NOTICE OF SUBSTANTIVE CHANGE
1. Agency Information
Higher Education (Utah Board of), Administration
Utah Board of Higher Education Building, The Gateway
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R765-132. Workforce Pell Grant Program Certification and Oversight
B. Purpose of the new rule or reason for the change:
This proposed new administrative rule, R765-132, is being enacted to meet the requirements of the Workforce Pell federal regulations and SB 195, passed in the 2026 General Session.
Rule R765-132 establishes procedures governing Utah Board of Higher Education certification and oversight of eligible Workforce Pell Grant programs offered by Utah institutions of higher education in compliance with state law and federal requirements.
C. Summary of the new rule or change:
This proposed new administrative rule provides procedures for the certification and oversight of eligible Workforce Pell Grant programs offered by Utah institutions of Higher Education.
New rule R765-132 is being enacted to comply with SB 195 (2026) and Section 53H-11-417.
New rule R765-132 provides an overview of eligible workforce programs, establishes procedures for the certification of such programs, outlines the criteria by which such a program meets federal requirements, and sets out all other relevant procedures related to Workforce Pell Grant Program Certification and Oversight.
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
SB 195 (2026 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
As noted in the Fiscal Note to SB 195 (2026), this rule will not have any fiscal impact on the state budget.
There is no fiscal impact on the state budget because this new rule provides procedures related to the certification and oversight of Workforce Pell Grant programs offered by Utah institutions of higher education.
This rule does not impose any requirements that would create either any cost to or savings for the state budget.
As noted in the Fiscal Note to SB 195 (2026), this rule will not have any fiscal impact on local governments.
There is no fiscal impact on local governments because this new rule provides procedures related to the certification and oversight of Workforce Pell Grant programs offered by Utah institutions of higher education.
This rule does not impose any requirements that would create either any cost to or savings for local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
As noted in the Fiscal Note to SB 195 (2026), this rule will not have any fiscal impact on small businesses.
There is no fiscal impact on small businesses because this new rule provides procedures related to the certification and oversight of Workforce Pell Grant programs offered by Utah institutions of higher education.
This rule does not impose any requirements that would create either any cost to or savings for small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
As noted in the Fiscal Note to SB 195 (2026), this rule will not have any fiscal impact on non-small businesses.
There is no fiscal impact on non-small businesses because this new rule provides procedures related to the certification and oversight of Workforce Pell Grant programs offered by Utah institutions of higher education.
This rule does not impose any requirements that would create either any cost to or savings for non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
As noted in the Fiscal Note to SB 195 (2026), this rule will not have any fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities.
There is no fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities because this new rule provides procedures related to the certification and oversight of Workforce Pell Grant programs offered by Utah institutions of higher education.
This rule does not impose any requirements that would create either any cost to or savings for persons other than small businesses, non-small businesses, state, or local government entities.
F. Compliance costs for affected persons:
This rule does not impose any compliance costs for affected persons because this new rule provides procedures related to the certification and oversight of Workforce Pell Grant programs offered by Utah institutions of higher education and the rule's requirements do not impose or create any compliance costs.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Utah Commissioner of Higher Education, Geoffrey Landward, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
B. Summary of reasonable alternatives or modifications:
The Utah Board of Higher Education does not expect that the implementation of the proposed new Rule R765-132 will have a measurable negative impact on family health, stability, or formation, and as such, no alternatives or modifications are necessary.
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Alison Adams, Board Secretary and
Designee
R765. Higher Education (Utah Board of), Administration.
R765-132. Workforce Pell Grant Program Certification and Oversight. To establish procedures governing Utah Board of Higher Education (Board) certification and oversight of eligible Workforce Pell Grant programs offered by Utah institutions of higher education in compliance with state law and federal requirements. This rule is authorized by Section 53H-11-417. (1) "Board" means the Utah Board of Higher Education. (2) "Completion rate" means the percentage of students who complete a short-term program within 150% of the normal time to completion, consistent with federal Workforce Pell Grant regulations. (3) "Direct assessment" means a program that, in lieu of credit hours or clock-hours as the measure of student learning, utilizes direct assessment of student learning, or recognizes the direct assessment of student learning by others, consistent with 34 CFR 668.10. (4) "Eligible workforce program" means an educational program that an institution of higher education offers and that the Board certifies for submission to the United States Secretary of Education for consideration regarding participation in the federal Workforce Pell Grant program. (5) "Earnings outcomes" means post-completion earnings of federal Workforce Pell Grant program completers, including value-added earnings, which compare program costs to earnings levels as defined under the federal Workforce Pell Grant regulations. (6) "Federal Workforce Pell Grant program" means the program that Section 401 of the Higher Education Act of 1965, 20 USC Sec. 1070a, as amended, establishes as a Workforce Pell Grant program to provide federal Pell Grant assistance to students who the United States Secretary of Education determines are eligible and who enroll in eligible workforce programs. (7) "Job placement rate" means the percentage of Workforce Pell Grant program completers who are employed following completion of a short-term program, consistent with federal Workforce Pell Grant regulations. (8) "Program participation agreement (PPA)" means the agreement between an institution of higher education and the United States Department of Education that governs the institution's participation in Title IV federal student financial aid programs, including eligibility, compliance, and reporting requirements. (9) "Secretary" means the United States Secretary of Education. (10) "Short-term program" means a program of study that: (a) is at least 150 clock-hours of instruction, but less than 600 clock-hours of instruction, or an equivalent number of credit hours; (b) is offered by an institution of higher education over a minimum of 8 weeks, but less than 15 weeks; and (c) meets all additional length, duration, or other requirements under the federal Workforce Pell Grant regulations. (11) "Title IV programs" means federal student financial aid programs authorized under Title IV of the Higher Education Act of 1965, 20 USC Sec. 1070 et seq., including the federal Pell Grant program and the federal Workforce Pell Grant program. R765-132-4. Eligible Workforce Program Overview. (1) Based on the Governor's delegated authority under Section 53H-11-417, the Board, after consulting with the State Workforce Development Board, shall certify short-term programs for submission to the United States Secretary of Education as eligible workforce programs in accordance with this rule. In alignment with federal Workforce Pell Grant regulations, the Board may enter into bilateral agreements with another state for cross-state student enrollment in eligible workforce programs, including through distance education. (2) Subject to Subsection R765-132-4(3), an institution of higher education, regardless of whether it has a physical presence in the state, may not, before receiving certification from the Board and approval from the Secretary: 
