Department of Education Requests Comments on the Institutional Eligibility, Student Assistance General Provisions, and Federal Pell Grant Program Proposed Rule

On July 28, 2022, the Department of Education published the Institutional Eligibility, Student Assistance General Provisions, and Federal Pell Grant Program. First, the Secretary proposes to establish regulations for Federal Pell Grants (Pell Grants or Pell) for Prison Education Programs (PEPs), to implement new statutory requirements to establish Pell Grant eligibility for a confined or incarcerated individual enrolled in a PEP. Second, the Secretary proposes to revise Title IV Revenue and Non-Federal Education Assistance Funds regulations (referred to as “90/10” or the “90/10 Rule”) to implement the statutory change in the American Rescue Plan Act of 2021 (ARP). The Department has certified that the proposed rule will not have a significant economic impact on a substantial number of small entities.

The Secretary further proposes changes to the list non-Federal funds that can be counted when determining compliance with the 90/10 rule to align allowable non-Federal revenue more closely with statutory intent. Finally, the Secretary proposes regulations to clarify the process for consideration of changes in ownership and control, to promote compliance with the Higher Education Act of 1965, as amended (HEA), and related regulations and to reduce risk for students and taxpayers, as well as institutions contemplating or undergoing such a change.

Comments are due on August 26, 2022.

Read the proposed rule and submit comments.

Advocacy contact: Rosalyn Steward at 202-205-7013 or email at rosalyn.steward@sba.gov.