[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Notices]
[Pages 44056-44057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18352]
[[Page 44055]]
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Part II
Department of Education
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Promoting Postbaccalaureate Opportunities for Hispanic Americans
(PPOHA) Program; Notices
Federal Register / Vol. 75 , No. 143 / Tuesday, July 27, 2010 /
Notices
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DEPARTMENT OF EDUCATION
Promoting Postbaccalaureate Opportunities for Hispanic Americans
(PPOHA) Program
Catalog of Federal Domestic Assistance (CFDA) Number: 84.031M.
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Notice of final requirements.
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SUMMARY: The Assistant Secretary for Postsecondary Education announces
requirements under the PPOHA Program. The Assistant Secretary may use
one or more of these requirements for competitions in fiscal year (FY)
2010 and later years. We take this action to establish appropriate
requirements for the PPOHA Program. We have based these requirements on
existing rules for the Hispanic-Serving Institutions (HSI) Program,
authorized by title V of the Higher Education Act of 1965, as amended
(HEA), because the PPOHA Program and the HSI Program are governed by
some common provisions and support similar institutions.
DATES: Effective Date: These requirements are effective August 26,
2010.
FOR FURTHER INFORMATION CONTACT: Dr. Maria E. Carrington, U.S.
Department of Education, 1990 K Street, NW., Room 6036, Washington, DC
20006-8513. Telephone: (202) 502-7548 or by e-mail:
[email protected].
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service, toll free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: Purpose of Program: The purposes of the
PPOHA Program are to: (1) Expand postbaccalaureate educational
opportunities for, and improve the academic attainment of, Hispanic
students; and (2) expand the postbaccalaureate academic offerings as
well as enhance the program quality in the institutions of higher
education that are educating the majority of Hispanic college students
and helping large numbers of Hispanic and low-income students complete
postsecondary degrees.
Program Authority: 20 U.S.C. 1102-1102c; 1161aa-1.
We published a notice of proposed requirements for this program in
the Federal Register on June 3, 2010 (75 FR 31338). That notice
contained background information and our reasons for proposing these
particular requirements.
Except for minor revisions, there are no differences between the
notice of proposed requirements and this notice of final requirements.
Public Comment: In response to our invitation in the notice of
proposed requirements, we did not receive any comments on the proposed
requirements. However, as a result of our further review of the
proposed requirements since publication of the notice of proposed
requirements, we have made two changes as follows:
Analysis of Comments and Changes:
Comment: None.
Discussion: In reviewing Note 2 to proposed requirement 1
(Eligibility Criteria (Use of 34 CFR 606.2(a) and (b), 606.3 through
606.5)), we have determined that minor editorial changes are
appropriate to clarify the discussion of the process that the
Department will use to resolve a conflict between the enrollment data
or documentation the applicant uses in its application to establish
that it has an enrollment of undergraduate full-time equivalent (FTE)
students that is at least 25 percent Hispanic students and data
reported through the Department's Integrated Postsecondary Education
Data System (IPEDS), the institution's State-reported enrollment data,
and the institutional annual report.
Changes: We have revised this note to clarify that the data and
documentation we are examining and comparing to the percentages or data
reported through IPEDS, the IHE's State-reported enrollment data, and
the institutional annual report are the data and documentation that the
applicant submits as part of its 25 percent assurance verification.
Comment: None.
Discussion: Upon further review of Requirement 2 (Use of Tie-
Breaking Factors), we determined that a clarification was appropriate.
Specifically, in the final sentence of the first paragraph we stated
that the Department will use 2008-2009 data for purposes of the funding
considerations under this requirement. Because the Department will use
2008-2009 data for funding considerations in FY 2010 only, we have
added language to make this clear.
Changes: We have revised the last sentence of the first paragraph
of Requirement 2 (Use of Tie-Breaking Factors to clarify that, for
purposes of making these funding considerations, we will use the most
recent complete data available (e.g., for FY 2010, we will use 2008-
2009 data).
Final Requirements:
The Assistant Secretary establishes the following requirements for
this program. We may apply one or more of these requirements in any
year in which this program is in effect.
Requirement 1--Eligibility Criteria (Use of 34 CFR 606.2(a) and
(b), 606.3 through 606.5).
Hispanic-Serving Institution (HSI): To qualify as an eligible HSI
for the Promoting Postbaccalaureate Opportunities for Hispanic
Americans (PPOHA) Program under sections 502 and 512(b) of the Higher
Education Act of 1965, as amended (HEA) (20 U.S.C. 1101a and 1102a), an
institution of higher education (IHE) must--
(a) Have an enrollment of needy students, as defined in section
502(b) of the HEA (section 502(a)(2)(A)(i) of the HEA; 20 U.S.C.
1101a(a)(2)(A)(i));
(b) Have, except as provided in section 522(b) of the HEA, average
educational and general expenditures that are low, per full-time
equivalent (FTE) undergraduate student, in comparison with the average
educational and general expenditures per FTE undergraduate student of
institutions that offer similar instruction (section 502(a)(2)(A)(ii)
of the HEA; 20 U.S.C. 1101a(a)(2)(A)(ii));
Note: To demonstrate an enrollment of needy students and low
average educational and general expenditures per FTE undergraduate
student, an IHE must be designated as an ``eligible institution'' in
accordance with 34 CFR 606.3 through 606.5 and the notice inviting
applications for designation as an eligible institution for the
fiscal year for which the grant competition is being conducted.
(c) Be accredited by a nationally recognized accrediting agency or
association that the Secretary has determined to be a reliable
authority as to the quality of education or training offered, or making
reasonable progress toward accreditation, according to such an agency
or association (section 502(a)(2)(A)(iv) of the HEA; 20 U.S.C.
1101a(a)(2)(A)(iv));
(d) Be legally authorized to provide, and provide within the State,
an educational program for which the institution awards a bachelor's
degree (section 502(a)(2)(A)(iii) of the HEA; 20 U.S.C.
1101a(a)(2)(A)(iii)); and
(e) Have an enrollment of undergraduate FTE students that is at
least 25 percent Hispanic students at the end of the award year
immediately preceding the date of application (section 502(a)(5)(B) of
the HEA; 20 U.S.C. 1101a(a)(5)(B)).
Note 1: Funds for the PPOHA Program will be awarded each fiscal
year; thus, for this program, the ``end of the award year
immediately preceding the date of application'' refers to the end of
the fiscal year prior to the application due date. The end of the
fiscal year occurs on September 30 for any given year.
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Note 2: In considering applications for grants under this
program, the Department will compare the data and documentation the
institution relied on in its application with data reported to the
Department's Integrated Postsecondary Education Data System (IPEDS),
the IHE's State-reported enrollment data, and the institutional
annual report. If different percentages or data are reported in
these various sources, the institution must, as part of the 25
percent assurance verification, explain the reason for the
differences. If the IPEDS data show that less than 25 percent of the
institution's undergraduate FTE students are Hispanic, the burden is
on the institution to show that the IPEDS data are inaccurate. If
the IPEDS data indicate that the institution has an undergraduate
FTE less than 25 percent, and the institution fails to demonstrate
that the IPEDS data are inaccurate, the institution will be
considered ineligible.
Requirement 2--Use of Tie-Breaking Factors.
To resolve ties in the reader scores of applications for
development grants, the Department will award one additional point to
an application from an IHE that has an endowment fund for which the
market value per FTE student is less than the comparable average
current market value of the endowment funds per FTE student at similar
type IHEs. In addition, to resolve ties in the reader scores of
applications for PPHOA development grants, the Department will award
one additional point to an application from an IHE that has
expenditures for library materials per FTE student that are less than
the comparable average expenditures for library materials per FTE
student at similar type IHEs. (34 CFR 606.23(a)(1) and (2)). For the
purpose of these funding considerations, we will use the most recent
complete data available (e.g., for FY 2010, we will use 2008-2009
data).
If a tie remains after applying the tie-breaker mechanism above,
priority will be given for Individual Development Grants to applicants
that have the lowest endowment values per FTE student. (34 CFR
606.23(b)(1))
Requirement 3--Limit on Applications From an Eligible Institution.
In any fiscal year, an eligible institution may submit only one
application for a grant under the PPOHA Program. This restriction is
intended to ensure that more Hispanic-serving institutions have an
opportunity for assistance under Title V of the HEA.
Requirement 4--Limit on Use of Funds for Direct Student Assistance.
A PPOHA Program grantee may use no more than 20 percent of its
total PPOHA Program grant award to provide financial support--in the
form of scholarships, fellowships, and other student financial
assistance--to low-income students.
This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use one or more of these requirements, we invite
applications through a notice in the Federal Register.
Executive Order 12866: This notice has been reviewed in accordance
with Executive Order 12866. Under the terms of the order, we have
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with this regulatory action are
those resulting from statutory requirements and those we have
determined as necessary for administering this program effectively and
efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this regulatory action, we have determined that the
benefits of the final requirements justify the costs.
We have determined, also, that this regulatory action does not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or computer diskette) on request to the program contact
person listed under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: You can view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF), on the
Internet at the following site: http://www.ed.gov/news/fedregister. To
use PDF, you must have Adobe Acrobat Reader, which is available free at
this site.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.
Dated: July 21, 2010.
Eduardo M. Ochoa,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2010-18352 Filed 7-26-10; 8:45 am]
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