[Federal Register: June 7, 2001 (Volume 66, Number 110)]
[Page 30720-30721]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 30720]]



[CFDA No. 84.033]

Student Financial Assistance; 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 seven percent community service expenditure 
requirements in the Federal Work-Study (FWS) Program.


SUMMARY: June 29, 2001 is the closing date for institutions to request 
a waiver of the community service expenditure requirements for the 
2001-2002 award year (July 1, 2001 through June 30, 2002). An 
institution is required to expend at least seven percent of its total 
Federal allocation under the FWS program to compensate students in 
community service employment. Also, in meeting the seven percent 
community service expenditure requirement, one or more of the 
institution's FWS students must be employed as a reading tutor for 
children in a reading tutoring project or performing family literacy 
activities in a family literacy project. The FWS program is authorized 
by part C of title IV of the Higher Education Act of 1965, as amended 

DATES: Closing Date for Submitting a Waiver Request and any Supporting 
Information or Documents. To request a waiver, an institution must mail 
its waiver request to the Department by June 29, 2001 or hand deliver 
its waiver request to the Department by 5:00 p.m. eastern time on June 
29, 2001. If you choose you may fax or e-mail your waiver request and 
any supporting information or documents by 5:00 p.m. eastern time on 
June 29, 2001. You must fax the waiver request to Sandra Donelson at 
(202) 205-1919 or (202) 260-0522 or e-mail to the following address: 


Waiver Requests Delivered by Mail

    An institution must address a waiver request delivered by mail to 
Ms. Sandra Donelson, Student Financial Assistance, U.S. Department of 
Education, 400 Maryland Avenue, SW., Suite 600D, Portals Building, 
Washington, DC 20202-5453. An institution 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 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.
    The Secretary encourages an institution to use certified or at 
least first-class mail. Institutions that submit waiver requests after 
the closing date of June 29, 2001 will not be considered.

Waiver Request Delivered by Hand

    If an institution delivers its waiver request by hand, it must 
deliver the waiver request to Ms. Sandra Donelson, Student Financial 
Assistance, U.S. Department of Education, Suite 600D, Portals Building, 
1250 Maryland Avenue, SW., Washington, DC. The Secretary accepts hand-
delivered waiver requests between 8:00 a.m. and 5:00 p.m. (Eastern 
time) daily, except Saturdays, Sundays, and Federal holidays. The 
Secretary will not accept waiver requests that are delivered by hand 
after 5:00 p.m. on June 29, 2001.

SUPPLEMENTARY INFORMATION: Under section 443(b)(2)(A) of the HEA, an 
institution must use at least seven percent of the total amount of its 
FWS Federal allocation granted for an award year to compensate students 
employed in community service. However, we may waive this requirement 
if it is determined that enforcing it would cause hardship for students 
at the institution.
    An appropriate institutional official must sign the waiver request 
and include, above the signature, the following statement: ``I certify 
that the information I 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 the Department of 
    To receive a waiver, you must demonstrate that complying with the 
seven percent requirements would cause hardship for students at your 
institution. To allow flexibility to consider factors that may be valid 
reasons for a waiver, we do not specify the particular circumstances 
that would support granting a waiver. However, we do not foresee many 
instances in which a waiver will be granted. The fact that it may be 
difficult for you to comply with this provision of the HEA is not a 
basis for granting a waiver.

Applicable Regulations

    The following regulations apply to the FWS program:
    (1) Student Assistance General Provisions, 34 CFR part 668.
    (2) General Provisions for the Federal Perkins Loan Program, 
Federal Work-Study Program, and Federal Supplemental Educational 
Opportunity Grant Program, 34 CFR part 673.
    (3) Federal Work-Study Programs, 34 CFR part 675.
    (4) Institutional Eligibility Under the Higher Education Act of 
1965, as amended, 34 CFR part 600.
    (5) New Restrictions on Lobbying, 34 CFR part 82.
    (6) Government Debarment and Suspension (Nonprocurement) and 
Government Requirements for Drug-Free Workplace (Grants), 34 CFR part 
    (7) Drug and Alcohol Abuse Prevention, 34 CFR part 86.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Donelson, Student Financial 
Assistance, U.S. Department, 400 Maryland Avenue, SW., Suite 600D, 
Portals Building, Washington, DC. Telephone (202) 708-9751. Individuals 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape or computer 
diskette) by contacting the Alternate Format Center at (202) 260-9895 
between 8:30 a.m. and 4:30 p.m., Eastern time, Monday through Friday.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    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://

    Program Authority: 42 U.S.C. 2753.

[[Page 30721]]

    Dated: May 31, 2001.
Greg Woods,
Chief Operating Officer, Student Financial Assistance.
[FR Doc. 01-14383 Filed 6-6-01; 8:45 am]