percent of 

the total amount of its FWS Federal funds granted for the 1994-95 award 

year to compensate students employed in community service jobs, must 

mail or hand-deliver its waiver request and any supporting information 

or documents on or before March 6, 1995. The Department will not accept 

a waiver request submitted by facsimile transmission. The waiver 

request must be submitted to the Campus-Based Programs 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 Carolyn Short, 

Financial Management Specialist, Fund Control Branch, Campus-Based 

Programs Financial Management Division, Accounting and Financial 

Management Service, Student Financial Assistance Programs, U.S. 

Department of Education, Room 4621, Regional Office Building 3, 600 

Independence Avenue, S.W., Washington, D.C. 20202-5452. An applicant 

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 

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 Carolyn Short, Financial 

Management Specialist, Fund Control Branch, Campus-Based Programs 

Financial Management Division, Student Financial Assistance Programs, 

U.S. Department of Education, Room 4621, Regional Office Building 3, 

7th and D Streets SW., Washington, D.C. Hand-delivered waiver requests 

will be accepted between 8:00 a.m. and 4:30 p.m. (Eastern time) daily, 

except Saturdays, Sundays, and Federal holidays. A waiver request for 

the 1994-95 award year that is delivered by hand will not be accepted 

after 4:30 p.m. on the closing date.


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, 

except that the Secretary may waive this requirement if the Secretary 

determines that enforcing it would cause hardship for students at the 

institution. The institution must provide a written waiver request and 

any supporting information or documents by the established March 6, 

1995 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 the closing date, the request will not be 

considered.

    To receive a waiver, an institution must demonstrate that 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 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. [[Page 6706]] 

    (5) Governmentwide Debarment and Suspension (Nonprocurement) and 

Governmentwide Requirements for Drug-Free Workplace (Grants), 34 CFR 

part 85.

    (6) Drug-Free Schools and Campuses, 34 CFR part 86.


FOR FURTHER INFORMATION CONTACT: Carolyn Short, Financial Management 

Specialist, Fund Control Branch, Campus-Based Programs Financial 

Management Division, Accounting and Financial Management Service, 

Student Financial Assistance Programs, U.S. Department of Education, 

Room 4621, Regional Office Building 3, 600 Independence Avenue, S.W., 

Washington, D.C. 20202-5452, Telephone (202) 708-7741. 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. 2756(b)).

(Catalog of Federal Domestic Assistance Number: 84.033 Federal Work-

Study Program)


    Dated: January 31, 1995.

David A. Longanecker,

Assistant Secretary for Postsecondary Education.

[FR Doc. 95-2712 Filed 2-2-95; 8:45 am]

BILLING CODE 4000-01-P