As such, we find that the overarching intent of these two provisions was to support students, whether or not they are eligible to participate in title IV aid programs, and that a more plain text reading of the CARES Act leads to the conclusion that the term students, means all students. To use PDF, you must have Adobe Acrobat Reader, which is available for free on the site. Section 18004 of the CARES Act establishes the HEERF and instructs the Secretary to allocate funding to eligible IHEs in connection with the COVID-19 outbreak. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. 06/02/2023, 863 Email: HEERF@ed.gov. For these reasons, the commenters urged the Department to immediately withdraw the IFR. The Make an Impact Fund provides emergency financial assistance to students when no other funding sources are available. 1611(a), from receiving any Federal public benefit, and this prohibition applies [n]otwithstanding any other provision of law[,] unless certain other exceptions are met under 8 U.S.C. . CRRSAA website,[15] According to one commenter, this position was more logical and consistent with the CARES Act and other funding, but it was reversed by the IFR without displaying awareness of the change or explaining it. The Department considered a number of factors in reaching this conclusion. If you are or were enrolled in the Fall 2021 semester, complete and submit theFall 2021 HEERF III American Relief application to be considered for emergency grant funding. Neither section 18004(c) nor any other part of the CARES Act defines the term student or the phrases grants to students or emergency financial aid grants to students. In the IFR, the Department concluded that Congress intended the category of those students eligible for emergency financial aid grants to students in section 18004 of the CARES Act to be limited to those individuals eligible for title IV aid. click on the link below to access this report. Available at https://www.bls.gov/webapps/legacy/cpswktab3.htm. Students will benefit from assistance in paying additional expenses associated with elements included in their cost of attendance, such as room and board, that changed with the disruption of campus activities. They also noted that, while it is true institutions could award HEERF funds to non-degree seeking students, the Department failed to show how (in the absence of any requirement in the CARES Act for a student to be degree seeking) that constitutes fraud, waste, or abuse. We assume the distribution of the funds can largely rely on existing processes and information involved in the disbursement financial aid. An institution that has HEERF funds available from the CARES, CRRSAA, or ARP, may, as of the effective date of this final rule, use those funds to provide financial assistance to any student who is enrolled at the institution or was enrolled at the institution during the COVID-19 emergency. 281, as amended through Section 314, Pub. Applications should be submitted by November 15 for the fall semester or April 15 for the spring semester. In response to the coronavirus pandemic, HHS is awarding emergency grants and cooperative agreements funded under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, 2020 [P.L. These funds are made available via the Student Activity Emergency Fund for students in need and are funded through the Student Activity Fee earmark allocation every semester. The total amount of fundsSBCC awarded was $2,883,174 from the U.S. Department of How you will benefit from an LCU housing grant. This later in time directive that institutions use CRRSAA and ARP funds to prioritize students with exceptional needs is further evidence that Congress sought to carve out an exception to 8 U.S.C. However, we acknowledge that many students enrolled in these types of programs and many students who do not have a high school diploma would not be eligible for grants from HEERF funds under the restrictions in the IFR. The comment period for the ICR closed August 18, 2020. The commenter further offered that since, according to a National Association of Student Financial Aid Administrators survey as of June 12, 2020, 94 percent of institutions reported having made CARES Act emergency grants and more than three-fourths of those institutions had spent more than half of their allocations by that point, the impact of the Department's effort to limit fraud by restricting eligibility for HEERF funds would be negligible. See 5 U.S.C. . In addition, the purpose of notice and comment has been fulfilled in this case. 1182, and Section 2003, Pub. All applications were carefully considered and all students who met minimum qualifications Information about the HEERF III established by the American Rescue Plan can be found at this link. utilized the institutional portion of HEERF I, II and III monies. rendition of the daily Federal Register on FederalRegister.gov does not Table 5Summary of Allocations of (a)(1) and (a)(4) Funds to Small Entities by Sector. The loans are interest-free, up to $500 and must be paid back within a designated time period. The total amount of fundsSBCCwas awarded was $2,883,174 from the U.S. Department documents in the last year, 85 . Certain individuals without qualifying immigration statuses are already prohibited, under 8 U.S.C. documents in the last year, 29 See, e.g., United States v. Estate of Romani, 523 U.S. 517, 532 (1998) (holding that more specific statute governs). New Documents Discussion: Upon further review, we agree with the commenters that HEERF grants should be awarded based on need and should not consider title IV eligibility of students. Similarly, other commenters argued that the IFR would undermine efforts to foster racial equity, diversity, and inclusion on college campuses, and make the playing field more uneven for undocumented students and more difficult for colleges and universities to meet their educational and moral obligations to students of color, students with low incomes, undocumented students, and otherwise marginalized students. Public and private nonprofit institutions must also use a portion of their institutional award to conduct direct outreach to financial aid applicants about the opportunity to receive a financial aid adjustment due to recent unemployment of a family member or of the independent student. Higher Education Emergency Relief Fund(HEERF)Reporting, Below are the eligibility requirements to receive federal HEERF/CARES Emergency Grants Accordingly, we have revised the interim final rule to state that a student is defined as any individual who is enrolled in an eligible institution of higher education. Authority: How Do I Apply for a HEERF emergency grant? 553(d)(3)). This grant is awarded annually and it is primarily based on financial need. This position is supported by the legislative history of the CARES Act. Comments: Several commenters offered that many students who are eligible for title IV aid will be unable to confirm that eligibility, and that the IFR failed to consider the effects of this on such students. Does the money need to be repaid? the link below to access this report. Institutions themselves, meanwhile, must administer a Satisfactory Academic Progress (SAP) policy to ensure students are moving toward completion of their programs. We fought hard to get to this place, where the president has promised historic debt relief. The two cases on Bidens debt relief plan are among 30 the Supreme Court has left to rule on in its current term, which traditionally concludes in the last week of June. 7922; Mendenhall Glacier Recreation Area; Alaska, Safety Zone; Sausalito Fireworks Display; San Francisco Bay, Sausalito, CA, Energy Conservation Program: Test Procedure for Commercial Warm Air Furnaces, Agency Information Collection Activities; Migratory Bird Surveys, Migraine: Developing Drugs for Preventive Treatment, Moving Beyond COVID-19 Vaccination Requirements for Federal Workers, Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition, Summary of the Major Provisions of This Regulatory Action, Financial Burden on Students Ineligible for Title IV, Harm to Historically Marginalized Students, Undocumented Students Entitled to HEERF Funds, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), The Imposition of Title IV Eligibility Restrictions on Grants to Students Is Contrary to Congressional Intent, Constitutional Challenges to the Application of Student Eligibility Requirements, No Delegation of Authority to the Department, Notice and Comment; Delay of Effective Date, Change in Policy; Arbitrary and Capricious, Waiver of Notice and Comment Rulemaking and Delayed Effective Date Under the Administrative Procedure Act, PART 668STUDENT ASSISTANCE GENERAL PROVISIONS, PART 677HIGHER EDUCATION EMERGENCY RELIEF FUND PROGRAMS, https://www.federalregister.gov/d/2021-10190, MODS: Government Publishing Office metadata, https://www2.ed.gov/about/offices/list/ope/updatedfaqsfora1crrssaheerfii.pdf, https://www2.ed.gov/about/offices/list/ope/heerf90percentformulaallocationexplanation.pdf, www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a004/a-4.pdf, title 34 of the Code of Federal Regulations, https://www.nber.org/system/files/working_papers/w27392/w27392.pdf, https://news.harvard.edu/gazette/story/2020/10/covid-carries-triple-risks-for-college-students-of-color/, https://www.insidehighered.com/news/2020/09/30/undocumented-college-students-report-heightened-anxieties-about-legal-status-and, https://www.oecd.org/coronavirus/policy-responses/what-is-the-impact-of-the-covid-19-pandemic-on-immigrants-and-their-children-e7cbb7de/, https://www.newamerica.org/education-policy/reports/comeback-story/recommendations/, https://nces.ed.gov/ipeds/datacenter/DataFiles.aspx?goToReportId=7, https://nces.ed.gov/programs/digest/d19/tables/dt19lowbar;311.15.asp, https://www.bls.gov/oes/current/oes_nat.htm#00-0000, https://www.bls.gov/webapps/legacy/cpswktab3.htm, https://https://www.bls.gov/oes/current/oes_nat.htm#11-0000, www2.ed.gov/about/offices/list/ope/allocationstableinstitutionalportion.pdf, www2.ed.gov/about/offices/list/ope/caresact.html, www2.ed.gov/about/offices/list/ope/heerf90percentformulaallocationexplanation.pdf, https://www2.ed.gov/about/offices/list/ope/314a1methodologyheerfii.pdf, https://www2.ed.gov/about/offices/list/ope/allocationstableinstitutionalportion.pdf, https://www2.ed.gov/about/offices/list/ope/crrsaa.html, Distance Education eligible under final rule, Assistance may support students continuing in their programs, Paperwork burden on institutions to administer funds and on students to apply, Minimum relief for eligible students to help with additional expenses due to covid-19 pandemic (HEERF from CARES Act, CRRSAA, and ARP), Maximum assistance to institutions for COVID-19 pandemic related expenses from CARES Act, CRRSAA, and ARP, Funding available to HBCUs, TTCUs, MSIs, and SIPs under CARES, CRRSAA and ARP (a)(2), Competitively awarded supplemental assistance to private, non-profit and public institutions under CARES, CRRSAA and ARP (a)(3). Because institutions will determine how they will distribute funds to their students, the Department does not know the exact distribution of who will receive the grants. . . $500 to $1,200. Results and requests for additional information will be communicated to students using their UHV email address. theCARES Act Emergency Grants was sent viaCollege email, published on the College Document Drafting Handbook Changes: We have removed the requirement that a student must be eligible for title IV aid to receive financial assistance under the HEERF programs and clarified in the definition of student that any individual who is or was enrolled at an eligible institution on or after the date the national emergency was declared for COVID-19 may qualify for assistance under the HEERF programs. 1611; underscoring that it is significant that Congress did not explicitly identify immigrant classes to exclude from receiving HEERF grants where it did elsewhere in the CARES Act. on FederalRegister.gov This new COVID stimulus bill included $40 billion for higher education institutions and students, using the same Higher Education Emergency Relief Fund (HEERF) model established in the Coronavirus Aid, Relief and Economic Security (CARES) Act. January 5, 2021: As announced in todays Federal Register, the newly enacted Consolidated Appropriations Act, 2021 supersedes the Department of Educations December 23, 2020 Federal Register notice that reopened the HEERF grant program application period for certain limited applicants. 06/02/2023, 40 Adopting a broad and simple definition of a student allows the emergency grant funds for students to maximize their purpose and fully live up to Congressional intent in time to assist with the COVID-19 related expenses the funds are intended to alleviate. documents in the last year, by the Food and Drug Administration In addition, commenters argued that, for the same reasons they asserted the Department did not have good cause to waive notice and comment rulemaking, it also did not have good cause to waive the 30-day delayed effective date required by the APA and Congressional Review Act. The definition of student also applies to $22.7 billion in CRRSAA funds allocated in January 2021 and $39.6 billion in ARP funds which will be allocated to institutions in April 2021. As a result of this new requirement of how institutions must distribute HEERF II financial aid grants to students, the Department announced in question 16 of the HEERF II Public and Private Nonprofit Institution (a)(1) Programs (CFDA 84.425E and 84.425F) Frequently Asked Questions published January 14, 2021, and updated March 19, 2021, (https://www2.ed.gov/about/offices/list/ope/updatedfaqsfora1crrssaheerfii.pdf) that the definition of student in the IFR would not apply to funds under the CRRSAA. received $1,000 CARES Emergency Grants using the following criteria: Adegree-seeking These tools are designed to help you understand the official document Background: On March 27, 2020, Congress enacted the CARES Act, Public Law 116-136, to help the nation cope with the economic and health crises created by the COVID-19 outbreak. The American Rescue Plan Act of 2021 includes Coronavirus relief measures for higher education institutions and their students. 701 et seq., 20 U.S.C. CUNY's total allocation from the HEERF II Student Emergency Grant is $118,477,830 million. The allocation formula emphasizes institutions' share of Pell Grant recipients with 75 percent of the allocation based on each IHE's share of full-time equivalent (FTE) enrollment of Pell Grant recipients who were not enrolled in exclusively distance education prior to the coronavirus emergency, relative to the share of such individuals in all institutions. Finally, some commenters addressed the effects on institutions of excluding undocumented students from eligibility for grants from HEERF funds. Note: Students cannot apply for assistance directly from the U.S. Department of Education but should contact their institutions for further information and guidance. Some commenters stated that the Department's conclusion that it would not be logical for Congress to require students to be eligible under section 484 of title IV of the HEA for grants under section 18004(a)(3) of the CARES Act, where part B of title VII of the HEA is expressly referenced, but not for grants under sections 18004(a)(1) and (2) of the CARES Act. Commenters said that even if HEERF funds are Federal public benefits that Congress intended to fall within 8 U.S.C. Finally, because colleges are not required to award emergency grants to all students, there are some individuals who could end up taking on the burden of completing the FAFSA and ultimately not receive any further assistance. This fund does not negate or replace financial aid. Deadline: 5/1/2023 - Application closed for spring 2023; will re-open in June for students enrolled in summer 2023. The commenters expressed particular concern that the burden of having to complete a FAFSA for the purpose of obtaining a grant under the HEERF programs will fall disproportionately on low-income, minority, and first-generation college students who are most in need of the funding. Regarding 8 U.S.C. Executive Order 13563 also requires an agency to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.. 27, 2020) (statement of Rep. Underwood) (remarking that the grants would support college students whose semesters were disrupted due to COVID-19); id. 134 Stat. National Center for Education Statistics, Digest of Education Statistics 2019, Table 311.15. on the Department's CARES Act website. The master calendar requirement in section 482 of the HEA likewise does not apply to this rule, because the rule does not relate to the delivery of student aid funds under title IV. documents in the last year, 408 In the absence of any statutory provision specifically restricting the eligibility of students for HEERF funds on the basis of citizenship, immigration status, or other factors, we do not believe that such a restriction should be applied. This specific intent is made clearer by the fact that Congress was clear in other parts of the CARES Act where it did not intend for noncitizens to share in this emergency funding. Spring/Summer 2022 FEDERAL HEERF/CARES EMERGENCY GRANTS. Table 4Small Entities Under Enrollment Based Definition. 16.4 million). A few commenters advocated for the inclusion of undocumented students on ethical grounds, arguing that it is unethical to exclude students from eligibility due to immigration status. the check). As with the CARES Act, the CRRSAA authorized, and in some cases required, institutions to use their HEERF award for financial aid grants to students, without defining the terms students or financial aid grants. See CRRSAA section 314(c)(3). Please click on 44, which rejected the Department's arguments that 8 U.S.C. Students can see their award byreviewing your 20-21 financial aid awardletterin yourSBCC Pipeline account. See Little Sisters of the Poor Saints Peter & Paul Home v. Pennsylvania, 140 S. Ct. 2367, 2385 (2020). Table 2-BSummary of CRRSAA (a)(1) and (a)(4) Allocations, Table 2-CSummary of ARP (a)(1) and (a)(4) Allocations. Are a citizen or permanent resident of the United States, an international or an undocumented student, refugee, asylum seeker, Deferred Action for Childhood Arrival (DACA) recipient, other DREAMer, or similar undocumented student. Available at https://nces.ed.gov/programs/digest/d19/tables/dt19lowbar;311.15.asp. A new CARES Application closed on Friday, October 23, 2020. The application review process will begin on 2/15/23 after census date (2/14/2023). Table 5 shows the allocations of funds to small entities by sector, with any institution for which there was no small business indicator available considered a small entity. In addition, earlier in this preamble, we note other requirements already in place to address such concerns. A supplemental amount of CARES Emergency Financial Aid Grants in the amount of $387,524 $1,500 for each qualifying student. 11. In the IFR, we solicited comments on whether the rule may have federalism implications and encouraged State and local elected officials to review and provide comments. Any guidance in these webinars and related materials as to allowable and unallowable uses are applicable for HEERF costs incurred before the effective date of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA), Pub. by scrolling below). Therefore, this regulatory action is an economically significant regulatory action subject to review by OMB under section 3(f)(1) of Executive Order 12866. See, e.g., RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 566 U.S. 639, 645 (2012) ([I]t is a commonplace of statutory construction that the specific governs the general.) (quoting Morales v. Trans World Airlines, Inc., 504 U.S. 374, 384 (1992)). Noting that none of the Department's prior communications related to the pandemic expressed concerns over fraud, one commenter expressed bemusement over the IFR's singular focus on that possibility. In addition, we believe that the revisions and explanations throughout this document address the points raised by commenters. Seniors with unpaid balances risk being denied graduation. Students will have to work with their institutions to access the funds according to the process the institution establishes for awarding the relief. This final rule will enable institutions to distribute these emergency funds to all eligible students in an expedient manner. documents in the last year, 20 The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Section 18004 of the CARES Act is a specific statutory enactment in which Congress unambiguously directed certain aid to a plainly described group of people, students, without qualification. Because an individual is no longer required to be title IV eligible to receive a HEERF student grant, we are removing the definition of student from the general provisions regulations that apply to student Start Printed Page 26624assistance under the title IV programs and relocating the revised definition to 34 CFR part 677, which governs the HEERF programs. Rather, the language in CRRSAA and ARP directing schools to prioritize students with exceptional need re-emphasizes that Congress intended that schools have discretion to determine who should receive funds, including whether such grants should go to title IV eligible students or not. Discussion: We agree with the commenters that students who are ineligible for title IV aid are no less deserving of HEERF funding than title IV eligible students. If an institution decided to create its own form, it would have to find ways to verify various eligibility requirements for title IV aid, which would also be Start Printed Page 26610time consuming if not impossible to do without using the FAFSA. This repetition of headings to form internal navigation links 7. See Los Angeles v. Barr, 941 F.3d 931, 941 (9th Cir. The U.S. Department of Education (ED) announced more than $36 billion in emergency grants today provided under the American Rescue Plan (ARP) Act for postsecondary education. In section 18004(a)(3) of the CARES Act, lawmakers directed the Secretary to make awards to institutions of higher education that the Secretary determines have the greatest unmet needs related to coronavirus, which could be used for grants to students, among other uses. Upon further consideration and in response to public comments, the Department is removing the requirement that a student must be eligible for title IV aid to receive financial assistance under the HEERF programs and clarifying in the definition of student that any individual who is or was enrolled at an eligible institution on or after the date the national emergency was declared for COVID-19 may qualify for assistance under the HEERF programs. Note: This page is dedicated to the first HEERF grant funding established by the CARES Act. Childcare Medical expenses Monthly bills Emergency student loans are often preferable to other terms of short-term funding because many universities offer them as interest-free loans. Emergency funds provided by ARP more than double the emergency relief aid available to students and institutions already authorized under the Coronavirus Aid, Relief, and Economic Security Act (CARES) and the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) relief legislation. Commenters further contended that the Department's argument that 8 U.S.C. Deadline: 5/1/2023 - application closed for spring 2023. See, e.g., 42 U.S.C. The final rule also describes the expansion of access to all students enrolled at institutions, not just title IV eligible students. student (i.e. And, once students leave college, theyre likely never to return. Please check the Departments HEERF II website on a periodic basis for any guidance as to unspent (as of December 27, 2020) CARES Act HEERF funds and CRRSAA HEERF funds. The total amount of summer emergency relief from all these sources (including HEERF/CARES) Comments: Numerous commenters challenged the Department's assertion within the IFR that 8 U.S.C. The Department recently proposed a size classification based on enrollment using IPEDS data that established the percentage of institutions in various sectors considered to be small entities, as shown in Table 4. Lowest rates shown include the auto debit discount. [W]here Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion. Gozlon-Peretz v. United States, 498 U.S. 395, 404 (1991) (citation omitted). On March 11, 2021, President Biden signed the ARP. The change from the IFR is reflected in the 1.2 million non-resident alien and 3.3 million students involved exclusively in distance education programs who are potentially eligible for grants under the final rule. Federal Register. The definition of student eligibility also applies to the $22.7 billion in additional funding appropriated under CRRSAA and $39.6 billion under ARP. The reporting period for the first HEERF annual report will be January 5 to February 1, 2021. Maximum total award per student is $1,000 (based on estimate of one month's living for better understanding how a document is structured but One commenter believed that the restrictive definition was appropriate and clearly explained, while another commenter stated that even with the restrictions placed in the definition, HEERF grants would still be able to help students. Policies | Students filling out the FAFSA, meanwhile, could face additional burdens, such as the verification process. All recipients werenotified via email. Emergencieshappen. Your gift to our expanded emergency aid program willhelp: United Negro College Fund, Inc., is a recognized 501(c)(3) nonprofit; federal EIN, 13-1624241. Discussion: The Department maintains its position that it has the necessary authority to engage in rulemaking with respect to the programs that it administers, including the HEERF programs. $500 to $3,000. Eligible for funding under Title IV of the Higher Education Act of 1965, as amended. the link below to access this report. [2] As of February 24, 2022, 1,634 UHV students have been awarded $3,668,435 in American Rescue Plan . and services, go to See, e.g., CARES Act section 2102(a)(3)(B) (specifically excluding two categories of workers from Pandemic Unemployment Assistance); section 2107(a)(2) (establishing eligibility criteria for the 13 additional weeks of Unemployment Insurance); and section 2201(a) (specifically excluding) nonresident aliens from Recovery Rebates for Individuals). . We greatly value those comments and appreciate the value that public comment provides, especially with respect to a rule of this nature. Some commenters believed that the IFR's restrictions will deprive many students, who otherwise demonstrate significant need during the COVID-19 crisis, from receiving assistance, thereby jeopardizing not only their health, safety, and education, but also the continuity of higher education Start Printed Page 26612communities. and Agreement withthe US Department of Education on April 17, 2020 and has provided report that documents its expenditures of institutional and student portions of these This site displays a prototype of a Web 2.0 version of the daily Grants received from HEERF II funds are not treated as taxable income or untaxed income. Changes: We are removing the requirement that a student must be eligible for title IV aid to receive financial assistance under the HEERF programs and clarified in the definition of student that any individual who is or was enrolled at an eligible institution on or after the date the national emergency was declared for COVID-19 may qualify for assistance under the HEERF programs. Foothills-De Anza Community College (Los Altos Hills, California) established a Mental Wellness Ambassador program aimed at promoting mental health services, reducing stigma surrounding mental health disorders, creating community, and fostering an inclusive and non-judgmental campus culture, using previous rounds of relief funding. Incentivize the reenrollment of students who did not meet SAP requirements, for the purpose of enhancing revenue; Use HEERF funds for students who are enrolled at the institution but do not intend to receive a degree or certificate, thereby diverting funds from students who are pursuing a degree or certificate in an eligible program; and. It passed emergency legislation to create a program for assisting students in a rapid manner by delegating significant discretion to colleges so they can get the funds to affected individuals right away. One commenter argued that another internal inconsistency is that the IFR applies title IV's eligibility restrictions while recognizing that the CARES Act emergency assistance grants by definition, do not constitute Federal financial student aid under the HEA, including title IV of the HEA. An additional commenter stated that the IFR as drafted would effectively create a new title IV program. Table 1Estimated Potential Grant Recipients by Control of Institution56. documents in the last year, 1067 Can financial aid applicants receive a financial aid adjustment due to a recent unemployment of a family member or student, or other circumstances? . During the Spring 2022 quarter, of the over 6000 eligible students, 4574 students 701 et seq., 20 U.S.C. Another commenter averred there is no evidence that, without this rule, institutions will engage in rampant wasteful, fraudulent, or abusive distribution procedures, as the Department alleges. Although she praised Roberts' qualities as a judge, she was candid about the broad areas of disagreement on the ideologically divided bench. In this instance, the Department's use of notice-and-comment rulemaking procedures required by the Administrative Procedure Act (APA), 5 U.S.C. 34 CFR 668.34. 1221e-3; section 314(a)(2), Pub. Gozlon-Peretz, 498 U.S. at 404. Generally, we do not address technical or other minor changes. Last accessed April 13, 2021. Commenters disputed that the waiver served the public interest. 2019). The grant is available to help women who have financial difficulties meeting their housing expenses in addition to their tuition and other educational-related obligations. Complete the FAFSA questions as instructed on the application (including the transfer of tax return and income information), submit your FAFSA form, then contact the UHV Financial Aid Office to discuss how your current financial situation has changed. Further, Congress used the term student in section 18002, section 18003, and section 18005 to refer to beneficiaries of ESEA programs, which may unquestionably benefit undocumented immigrants and other students without a qualifying immigration status for purposes of section 1611. with your first and last name). Close to 157,000 undergraduate and graduate students are potentially eligible to receive these grants. Awarding for Summer HEERF/CARES Emergency Grants was wrapped into the application As of early May, the student aid commission awarded roughly 3,500 students with grants in 2022-23 and 2,600 through a pilot in 2021-22. Institutions can learn more about allowable uses and limitation in our FAQs. While the Department believes that the CARES Act student grants are postsecondary education . Additional, undue burden on military-connected students will result from requiring them to research their institution's application process, obtain, complete, and submit the application. Last accessed April 13, 2021. As concerns cheap classes of little educational value offered with the sole intent of enrolling students who are not eligible for title IV, the commenters suggested that such students would be less likely to enroll in these types of classes than would title IV recipients due to the need for them to fund a greater share of the cost from their own resources. As of April 21, 2021, Cornell distributed a total of $6,400,490 in Emergency Financial Aid Grants to 3,979 students under Section 18004 (a) (1) of the CARES Act. Fisk University (HBCU in Nashville, Tennessee) distributed over $500,000 to 100% of their students eligible for emergency aid from previous relief packages. 1611 within the basic sense of those words, as noted elsewhere, we now believe the better reading of the statute is that Congress's direction to higher education institutions to provide emergency financial aid grants to students for expenses related to the disruption of campus operations due to coronavirus within the CARES Act represents a later in time exception to the general rule that nonqualified aliens may not receive Federal postsecondary benefits under PRWORA (emphasis added). Similarly, other commenters noted that due to the COVID-19 pandemic, many undocumented students or their spouses and children who had lost jobs were ineligible for a Recovery Rebate check under the CARES Act. The requirement in HEA section 492 that requires the Department to obtain public involvement in the development of proposed regulations for title IV of the HEA does not apply to this final rule, because it implements the CARES Act, not title IV. Similarly, while the CARES Act does state that emergency financial aid grants can go to any part of a student's cost of attendance as defined under the Higher Education Act, this is a concept that is not limited to recipients of title IV aid. L. 117-2, 135 Stat. publication in the future. This final rule thus clarifies that the unqualified statutory term students means just what it saysit encompasses all students, regardless of immigration status. The money needed to handle these emergencies may be the money financing a college education. The emergency funds available under CARES, CRRSAA, and ARP are provided to allow students and institutions to cope with expenses related to the COVID-19 pandemic. Please L. 116-260) and American Rescue Plan Act of 2021 (ARP) (Pub. Some commenters challenged the estimates of hours and costs from the IFR, mostly on the basis that they were too low or did not account for necessary steps. Jul. [4] (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or Start Printed Page 26625communities in a material way (also referred to as an economically significant rule); (2) Create serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or. Discussion: In these final regulations, we are fully explaining our revision of the position taken in the IFR. Pell Grant recipients, who are the majority of borrowers, would be eligible for an additional $10,000 in debt relief. The commenters urged the Department to immediately withdraw the IFR. The LCU Foundation Housing Grant provides up to $5,000 per academic year ($2,500 per semester). This feature is not available for this document. We estimate that the definition of student eligibility for the financial aid grants to students will not have an impact on the Federal budget. Alcorn State University (HBCU in Alcorn, Mississippi) used previous relief funds to provide enhanced virtual academic support services. . include documents scheduled for later issues, at the request The CARES Act Higher Education Emergency Relief Fund-IHE/Student Aid provides funding to institutions to provide emergency financial aid grants to students whose lives have been disrupted, many of whom are facing financial challenges and struggling to make ends meet. Institutions have the responsibility of determining how grants will be distributed to students, how the amount of each student grant is calculated, and the development of any instructions or directions that are provided to students about the grant. Im happy that I can continue to say theres never been a voice raised in anger in our conference room, he said. L. No. Some commenters noted that, prior to the IFR, the Department encouraged institutions to award emergency grant funds to students with the greatest need, but by subsequently changing course and narrowing the eligibility requirements for those funds in the IFR, the commenters opined the Department promulgated a cruel and ideologically motivated rule that will hurt some of our Nation's most vulnerable college students. Student Affairs staff will inform applicants of their potential eligibility. Yes, for tax year 2021, in certain cases, higher education institutions have information reporting requirements under section 6050S for payments made with emergency financial aid grants. Comments: Several commenters challenged the Department's IFR as being in excess of the rulemaking authority delegated to the Department. In the preamble to these final regulations, we fully explain our reasoning for taking a position aligned with the one taken in the Department's initial guidance by allowing institutions to award HEERF funds to any student who is enrolled or was enrolled at the institution during the COVID-19 emergency. Rather, the HEERF programs are a one-time funding allocation that can be used to provide current college students with short-term relief for expenses already incurred due to a national emergency. Communication should include a student'sSBCC K# (preferably in the subject line No further The total amount of Emergency Financial Aid Grants distributed to students under section 18004(a)(1) of the CARES Act as of June 12, 2020, is $1,979,500. See also Methodology for Calculating Allocations per Section 18004(a)(1) of the CARES Act (https://www2.ed.gov/about/offices/list/ope/heerf90percentformulaallocationexplanation.pdf). 2:20-cv-00182-TOR, ECF No. Available at https://www2.ed.gov/about/offices/list/ope/allocationstableinstitutionalportion.pdf. We also have added the phrase financial aid grants to students as one of the specific purposes for which student is defined because that language was introduced in section 314(c) of CRRSAA. Who can I call for more information? Students should be sure that their current address is on file with the UHV Registrar. . Allocation Table Here, All Title IV participating schools This definition enables an IHE to appropriately determine which individuals currently or previously enrolled at an institution are eligible to receive emergency financial aid grants to students under the HEERF programs, as originally enacted under the CARES Act and continued through the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA) (Pub. Comments: Some commenters supported the definition of student in the IFR that restricted individuals who qualify for HEERF grants to those that are eligible for title IV financial assistance. was awarded in recognition of its status as a Minority Serving Institution (MSI). at least 50% of all CARES Act funds received to students as emergency grants. As noted in Noerand, as the Supreme Court has explained, it is a commonplace of statutory construction Start Printed Page 26619that the specific governs the general. Noerand v. Devos, 474 F. Supp. Analysis of Comments and Changes: An analysis of the public comments and of changes since publication of the IFR follows. Yet another commenter expressed the belief that the Department's interpretation is an arbitrary and capricious administrative action that fails to consider the real-world implications of denying critical relief funds to thousands of students during a global pandemic. Much of the initial HEERF funding for students from the CARES Act has been distributed, so the revised definition of student will not affect much of those funds. . L. 116-260). To be eligible to participate in this program, thecollege signed a Certification Supplemental funds were later authorized through the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA)/(HEERF II) and the American Rescue Plan (ARP)/(HEERF III) to continue support for institutions of higher education to serve students and ensure learning continues during the COVID-19 pandemic. 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