[Federal Register: June 28, 2000 (Volume 65, Number 125)]
[Rules and Regulations]               
[Page 39814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



34 CFR Part 694

Gaining Early Awareness and Readiness for Undergraduate Programs

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final regulations; interpretation.


SUMMARY: The Secretary interprets and clarifies sections of the 
Department of Education's final regulations governing the Gaining Early 
Awareness and Readiness for Undergraduate Programs (GEAR UP) program 
that were published in the Federal Register on April 27, 2000 (65 FR 
24756). The Secretary takes this action in response to questions that 
have arisen about scholarships for GEAR UP students.

DATES: This interpretation is effective June 28, 2000.

Postsecondary Education, U.S. Department of Education, 1990 K Street, 
NW, Room 6252, Washington, DC 20006. Telephone: (202) 502-7676. If you 
use a telecommunications device for the deaf (TDD), you 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) on 
request to the contact person listed.

SUPPLEMENTARY INFORMATION: In the GEAR UP regulations, in Sec. 694.10, 
we require State and partnership grantees to monitor the treatment of 
GEAR UP scholarships in relation to other aid GEAR UP students may 
receive. Some colleges and universities have raised questions about the 
applicability of the regulations to them.
    The GEAR UP regulations govern the use of GEAR UP funds by GEAR UP 
grantees. Accordingly, the GEAR UP regulations do not apply to 
institutions that are not GEAR UP grantees or do not enroll any GEAR UP 
students. Moreover, under the regulations, no institution is required 
to enroll a GEAR UP student, and if it does so, that institution may 
decline to order the student's aid in the manner required by the 
regulations. In the latter case, however, it would be the grantee's 
responsibility to inform the GEAR UP student that he or she could not 
receive the GEAR UP scholarship to attend that institution. In this 
case, the student would be free to attend that college without the GEAR 
UP scholarship or another college that orders the aid in a manner 
consistent with the regulations with the GEAR UP scholarship.

Waiver of Public Comment

    In accordance with the Administrative Procedure Act, it is the 
practice of the Secretary to offer interested parties the opportunity 
to comment on proposed rules. However, since this document only 
clarifies and interprets an existing regulation, additional public 
comment on this document is not required under 5 U.S.C. 553(b)(A).

Electronic Access to This Document

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Format (PDF) on the Internet at the following sites:


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    Note: The official version of this document is the document 
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(Catalog of Federal Domestic Assistance Number: 84.334 Gaining Early 
Awareness and Readiness for Undergraduate Program)

    Dated: June 21, 2000.
A. Lee Fritschler,
Assistant Secretary, Office of Postsecondary Education.
[FR Doc. 00-16124 Filed 6-27-00; 8:45 am]