UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF POSTSECONDARY EDUCATION

Issue Paper 6: Federal TRIO Programs 

Session 3: March 4-7, 2024

Draft Consensus Language from March 5, 2024. Note that the language in the Notice of 

Proposed Rulemaking may differ slightly due to technical corrections and formatting.

Issue: Federal TRIO Programs

Statutory cites: § 402A of the Higher Education Act of 1965, as amended (HEA)

Regulatory cites: 34 CFR 643.3, 644.3 and 645.3

Summary of issues:

The regulations in 643.3, 644.3 and 645.3 currently impose citizenship requirements to participate in 

Federal TRIO programs (TRIO) - the Talent Search program, the Educational Opportunity Centers 

program and the Upward Bound program.

The Department proposes to expand participation in several TRIO programs to more students from 

disadvantaged backgrounds to align with the goals of the statute. The TRIO programs are Federal 

outreach and student services programs designed to identify and provide services for individuals from 

disadvantaged backgrounds. TRIO programs serve and assist low-income individuals, first-generation 

college students, students with disabilities, students with limited English proficiency, students 

experiencing homelessness, and students in foster care to progress through the academic pipeline from 

middle school to postbaccalaureate programs. Limitations in the current regulation do not allow for 

TRIO programs to reach all students in the geographic areas for whom the programs were meant to 

serve.

Proposal:

Under § 643.3, 644.3 and 645.3 the Department proposes to:

1. Open eligibility to more students from disadvantaged backgrounds. Current regulations limit 

services to an individual that is a citizen or national of the United States, a permanent resident 

of the United States, a permanent resident of Guam, the Northern Mariana Islands, the Trust 

Territory of the Pacific Islands (Palau), or a resident of the Freely Associated States—the 

Federated States of Micronesia or the Republic of the Marshall Islands. An individual is also 

eligible to participate in the TRIO programs if they are in the United States for other than a 

temporary purpose and provides evidence from the Immigration and Naturalization Service of 

his or her intent to become a permanent resident (i.e., conditional resident aliens, conditional 

entrants, self-petitioners under the Violence Against Women Act (battered immigrants), 

refugees, asylees, victims of human trafficking, Cuban-Haitian entrants, persons paroled into the 

US for at least one year and Jay Treaty students).

The Department proposes to broaden participation by adding language that expands eligibility 

for all students who have enrolled in or who seek to enroll in a high school in the United States, 

territories, or Freely Associated States, which are the geographic areas served by the TRIO

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programs. This proposal will allow the specified TRIO programs to serve additional students who 

are already receiving public educational services from middle and high schools, without 

requiring additional determinations to enable students to participate.

Proposed Regulations Redline

§ 643.3 Who is eligible to participate in a project?

(a) An individual is eligible to participate in a Talent Search project if the individual meets all the 

following requirements:

(1)

(i) Is a citizen or national of the United States;

(ii) Is a permanent resident of the United States;

(iii) Is in the United States for other than a temporary purpose and provides evidence from the 

Immigration and Naturalization Service of his or her intent to become a permanent resident;

(iv) Is a permanent resident of Guam, the Northern Mariana Islands, or the Trust Territory of the 

Pacific Islands (Palau); or

(v) Is a resident of the Freely Associated States—the Federated States of Micronesia or the 

Republic of the Marshall Islands; or.

(vi) If an individual does not meet the requirements of paragraph (a)(1)(i)-(v), then the

individual is enrolled in or seeks to enroll in a high school in the United States, territories, or 

Freely Associated States.

(2)

(i) Has completed five years of elementary education or is at least 11 years of age but not more 

than 27 years of age.

(ii) However, an individual who is more than 27 years of age may participate in a Talent Search 

project if the individual cannot be appropriately served by an Educational Opportunity Center 

project under 34 CFR part 644 and if the individual's participation would not dilute the Talent 

Search project's services to individuals described in paragraph (a)(2)(i) of this section.

(3)

(i) Is enrolled in or has dropped out of any grade from six through 12, or has graduated from 

secondary school; or

(ii) Has undertaken, but is not presently enrolled in, a program of postsecondary education,

§ 644.3 Who is eligible to participate in a project?

(a) An individual is eligible to participate in an Educational Opportunity Centers project if the individual 

meets all of the following requirements:

(1)
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(i) Is a citizen or national of the United States;

(ii) Is a permanent resident of the United States;

(iii) Is in the United States for other than a temporary purpose and provides evidence from the 

Immigration and Naturalization Service of his or her intent to become a permanent resident;

(iv) Is a permanent resident of Guam, the Northern Mariana Islands, or the Trust Territory of the 

Pacific Islands (Palau); or

(v) Is a resident of the Freely Associated States—the Federated States of Micronesia or the 

Republic of the Marshall Islands; or.

(vi) If an individual does not meet the requirements of paragraph (a)(1)(i)-(v), then the

individual is enrolled in or seeks to enroll in a high school in the United States, territories, or 

Freely Associated States.

(2)

(i) Is at least 19 years of age; or

(ii) Is less than 19 years of age, and the individual cannot be appropriately served by a Talent 

Search project under 34 CFR part 643, and the individual's participation would not dilute the 

Educational Opportunity Centers project's services to individuals described in paragraph (a)(2)(i) 

of this section.

(3) Expresses a desire to enroll, or is enrolled, in a program of postsecondary education, and requests 

information or assistance in applying for admission to, or financial aid for, such a program.

§ 645.3 Who is eligible to participate in an Upward Bound project?

An individual is eligible to participate in a Regular, Veterans, or a Math and Science Upward Bound 

project if the individual meets all of the following requirements:

(a)

(1) Is a citizen or national of the United States;.

(2) Is a permanent resident of the United States;.

(3) Is in the United States for other than a temporary purpose and provides evidence from the 

Immigration and Naturalization Service of his or her intent to become a permanent resident.;

(4) Is a permanent resident of Guam, the Northern Mariana Islands, or the Trust Territory of the 

Pacific Islands.;

(5) Is a resident of the Freely Associated States—the Federated States of Micronesia, the 

Republic of the Marshall Islands, or the Republic of Palau.; or

(6) If an individual does not meet the requirements of paragraph (a)(1i)-(5v), then the

individual is enrolled in or seeks to enroll in a high school in the United States, territories, or 

Freely Associated States, provided further that an such individual who is eligible to

participate under this subparagraph is not eligible for a direct cash stipend.

(b) Is—
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(1) A potential first-generation college student;

(2) A low-income individual; or

(3) An individual who has a high risk for academic failure.

(c) Has a need for academic support, as determined by the grantee, in order to pursue successfully a 

program of education beyond high school.

(d) At the time of initial selection, has completed the eighth grade and is at least 13 years old but not 

older than 19, although the Secretary may waive the age requirement if the applicant demonstrates that 

the limitation would defeat the purposes of the Upward Bound program. However, a veteran as defined 

in § 645.6, regardless of age, is eligible to participate in an Upward Bound project if he or she satisfies 

the eligibility requirements in paragraphs (a), (b), and (c) of this section.