34 CFR § 403.118 - Under what circumstances may the Secretary waive the distribution requirements for the Postsecondary and Adult Vocational Education Programs?
The Secretary may waive § 403.116(b)(2) for any fiscal or program year for which a State submits to the Secretary an application for such a waiver that -
(a) Demonstrates that the formula in § 403.116(b)(2) does not result in a distribution of funds to the institutions or consortia of eligible institutions within the State that have the highest numbers of economically disadvantaged individuals and that an alternative formula would result in such a distribution.
(b) Includes a proposal for an alternative formula that may include criteria relating to the number of individuals attending institutions or consortia of eligible institutions within the State who -
(1) Receive need-based postsecondary financial aid provided from public funds;
(2) Are members of families participating in the program for aid to families with dependent children under part A of title IV of the Social Security Act (42 U.S.C. 601);
(3) Are enrolled in postsecondary educational institutions that -
(i) Are funded by the State;
(ii) Do not charge tuition; and
(iii) Serve only economically disadvantaged students;
(4) Are enrolled in programs serving economically disadvantaged adults;
(5) Are participants in programs assisted under the JTPA;
(6) Are Pell Grant recipients; and
(c) Proposes an alternative formula that -
(1) Includes direct counts of students enrolled in the institutions or consortia of eligible institutions;
(2) Directly relates to the status of students as economically disadvantaged individuals;
(3) Is to be uniformly applied to all eligible institutions;
(4) Does not include fund pools for specific types of institutions or consortia of eligible institutions;
(5) Does not include the direct assignment of funds to a particular institution or consortium of eligible institutions on a non-formula basis; and
(6) Identifies a more accurate count of economically disadvantaged individuals in the aggregate than does the formula in § 403.116(b)(2).