FR Doc 2010-18352
[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Notices]               
[Page 44055-44057]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy10-154]                                

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Part II





Department of Education





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Promoting Postbaccalaureate Opportunities for Hispanic Americans 
(PPOHA) Program; 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: 
maria.carrington@ed.gov.
    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]
BILLING CODE 4000-01-P