[Federal Register: November 28, 1997 (Volume 62, Number 229)]
[Rules and Regulations]               
[Page 63437-63439]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no97-17]


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Part IV





Department of Education





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34 CFR Part 675



Federal Work-Study Programs; Final Rule


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DEPARTMENT OF EDUCATION

34 CFR Part 675

RIN 1840-AC50

 
Federal Work-Study Programs

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final regulations.

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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 
paragraph.

SUPPLEMENTARY INFORMATION:

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 
elementary education.
    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 
activities.
    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 
reading skills.
    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 
Institutions Program.

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.

[[Page 63439]]

    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 
and efficiently.
    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 
costs.
    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 
interest.

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 
postsecondary education.
    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 
requirements.

Intergovernmental Review

    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.

Electronic Access to This Document

    Anyone may review this document, as well as all other Department of 
Education documents published in the Federal Register, in text or 
portable document format (pdf) on the World Wide Web at either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

    To use the pdf you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the pdf, call the U.S. Government Printing 
Office toll free at 1-888-293-6498.
    Anyone may also view these documents in text copy only on an 
electronic bulletin board of the Department. Telephone: (202) 219-1511 
or, toll free, 1-800-222-4922. The documents are located under Option 
G--Files/Announcements, Bulletins and Press Releases.

    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-
Study Program)

    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 
follows:

    Authority: 42 U.S.C. 2751-2756b, unless otherwise noted.

    2. Section 675.26 is amended by revising paragraph (d) to read as 
follows:


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 
if--
    (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