Eligibility To Receive Emergency Financial Aid Grants to Students Under the Higher Education Emergency Relief Programs - Final regulations

Sep 4, 2026

Final regulations amend the Department of Education rules so institutions of higher education can determine which currently or previously enrolled individuals are eligible for emergency financial aid grants for expenses tied to COVID-19–related disruptions. The rule changes the definition of “student” under the HEERF programs by removing the earlier requirement that recipients be Title IV eligible and by clarifying eligibility for any individual enrolled on or after the national COVID-19 emergency declaration date.

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Eligibility To Receive Emergency Financial Aid Grants to Students Under the Higher Education Emergency Relief Programs

Executive Summary

Purpose of This Regulatory Action

Summary of the Major Provisions of This Regulatory Action

Costs and Benefits

26608 Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations DEPARTMENT OF EDUCATION 34 CFR Parts 668 and 677 [Docket ID ED–2020–OPE–0078] RIN 1840–AD62 Eligibility To Receive Emergency Financial Aid Grants to Students Under the Higher Education Emergency Relief Programs AGENCY: Office of Postsecondary Education, Department of Education. ACTION: Final regulations. SUMMARY: The Secretary amends the Department of Education regulations so that an institution of higher education (IHE) may appropriately determine which individuals currently or previously enrolled at an institution are eligible to receive emergency financial aid grants to students under the Higher Education Emergency Relief programs, as originally enacted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act (March 27, 2020) . DATES: This rule is effective on May 14, 2021. FOR FURTHER INFORMATION CONTACT: Karen Epps, U.S. Department of Education, 400 Maryland Avenue SW, Room 2B133, Washington, DC 20202. Telephone: (202) 377–3711. Email: [HEERF@ed.gov.](HEERF@ed.gov. If you use a)[ If you use a](HEERF@ed.gov. If you use a)[ ](HEERF@ed.gov. If you use a)telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free at 1–800–877–8339. SUPPLEMENTARY INFORMATION: Executive Summary Purpose of This Regulatory Action On March 27, 2020, Congress enacted the CARES Act, Public Law 116–136, to help the nation cope with the economic and health crises created by the novel coronavirus disease (COVID–19) outbreak. Section 18004 of the CARES Act establishes the Higher Education Emergency Relief Fund (HEERF) and instructs the Secretary to allocate funding to eligible IHEs in connection with the COVID–19 outbreak. Section 18004(c) states that institutions must use at least 50 percent of their allocations ‘‘to provide emergency financial aid grants to students for expenses related to the disruption of campus operations due to coronavirus (including eligible expenses under a student’s cost of attendance, such as food, housing, course materials, technology, health care, and childcare) .’’ Neither section 18004(c) nor any other part of the CARES Act defines the term ‘‘student’’ or the phrases ‘‘grants to students’’ or ‘‘emergency financial aid grants to students.’’ On June 17, 2020, the Department published an interim final rule (IFR) in the Federal Register (85 FR 36494), in which, for purposes of the phrases‘‘grants to students’’ and ‘‘emergency grants to students’’ in section 18004(a)(2),(a)(3), and (c) of the CARES Act,‘‘student’’ was defined as an individual who is, or could be, eligible under section 484 of the Higher Education Act of 1965, as amended (HEA), to participate in programs under title IV of the HEA. Upon further consideration and in response to public comments, the Department is removing the requirement that a student must be eligible for title IV aid to receive financial assistance under the HEERF programs and clarifying in the definition of ‘‘student’’that any individual who is or was enrolled at an eligible institution on or after the date the national emergency was declared for COVID–19 may qualify for assistance under the HEERF programs. Because an individual is no longer required to be eligible for title IV student aid (referred to herein as ‘‘title IV eligible’’) to receive a HEERF student grant, the Department removed the definition of ‘‘student’’ from the general provisions regulations that apply to student assistance under the title IV programs and relocated the revised definition to 34 CFR part 677, which governs the HEERF programs. Summary of the Major Provisions of This Regulatory Action The final regulations define‘‘student,’’ for purposes of the phrases‘‘grants to students,’’‘‘emergency financial aid grants to students,’’ and‘‘financial aid grants to students’’ as used in the HEERF programs, as any individual who is or was

FAQs

What is the purpose of these final regulations?

The regulations amend Department of Education rules so institutions can determine who is eligible to receive HEERF emergency financial aid grants for COVID-19 related disruption expenses.

How does the final rule define “student” for HEERF purposes?

“Student” means any individual who is or was enrolled at an eligible institution on or after March 13, 2020, the date of the national emergency declaration for the novel coronavirus disease.

What major change removes barriers to receiving HEERF grants?

The Department removes the requirement that the individual be eligible for Title IV aid to receive a HEERF student grant and relocates the revised definition of “student” to the HEERF governing regulations.

Sep 4, 2026

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