RegPartsAffected: Citation : (R)675.26
Summary: The Secretary amends the regulations governing the Federal Work-Study (FWS) Program authorized under title IV of the Higher Education Act of 1965, as amended (title IV, HEA programs). The Secretary makes these changes in response to the President's ``America Reads Challenge'' by providing for an additional waiver of the FWS institutional-share requirement for tutors in a family literacy program that provides services to families with preschool age children or children who are in elementary school.
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[Federal Register: November 28, 1997 (Volume 62, Number 229)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
Department of Education
34 CFR Part 675
Federal Work-Study Programs; Final Rule
DEPARTMENT OF EDUCATION
34 CFR Part 675
Federal Work-Study Programs
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Final regulations.
SUMMARY: The Secretary amends the regulations governing the Federal
Work-Study (FWS) Program authorized under title IV of the Higher
Education Act of 1965, as amended (title IV, HEA programs). The
Secretary makes these changes in response to the President's ``America
Reads Challenge'' by providing for an additional waiver of the FWS
institutional-share requirement for tutors in a family literacy program
that provides services to families with preschool age children or
children who are in elementary school.
EFFECTIVE DATE: These regulations take effect on July 1, 1998.
FOR FURTHER INFORMATION CONTACT: Nancy Adams, U.S. Department of
Education, 600 Independence Avenue SW., Regional Office Building 3,
Room 3045, Washington, DC 20202-5447. Telephone: (202) 708-8242.
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.
Individuals with disabilities may obtain this document in an
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
Part 675--Federal Work-Study Programs
The Secretary is providing for an additional waiver of the FWS
institutional-share requirement in Sec. 675.26. The Secretary will
authorize a Federal share of up to 100 percent of the compensation
earned by a student during an award year if all of the following
criteria are met--
1. The work performed by the student is for the institution itself,
for a Federal, State, or local public agency, or for a private
nonprofit organization; and
2. The student is employed as a tutor in a family literacy program
that provides services to families with preschool age children or
children who are in elementary school. ``Preschool age children'' means
children from infancy to the time at which the State provides
This regulatory change will provide an institution with additional
flexibility needed to respond to the President's ``America Reads
Challenge,'' which is mobilizing resources to ensure that all children
can read independently and well by the end of the third grade. The
``America Reads Challenge'' seeks to reinforce the importance of skill-
building activities for children starting at infancy and of programs
that encourage and support parent or caregiver involvement in these
The Secretary previously added a waiver of the FWS institutional-
share requirement for reading tutors of children that is effective for
the 1997-98 award year. That previous change was made to provide
institutions with the flexibility necessary to respond to the ``America
Reads Challenge.'' The new FWS waiver will provide a greater ability
for institutions to help children achieve the reading goal by waiving
the FWS institutional-share requirement for tutors, working in family
literacy programs, who are providing literacy services to children from
infancy through elementary school, or to their parents or caregivers.
These literacy services may include helping parents or caregivers who
need assistance with their own literacy skills.
This new waiver for tutors working in family literacy programs is
based on research that shows that children whose parents work with them
on literacy skills during early childhood have a significantly better
chance of meeting the reading goal for children. Unfortunately, not all
parents or caregivers have the literacy skills necessary to work with
their children to ensure that each child has the proper foundation for
The Secretary is pleased with the positive feedback received from
many institutions indicating that they intend to use the FWS Program to
respond to the ``America Reads Challenge.'' This investment in our
youth is an investment in this country's future. The Secretary has also
received comments from organizations that focus on family literacy
indicating that the expansion of the waiver of the FWS institutional-
share requirement to tutors involved in family literacy programs is
very important in meeting the goal of children reading independently
and well by the end of the third grade. This regulatory change responds
to these requests.
The Secretary strongly encourages all institutions to employ FWS
students as reading tutors for children and as tutors in family
literacy programs that provide services to families with preschool age
children or children who are in elementary school. The placement of
students in these jobs is, in many instances, an important way for
institutions to meet the community service expenditure requirement
under the FWS Program, serve the needs of the community, and give the
FWS students a rewarding and enriching experience. The new waiver of
the FWS institutional-share requirement in Sec. 675.26 for tutors in
family literacy programs that provide services to families with
preschool age children or children who are in elementary school does
not require the institution to make a request for a waiver. Also, the
institution has the option of still providing an institutional share
and determining the amount of that share.
It is important to note that the Secretary continues the current
exceptions that authorize a Federal share of 100 percent of the
compensation earned by students employed as reading tutors of preschool
age children or children who are in elementary school as well as
students enrolled at eligible institutions under the Strengthening
Institutions Program, the Strengthening Historically Black Colleges and
Universities Program, or the Strengthening Historically Black Graduate
Goals 2000: Educate America Act
The Goals 2000: Educate America Act (Goals 2000) focuses the
Nation's education reform efforts on the eight National Education Goals
and provides a framework for meeting them. Goals 2000 promotes new
partnerships to strengthen schools and expands the Department's
capacities for helping communities to exchange ideas and obtain
information needed to achieve the goals.
These regulations address the National Education Goals that call
for increasing the rate at which students graduate from high school and
pursue high quality postsecondary education and for supporting life-
long learning. These regulations further address the National Education
Goal that every adult American will be literate and will possess the
knowledge and skills necessary to compete in a global economy and
exercise the rights and responsibilities of citizenship.
Executive Order 12866
These final regulations have been reviewed in accordance with
Executive order 12866. Under the terms of the order the Secretary has
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with the final regulations are those
resulting from statutory requirements and those determined by the
Secretary to be necessary for administering this program effectively
In assessing the potential costs and benefits--both quantitative
and qualitative--of these final regulations, the Secretary has
determined that the benefits of the final regulations justify the
Potential costs and benefits of the final regulations are discussed
elsewhere in this preamble under the following headings: Supplementary
Information and Goals 2000: Educate America Act.
Waiver of Proposed Rulemaking
In accordance with the Administrative Procedure Act (5 U.S.C. 553),
it is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations. However, the Secretary
is specifically authorized under section 443(b)(5) of the Higher
Education Act of 1965, as amended (42 U.S.C. 2753(b)(5)) to determine,
through the promulgation of regulations, that the Federal share of
compensation for FWS students may exceed 75 percent if required in
furtherance of the purposes of the program. The Secretary has made such
a determination in this case. Revising Sec. 675.26(d) will increase
institutional flexibility and help to meet an important educational
need for tutors in family literacy programs without imposing any burden
on the affected parties. For these reasons, the Secretary has
determined, pursuant to 5 U.S.C. 553(b)(B), that public comment on the
amendment to Sec. 675.26(d) is unnecessary and contrary to the public
Regulatory Flexibility Act Certification
The Secretary certifies that these regulations would not have a
significant economic impact on a substantial number of small entities.
Small entities affected by these regulations are small institutions of
The provisions of these regulations provide added flexibility to
institutions. Thus, no significant adverse economic impacts on small
entities are expected to occur.
Paperwork Reduction Act of 1995
These regulations have been examined under the Paperwork Reduction
Act of 1995 and have been found to contain no information collection
The Federal Work-Study Program is not subject to the requirements
of Executive Order 12372 and the regulations in 34 CFR part 79.
Assessment of Educational Impact
Based on its own review, the Department has determined that the
regulations in this document do not require transmission of information
that is being gathered by or is available from any other agency or
authority of the United States.
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Note: The official version of this document is the document
published in the Federal Register.
List of Subjects in 34 CFR Part 675
Loan programs--education, Student aid.
Dated: November 20, 1997.
Richard W. Riley,
Secretary of Education.
(Catalog of Federal Domestic Assistance Number: 84.033 Federal Work-
The Secretary amends chapter VI of Title 34 of the Code of Federal
Regulations as follows:
PART 675--FEDERAL WORK-STUDY PROGRAMS
1. The authority citation for part 675 continues to read as
Authority: 42 U.S.C. 2751-2756b, unless otherwise noted.
2. Section 675.26 is amended by revising paragraph (d) to read as
Sec. 675.26 FWS Federal share limitations.
* * * * *
(d) For each award year, the Secretary authorizes a Federal share
of 100 percent of the compensation earned by a student under this part
(1) The work performed by the student is for the institution
itself, for a Federal, State or local public agency, or for a private
nonprofit organization; and
(2)(i) The institution in which the student is enrolled--
(A) Is designated as an eligible institution under the
Strengthening Institutions Program (34 CFR part 607), the Strengthening
Historically Black Colleges and Universities Program (34 CFR part 608),
or the Strengthening Historically Black Graduate Institutions Program
(34 CFR part 609); and
(B) Requests that increased Federal share as part of its regular
FWS funding application for that year;
(ii) The student is employed as a reading tutor for preschool age
children or children who are in elementary school; or
(iii) The student is employed as a tutor in a family literacy
program that provides services to families with preschool age children
or children who are in elementary school.
[FR Doc. 97-31169 Filed 11-26-97; 8:45 am]
BILLING CODE 4000-01-P