1840-AD69 202210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1840 Office of Postsecondary Education OPE 1800 Department of Education ED Pell Grants for Prison Education Programs; Determining the Amount of Federal Education Assistance Funds Received by Institutions of Higher Education (90/10); Change in Ownership and Change in Control

This action merges the following three prior RINs: RIN 1840-AD54 Pell Grants for Prison Education Programs; 1840-AD55 Determining the Amount of Federal Education Assistance Funds Received by Institutions of Higher Education (90/10); 1840-AD66 Change in Ownership and Change in Control.

For Pell Grants for Prison Education Programs, the Consolidated Appropriation Act, 2021 defines prison education programs for purposes of Pell Grant eligibility. The Secretary published final regulations regarding correctional facilities and eligible institutions of higher education seeking to establish eligibility for the Pell Grant program.

For 90/10, to reflect changes to the HEA made by the American Rescue Plan Act, the Secretary published regulations that amend the Student Assistance General Provisions (34 CFR 668.28 Non-Title IV revenue) governing whether proprietary institutions meet the requirement in 34 CFR 668.14(b)(16) that institutions receive at least 10 percent of their revenue from sources other than Federal education assistance funds.

For Changes in Ownership, the Secretary published regulations that amend provisions regulations in 34 CFR 600.31 on institution and program eligibility under the HEA, including 34 CFR 600.31, that are associated with changes in institutional ownership resulting in a change in control.

]]> Economically Significant Previously Published in The Unified Agenda Completed Actions Yes No Completion of a Section 610 Review 34 CFR 600.20 34 CFR 600.21 34 CFR 668.8 34 CFR 668.28 34 CFR 600.31 20 U.S.C. 1001-1002 20 U.S.C. 1070a, 1070a-1, 1070b, 1070c-1, 1070c-2, 1070g 20 U.S.C. 1085, 1087aa-1087hh, 1088 20 U.S.C. 1091 20 U.S.C. 1094 20 U.S.C. 1099b and 1099c 42 U.S.C. 2753 20 U.S.C. 1085, 20 U.S.C. 1088 20 U.S.C. 1091, 20 U.S.C. 1092 20 U.S.C. 1094, 20 U.S.C. 1099a-3 20 U.S.C. 1099c 20 U.S.C. 1091 20 U.S.C. 1099c No Notice of Intent to Commence Negotiated Rulemaking 05/26/2021 86 FR 28299 NPRM 07/28/2022 87 FR 45432 Final Action 10/28/2022 87 FR 65426 No No None No No Yes No Gregory Martin 1840 Office of Postsecondary Education OPE 202 453-7535 gregory.martin@ed.gov 400 Maryland Avenue SW, Room 2C136, Washington DC 20202 Aaron Washington 1840 Office of Postsecondary Education OPE 202 987-0911 aaron.washington@ed.gov 400 Maryland Avenue SW, Washington DC 20202