34 CFR 320.41 PART 324 -- RESEARCH IN EDUCATION OF INDIVIDUALS WITH DISABILITIES PROGRAM
34 CFR 320.41 Subpart A -- General
Sec.
324.1 What is the Research in Education of Individuals with
Disabilities programs?
324.2 Who is eligible to apply for an award under this program?
324.3 What regulations apply to this program?
324.4 What definitions apply to this program?
324.5 -- 324.9 (Reserved)
34 CFR 320.41 Subpart B -- What Priorities Does the Secretary Consider
for Support Under This Program?
324.10 What kinds of priorities are authorized under this part?
324.11 What kinds of research and model projects are supported under
this part?
324.12 -- 324.19 (Reserved)
34 CFR 320.41 Subpart C -- (Reserved)
34 CFR 320.41 Subpart D -- How Does the Secretary Make an Award?
324.30 How does the Secretary select and announce funding priorities
under this program?
324.31 What are the selection criteria for evaluating applications
for research projects?
324.32 What are the selection criteria for evaluating applications
for model projects?
324.33 What are the selection criteria for evaluating
research-related activities other than research and model projects?
324.34 -- 324.39 (Reserved)
34 CFR 320.41 Subpart E -- What Conditions Must Be Met by a Recipient?
324.40 What conditions must be met by a recipient?
324.41 What other conditions must be met by grantees under this
program?
324.42 -- 324.49 (Reserved)
Authority: 20 U.S.C. 1441-1443, unless otherwise noted.
Source: 50 FR 34639, Aug. 26, 1985, unless otherwise noted.
34 CFR 320.41 Subpart A -- General
34 CFR 324.1 What is the Research in Education of Individuals with
Disabilities programs?
The Research in Education of Individuals with Disabilities program
provides support to --
(a) Advance and improve the knowledge base and improve the practice
of professionals, parents, and others providing early intervention,
special education, and related services, including professionals who
work with children with disabilities in regular education environments,
to provide such children effective instruction and enable them to
successfully learn; and
(b) Research and related activities, surveys, or demonstrations
relating to physical education or recreation, including therapeutic
recreation, for children with disabilities.
(Authority: 20 U.S.C. 1441(a); 20 U.S.C 1442))
(56 FR 54697, Oct. 22, 1991)
34 CFR 324.2 Who is eligible to apply for an award under this program?
(a) The Secretary may make grants to, or enter into contracts and
cooperative agreements with, State and local educational agencies,
institutions of higher education, and other public agencies and
nonprofit private organizations for the research and related activities
authorized under Section 641(a) of the Individuals with Disabilities
Education Act.
(b) The Secretary may award grants to States, State or local
educational agencies, institutions of higher education, and other public
or nonprofit private educational or research agencies and organizations,
and may make contracts with States, State and local educational
agencies, institutions of higher education, and other public or private
educational or research agencies and organizations for research and
related purposes authorized under section 642 of the Individuals with
Disabilities Education Act, relating to physical education or recreation
for children with disabilities, and to conduct research, surveys, or
demonstrations relating to physical education or recreation for children
with disabilities.
(Authority: 20 U.S.C. 1441(a), 1442)
(50 FR 34639, Aug. 26, 1985, as amended at 50 FR 43702, Oct. 29,
1985; 56 FR 54697, Oct. 22, 1991)
34 CFR 324.3 What regulations apply to this program?
The following regulations apply to this program:
(a) The regulations in this part 324.
(b) The Education Department General Administrative Regulations
(EDGAR) in the following parts of title 34 of the Code of Federal
Regulations --
(1) Part 74 (Administration of Grants to Institutions of Higher
Education, Hospitals, and Nonprofit Organizations);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions that Apply to Department Regulations);
(4) Part 80 (Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments);
(5) Part 81 (General Education Provisions Act -- Enforcement);
(6) Part 82 (New Restrictions on Lobbying);
(7) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement)
and Governmentwide Requirements for Drug-Free Workplace (Grants)); and
(8) Part 86 (Drug-Free Schools and Campuses).
(Authority: 20 U.S.C. 1441-1444)
(50 FR 34639, Aug. 26, 1985, as amended at 56 FR 54697, Oct. 22,
1991)
34 CFR 324.4 What definitions apply to this program?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
EDGAR
Fiscal year
Grant
Grantee
Local educational agency
Nonprofit
Private
Project
Project period
Secretary
State educational agency
(Authority: 20 U.S.C. 1441-1444)
(b) Definitions in 34 CFR part 300. The following terms used in this
part are defined in 34 CFR 300.5, 300.13, and 300.14:
Children with disabilities
Related services
Special education
(Authority: 20 U.S.C. 1401(a)(1), (16), (17))
(c) Other definitions. In addition to the definitions referred to in
paragraphs (a) and (b) of this section, the following definition applies
to this part: Youth with disabilities means any child with disabilities
who --
(1) Is twelve years of age or older; or
(2) Is enrolled in the seventh or higher grade in school.
(Authority: 20 U.S.C. 1401(b))
(50 FR 34639, Aug. 26, 1985, as amended at 56 FR 54697, Oct. 22,
1991)
324.5 -- 324.9 (Reserved)
34 CFR 324.4 Subpart B -- What Priorities Does the Secretary Consider for Support Under This Program?
34 CFR 324.10 What kinds of priorities are authorized under this part?
(a) The priorities under 324.1(a) must support innovation,
development, exchange, and use of advancements in knowledge and practice
designed to contribute to the improvement of instruction and learning of
infants, toddlers, children, and youth with disabilities.
(b) Under this part, the Secretary may support a wide range of
research and related activities designed to --
(1) Advance knowledge regarding the provision of instruction and
other interventions to infants, toddlers, children, and youth with
disabilities including the --
(i) Organization, synthesis, and interpretation of current knowledge
and the identification of knowledge gaps;
(ii) Identification of knowledge and skill competencies needed by
personnel providing special education, related services, and early
intervention services;
(iii) Improvement of knowledge regarding the developmental and
learning characteristics of infants, toddlers, children, and youth with
disabilities in order to improve the design and effectiveness of
interventions and instruction;
(iv) Evaluation of approaches and interventions;
(v) Development of instructional strategies, techniques, and
activities;
(vi) Improvement of curricula and instructional tools such as
textbooks, media, materials, and technology;
(vii) Development of assessment techniques, instruments (including
tests, inventories, and scales), and strategies for measurement of
progress and the identification, location, and evaluation of infants,
toddlers, children, and youth with disabilities for the purpose of
determining eligibility, program planning, and placement for special
education, related services, and early intervention services;
(viii) Testing of research findings in practice settings to determine
the application, usability, effectiveness, and generalizability of such
research findings;
(ix) Improvement of knowledge regarding families, minorities, limited
English proficiency, and disabling conditions; and
(x) Identification of environmental organizational, resource, and
other conditions necessary for effective professional practice; and
(2) Advance the use of knowledge by personnel providing special
education, related services, and early intervention services including
the --
(i) Improvement of knowledge regarding how such individuals learn new
knowledge and skills, and strategies for effectively facilitating such
learning in preservice, inservice, and continuing education;
(ii) Organization, integration, and presentation of knowledge so that
such knowledge can be incorporated and imparted in personnel
preparation, continuing education programs, and other relevant training
and communication vehicles; and
(iii) Expansion and improvement of networks that exchange knowledge
and practice information;
(3) Disseminate information on research and related activities
conducted under this part to regional resource centers, interested
individuals, and organizations;
(4) conduct research and related activities, surveys, or
demonstrations relating to physical education or recreation, including
therapeutic recreation, for children with disabilities.
(Authority: 20 U.S.C. 1441(a); 20 U.S.C. 1442)
(c) The Secretary also may support student-initiated or
field-initiated projects consistent with the purpose of the program, as
described in 324.1.
(56 FR 54697, Oct. 22, 1991, as amended at 57 FR 28966, June 29,
1992)
Effective Date Note: At 57 FR 28966, June 29, 1992, 324.10 was
amended by adding paragraph (c), effective either 45 days after
publication in the Federal Register or later if Congress takes certain
adjournments.
34 CFR 324.11 What kinds of research and model projects are supported
under this part?
(a) Research projects supported under this part must be designed to
generate knowledge about the early intervention or education of infants,
toddlers, children, and youth with disabilities and to translate that
knowledge into practical techniques and materials.
(b) Model projects supported under this part must develop and
implement innovative early intervention or educational programs that
serve infants, toddlers, children, and youth with disabilities either
directly or indirectly. These projects must be designed to --
(1) Improve significantly an aspect of the early intervention or
education of infants, toddlers, children, and youth with disabilities;
(2) Provide information about the comparative effectiveness of the
model being demonstrated;
(3) Continue beyond the award period; and
(4) Provide for dissemination and replication of a successful
program.
(Authority: 20 U.S.C. 1441, 1442)
(50 FR 34639, Aug. 26, 1985, as amended at 52 FR 43483, Nov. 12 1987;
56 FR 54698, Oct. 22, 1991)
324.12 -- 324.19 (Reserved)
34 CFR 324.11 Subpart C -- (Reserved)
34 CFR 324.11 Subpart D -- How Does the Secretary Make an Award?
34 CFR 324.30 How does the Secretary select and announce funding
priorities under this program?
(a) For any fiscal year, the Secretary may give priority to one or
more of the types of activities under 324.10.
(b) Under section 641(c) of the Individuals with Disabilities
Education Act, the Secretary publishes proposed research priorities for
public comment in the Federal Register not later than twelve months
preceding the fiscal year for which they are being announced. The
Secretary publishes final priorities for this program not later than 90
days after the close of the comment period.
(c) The Secretary establishes separate competitions for research and
model projects for any activity for which the Secretary provides
assistance under this part.
(Authority: 20 U.S.C. 1441(c), 1442)
(50 FR 34639, Aug. 26, 1985, as amended at 56 FR 54698, Oct. 22,
1991)
34 CFR 324.31 What are the selection criteria for evaluating
applications for research projects?
The Secretary uses the criteria in this section to evaluate
applications for research projects. The maximum score for all of the
criteria is 100 points.
(a) Plan of operation. (10 points)
(1) The Secretary reviews each application to determine the quality
of the plan of operation for the project.
(2) The Secretary looks for --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(b) Quality of key personnel. (10 points)
(1) The Secretary reviews each application to determine the
qualifications of the key personnel that applicant plans to use on the
project.
(2) The Secretary considers --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other evidence that the applicant provides.
(c) Budget and cost effectiveness. (5 points)
(1) The Secretary reviews each application to determine if the
project has an adequate budget and is cost effective.
(2) The Secretary considers the extent to which --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (5 points)
(1) The Secretary reviews each application to determine the quality
of the evaluation plan for the project.
Cross reference: 34 CFR 75.590, Evaluation by the grantee.
(2) The Secretary considers the extent to which the methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(e) Adequacy of resources. (5 points)
(1) The Secretary reviews each application to determine if the
applicant plans to devote adequate resources to the project.
(2) The Secretary considers the extent to which --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) Importance. (10 points) The Secretary reviews each application
to determine the importance of the project in leading to the
understanding of, remediation of, or compensation for, the problem or
issue that relates to the early intervention with or special education
of infants, toddlers, children, and youth with disabilities.
(g) Impact. (5 points) The Secretary reviews each application to
determine the probable impact of the proposed research and development
products and the extent to which those products can be expected to have
a direct influence on infants, toddlers, children, and youth with
disabilities or personnel responsible for their education or early
intervention services.
(h) Organizational capability. (10 points) The Secretary considers
--
(1) The applicant's experience in special education or early
intervention services; and
(2) The ability of the applicant to disseminate the findings of the
project to appropriate groups to ensure that they can be used
effectively.
(i) Technical soundness. (40 points) The Secretary reviews each
application to determine the technical soundness of the research or
evaluation plan, including --
(1) The design;
(2) The proposed sample;
(3) Instrumentation; and
(4) Data analysis procedures.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1441-1442)
(50 FR 34639, Aug. 26, 1985, as amended at 52 FR 43483, Nov. 12,
1987; 53 FR 49145, Dec. 6, 1988; 56 FR 54698, Oct. 22, 1991)
34 CFR 324.32 What are the selection criteria for evaluating
applications for model projects?
The Secretary uses the criteria in this section to evaluate
applications for model project awards. The maximum score for all of the
criteria is 100 points.
(a) Plan of operation. (10 points)
(1) The Secretary reviews each application to determine the quality
of the plan of operation for the project.
(2) The Secretary looks for --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(b) Quality of key personnel. (10 points)
(1) The Secretary reviews each application to determine the
qualifications of the key personnel the applicant plans to use on the
project;
(2) The Secretary considers --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(3) To determine personnel qualification, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other evidence that the applicant provides.
(c) Budget and cost effectiveness. (5 points)
(1) The Secretary reviews such application to determine if the
project has an adequate budget and is cost effective.
(2) The Secretary considers the extent to which --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (10 points)
(1) The Secretary reviews each application to determine the quality
of the evaluation plan for the project.
Cross-reference: 34 CFR 75.590, Evaluation by the grantee.
(2) The Secretary considers the extent to which the methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(e) Adequacy of resources. (5 points)
(1) The Secretary reviews each application to determine if the
applicant plans to devote adequate resources to the project.
(2) The Secretary considers the extent to which --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) Importance. (10 points) The Secretary reviews each application
to determine if --
(1) The service delivery problem addressed by the proposed project is
of concern to others in the Nation, and;
(2) The importance of the project in addressing the problem or issue.
(g) Innovativeness. (15 points)
(1) The Secretary reviews each application to determine the
innovativeness of the proposed project.
(2) The Secretary looks for a conceptual framework that --
(i) Is founded on previous theory and research; and
(ii) Provides a basis for the unique strategies and approaches to be
incorporated into the model.
(h) Organizational capability. (10 points) The Secretary considers
--
(1) The applicant's experience in special education or early
intervention services; and
(2) The applicant's ability to disseminate findings of the project to
appropriate groups to ensure that they can be used effectively.
(i) Technical soundness. (25 points)
(1) The Secretary reviews each application to determine the technical
soundness of the plan for the development, implementation, and
evaluation of the model with respect to such matters as --
(i) The population to be served;
(ii) The model planning process;
(iii) Record keeping systems;
(iv) Coordination with other service providers;
(v) The identification and assessment of students;
(vi) Interventions to be used, including proposed curricula;
(vii) Individualized educational program planning; and
(viii) Parent and family participation.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1441-1442)
(50 FR 34639, Aug. 26, 1985, as amended at 52 FR 43483, Nov. 12,
1987; 53 FR 49145, Dec. 6, 1988; 56 FR 54698, Oct. 22, 1991)
34 CFR 324.33 What are the selection criteria for evaluating
research-related activities other than research and model projects?
The Secretary uses the criteria in 34 CFR 75.210 (Selection criteria
for a discretionary grant program that does not have regulations) (to
evaluate applications for new awards for research-related activities
other than research and model projects.
(Authority: 20 U.S.C. 1441-1442).
324.34 -- 324.39 (Reserved)
34 CFR 324.33 Subpart E -- What Conditions Must Be Met by a Recipient?
34 CFR 324.40 What conditions must be met by a recipient?
Not more than 90 days after the completion of a project assisted
under this part, each recipient must submit a report to the Secretary
that includes --
(a) An abstract of the project;
(b) For a research project, a description of the research problem and
the methodological approach used in the research study; or
(c) For a model project --
(1) A description of the model which permits replication, in part or
in whole, by appropriate parties to which it is disseminated; and
(2) A description of the evaluation procedures and findings related
to the effectiveness of the model;
(d) A summary of the project findings; and
(e) A statement of the conclusions.
(Approved by the Office of Management and Budget under control number
1820-0002)
(Authority: 20 U.S.C. 1441(d))
34 CFR 324.41 What other conditions must be met by grantees under this
program?
Grantees shall, if appropriate, prepare reports describing their
procedures, findings, and other relevant information in a form that will
maximize the dissemination and use of such procedures, findings, and
information. The Secretary shall require their delivery, as
appropriate, to the Regional and Federal Resource Centers, the
Clearinghouses, and the Technical Assistance to Parents Program (TAPP)
assisted under parts C and D of the Act, as well as the National
Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted,
and the Child and Adolescent Service Systems Program (CASSP) under the
National Institute of Mental Health, appropriate parent and professional
organizations, organizations representing individuals with disabilities,
and such other networks as the Secretary may determine to be
appropriate.
(Authority: 20 U.S.C. 1409(g))
(Approved by the Office of Management and Budget under control number
1820-0028)
(56 FR 54698, Oct. 22, 1991, as amended at 57 FR 14315, Apr. 17,
1992)
324.42 -- 324.49 (Reserved)
34 CFR 324.41 PART 325 -- STATE SYSTEMS FOR TRANSITION SERVICES FOR YOUTH WITH DISABILITIES PROGRAM
34 CFR 324.41 Subpart A -- General
Sec.
325.1 What is the State systems for transition services for youth
with disabilities program?
325.2 Who is eligible for a grant?
325.3 How must States use funds under this program?
325.4 What regulations apply?
325.5 What definitions apply?
34 CFR 324.41 Subpart B -- How Does a State Apply for a Grant?
325.10 What must an application include?
34 CFR 324.41 Subpart C -- How Does the Secretary Make a Grant?
325.20 How does the Secretary evaluate an application?
325.21 What selection criteria does the Secretary use?
34 CFR 324.41 Subpart D -- What Conditions Must Be Met After a Grant?
325.30 What other conditions must be met by a grantee under this
program?
Authority: 20 U.S.C. 1425(e), unless otherwise noted.
Source: 56 FR 66291, Dec. 20, 1991, unless otherwise noted.
34 CFR 324.41 Subpart A -- General
34 CFR 325.1 What is the State systems for transition services for
youth with disabilities program?
This program provides assistance to States to develop, implement, and
improve systems to provide transition services for youth with
disabilities from age 14 through the age they exit school.
(Authority: 20 U.S.C. 1425(e)(1))
34 CFR 325.2 Who is eligible for a grant?
Under this program the Secretary may make a one-time, five-year grant
--
(a) To a State educational agency and a State vocational
rehabilitation agency that submit a joint application; or
(b) If a vocational rehabilitation agency does not choose to
participate, to a State educational agency and a State agency that
provides transition services to individuals who are leaving programs
under the Act, that submit a joint application.
(Authority: 20 U.S.C. 1425(e)(2))
34 CFR 325.3 How must States use funds under this program?
Agencies that receive grants under this program shall use grant funds
to --
(a) Increase the availability, access, and quality of transition
assistance through the development and improvement of policies,
procedures, systems, and other mechanisms for youth with disabilities
and their families as those youth prepare for and enter adult life;
(b) Improve the ability of professionals, parents, and advocates to
work with those youth in ways that promote the understanding of and the
capability to successfully make the transition from student to adult;
(c) Improve working relationships among education personnel, both
within LEAs and in postsecondary training programs, relevant State
agencies, the private sector (especially employers), rehabilitation
personnel, local and State employment agencies, local Private Industry
Councils authorized by the Job Training Partnership Act, and families of
students with disabilities and their advocates to identify and achieve
consensus on the general nature and specific application of transition
services to meet the needs of those youth;
(d) Create an incentive for accessing and using the expertise and
resources of programs, projects, and activities related to transition
funded under this program and with other sources;
(e) Create incentives for the implementation of lasting State-wide
system changes in the transition of students with disabilities to
postsecondary training, education, and employment; and
(f) Assist the State education agency in implementing the requirement
in section 602(a)(20)(D) of the Act that the student's individualized
education program include a statement of needed transition services for
students, beginning no later than age 16 and annually thereafter (and,
if determined appropriate for the individual, beginning at age 14),
including, if appropriate, a statement of the interagency
responsibilities or linkages, (or both) before the student leaves the
school setting.
(Authority: 20 U.S.C. 1425(e)(3))
34 CFR 325.4 What regulations apply?
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR --
(1) Part 75 (Direct Grant Programs);
(2) Part 77 (Definitions that Apply to Department Regulations);
(3) Part 79 (Intergovernmental Review of Department of Education
Programs and Activities);
(4) Part 80 (Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments);
(5) Part 81 (General Education Provisions Act -- Enforcement);
(6) Part 82 (New Restrictions on Lobbying);
(7) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement)
and Governmentwide Requirements for Drug-Free Workplace (Grants)); and
(8) Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this Part 325.
(Authority: 20 U.S.C. 1425(e))
34 CFR 325.5 What definitions apply?
(a) Definition in the Act. The following term used in this part is
defined in section 602(a)(19) of the Individuals with Disabilities
Education Act:
Transition services
(b) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Application
EDGAR
Grant
Local education agency (LEA)
Project
Secretary
State
State educational agency (SEA)
(c) Other Definitions. The following definitions also apply to this
Part:
''Act'' means the Individuals with Disabilities Education Act.
''Youth with disabilities'' means individuals with disabilities from
age 14 through the age they exit school.
(Authority: 20 U.S.C. 1425(e))
34 CFR 325.5 Subpart B -- How Does a State Apply for a Grant?
34 CFR 325.10 What must an application include?
An application under this program must include the following:
(a) A description of how the State educational agency and State
vocational rehabilitation agency or other State agency will use --
(1) The first year, if necessary, to plan how to implement transition
services;
(2) The second through fourth years to develop and implement
transition services; and
(3) The fifth year to evaluate transition services.
(b) A description of how the grant funds will be used during the
planning period and phased out during the evaluation period to ensure
the continuation of transition services.
(c) A description of the current availability, access, and quality of
transition services for eligible youth and a description of how, over
five years, the State will improve and expand the availability, access,
and quality of transition services for youth with disabilities and their
families as those youth prepare for and enter adult life.
(d) A description of how the State will improve and increase the
ability of professionals, parents, advocates, and youth to promote the
understanding of and the capability to successfully make the transition
from student to adult.
(e) A description of how the State will improve and increase working
relationships among education personnel, both with LEAs and in
postsecondary training programs, relevant State agencies, the private
sector (especially employers), rehabilitation personnel, local and State
employment agencies, local Private Industry Councils authorized by the
Job Training Partnership Act, students with disabilities, their
families, and their advocates to identify and achieve consensus on the
general nature and specific application of transition services to meet
the needs of youth with disabilities.
(f) A description of how the State will use grant funds as an
incentive for accessing and using the expertise and resources of
programs, projects, and activities related to transition funded through
this program and with other sources.
(g) A description of how the State will address, in whole or in part,
the needs of youth with disabilities from minority backgrounds.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1410(b), 1425(e)(4)(A))
34 CFR 325.10 Subpart C -- How Does the Secretary Make a Grant?
34 CFR 325.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application submitted under this
program on the basis of the criteria in 325.21.
(b) The Secretary awards up to 100 points under these criteria.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(Authority: 20 U.S.C. 1425(e))
34 CFR 325.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate the quality of
an application submitted under this part:
(a) Extent of need and expected impact (20 points). The Secretary
reviews each application to determine the justification for the proposed
activities in the State based on the State need for and expected impact
from the activities to develop, implement, and improve systems to
provide transition services for youth with disabilities from age 14
through the age they exit school. The Secretary looks for information
that provides --
(1) A description of the current availability, access, and quality of
transition services for eligible youth and a description of how, over
five years, the State will improve and expand the availability, access,
and quality of transition services for youth with disabilities and their
families as those youth prepare for and enter adult life;
(2) A description of how the State will improve and increase the
ability of professionals, parents, advocates, and youth to promote the
understanding of and the capability to successfully make the transition
from student to adult;
(3) A description of how the State will improve and increase working
relationships among education personnel, both within LEAs and in
postsecondary training programs, relevant State agencies, the private
sector (especially employers), rehabilitation personnel, local and State
employment agencies, local Private Industry Councils authorized by the
Job Training Partnership Act, students with disabilities, their
families, and their advocates to identify and achieve consensus on the
general nature and specific application or transition services to meet
the needs of youth with disabilities:
(4) A description of how the State will use grant funds as an
incentive for accessing and using the expertise and resources of
programs, projects, and activities related to transition funded under
this program and with other sources; and
(5) A description of how the State will address the unique needs of
youth with disabilities from minority backgrounds.
(b) Technical soundness (25 points). The Secretary reviews each
application to determine the technical soundness of the project and
whether the applicant has the capacity to achieve lasting statewide
change, including a description of how the State will --
(1) Target resources to school settings, such as providing access to
rehabilitation counselors for students with disabilities who are in
school settings;
(2) Target a substantial amount of grant funds, received under this
program, to program evaluation and documentation of, and dissemination
of information about, transition services as well as to improve the
capacity for case management;
(3) Provide incentives for interagency and private sector resource
pooling and otherwise investing in transition services, especially in
the form of cooperative agreements, particularly with Private Industry
Councils authorized by the Job Training Partnership Act and local
branches of State employment agencies;
(4) Provide for early, ongoing information and training for those
involved with or who could be involved with transition services --
professionals, parents, youth with disabilities, including self-advocacy
training for those youth, and advocates for those youth as well as
Private Industry Councils authorized by the Job Training Partnership Act
and local branches of State employment agencies;
(5) Provide for the early and direct involvement of all relevant
parties, including Private Industry Councils authorized by the Job
Training Partnership Act and local branches of State employment
agencies, in operating and planning improvements in transition services,
and the early and direct involvement of all relevant parties in planning
and implementing transition services for individual youth;
(6) Provide access to training for eligible youth that matches labor
market needs in their communities;
(7) Integrate transition services with relevant opportunities in
communities, including those sponsored by Private Industry Councils
authorized by the Job Training Partnership Act and local employment
agencies;
(8) Clearly define the services and service delivery system that will
result from the project. The State must have analyzed in detail how
these will differ from the current services and current delivery system;
(9) Identify all relevant barriers to implementing the proposed
statewide changes and identify and propose appropriate strategies for
eliminating those barriers;
(10) Use an evaluation plan for transition services that is outcome
oriented, that focuses on individual youth-focused benefits, and that is
based on standard sources of information such as the individualized
education programs required by the IDEA;
(11) Disseminate annually information about project activities and
procedures and information from project evaluation activities, including
information regarding effective strategies and obstacles to achieving
project goals, to the organizations described in 325.30, and to other
interested organizations within the State; and
(12) Ensure that, if appropriate and no later than age 22, eligible
youth who participate in transition services under this program would be
served as appropriate in the State section 110 program, the title VI,
part C program, or the title VII, part A program, authorized under the
Rehabilitation Act of 1973, as amended.
(c) Plan of operation (20 points). The Secretary reviews each
application for information that shows the quality of the plan of
operation for the project, including --
(1) An effective plan of management delineating the roles of both
participating agencies and ensures proper and efficient administration
of the project;
(2) A clear description of how the objectives of the project relate
to the purpose of the program;
(3) The way the joint applicants plan to use their resources and
personnel to achieve each objective;
(4) A description of how all State and other agencies whose
cooperation and participation are necessary for statewide implementation
are actively collaborating in project management;
(5) A description of how the joint applicants will provide for the
direct participation of youth with disabilities and parents in the
planning, development, and implementation of the project;
(6) A description of the procedures to be used to ensure that youth
and their families who are potentially eligible for the disability
programs of the Social Security Administration are provided information,
training, and referral services;
(7) A description of how the first year will be used to plan, if
necessary, how to implement transition services, the second through
fourth years to develop and implement transition services, and the fifth
year to evaluate statewide services;
(8) Whether the budget is adequate to support the project and costs
are reasonable in relation to the objectives of the project; and
(9) The extent to which grant funds will be used during the planning
period and phased out during the evaluation period to ensure the
continuation of transition services.
(d) Quality of key personnel (25 points, distributed as indicated).
(1) The Secretary reviews each application for information that shows
the qualifications of key personnel the applicant plans to use on the
project, including information that shows --
(i) The qualifications of the project director (8 points); and
(ii) The qualifications of each of the other key personnel to be used
in the project, including experience and training in fields related to
the objectives of the project (7 points).
(2) In determining the qualifications of each person referred to in
paragraphs (d)(1) (i) and (ii) of this section the Secretary also
considers --
(i) The time that each person will commit to the project;
(ii) Experience and training in conducting, documenting, and applying
the types of activities to be conducted; and
(iii) Knowledge of the results and findings of relevant projects and
potential for application of this information in addressing the need for
transitional services to youth with disabilities.
(3) Recruitment of underrepresented populations (10 points). The
Secretary reviews each application for information that shows effective
efforts are being made to recruit members of underrepresented
populations as project staff, including --
(i) Strategies to recruit employees who are members of
underrepresented populations, including members of racial or ethnic
minority groups and individuals with disabilities; and
(ii) Procedures to provide training and other necessary support to
retain and advance qualified personnel from underrepresented
populations.
(e) Evaluation (10 points). The Secretary reviews each application
to determine the quality of the plan for evaluating the project
throughout the entire grant, leading to the required fifth year
evaluation. The Secretary reviews factors including --
(1) The adequacy of the applicant's plan to determine the
effectiveness of the project in achieving measurable changes in State
policy, programs, and services that improve systems providing transition
services for youth with disabilities.
(2) The adequacy of the applicant's plan to determine the
effectiveness and timeliness in completion of the managerial procedures
and objectives of the project's plan of operation; and
(3) The procedures for recording, reviewing, analyzing, and
interpreting for relevant audiences, data generated through conducting
project activities.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1425(e))
34 CFR 325.21 Subpart D -- What Conditions Must Be Met After a Grant?
34 CFR 325.30 What other conditions must be met by a grantee under this
program?
(a) The Secretary, if appropriate, requires grantees to prepare
reports describing their procedures, findings, and other relevant
information in a form that will maximize the dissemination and use of
those procedures, findings, and information.
(b) The Secretary requires delivery of those reports, as appropriate,
to --
(1) The regional and Federal resource centers, the clearinghouses,
and the technical assistance to parents programs assisted under parts C
and D of the Act;
(2) The National Diffusion Network;
(3) The ERIC Clearinghouse on the Handicapped and Gifted;
(4) The Child and Adolescent Service Systems Program (CASSP) under
the National Institute of Mental Health;
(5) Appropriate parent and professional organizations;
(6) Organizations representing individuals with disabilities; and
(7) Such other networks as the Secretary may determine to be
appropriate.
(c) Each grantee shall participate in the evaluation conducted by the
institution of higher education or nonprofit public or private
organization supported to implement Section 626(f)(3)(A) of the Act.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1410(g), 1425(f)(3))
34 CFR 325.30 PART 326 -- SECONDARY EDUCATION AND TRANSITIONAL SERVICES FOR YOUTH WITH DISABILITIES PROGRAM
34 CFR 325.30 Subpart A -- General
Sec.
326.1 What is the Secondary Education and Transitional Services for
Youth with Disabilities program?
326.2 Who is eligible to apply for an award under this program?
326.3 What regulations apply to this program?
326.4 What definitions apply to this program?
326.5 -- 326.9 (Reserved)
34 CFR 325.30 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
326.10 What kind of projects are authorized under this part?
326.11 -- 326.19 (Reserved)
34 CFR 325.30 Subpart C -- How Does One Apply for a Grant?
326.20 What must an applicant include in its application?
326.21 -- 326.29 (Reserved)
34 CFR 325.30 Subpart D -- How Does the Secretary Make a Grant?
326.30 What priorities are considered for support by the Secretary
under this part?
326.31 How does the Secretary establish priorities?
326.32 What are the selection criteria for evaluating applications
for research and evaluation projects?
326.33 What are the selection criteria for evaluating applications
for model projects?
326.34 Are awards in this program geographically dispersed?
326.35 -- 326.39 (Reserved)
34 CFR 325.30 Subpart E -- What Conditions Must Be Met by a Grantee?
326.40 What is the requirement for participation of students with
disabilities and their parents?
326.41 What coordination requirements must a grantee meet?
326.42 What other conditions must be met by grantees under this
program?
326.43 -- 326.49 (Reserved)
Authority: 20 U.S.C. 1425, unless otherwise noted.
Source: 49 FR 28383, July 11, 1984, unless otherwise noted.
34 CFR 325.30 Subpart A -- General
34 CFR 326.1 What is the Secondary Education and Transitional Services
for Youth with Disabilities program?
(a)(1) The purpose of this program is to assist youth with
disabilities in the transition from secondary school to postsecondary
environments such as competitive or supported employment.
(2) The Secretary carries out this purpose by providing assistance
for projects that --
(i) Strengthen and coordinate education and related services that
assist youth with disabilities currently in school or who recently left
school to assist them in the transition to competitive or supported
employment, postsecondary education, vocational training, continuing
education, independent and community living or adult services;
(ii) Stimulate the improvement and development of programs for
secondary special education; or
(iii) Stimulate the improvement of the vocational and life skills of
students with disabilities to enable them to be better prepared for
transition to adult life and services.
(b) The purpose of this program is also to ensure that secondary
special education and transitional services result in competitive or
supported employment for youth with disabilities.
(Authority: 20 U.S.C. 1425)
(49 FR 28383, July 11, 1984, as amended at 52 FR 34368, Sept. 10,
1987; 56 FR 54698, Oct. 22, 1991)
34 CFR 326.2 Who is eligible to apply for an award under this program?
The Secretary may provide assistance under this program by grants to,
or contracts with --
(a) Institutions of higher education;
(b) State educational agencies;
(c) Local educational agencies; and
(d) Other public and private nonprofit institutions or agencies
(including the State job training coordinating councils and service
delivery area administrative entities established under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.)).
(Authority: 20 U.S.C. 1425(a))
34 CFR 326.3 What regulations apply to this program?
The following regulations apply to awards under the Secondary
Education and Transitional Services for Youth with Disabilities program:
(a) The regulations in this part 326.
(b) The Education Department General Administrative Regulations
(EDGAR) in title 34 of the Code of Federal regulations in --
(1) Part 74 (Administration of Grants to Institutions of Higher
Education, Hospitals, and Nonprofit Organizations);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions);
(4) Part 79 (Intergovernmental Review of Department of Education
Programs and Activities);
(5) Part 80 (Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments);
(6) Part 81 (General Education Provisions Act -- Enforcement);
(7) Part 82 (New Restrictions on Lobbying);
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement)
and Governmentwide Requirement for Drug-Free Workplace (Grants)); and
(9) Part 86 (Drug-Free Schools and Campuses).
(Authority: 20 U.S.C. 1425; 20 U.S.C. 3474(a))
(49 FR 28383, July 11, 1984, as amended at 56 FR 54698, Oct. 22,
1991)
34 CFR 326.4 What definitions apply to this program?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
EDGAR
Fiscal year
Grant
Grantee
Local educational agency
Nonprofit
Private
Project
Project period
Public
Secondary school
Secretary
State
State educational agency
(Authority: 20 U.S.C. 1425; 20 U.S.C. 3474(a))
(b) Definitions in 34 CFR part 300. The following terms used in this
part are defined in 34 CFR 300.5,300.13, and 300.14:
Children with disabilities
Related services
Special education
(Authority: 20 U.S.C. 1401(a) (1), (16), (17))
(c) Other definitions. In addition to the definitions referred to in
paragraphs (a) and (b) of this section, the following definitions apply
to this part:
(1) Youth with disabilities means any child with disabilities who --
(i) Is twelve years of age or older;
(ii) Is enrolled in the seventh or higher grade in school; or
(iii) Was enrolled in the seventh or higher grade in school and
recently left school.
(Authority: 20 U.S.C. 1401(b), 1425(a)(1))
(2) Supported employment is paid work in a variety of settings,
particularly regular work sites, especially designed for individuals
with disabilities --
(i) For whom competitive employment at or above the minimum wage is
not immediately obtainable; and
(ii) Who, because of their disability, need intensive on-going
support to perform in a work setting.
(Authority: 20 U.S.C. 1425)
(49 FR 28383, July 11, 1984, as amended at 52 FR 34368, Sept. 10,
1987; 56 FR 54698, 54699, Oct. 22, 1991)
326.5 -- 326.9 (Reserved)
34 CFR 326.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under This Program?
34 CFR 326.10 What kinds of projects are authorized under this part?
(a) This program supports research, development, demonstration,
evaluation, and other types of projects for the following purposes:
(1) To improve secondary education programs for youth with
disabilities.
(2) To coordinate with other activities serving this population.
(3) To provide education and related services to assist youth with
disabilities in the transitional process to postsecondary education,
vocational training, competitive employment, continuing education,
independent or community living, or adult services.
(4) To stimulate the improvement of the vocational and life skills of
students with disabilities to enable them to be better prepared for
transition to adult life and services.
(b) Projects funded under this part must serve youth with
disabilities and may also include other individuals with disabilities
who have recently left special education programs.
(Authority: 20 U.S.C. 1425)
(49 FR 28383, July 11, 1984, as amended at 52 FR 34369, Sept. 10,
1987; 56 FR 54698, 54699, Oct. 22, 1991)
326.11 -- 326.19 (Reserved)
34 CFR 326.10 Subpart C -- How Does One Apply for a Grant?
34 CFR 326.20 What must an applicant include in its application?
(a) Each applicant must include in its application information
demonstrating how the activities it proposes will lead to competitive or
supported employment of individuals with disabilities.
(b) Each applicant, other than for the purpose of conducting studies
or evaluation, shall --
(1) Describe the procedures to be used for disseminating relevant
findings and data to regional resource centers, clearinghouses, and
other interested persons, agencies, or organizations;
(2) Describe the procedures to be used for coordinating services
among agencies for which youth with disabilities are or will be
eligible;
(3) Provide for the direct participation of students with
disabilities and the parents of handicapped students in the planning,
development, and implementation of such projects.
(c) Each applicant for activities described in 326.30 (a) and (b)
that is not an educational agency must include in its application
information demonstrating how it has met, and will meet, the
requirements of 326.41.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1425)
(49 FR 28383, July 11, 1984, as amended at 52 FR 34369, Sept. 10,
1987; 56 FR 54698, 54699, Oct. 22, 1991)
326.21 -- 326.29 (Reserved)
34 CFR 326.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 326.30 What priorities are considered for support by the
Secretary under this part?
The Secretary may select annually one or more of the following
priority areas for funding:
(a) Transition strategies and techniques. This priority supports
research projects designed to develop strategies and techniques for
transition to competitive or supported employment through improvements
in independent living skills, secondary and postsecondary education,
vocational preparation, and availability of work opportunities.
(b) Service demonstration models. This priority supports projects
that develop and establish exemplary models for services and
individualized education programs, including independent living
vocational training and job placement, that result directly in paid
employment in regular work settings for youth with disabilities leaving
school, or that enhance the effectiveness of secondary and postsecondary
services which lead to employment or independent living.
(c) Demographic studies. This priority supports demographic studies
of the numbers, locations, age levels, types and degrees of disabilities
of youth with disabilities, and anticipated transition and adult
services needed by those youth to obtain competitive or supported
employment.
(d) Service delivery research projects. This priority supports
research projects, including field testing and evaluation of innovative
service approaches to service delivery models or components to assist
youth with disabilities in secondary school and in other services that
assist transition to employment. These service delivery approaches can
be replicated and disseminated.
(e) Cooperative models for planning and developing transitional
services. This priority supports projects designed to plan and develop
cooperative models for activities among State or local educational
agencies, developmental disabilities councils, and adult service
agencies, including vocational rehabilitation, mental health, mental
retardation, and public employment agencies, and private employers,
which will facilitate effective planning for services to meet the
employment needs of youth with disabilities as they leave school.
(f) Procedures for evaluation of secondary education, vocational
training, and placement services. This priority supports projects that
will develop appropriate procedures for evaluating secondary special
education, vocational training, placement, and other transitional
services that lead to employment for youth with disabilities.
(g) Program evaluation. This priority supports projects that will
evaluate the effectiveness of the program carried out under this part to
assist youth with disabilities in the transition from secondary school
to postsecondary environments such as competitive or supported
employment.
(h) Research projects in secondary education. This priority supports
research projects which focus on secondary level programs for youth with
disabilities. These projects will have as their major objective the
development and improvement of replicable programs and will focus on the
evaluation of the program or the components of the program, such as
curricula design, program organization, employer involvement, and
instructional methods.
(i) Drop out studies. This priority supports studies which provide
information on the numbers, age levels, types of disabilities and
reasons why some youth with disabilities remain to complete school
programs while others drop out of school.
(j) Curriculum development. This priority supports the development
of curriculum and instructional techniques in special education and
related services that will improve students with disabilities
acquisition of the skills necessary for transition to adult life and
services.
(k) Physical education and therapeutic recreation. This priority
supports specially designed or adapted physical educational and
therapeutic recreation programs to facilitate the full participation of
youth with disabilities in community programs.
(l) Assistive technology. This priority supports the development and
dissemination of exemplary programs and practices that meet the unique
needs of students who utilize assistive technology devices and services
as these students make the transition to postsecondary education,
vocational training, competitive employment (including supported
employment), and continuing education or adult services.
(Authority: 20 U.S.C. 1425)
(49 FR 28383, July 11, 1984, as amended at 52 FR 34369, Sept. 10,
1987; 56 FR 54698, 54699, Oct. 22, 1991)
34 CFR 326.31 How does the Secretary establish priorities?
For any fiscal year, the Secretary may select a priority or
combination of priorities from among those listed in 326.30 by
publishing a notice in the Federal Register.
(Authority: 20 U.S.C 1425)
34 CFR 326.32 What are the selection criteria for evaluating
applications for research and evaluation projects?
The Secretary uses the criteria in this section to evaluate
applications for research and evaluation projects, including projects
submitted under 326.30 (a), (c), (d), (f), (g), and (h). The maximum
score for all of the criteria is 100 points.
(a) Plan of operation. (10 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(b) Quality of key personnel. (10 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(c) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (5 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
(See 34 CFR 75.590, Evaluation by the grantee)
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are qualifiable.
(e) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) Importance. (10 points)
(1) The Secretary reviews each application for information
demonstrating that the proposed project addresses national concerns in
light of the purposes of this part.
(2) The Secretary looks for information that shows --
(i) The significance of the problem or issue to be addressed;
(ii) The importance of the proposed project in increasing the
understanding of the problem or issue;
(iii) The experiences of service providers related to the problem or
issue; and
(iv) Previous research findings related to the problem or issue.
(g) Impact. (10 points)
The Secretary reviews each application for information that shows the
probable impact of the proposed project in educating youth with
disabilities, including --
(1) The contribution that the project findings or products will make
to current knowledge or practice; and
(2) The extent to which findings and products will be disseminated
to, and used for the benefit of, appropriate target groups.
(h) Technical soundness. (40 points)
The Secretary reviews each application for information demonstrating
the technical soundness of the research or evaluation plan, including --
(1) The design (10 points);
(2) The proposed sample (10 points);
(3) Instrumentation (10 points); and
(4) Data analysis procedures (10 points).
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1425)
(49 FR 28383, July 11, 1984, as amended at 53 FR 49145, Dec. 6, 1988;
56 FR 54698, 54699, Oct. 22, 1991)
34 CFR 326.33 What are the selection criteria for evaluating
applications for model projects?
The Secretary uses the criteria in this section to evaluate
applications for model projects, including projects submitted under
326.30 (b) and (e). The maximum score for all of the criteria is 100
points.
(a) Plan of operation. (10 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(b) Quality of key personnel. (10 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(c) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (10 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
(See 34 CFR 75.590, Evaluation by the grantee)
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(e) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) Importance. (10 points)
The Secretary reviews each application for information that shows --
(1) The service delivery problem addressed by the proposed project is
of concern to others in the Nation, and;
(2) The importance of the project in solving the problem.
(g) Impact. (10 points)
The Secretary reviews each application for information that shows the
probable impact of the proposed model in educating youth with
disabilities, including --
(1) The contribution that the project findings or products will make
to current knowledge or practice; and
(2) The extent to which findings and products will be disseminated
to, and used for the benefit of, appropriate target groups.
(h) Innovativeness. (10 points)
(1) The Secretary reviews each application for information that shows
the innovativeness of the proposed project.
(2) The Secretary looks for information that shows a conceptual
framework that --
(i) Is founded on previous theory and research; and
(ii) Provides a basis for the unique strategies and approaches to be
incorporated into the model.
(i) Technical soundness. (25 points)
The Secretary reviews each application for information demonstrating
the technical soundness of the plan for the development, implementation,
and evaluation of the model with respect to such matters as --
(1) The population to be served;
(2) The model planning process;
(3) Recordkeeping systems;
(4) Coordination with other service providers;
(5) The identification and assessment of students;
(6) Interventions to be used, including proposed curricula;
(7) Individualized educational program planning; and
(8) Parent and family participation.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1425)
(49 FR 28383, July 11, 1984, as amended at 53 FR 49145, Dec. 6, 1988;
56 FR 54698, 54699, Oct. 22, 1991)
34 CFR 326.34 Are awards in this program geographically dispersed?
As much as feasible, the Secretary, in addition to using the criteria
in 326.32 and 326.33, geographically disperses awards throughout the
Nation in urban as well as rural areas.
(Authority: 20 U.S.C. 1425)
(52 FR 34369, Sept. 10, 1987)
326.35 -- 326.39 (Reserved)
34 CFR 326.34 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 326.40 What is the requirement for participation of students
with disabilities and their parents?
Each grantee shall provide for the direct participation of
handicapped students and the parents of students with disabilities in
the planning, development, and implementation of its project.
(Authority: 20 U.S.C. 1425(d))
(49 FR 28383, July 11, 1984, as amended at 56 FR 54698, 54699, Oct.
22, 1991)
34 CFR 326.41 What coordination requirements must a grantee meet?
A grantee that is not an educational agency shall coordinate with the
State educational agency of each affected State in the planning,
development, and implementation of any activities described in 326.30
(a) or (b).
(Authority: 20 U.S.C. 1425(c))
34 CFR 326.42 What other conditions must be met by grantees under this
program?
Grantees shall, if appropriate, prepare reports describing their
procedures, findings, and other relevant information in a form that will
maximize the dissemination and use of such procedures, findings, and
information. The Secretary shall require their delivery, as
appropriate, to the Regional and Federal Resource Centers, the
Clearinghouses, and the Technical Assistance to Parents Program (TAPP)
assisted under parts C and D of the Act, as well as the National
Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted,
and the Child and Adolescent Service Systems Program (CASSP) under the
National Institute of Mental Health, appropriate parent and professional
organizations, organizations representing individuals with disabilities,
and such other networks as the Secretary may determine to be
appropriate.
(Authority: 20 U.S.C. 1409(g))
(Approved by the Office of Management and Budget under control number
1820-0028)
(56 FR 54699, Oct. 22, 1991, as amended at 57 FR 14315, Apr. 17,
1992)
326.43 -- 326.49 (Reserved)
34 CFR 326.42 PART 327 -- SPECIAL STUDIES PROGRAM
34 CFR 326.42 Subpart A -- General
Sec.
327.1 What is the Special Studies Program?
327.2 Who is eligible to apply for an award under this program?
327.3 What regulations apply to this program?
327.4 What definitions apply to this program?
327.5 -- 327.9 (Reserved)
34 CFR 326.42 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
327.10 What kinds of priorities are authorized under this part?
327.11 -- 327.19 (Reserved)
34 CFR 326.42 Subpart C -- (Reserved)
34 CFR 326.42 Subpart D -- How Does the Secretary Make an Award?
327.30 How does the Secretary establish priorities for an award?
327.31 What are the selection criteria for evaluating applications
for awards?
327.32 -- 327.39 (Reserved)
34 CFR 326.42 Subpart E -- What Conditions Must Be Met by a Grantee?
327.40 What are the requirements for conducting projects?
327.41 What conditions must be met by a recipient of an award under
this program?
327.42 -- 327.49 (Reserved)
Authority: 20 U.S.C. 1418, unless otherwise noted.
Source: 50 FR 35484, Aug. 30, 1985, unless otherwise noted.
34 CFR 326.42 Subpart A -- General
34 CFR 327.1 What is the Special Studies Program?
The purpose of this program is to support the collection of data,
studies, investigations, and evaluations to assess the impact and
effectiveness of programs and projects assisted under the Individuals
with Disabilities Education Act, and related activities to provide the
Congress and others with this information.
(Authority: 20 U.S.C. 1418)
(50 FR 35484, Aug. 30, 1985, as amended at 56 FR 54699, Oct. 22,
1991)
34 CFR 327.2 Who is eligible to apply for an award under this program?
(a) The Secretary may make awards under this program to public or
private agencies, institutions, organizations, and other appropriate
parties for support of the kinds of projects described in 327.10(a),
(b), (d), (f), (h), and (i).
(b) In order to carry out the projects described in 327.10(c), the
Secretary may enter into cooperative agreements with --
(1) State educational agencies; and
(2) Other State agencies designated by the Governor in each State for
the purpose of administering an early intervention program under Part H
of the Education of the Handicapped Act.
(c) In order to carry out the projects described in 327.10(e), the
Secretary may make awards to State or local educational agencies,
institutions of higher education, public agencies, and private nonprofit
organizations and, when necessary because of the unique nature of the
study, private for-profit organizations.
(d) In order to carry out the projects in 327.10(g), the Secretary
may make awards to State or local educational agencies, institutions of
higher education, other public agencies, and private nonprofit
organizations.
(Authority: 20 U.S.C. 1418)
(50 FR 35484, Aug. 30, 1985, as amended at 53 FR 28351, July 27,
1988; 56 FR 54699, Oct. 22, 1991)
34 CFR 327.3 What regulations apply to this program?
The following regulations apply to grants and cooperative agreements
under this program:
(a) The regulations in this part 327.
(b) The Education Department General Administrative Regulations
(EDGAR) in title 34 of the Code of Federal Regulations in --
(1) Part 74 (Administration of Grants to Institutions of Higher
Education, Hospitals, and Nonprofit Organizations);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions that Apply to Department Regulations);
(4) Part 80 (Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments);
(5) Part 81 (General Education Provisions Act -- Enforcement);
(6) Part 82 (New Restrictions on Lobbying);
(7) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement)
and Governmentwide Requirements for Drug-Free Workplace (Grants)); and
(8) Part 86 (Drug-Free Schools and Campuses).
(Authority: 20 U.S.C. 1418)
(50 FR 35484, Aug. 30, 1985, as amended at 56 FR 54699, Oct. 22,
1991)
34 CFR 327.4 What definitions apply to this program?
Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
EDGAR
Fiscal year
Grant
Grantee
Local educational agency
Project
Secretary
State educational agency.
(Authority: 20 U.S.C. 1418)
(50 FR 35484, Aug. 30, 1985, as amended at 56 FR 54700, Oct. 22,
1991)
327.5 -- 327.9 (Reserved)
34 CFR 327.4 Subpart B -- What Kinds of Projects Does the Secretary Assist under This Program?
34 CFR 327.10 What kinds of priorities are authorized under this part?
Priorities authorized under this part include activities to:
(a) Collect data, and conduct studies, investigations, analyses, and
evaluations to assess progress in the implementation of the Act, the
impact of the Act, and the effectiveness of State and local efforts and
efforts by the Secretary of the Interior to provide free appropriate
public education to all children and youth with disabilities, and early
intervention services to infants and toddlers with disabilities.
(b) Obtain data, on at least an annual basis, about programs and
projects assisted under the Act and under other Federal laws relating to
the provision of services to infants, toddlers, children, and youth with
disabilities as required under section 618(b) of the Act.
(c) Assess the impact and effectiveness of programs, policies, and
procedures assisted under the Act, in accordance with sections 618(d)(1)
and (2) of the Act, through cooperative agreements with State agencies.
(d) Provide technical assistance to participating State agencies in
the implementation of the evaluation studies described under paragraph
(c) of this section.
(e)(1) Support studies, analyses, syntheses, and investigations for
improving program management, administration, delivery, and
effectiveness necessary to provide full educational opportunities and
early interventions for all children with disabilities from birth
through age 21. Such studies and investigations shall gather
information necessary for program and system improvements, including --
(i) Developing effective, appropriate criteria and procedures to
identify, evaluate, and serve infants, toddlers, children, and youth
with disabilities from minority backgrounds for purposes of program
eligibility, program planning, delivery of services, program placement,
and parental involvement;
(ii) Planning and developing effective early intervention services,
special education, and related services to meet the complex and changing
needs of infants, toddlers, children, and youth with disabilities;
(iii) Developing and implementing a comprehensive system of personnel
development needed to provide qualified personnel in sufficient number
to deliver special education, related services, and early intervention
services;
(iv) Developing the capacity to implement practices having the
potential to integrate children with disabilities to the maximum extent
appropriate, with children who are not disabled;
(v) Effectively allocating and using human and fiscal resources for
providing early intervention, special education, and related services;
(vi) Strengthening programs and services to improve the progress of
children and youth with disabilities while in special education, and to
effect a successful transition when such children and youth leave
special education;
(vii) Achieving interagency coordination to maximize resource
utilization and continuity in services provided to infants, toddlers,
children, and youth with disabilities;
(viii) Strengthening parent-school communication and coordination to
improve the effectiveness of planning and delivery on interventions and
instruction, thereby enhancing development and educational progress;
and
(ix) Identifying the environmental, organizational, resource, and
other conditions necessary for effective professional practice.
(2) The studies and investigations under paragraph (e)(1) of this
section may be conducted through surveys, interviews, case studies,
program implementation studies, secondary data analyses and synthesis,
and other appropriate methodologies.
(3) The studies and investigations under paragraph (e)(1) of this
section shall address the information needs of State and local
educational agencies for improving program management, administration,
delivery, and effectiveness.
(f)(1) Support special studies to assess progress in the
implementation of the Act, and assess the impact and effectiveness of
State and local efforts and efforts by the Secretary of the Interior to
provide free appropriate public education to children and youth with
disabilities, and early intervention services to infants and toddlers
with disabilities. Reports from these studies must include
recommendations for improving services to individuals.
(2) In selecting priorities for 1991 through 1994, the Secretary may
give first preference to --
(i) Completing a longitudinal study of a sample of students with
disabilities, examining --
(A) The full range of disabling conditions;
(B) The educational progress of students with disabilities while in
special education; and
(C) The occupational, educational, and independent living status of
students with disabilities after graduating from secondary school or
otherwise leaving special education;
(ii) Conducting a nationally representative study focusing on the
types, number, and intensity of related services provided to children
with disabilities by disability category;
(iii) Conducting a study that examines the degree of disparity among
States with regard to the placement in various educational settings of
children and youth with similar disabilities, especially those with
mental retardation, and, to the extent that such disparity exists, the
factors that lead these children and youth to be educated in
significantly different educational settings;
(iv) Conducting a study that examines the factors that have
contributed to the decline in the number of children classified as
mentally retarded since the implementation of the Act, and examines the
current disparity among States in the percentage of children so
classified;
(v) Conducting a study that examines the extent to which
out-of-community residential programs are used for children and youth
who are seriously emotionally disturbed, the factors that influence the
selection of such placements, the degree to which such individuals
transition back to education programs in their communities, and the
factors that facilitate or impede such transition; and
(vi) Conducting a study that examines the --
(A) Factors that influence the referral and placement decisions and
types of placements, by disability category and English language
proficiency, of minority children relative to other children;
(B) Extent to which these children are placed in regular education
environments;
(C) Extent to which the parents of these children are involved in
placement decisions and in the development and implementation of the
individualized education program and the results of such participation;
and
(D) Type of support provided to parents of these children that enable
these parents to understand and participate in the educational process.
(g)(1) Support activities that organize, synthesize, interpret, and
integrate information obtained under paragraphs (e) and (f) of this
section, with relevant knowledge obtained from other sources.
(2) These activities include the selection and design of content,
formats, and means for communicating such information effectively to
specific or general audiences, in order to promote the use of such
information in improving program administration and management, and
service delivery and effectiveness.
(h) Assist in the development of the annual report to the Congress
required under section 618(g) of the Act.
(i) Provide technical assistance to State agencies providing the data
described in section 618(b) (1) and (2) of the Act to achieve accurate
and comparable information.
(Authority: 20 U.S.C. 1418)
(56 FR 54700, Oct. 22, 1991)
327.11 -- 327.19 (Reserved)
34 CFR 327.10 Subpart C -- (Reserved)
34 CFR 327.10 Subpart D -- How Does the Secretary Make an Award?
34 CFR 327.30 How does the Secretary establish priorities for an award?
Section 618(e)(1) of the Individuals with Disabilities Education Act
requires that beginning in fiscal 1993 and every three years thereafter,
the Secretary submit to the appropriate committee of each House of the
Congress and publish in the Federal Register proposed priorities under
the special studies described in 327.10(f) for review and comment.
(Authority: 20 U.S.C. 1418)
(56 FR 54701, Oct. 22, 1991, as amended at 57 FR 28966, June 29,
1992)
Effective Date Note: At 57 FR 28966, June 29, 1992, 327.30 was
amended by removing '' 307.10(f)'' and adding, in its place, ''
327.10(f)'', effective either 45 days after publication in the Federal
Register or later if Congress takes certain adjournments.
34 CFR 327.31 What are the selection criteria for evaluating
applications for awards?
The Secretary uses the criteria in this section to evaluate
applications for awards. The maximum score for all of the criteria is
100 points.
(a) Plan of operation (10 points).
(1) The Secretary reviews each application to determine the quality
of the plan of operation for the project.
(2) The Secretary looks for --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities, and
(D) The elderly.
(b) Quality of key personnel. (10 points)
(1) The Secretary reviews each application to determine the
qualifications of the key personnel the applicant plans to use on the
project.
(2) The Secretary considers --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2)(i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, Such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities, and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other evidence that the applicant provides.
(c) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application to determine if the
project has an adequate budget and is cost effective.
(2) The Secretary considers the extent to which --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (5 points).
(1) The Secretary reviews each application to determine the quality
of the evaluation plan for the project.
Cross Reference: 34 CFR 75.590, Evaluation by the grantee.
(2) The Secretary considers the extent to which the methods of
evaluation are appropriate for the project and, to the extent possible,
are objective and produce data that are quantifiable.
(e) Adequacy of resources. (5 points).
(1) The Secretary reviews each application to determine if the
applicant plans to devote adequate resources to the project.
(2) The Secretary considers the extent to which --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) Importance. (10 points).
(1) The Secretary reviews each application to determine if the
proposed project addresses State and national concerns in light of the
purposes of this part.
(2) The Secretary considers --
(i) The significance of the issues to be addressed for both State and
national audiences;
(ii) The importance of the proposed project in determining the impact
and effectiveness of programs assisted under the Act;
(iii) The experiences of service providers related to the problem or
issue; and
(iv) Previous research and evaluation findings related to the issues.
(g) Usefulness. (10 points).
The Secretary reviews each application to determine the usefulness of
the proposed project findings in improving services to infants,
toddlers, children, and youth with disabilities including --
(1) The contribution that the project findings or products will make
to current knowledge or practice;
(2) The extent to which findings and reports will be useful in
improving services for infants, toddlers, children, and youth with
disabilities; and
(3) The extent to which findings and reports will be useful to both
State and national audiences in understanding the impact and
effectiveness of programs assisted under the Individuals with
Disabilities Education Act.
(h) Technical soundness. (40 points).
The Secretary reviews each application to determine the technical
soundness of the research or evaluation plan, including, where
appropriate --
(1) The design;
(2) The proposed sample;
(3) Instrumentation;
(4) Data analysis procedures; and
(5) Procedures for the development of the project report.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1418)
(50 FR 35484, Aug. 30, 1985, as amended at 53 FR 28351, July 27,
1988; 56 FR 54701, Oct. 22, 1991)
327.32 -- 327.39 (Reserved)
34 CFR 327.31 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 327.40 What are the requirements for conducting projects?
Each State educational agency or other State agency receiving an
award for a State Agency/Federal Evaluation Studies project under
327.10(c) shall --
(a) Contribute an amount not less than 40 percent of the total cost
of the study, which amount may be paid from a State's allocation of
funds for State administration of Part B of the Act; and
(b) Develop the study in consultation with the State advisory panel
established under the Act, local educational agencies and others
involved in, or concerned with, the education of children and youth with
disabilities and the provision of early intervention services to infants
and toddlers with disabilities.
(Authority: 20 U.S.C. 1418(c), (d)(2))
(50 FR 35484, Aug. 30, 1985, as amended at 53 FR 28351, July 27,
1988; 56 FR 54701, Oct. 22, 1991)
34 CFR 327.41 What conditions must be met by a recipient of an award
under this program?
Recipients of awards under 327.10(e) must prepare their procedures,
findings, and other relevant information in a form that will maximize
their dissemination and use, especially through dissemination networks
and mechanisms authorized by the Act, and in a form for inclusion in the
annual report to Congress under section 618(g) of the Act.
(Authority: 20 U.S.C. 1418(c))
(Approved by the Office of Management and Budget under control number
1820-0028)
(56 FR 54701, Oct. 22, 1991, as amended at 57 FR 14315, Apr. 17,
1992)
327.42 -- 327.49 (Reserved)
34 CFR 327.41 PART 328 -- PROGRAM FOR CHILDREN AND YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE
34 CFR 327.41 Subpart A -- General
Sec.
328.1 What is the Program for Children and Youth with Serious
Emotional Disturbance?
328.2 Who is eligible for an award?
328.3 What priorities may the Secretary fund under this program?
328.4 What priorities may the Secretary establish?
328.5 What regulations apply?
328.6 What definitions apply?
34 CFR 327.41 Subpart B -- (Reserved)
34 CFR 327.41 Subpart C -- How Does the Secretary Make an Award?
328.20 How does the Secretary evaluate an application?
328.21 What selection criteria does the Secretary use for
applications for research projects?
328.22 What selection criteria does the Secretary use for
applications for development or demonstration projects?
328.23 When does the Secretary propose new selection criteria?
34 CFR 327.41 Subpart D -- What Conditions Must Be Met After an Award?
328.30 What special conditions apply to projects assisted under this
program?
Authority: 20 U.S.C. 1426, unless otherwise noted.
Source: 56 FR 56457, Nov. 4, 1991, unless otherwise noted.
34 CFR 327.41 Subpart A -- General
34 CFR 328.1 What is the Program for Children and Youth With Serious
Emotional Disturbance?
Under this program, the Secretary may support --
(a) Projects, including research projects, for the purpose of
improving special education and related services to children and youth
with serious emotional disturbance; and
(b) Demonstration projects to provide services for children and youth
with serious emotional disturbance. Funds for projects under this
paragraph may also be used --
(1) To facilitate interagency and private sector resource pooling to
improve services for children and youth with serious emotional
disturbance; and
(2) To provide information and training for those involved with, or
who could be involved with, children and youth with serious emotional
disturbance.
(Authority: 20 U.S.C. 1426 (a), (b))
34 CFR 328.2 Who is eligible for an award?
(a) To carry out the purpose in 328.1(a), the Secretary may make
grants to, or enter into contracts or cooperative agreements with,
institutions of higher education, State and local educational agencies,
and other appropriate public and private nonprofit institutions or
agencies.
(b) Demonstration service projects. To carry out the purposes in
328.1(b), the Secretary may make grants to local educational agencies in
collaboration with mental health entities.
(Authority: 20 U.S.C. 1426 (a), (b))
34 CFR 328.3 What priorities may the Secretary fund under this program?
(a) Under 328.2(a), the Secretary may support projects that include,
but are not limited to --
(1) Studies regarding the present state of special education and
related services to children and youth with serious emotional
disturbance and their families, including information and data to enable
assessments of the status of those services over time;
(2) Developing methodologies and curricula designed to improve
special education and related services for these children and youth;
(3) Developing and demonstrating strategies and approaches to reduce
the use of out-of-community residential programs and to encourage the
increased use of school district-based programs, which may include day
treatment programs, after-school programs, and summer programs;
(4) Developing the knowledge, skills and strategies for effective
collaboration among special education, regular education, related
services, and other professionals and agencies; or
(5) Developing and demonstrating innovative approaches to assist and
to prevent children with emotional and behavioral problems from
developing serious emotional disturbances that require the provision of
special education and related services.
(b) Under 328.2(b), the Secretary may support demonstration projects
that include, but are not limited to --
(1) Increasing the availability, access, and quality of community
services for children and youth with serious emotional disturbance and
their families;
(2) Improving working relationships among education, school, and
community mental health and other relevant personnel, families of those
children and youth, and their advocates;
(3) Targeting resources to school settings, such as providing access
to school or community mental health professionals or both and other
community resources for students with serious emotional disturbance who
are in community school settings; and
(4) Taking into account the needs of minority children and youth in
all phases of project activity.
(Authority: 20 U.S.C. 1426 (a), (b))
34 CFR 328.4 What priorities may the Secretary establish?
(a) Each year the Secretary may select as a priority one or more of
the types of activities listed in 328.3.
(b) The Secretary announces these priorities in a notice published in
the Federal Register.
(c) In accordance with the Education Department General
Administrative Regulations (EDGAR) at 34 CFR 75.105, the Secretary may
also propose new priorities for assistance under this program through
publication of a notice in the Federal Register.
(Authority: 20 U.S.C. 1426(a), and 20 U.S.C. 3474)
34 CFR 328.5 What regulations apply?
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations
(EDGAR) in title 34 of the Code of Federal Regulations --
(1) Part 74 (Administration of Grants to Institutions of Higher
Education, Hospitals and Nonprofit Organizations);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions that Apply to Department Regulations);
(4) Part 79 (Intergovernmental Review of Department of Education
Programs and Activities);
(5) Part 80 (Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments);
(6) Part 81 (General Education Provisions Act -- Enforcement);
(7) Part 82 (New Restrictions on Lobbying);
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement)
and Governmentwide Requirements for Drug-Free Workplace (Grants)); and
(9) Part 86 (Drug-Free Schools and Campuses).
(b) The Federal Acquisition Regulation (FAR) in 48 CFR Chapter 1 and
the Education Department Acquisition Regulation (EDAR) in 48 CFR chapter
34.
(c) The regulations in this part 328.
(Authority: 20 U.S.C. 1426)
34 CFR 328.6 What definitions apply?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Application
EDGAR
Grant
Local educational agency (LEA)
Project
Public
Secretary
State
State educational agency (SEA)
(b) Other definitions. The following definitions also apply to this
part:
Act means the Individuals with Disabilities Education Act, as amended
(20 U.S.C. 1400-1485).
Free appropriate public education is defined in 34 CFR part 300.4.
(Authority: 20 U.S.C. 1426)
34 CFR 328.6 Subpart B -- (Reserved)
34 CFR 328.6 Subpart C -- How Does the Secretary Make an Award?
34 CFR 328.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 328.21, 328.22, and 328.23.
(b) The Secretary awards up to 100 points under these criteria.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(Authority: 20 U.S.C. 1426)
34 CFR 328.21 What selection criteria does the Secretary use for
applications for research projects?
The Secretary uses the following criteria to evaluate an application
for a research project:
(a) Plan of operation. (10 points)
(1) The Secretary reviews each application to determine the quality
of the plan of operation for the project.
(2) The Secretary looks for --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or disabling condition.
(3) The Secretary reviews each application to determine the quality
of the evaluation plans for the project, and considers the extent to
which the methods of evaluation are appropriate for the project and, to
the extent possible, are objective and produce data that are
quantifiable.
Cross Reference: 34 CFR 75.590, Evaluation by the grantee.
(b) Quality of key personnel. (10 points)
(1) The Secretary reviews each application to determine the
qualifications of the key personnel that the applicant plans to use on
the project.
(2) The Secretary considers --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
disabling condition.
(3) To determine personnel qualifications, the Secretary considers
experience and training in fields related to the objectives of the
project and other evidence that the applicant provides.
(c) Budget and cost effectiveness. (5 points)
(1) The Secretary reviews each application to determine if the
project has an adequate budget and is cost effective.
(2) The Secretary considers the extent to which --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Adequacy of resources. (5 points)
(1) The Secretary reviews each application to determine if the
applicant plans to devote adequate resources to the project.
(2) The Secretary considers the extent to which --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(e) Importance. (15 points) The Secretary reviews each application
to determine the importance of the project in lending to the
understanding of, remediation of, or compensation for, the problem or
issue that relates to the early intervention with or special education
of infants, toddlers, children, and youth with disabilities.
(f) Impact. (15 points) The Secretary reviews each application to
determine the probable impact of the proposed research products on
infants, toddlers, children, and youth with disabilities, or personnel
responsible for their education.
(g) Organizational capability. (5 points) The Secretary considers --
(1) The applicant's experience in special education; and
(2) The ability of the applicant to disseminate the findings of the
project to appropriate groups to ensure that the findings can be used
effectively.
(h) Technical soundness. (35 points) The Secretary reviews each
application to determine the technical soundness of the research or
evaluation plan, including --
(1) The design;
(2) The proposed sample;
(3) The instrumentation; and
(4) The data analysis procedures.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1426)
34 CFR 328.22 What selection criteria does the Secretary use for
applications for development or demonstration projects?
The Secretary uses the following criteria to evaluate an application
for a development or demonstration project:
(a) Plan of operation. (10 points)
(1) The Secretary reviews each application to determine the quality
of the plan of operation for the project.
(2) The Secretary looks for --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or disabling condition.
(b) Quality of key personnel. (10 points)
(1) The Secretary reviews each application to determine the
qualifications of the key personnel the applicant plans to use on the
project.
(2) The Secretary considers --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
disabling condition.
(3) To determine personnel qualifications, the Secretary considers
experience and training in fields related to the objectives of the
project and other evidence that the applicant provides.
(c) Budget and cost effectiveness. (5 points)
(1) The Secretary reviews each application to determine if the
project has an adequate budget and is cost effective.
(2) The Secretary considers the extent to which --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (10 points)
(1) The Secretary reviews each application to determine the quality
of the evaluation plan for the project.
Cross Reference: 34 CFR 75.590, Evaluation by the grantee.
(2) The Secretary considers the extent to which the methods of
evaluation are appropriate for the project and, to the extent possible,
are objective and produce data that are quantifiable.
(e) Adequacy of resources. (5 points)
(1) The Secretary reviews each application to determine if the
applicant plans to devote adequate resources to the project.
(2) The Secretary considers the extent to which --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) Importance. (10 points) The Secretary reviews each application
to determine --
(1) The extent to which the service delivery problem addressed by the
proposed project is of concern to others in the Nation; and
(2) The importance of the project in addressing the problem or issue.
(g) Innovativeness. (15 points)
(1) The Secretary reviews each application to determine the
innovativeness of the proposed project.
(2) The Secretary looks for a conceptual framework that --
(i) Is founded on previous theory and research; and
(ii) Provides a basis for the unique strategies and approaches to be
incorporated into the model.
(h) Organizational capability. (10 points) The Secretary considers
--
(1) The applicant's experience in special education or early
intervention services; and
(2) The applicant's ability to disseminate findings of the project to
appropriate groups to ensure that they can be used effectively.
(i) Technical soundness. (25 points) The Secretary reviews each
application to determine the technical soundness of the plan for the
development, implementation, and evaluation of the model with respect to
such matters as --
(1) The population to be served;
(2) The model planning process;
(3) Recordkeeping systems;
(4) Coordination with other service providers;
(5) The identification and assessment of students;
(6) Interventions to be used, including proposed curricula;
(7) Individualized educational program planning; and
(8) Parent and family participation.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1426)
34 CFR 328.23 When does the Secretary propose new selection criteria?
(a) The Secretary may propose new selection criteria for applications
for projects when the applications cannot be appropriately evaluated
using the selection criteria in either 328.21 or 328.22.
(b) The Secretary announces the new selection criteria in a notice
published in the Federal Register.
(Authority: 20 U.S.C. 1426)
34 CFR 328.23 Subpart D -- What Conditions Must be Met After an Award?
34 CFR 328.30 What special conditions apply to projects assisted under
this program?
(a) Each project assisted under this program must --
(1) Apply existing research outcomes from multi-disciplinary fields;
and
(2) In complying with 34 CFR 75.590 (Evaluation by the grantee), use
a grant evaluation plan that is outcome-oriented and that focuses on the
benefits to individual children and youth.
(b) A grantee, if appropriate, must prepare reports describing
procedures, findings, and other relevant information in a form that will
maximize the dissemination and use of these procedures, findings, and
information.
(c) The Secretary requires delivery of those reports, as appropriate,
to --
(1) The regional and Federal Resource Centers, the Clearinghouses,
and the Technical Assistance to Parents Programs (TAPP) assisted under
parts C and D of the Act;
(2) The National Diffusion Network;
(3) The ERIC Clearinghouse on the Handicapped and Gifted;
(4) The Child and Adolescent Service Systems Program (CASSP) under
the National Institute of Mental Health;
(5) Appropriate parent and professional organizations;
(6) Organizations representing individuals with disabilities; and
(7) Such other networks as the Secretary may determine to be
appropriate.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1426(c))
34 CFR 328.30 PART 330 -- CAPTIONED FILMS INCLUDING VIDEOS LOAN SERVICE PROGRAM FOR DEAF AND HARD OF HEARING INDIVIDUALS
34 CFR 328.30 Subpart A -- General
Sec.
330.1 Captioned Films Including Videos Loan Service Program.
330.2 Who is eligible to apply under the Captioned Films Including
Videos Loan Service Program?
330.3 (Reserved)
330.4 What definitions apply to the captioned films loan service for
the deaf program?
34 CFR 328.30 Subparts B -- D (Reserved)
34 CFR 328.30 Subpart E -- What Conditions Must Be Met by a Borrower?
330.50 What are the limitations on use of the loan service?
Authority: 20 U.S.C. 1451, 1452, unless otherwise noted.
Source: 45 FR 52130, Aug. 5, 1980. Redesignated at 45 FR 77368,
Nov. 21, 1980, unless otherwise noted.
34 CFR 328.30 Subpart A -- General
34 CFR 330.1 Captioned Films Including Videos Loan Service Program.
The Captioned Films Including Videos Loan Service Program promotes
the general welfare for deaf and hard of hearing individuals by --
(a) Bringing to deaf and hard of hearing individuals understanding
and appreciation of those films that play an important part in the
general and cultural advancement of hearing individuals;
(b) Providing enriched educational and cultural experiences through
which deaf and hard of hearing individuals can be brought into better
touch with the realities of their environment;
(c) Providing a wholesome and rewarding experience that deaf and hard
of hearing individuals may share together; and
(d) Addressing the problems of illiteracy among deaf and hard of
hearing individuals.
(Authority: 20 U.S.C. 1451, 1452)
(56 FR 54701, Oct. 22, 1991)
34 CFR 330.2 Who is eligible to apply under the Captioned Films
Including Videos Loan Service Program?
The following are eligible to apply to borrow captioned films and
videos:
(a) Deaf and hard of hearing individuals.
(b) Parents of deaf and hard of hearing individuals.
(c) Other individuals directly involved in activities promoting the
advancement of deaf and hard of hearing individuals in the United
States.
(Authority: 20 U.S.C. 1452(a))
(56 FR 54701, Oct. 22, 1991)
330.3 (Reserved)
34 CFR 330.4 What definitions apply to the captioned films loan service
for the deaf program?
(a) (Reserved)
(b) The following definitions apply to terms used in this part:
Act means Individuals With Disabilities Education Act.
Borrower means a user of loan service media.
Deaf person means a person whose hearing is so severely impaired as
not to be correctable to a functional level for the ordinary activities
of living.
Educational media means those media used for educational purposes.
Films means motion pictures and other materials similar in display
and function, such as video tapes and video discs.
Media means films, filmstrips, photographs and slides,
transparencies, television, audio and video tapes, audio and video
discs, and similar materials. Printed materials may also be included if
in combination with one or more of the preceding.
Nonprofit purposes means that the exhibition of media may not result
in monetary gain or other tangible economic benefit to the borrower.
Theatrical films means films produced for showing in a commercial
setting as entertainment and not those primarily developed for use in a
formal program of instruction.
(Authority: 20 U.S.C. 1451, 1452)
(45 FR 52130, Aug. 5, 1980. Redesignated at 45 FR 77368, Nov. 21,
1980, and amended at 53 FR 41085, Oct. 19, 1988; 56 FR 54701, Oct. 22,
1991)
34 CFR 330.4 Subparts B -- D (Reserved)
34 CFR 330.4 Subpart E -- What Conditions Must Be Met by a Borrower?
34 CFR 330.50 What are the limitations on use of the loan service?
(a) A borrower shall use the captioned films for nonprofit purposes
only. Moreover, the sum of any fees collected by the borrower for use
of the films may not exceed the reasonable expense incurred by the
borrower in showing the films to eligible viewers.
(b) In accordance with agreements with producers and distributors, a
borrower shall show theatrical films to deaf and hard of hearing
individuals only. However, this does not exclude the attendance of
teachers of deaf and hard of hearing individuals, interpreters, parents,
and occasional guests as long as the audience is composed predominantly
of deaf and hard of hearing individuals.
(Authority: 20 U.S.C. 1452(a), (b)(1))
(45 FR 52130, Aug. 5, 1980. Redesignated at 45 FR 77368, Nov. 21,
1980, and amended at 53 FR 41085, Oct. 19, 1988; 56 FR 54701, Oct. 22,
1991)
34 CFR 330.50 PART 331 -- EDUCATIONAL MEDIA AND DESCRIPTIVE VIDEOS LOAN SERVICE PROGRAM FOR INDIVIDUALS WITH DISABILITIES
34 CFR 330.50 Subpart A -- General
Sec.
331.1 Educational Media and Descriptive Videos Loan Service Program.
331.2 Who is eligible to apply under the Educational Media and
Descriptive Videos Loan Service Program?
331.3 (Reserved)
331.4 What definitions apply to the Educational Media and Descriptive
Videos Loan Service Program?
34 CFR 330.50 Subparts B -- D (Reserved)
34 CFR 330.50 Subpart E -- What Conditions Must Be Met by a Borrower?
331.50 What are the limitations on the use of the loan service?
Authority: 20 U.S.C. 1452, unless otherwise noted.
Source: 45 FR 52131, Aug. 5, 1980, unless otherwise noted.
Redesignated at 45 FR 77368, Nov. 21, 1980.
34 CFR 330.50 Subpart A -- General
34 CFR 331.1 Educational Media and Descriptive Videos Loan Service
Program.
The Educational Media and Descriptive Video Loan Service Program --
(a) Makes educational media and descriptive videos available in the
United States for nonprofit purposes to individuals with disabilities,
parents of individuals with disabilities, and other individuals directly
involved in activities for the advancement of individuals with
disabilities; and utilizes educational media to help eliminate
illiteracy among individuals with disabilities; and
(b) Promotes the general welfare of visually impaired individuals by
--
(1) Bringing to these individuals an understanding and appreciation
of textbooks, films, television programs, video material, and other
educational publications and materials that play such an important part
in the general and cultural advancement of visually unimpaired
individuals; and
(2) Ensuring access to television programming and other video
materials.
(Authority: 20 U.S.C. 1452(a))
(56 FR 54702, Oct. 22, 1991)
34 CFR 331.2 Who is eligible to apply under the Educational Media and
Descriptive Videos Loan Service Program?
The following are eligible to apply to borrow educational media and
descriptive videos:
(a) Individuals with disabilities.
(b) Parents of individuals with disabilities.
(c) Other persons directly involved in activities for the advancement
of individuals with disabilities in the United States.
(Authority: 20 U.S.C. 1452(a))
(56 FR 54702, Oct. 22, 1991)
331.3 (Reserved)
34 CFR 331.4 What definitions apply to the Educational Media and
Descriptive Videos Loan Service Program?
(a) (Reserved)
(b) The following definitions apply to the terms used in this part:
Act means Individuals with Disabilities Education Act.
Borrower means a user of loan service media.
Educational media means those media used for educational purposes.
Films means motion pictures and other materials similar in display
and function, such as video tapes and video discs.
Media means films, filmstrips, photographs and slides,
transparencies, television, audio and video tapes, audio and video
discs, and similar materials. Printed materials may also be included if
in combination with one or more of the preceding.
Nonprofit purposes means that the exhibition of media may not result
in monetary gain or other tangible economic benefit to the borrower.
(Authority: 20 U.S.C. 1451, 1452)
(54 FR 52131, Aug. 5, 1980. Redesignated at 45 FR 77368, Nov. 21,
1980, and amended at 53 FR 41085, Oct. 19, 1988; 56 FR 54702, Oct. 22,
1991)
34 CFR 331.4 Subparts B -- D (Reserved)
34 CFR 331.4 Subpart E -- What Conditions Must Be Met by a Borrower?
34 CFR 331.50 What are the limitations on the use of the loan service?
A borrower shall use the educational media for nonprofit purposes
only. Moreover, the sum of any fees collected by the borrower for the
use of the educational media may not exceed the reasonable expenses
incurred by the borrower in exhibiting the media to eligible parties.
(Authority: 20 U.S.C. 1452(a))
(53 FR 41085, Oct. 19, 1988)
34 CFR 331.50 PART 332 -- EDUCATIONAL MEDIA RESEARCH, PRODUCTION, DISTRIBUTION, AND TRAINING
34 CFR 331.50 Subpart A -- General
Sec.
332.1 Educational Media Research, Production, Distribution, and
Training Program.
332.2 Who is eligible to apply under the educational media research,
production, distribution, and training program?
332.3 What regulations apply to this program?
332.4 What definitions apply to the educational media research,
production, distribution, and training program?
34 CFR 331.50 Subpart B -- What Kinds of Projects Does the Department
of Education Assist Under This Program?
332.10 Projects funded under the educational media research,
production, distribution, and training program.
34 CFR 331.50 Subpart C -- (Reserved)
34 CFR 331.50 Subpart D -- How Are Grants Made?
332.30 How does the Secretary establish priorities annually?
332.31 How does the Secretary evaluate an application?
332.32 What selection criteria does the Secretary use?
34 CFR 331.50 Subpart E -- What Conditions Must Be Met by a Grantee?
332.40 Final products.
332.41 What other conditions must be met by grantees under this
program?
Authority: 20 U.S.C. 1451-1452, unless otherwise noted.
Source: 45 FR 52132, Aug. 5, 1980, unless otherwise noted.
Redesignated at 45 FR 77368, Nov. 21, 1980.
34 CFR 331.50 Subpart A -- General
34 CFR 332.1 Educational Media Research, Production, Distribution, and
Training Program.
The purposes of this program are to promote:
(a) The general welfare of deaf and hard of hearing individuals by --
(1) Bringing to such individuals understanding and appreciation of
those films and television programs that play such an important part in
the general and cultural advancement of hearing individuals;
(2) Providing through these films and television programs enriched
educational and cultural experiences through which deaf and hard of
hearing individuals can be brought into better touch with the realities
of their environment;
(3) Providing a wholesome and rewarding experience that deaf and hard
of hearing individuals may share together; and
(b) The educational advancement of individuals with disabilities by
--
(1) Carrying on research in the use of educational media for
individuals with disabilities;
(2) Producing and distributing educational media for the use of
individuals with disabilities, their parents, their actual or potential
employers, and other individuals directly involved in work for the
advancement of individuals with disabilities;
(3) Training individuals in the use of educational media for the
instruction of individuals with disabilities; and
(4) Utilizing educational media to help eliminate illiteracy among
individuals with disabilities; and
(c) The general welfare of visually impaired individuals by --
(1) Bringing to such individuals an understanding and appreciation of
textbooks, films, television programs, video material, and other
educational publications and materials that play such an important part
in the general and cultural advancement of visually unimpaired
individuals; and
(2) Ensuring access to television programming and other video
materials.
(Authority: 20 U.S.C. 1451)
(56 FR 54702, Oct. 22, 1991)
34 CFR 332.2 Who is eligible to apply under the educational media
research, production, distribution, and training program?
Parties eligible for grants under this subpart are profit and
nonprofit public and private agencies, organizations, and institutions
except only the National Theatre of the Deaf, Inc. and other
appropriate non-profit organizations are eligible for a grant, contract,
or cooperative agreement under 332.10(f).
(Authority: 20 U.S.C. 1451, 1452)
(45 FR 52132, Aug. 5, 1980. Redesignated at 45 FR 77368, Nov. 21,
1980, and amended at 56 FR 54702, Oct. 22, 1991)
34 CFR 332.3 What regulations apply to this program?
(a) The Education Department General Administrative Regulations
(EDGAR) in the following parts of title 34 of the Code of Federal
Regulations --
(1) Part 74 (Administration of Grants to Institutions of Higher
Education, Hospitals, and Nonprofit Organizations);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions That Apply to Department Regulations);
(4) Part 79 (Intergovernmental Review of Department of Education
Programs and Activities);
(5) Part 80 (Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments);
(6) Part 81 (General Education Provisions Act -- Enforcement);
(7) Part 82 (New Restrictions on Lobbying);
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement)
and Governmentwide Requirements for a Drug-Free Workplace (Grants));
and
(9) Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 332.
(Authority: 20 U.S.C. 1221e-3(a)(1))
(56 FR 54702, Oct. 22, 1991)
34 CFR 332.4 What definitions apply to the educational media research,
production, distribution, and training program?
(a) Definitions in EDGAR. The following terms used in these
regulations are defined in 34 CFR part 77:
Applicant
Application
Award
Secretary
Nonprofit
Public
(b) Specific program definitions:
Act means the Individuals with Disabilities Education Act (title VI
of Pub. L. 91-230 as amended).
Distribution means giving physical access to media and related
materials and attendant equipment.
Educational media means those media used for educational purposes.
Films means motion pictures and other materials similar in display
and function, such as video tapes and video discs.
Media means films, filmstrips, photographs and slides,
transparencies, television, audio and video tapes, audio and video
discs, and similar materials. Printed materials may also be included if
in combination with one or more of the preceding.
Media technology means the methods and processes through which media
are provided and encompasses demonstration of the use of modern
communication technology in improving the general welfare of handicapped
persons.
Nonprofit purposes means that the exhibition of media may not result
in monetary gain or other tangible economic benefit to the borrower.
Production means creating or changing media materials.
Training means activities designed to develop facility in the use of
media materials and technology and in dissemination and marketing
practices.
(Authority: 20 U.S.C. 1451, 1452)
(45 FR 52132, Aug. 5, 1980. Redesignated at 45 FR 77368, Nov. 21,
1980, and amended at 56 FR 54702, Oct. 22, 1991)
34 CFR 332.4 Subpart B -- What Kinds of Projects Does the Department of Education Assist Under This Program?
34 CFR 332.10 Projects funded under the educational media research,
production, distribution, and training program.
Projects that may be supported include, but are not limited to the
following:
(a) Research in the use of educational and training films and other
educational media for individuals with disabilities. This may include
research to --
(1) Identify the full range of special needs of individuals with
disabilities related to educational media and media technology;
(2) Determine the need for --
(i) Educational media training;
(ii) Media information systems; and
(iii) Media delivery systems;
(3) Determine the extent to which the needs listed in paragraph
(a)(2) of this section are being met; and
(4) Develop or demonstrate new or improved techniques that would
contribute to the advancement and education of individuals with
disabilities through the use of educational media or technology or both.
(b) Creation or adaptation of educational media for use by
individuals with disabilities, their parents, their actual or potential
employers, and other persons directly involved in activities for the
advancement of individuals with disabilities.
(c) Distribution of educational media. This may include the
development of delivery systems.
(d) Dissemination of information about practices found effective in
regard to the effective use of educational media and technology.
(e) Training of persons in the use and dissemination of educational
media for the advancement of individuals with disabilities.
(f) Provision of cultural experiences to enrich the lives of deaf and
hard of hearing children and adults, increase public awareness and
understanding of deafness and of the artistic and intellectual
achievements of deaf and hard of hearing individuals, and promote the
integration of hearing and deaf and hard of hearing individuals through
shared cultural, educational, and social experiences.
(g) Captioning for deaf and hard of hearing individuals and video
describing for the visually impaired of films, television programs, and
video materials.
(h) Provision of current, free textbooks and other educational
publications and materials to blind and other print-handicapped students
in elementary, secondary, postsecondary, and graduate schools and other
institutions of higher education through the medium of transcribed tapes
and cassettes. The term ''print-handicapped'' refers to any individual
who is blind as severely visually impaired, or who, by reason of a
physical or perceptual disability, is unable to read printed material
unassisted.
(i) Distribution of captioned and video-described films, video
materials, and other educational media and equipment through State
schools for individuals with disabilities, public libraries, and such
other agencies or entities as the Secretary deems appropriate to serve
as local or regional centers for such distribution.
(Authority: 20 U.S.C. 1452)
(45 FR 52132, Aug. 5, 1980. Redesignated at 45 FR 77368, Nov. 21,
1980, and amended at 56 FR 54702, Oct. 22, 1991)
34 CFR 332.10 Subpart C -- (Reserved)
34 CFR 332.10 Subpart D -- How Are Grants Made?
34 CFR 332.30 How does the Secretary establish priorities annually?
(a) The Secretary may select a priority for funding from among those
activities listed in 332.10 by publishing a notice in the Federal
Register.
(b) The Secretary may identify a particular disability or
disabilities as a priority for assistance under this program through
publication of a notice in the Federal Register.
(Authority: 20 U.S.C. 1451, 1452)
(45 FR 52132, Aug. 5, 1980. Redesignated at 45 FR 77368, Nov. 21,
1980, and amended at 56 FR 54703, Oct. 22, 1991)
34 CFR 332.31 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 332.32. The extent to which an applicant addresses a
priority is considered under the need criterion of 332.32(f).
(b) The Secretary awards up to 100 possible points for these
criteria.
(c) The maximum possible score for each complete criterion is
indicated in parentheses.
(Authority: 20 U.S.C. 1451)
34 CFR 332.32 What selection criteria does the Secretary use?
(a) Plan of operation. (25 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective;
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally under represented, such as --
(A) Individuals with disabilities;
(B) Members of racial or ethnic minority groups;
(C) Women; and
(D) The elderly.
(b) Quality of key personnel. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the key personnel the applicant plans to use on the
project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i)
and (ii) of this section plans to commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally under represented, such as --
(A) Individuals with disabilities;
(B) Members of racial or ethnic minority groups;
(C) Women; and
(D) The elderly.
(3) To determine the qualifications of a person, the Secretary
considers evidence of past experience and training, in fields related to
the objectives of the project, as well as other information that the
applicant provides.
(c) Budget and cost effectiveness. (15 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (5 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project. (See 34 CFR 75.590
-- Evaluation by the grantee.)
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(e) Adequacy of resources. (10 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources for the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) Need. (20 points)
(1) The Secretary reviews each application for information that shows
the need for the project.
(2) The Secretary looks for information that shows --
(i) The need for the proposed activity with respect to the disability
served or to be served by the applicant;
(ii) The potential for using the results in other projects or
programs.
(g) Marketing and dissemination. (5 points)
(1) The Secretary reviews each application for information that shows
adequate provisions for marketing or disseminating results.
(2) The Secretary looks for information that shows --
(i) The provisions for marketing or otherwise disseminating the
results of the project; and
(ii) Provisions for making materials and techniques available to the
populations for whom the project would be useful.
(Authority: 20 U.S.C. 1451, 1452)
(Approved by the Office of Management and Budget under control number
1820-0028)
(46 FR 3206, Jan. 14, 1981, as amended at 56 FR 54703, Oct. 22, 1991;
57 FR 14315, Apr. 17, 1992)
34 CFR 332.32 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 332.40 Final products.
The Secretary may require any grantee engaged in the actual
development of materials to submit up to one original and two copies of
those materials.
34 CFR 332.41 What other conditions must be met by grantees under this
program?
Grantees shall, if appropriate, prepare reports describing their
procedures, findings, and other relevant information in a form that will
maximize the dissemination and use of such procedures, findings, and
information. The Secretary shall require their delivery, as
appropriate, to the Regional and Federal Resource Centers, the
Clearinghouses, and the Technical Assistance to Parents Program (TAPP)
assisted under parts C and D of the Act, as well as the National
Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted,
and the Child and Adolescent Service Systems Program (CASSP) under the
National Institute of Mental Health, appropriate parent and professional
organizations, organizations representing individuals with disabilities,
and such other networks as the Secretary may determine to be
appropriate.
(Authority: 20 U.S.C. 1409(g))
(Approved by the Office of Management and Budget under control number
1820-0028)
(56 FR 54703, Oct. 22, 1991, as amended at 57 FR 14315, Apr. 17,
1992)
34 CFR 332.41 PART 333 -- TECHNOLOGY, EDUCATIONAL MEDIA, AND MATERIALS FOR INDIVIDUALS WITH DISABILITIES PROGRAM
34 CFR 332.41 Subpart A -- General
Sec.
333.1 What is the Technology, Educational Media, and Materials for
individuals with Disabilities Program?
333.2 Who is eligible for an award?
333.3 What priorities does the Secretary consider for support under
this part?
333.4 How does the Secretary select and announce funding priorities
under this program?
333.5 What regulations apply to this program?
333.6 What definitions apply to this program?
333.7 -- 333.9 (Reserved)
34 CFR 332.41 Subpart B -- (Reserved)
34 CFR 332.41 Subpart C -- How Does the Secretary Make an Award?
333.20 How does the Secretary evaluate an application?
333.21 What selection criteria does the Secretary use to evaluate
applications for research or evaluation activities?
333.22 What selection criteria does the Secretary use to evaluate
applications for development or demonstration activities?
333.23 -- 333.29 (Reserved)
34 CFR 332.41 Subpart D -- What Conditions Must be Met After an Award?
333.30 What materials must be submitted by the grantee?
333.31 What other conditions must be met by grantees under this
program?
333.32 -- 333.39 (Reserved)
Authority: 20 U.S.C. 1461-1462, unless otherwise noted.
Source: 53 FR 6952, Mar. 3, 1988, unless otherwise noted.
34 CFR 332.41 Subpart A -- General
34 CFR 333.1 What is the Technology, Educational Media, and Materials
for Individuals with Disabilities Program?
The purpose of this program is to support projects and centers for
advancing the availability, quality, use, and effectiveness of
technology, and educational media and materials in the education of
children and youth with disabilities, and the provision of related
services and early intervention services to infants and toddlers with
disabilities.
(Authority: 20 U.S.C. 1461)
(56 FR 54703, Oct. 22, 1991)
34 CFR 333.2 Who is eligible for an award?
(a) The Secretary may award grants or contracts, or enter into
cooperative agreements with, institutions of higher education, State and
local educational agencies, public agencies, and private nonprofit or
for-profit organizations.
(b) The Secretary does not award a grant, contract, or cooperative
agreement for the activities described in 333.3 (a) through (f) unless
the applicant for such assistance agrees that activities carried out
with the assistance will be coordinated, as appropriate, with the State
entity receiving funds under the Technology-Related Assistance for
Individuals with Disabilities Act of 1988 (title 1 of Public Law
100-407).
(Authority: 20 U.S.C. 1461)
(53 FR 6952, Mar. 3, 1988, as amended at 56 FR 54703, Oct. 22, 1991)
34 CFR 333.3 What priorities does the Secretary consider for support
under this part?
The Secretary may fund activities that carry out the purpose of the
program. These activities may include, but are not limited to, the
following:
(a) Conducting research or evaluation on the need, use, design
features, implementation, and effectiveness of technology, assistive
technology, educational media, and materials.
(b) Demonstrating the effectiveness and the efficient implementation
and use of technology, assistive technology, educational media, and
materials.
(c) Designing and developing new technology, assistive technology,
educational media, and materials.
(d) Adapting, modifying, and evaluating existing technology,
assistive technology, educational media, and materials.
(e) Assisting the public and private sectors by providing advice and
information to promote the development, use, distribution, and marketing
of technology, assistive technology, educational media, and materials.
(f) Disseminating information through such means as publications,
telecommunications, conferences, or presentations on the availability,
quality, use, and effectiveness of technology, assistive technology,
educational media, and materials.
(g) Increasing access to and use of assistive technology devices and
assistive technology services in the education of infants, toddlers,
children, and youth with disabilities, and other activities authorized
under the Technology-Related Assistance for Individuals with
Disabilities Act of 1988 as such Act relates to the education of
students with disabilities.
(h) Examining how these purposes can address the problem of
illiteracy among individuals with disabilities.
(Authority: 20 U.S.C. 1461)
(53 FR 6952, Mar. 3, 1988, as amended at 56 FR 54703, Oct. 22, 1991)
34 CFR 333.4 How does the Secretary select and announce funding
priorities under this program?
(a) Each year the Secretary may select as a priority one or more of
the types of activities listed in 333.3.
(b) The Secretary announces these priorities in a notice published in
the Federal Register.
(Authority: 20 U.S.C. 1461)
(53 FR 6952, Mar. 3, 1988, as amended at 56 FR 54703, Oct. 22, 1991)
34 CFR 333.5 What regulations apply to this program?
(a) The following regulations apply to grants and cooperative
agreements under this program:
(1) The Education Department General Administrative Regulations
(EDGAR) in the following parts of title 34 of the Code of Federal
Regulations --
(i) Part 74 (Administration of Grants to Institutions of Higher
Education, Hospitals, and Nonprofit Organizations);
(ii) Part 75 (Direct Grant Programs);
(iii) Part 77 (Definitions that Apply to Department Regulations);
(iv) Part 79 (Intergovernmental Review of Department of Education
Programs and Activities);
(v) Part 80 (Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments);
(vi) Part 81 (General Education Provisions Act -- Enforcement);
(vii) Part 82 (New Restrictions on Lobbying);
(viii) Part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)); and
(ix) Part 86 (Drug-Free Schools and Campuses)
(2) The regulations in this part 333.
(b) Any contracts awarded under this program are subject to the
Federal Acquisition Regulation (FAR) in 48 CFR chapter 1 and the
Department of Education Acquisition Regulation (EDAR) in 48 CFR chapter
34.
(Authority: 20 U.S.C. 1461)
(53 FR 6952, Mar. 3, 1988, as amended at 56 FR 54703, Oct. 22, 1991)
34 CFR 333.6 What definitions apply to this program?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
EDGAR
Fiscal year
Grant
Grantee
Local educational agency
Nonprofit
Private
Project
Project period
Public
Secretary
State educational agency
(Authority: 20 U.S.C. 1461)
(b) Definitions in 34 CFR part 300. The following terms used in this
part are defined in 34 CFR 300.5, 300.13, and 300.14:
Children with disabilities
Related services
Special education
(Authority: 20 U.S.C. 1401(a)(1), (16), (17), 1461)
(c) Definitions in 34 CFR part 303. The following terms used in this
part are defined in 34 CFR 303.10 and 303.13:
Early intervention services
Infants and toddlers with disabilities
(Authority: 20 U.S.C. 1472(1))
(53 FR 6952, Mar. 3, 1988, as amended at 56 FR 54703, Oct. 22, 1991)
333.7 -- 333.9 (Reserved)
34 CFR 333.6 Subpart B -- (Reserved)
34 CFR 333.6 Subpart C -- How Does the Secretary Make an Award?
34 CFR 333.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 333.21 or 333.22, as applicable.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(Authority: 20 U.S.C. 1461)
34 CFR 333.21 What selection criteria does the Secretary use to
evaluate applications for research or evaluation activities?
The Secretary uses the following criteria to evaluate applications
for research and evaluation projects:
(a) Importance. (15 points) The Secretary reviews each application
to determine the extent to which the proposed project addresses national
concerns in light of the purposes of this part, and considers the
significance of the problem or issue to be addressed.
(b) Technical soundness. (30 points)
(1) The Secretary reviews each application to determine if the
approach is technically and programmatically sound.
(2) The Secretary looks for --
(i) High quality in the design of the project;
(ii) Technical soundness of the research or evaluation plan,
including if appropriate --
(A) The design;
(B) The proposed sample;
(C) The instrumentation; and
(D) The data analysis.
(c) Plan of operation. (15 points)
(1) The Secretary reviews each application to determine the quality
of the plan of operation for the project.
(2) The Secretary looks for --
(i) An effective plan of management that ensures proper and efficient
administration of the project;
(ii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iii) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(iv) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, or gender.
(d) Quality of key personnel. (15 points)
(1) The Secretary reviews each application to determine the
qualifications of the key personnel the applicant plans to use on the
project.
(2) The Secretary considers --
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (d)(2) (i)
and (ii) of this section plans to commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
disabling condition.
(3) To determine personnel qualifications, the Secretary considers
experience and training in fields related to the objectives of the
project, and any other qualifications that pertain to the quality of the
project.
(e) Adequacy of resources. (5 points)
(1) The Secretary reviews each application to determine that the
applicant plans to devote adequate resources for the project.
(2) The Secretary considers the extent to which --
(i) The facilities that the applicant plans to use are adequate;
(ii) The equipment and supplies that the applicant plans to use are
adequate; and
(iii) The applicant demonstrates necessary access to target
population necessary to conduct the research or evaluation.
(f) Impact. (5 points) The Secretary reviews each application to
determine --
(1) The probable impact of the proposed project in educating or
providing early intervention services to infants, toddlers, children,
and youth with disabilities; and
(2) The contribution that the project findings or products will make
to current knowledge or practice.
(g) Dissemination. (5 points) The Secretary reviews each application
to determine the extent to which the findings and products will be
disseminated to, and used for the benefit of appropriate target groups.
(h) Budget and cost-effectiveness. (10 points)
(1) The Secretary reviews each application to determine if the
project has an adequate budget and is cost effective.
(2) The Secretary considers the extent to which --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1461)
(53 FR 6952, Mar. 3, 1988, as amended at 55 FR 24892, June 19, 1990;
56 FR 54704, Oct. 22, 1991)
34 CFR 333.22 What selection criteria does the Secretary use to
evaluate applications for development or demonstration activities?
The Secretary uses the following criteria to evaluate applications
for development and demonstration projects:
(a) Importance. (20 points)
(1) The Secretary reviews each application to determine the extent to
which the proposed project addresses national concerns in light of the
purposes of this part.
(2) The Secretary considers --
(i) The significance of the problem or issue to be addressed;
(ii) The potential impact of the proposed project for providing
innovative advancements to the problem or issues; and
(iii) Previous research findings related to the problem or issue.
(b) Technical soundness. (30 points)
(1) The Secretary reviews each application to determine the quality
and technical soundness of the plan of operation for the project.
(2) The Secretary looks for --
(i) High quality in the conceptual design of the project;
(ii) A clear specification of the procedures to be followed in
carrying out the project; and
(iii) The extent to which the methods of evaluation are appropriate
for the project and, to the extent possible, are objective and produce
data that can be quantified.
(c) Plan of operation. (15 points)
(1) The Secretary reviews each application to determine the quality
of the plan of operation for the project.
(2) The Secretary looks for --
(i) An effective plan of management that insures proper and efficient
administration of the project;
(ii) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(iii) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or disabling condition.
(d) Evaluation plan. (5 points) The Secretary reviews each
application to determine the quality of the evaluation plan for assuring
adequate performance measurement of project progress.
Cross Reference: 34 CFR 75.590, Evaluation by the grantee.
(e) Quality of key personnel. (10 points)
(1) The Secretary reviews each application to determine the
qualifications of the key personnel the applicant plans to use on the
project.
(2) The Secretary considers --
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (e)(2) (i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
disabling condition.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, and any other qualifications that pertain to the quality of the
project.
(f) Adequacy of resources. (5 points)
(1) The Secretary reviews each application to determine that the
applicant plans to devote adequate resources to the project.
(2) The Secretary considers the extent to which --
(i) The facilities that the applicant plans to use are adequate;
(ii) The equipment and supplies that the applicant plans to use are
adequate; and
(iii) The applicant demonstrates access to subjects necessary to
conduct the proposed project.
(g) Marketing and dissemination. (10 points)
(1) The Secretary reviews each application to determine if there are
adequate provisions for marketing or disseminating results.
(2) The Secretary considers --
(i) The provisions for marketing, replicating, or otherwise
disseminating the results of the project; and
(ii) Provisions for making materials and techniques available to the
populations for whom the project would be useful.
(h) Budget and cost-effectiveness. (5 points)
(1) The Secretary reviews each application to determine if the
project has an adequate budget and is cost effective.
(2) The Secretary considers the extent to which --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1461)
(53 FR 6952, Mar. 3, 1988, as amended at 55 FR 24892, June 19, 1990;
56 FR 54704, Oct. 22, 1991)
333.23 -- 333.29 (Reserved)
34 CFR 333.22 Subpart D -- What Conditions Must Be Met After an Award?
34 CFR 333.30 What materials must be submitted by the grantee?
The Secretary may require any grantee engaged in the development of
materials to submit a copy of those materials.
(Authority: 20 U.S.C. 1461)
34 CFR 333.31 What other conditions must be met by grantees under this
program?
Grantees shall, if appropriate, prepare reports describing their
procedures, findings, and other relevant information in a form that will
maximize the dissemination and use of such procedures, findings, and
information. The Secretary shall require their delivery, as
appropriate, to the Regional and Federal Resource Centers, the
Clearinghouses, and the Technical Assistance to Parents Program (TAPP)
assisted under parts C and D of the Act, as well as the National
Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted,
and the Child and Adolescent Service Systems Program (CASSP) under the
National Institute of Mental Health, appropriate parent and professional
organizations, organizations representing individuals with disabilities,
and such other networks as the Secretary may determine to be
appropriate.
(Authority: 20 U.S.C. 1409(g))
(Approved by the Office of Management and Budget under control number
1820-0028)
(56 FR 54704, Oct. 22, 1991, as amended at 57 FR 14315, Apr. 17,
1992)
333.32 -- 333.39 (Reserved)
34 CFR 333.31 PART 338 -- POSTSECONDARY EDUCATION PROGRAMS FOR INDIVIDUALS WITH DISABILITIES
34 CFR 333.31 Subpart A -- General
Sec.
338.1 What are the Postsecondary Education Programs for Individuals
with Disabilities?
338.2 Who is eligible to apply for an award under these programs?
338.3 What regulations apply to these programs?
338.4 What definitions apply to these programs?
338.5 -- 338.9 (Reserved)
34 CFR 333.31 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under These Programs?
338.10 What kinds of activities may be supported under this part?
338.11 -- 338.19 (Reserved)
34 CFR 333.31 Subpart C -- How Does an Applicant Apply for a Grant?
338.20 What are the application requirements under this part?
338.21 -- 338.29 (Reserved)
34 CFR 333.31 Subpart D -- How Does the Secretary Make a Grant?
338.30 What are the priorities considered for support by the
Secretary under this part?
338.31 What are the selection criteria used to make awards?
338.32 Are awards for regional centers and model projects
geographically dispersed?
338.33 -- 338.39 (Reserved)
34 CFR 333.31 Subpart E -- What conditions Must a Grantee Meet?
338.40 What coordination and dissemination requirements must be met
by a grantee?
338.41 What other conditions must be met by grantees under this
program?
338.42 -- 338.49 (Reserved)
Authority: 20 U.S.C. 1424a, unless otherwise noted.
Source: 49 FR 25991, June 25, 1984, unless otherwise noted.
34 CFR 333.31 Subpart A -- General
34 CFR 338.1 What are the Postsecondary Education Programs for
Individuals with Disabilities?
The Postsecondary Education Programs for Individuals with
Disabilities provide assistance for the development, operation, and
dissemination of specially designed model programs of postsecondary,
vocational, technical, continuing, or adult education for individuals
with disabilities. Such model programs may include joint projects that
coordinate with special education and transitional services.
(Authority: 20 U.S.C. 1424a)
(56 FR 54704, Oct. 22, 1991)
34 CFR 338.2 Who is eligible to apply for an award under these
programs?
State educational agencies, institutions of higher education, junior
and community colleges, vocational and technical institutions, and other
nonprofit educational agencies are eligible to apply for awards under
this part.
(Authority: 20 U.S.C. 1424a)
34 CFR 338.3 What regulations apply to these programs?
The following regulations apply to awards under the Postsecondary
Education Programs for Individuals with Disabilities;
(a) The regulations in this part 338.
(b) The Education Department General Administrative Regulations
(EDGAR) established in title 34 of the Code of Federal Regulations in --
(1) Part 74 (Administration of Grants to Institutions of Higher
Education, Hospitals, and Nonprofit Organizations).
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions);
(4) Part 79 (Intergovernmental Review of Department of Education
Programs and Activities);
(5) Part 80 (Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments);
(6) Part 81 (General Education Provisions Act -- Enforcement);
(7) Part 82 (New Restrictions on Lobbying);
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement)
and Governmentwide Requirements for a Drug-Free Workplace (Grants));
and
(9) Part 86 (Drug-Free Schools and Campuses).
(Authority: 20 U.S.C. 1424a; 20 U.S.C. 3474(a))
(49 FR 25991, June 25, 1984, as amended at 56 FR 54704, Oct. 22,
1991)
34 CFR 338.4 What definitions apply to these programs?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
EDGAR
Fiscal year
Grant
Nonprofit
Project
Secretary
State educational agency.
(Authority: 20 U.S.C. 3474(a))
(b) Definitions in 34 CFR part 300. The following term used in this
part is defined in 34 CFR 300.5(b)(9):
Specific learning disability
(Authority: 20 U.S.C. 1401(a)(15))
(c) Other definitions. ''Individuals with disabilities'' means
individuals --
(1) With mental retardation, hearing impairments including deafness,
speech or language impairments, visual impairments including blindness,
serious emotional disturbance, orthopedic impairments, autism, traumatic
brain injury, other health impairments, or specific learning
disabilities; and
(2) Who, by reason thereof, need special education and related
services.
(Authority: 20 U.S.C. 1424a(b))
(49 FR 25991, June 25, 1984, as amended at 56 FR 54704, Oct. 22,
1991)
338.5 -- 338.9 (Reserved)
34 CFR 338.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under These Programs?
34 CFR 338.10 What kinds of activities may be supported under this
part?
(a) The Secretary may support projects and activities under this part
including but not limited to --
(1) The operation of centers for deaf individuals, including models
of comprehensive supportive services to those individuals;
(2) Model projects of supportive services to individuals with
disabling conditions other than deafness that focus on --
(i) Specially adapted or designed educational programs that
coordinate, facilitate, and encourage education of individuals with
disabilities with their nondisabled peers;
(ii) Expansion of the educational resources and services available to
individuals with disabilities in postsecondary programs;
(iii) Outreach activities that include the provision of technical
assistance to strengthen efforts in the development, operation, and
design of model programs that are adapted to the special needs of
individuals with disabilities.
(iv) Development and dissemination of strategies and materials for
the inservice training of faculty and administrative personnel involved
in the integration of individuals with disabilities in postsecondary
institutions in order to improve their understanding of, and attitudes
toward, those individuals;
(3) Evaluation of the effectiveness of programs carried out under
this part to increase access to postsecondary education for individuals
with disabilities; and
(4) Establishment of projects to stimulate and develop model
statewide, regional, and national programs to improve access for
individuals with disabilities including the fostering of cooperative and
consortia arrangements.
(b) The following is an illustrative list of the types of supportive
services which may be provided (in whole or in part) in model projects
supported under this part:
(1) Interpreters.
(2) Tutors.
(3) Notetakers and readers.
(4) Wheelchair attendants.
(5) Guidance counselors.
(6) Speech and auditory training.
(7) Job placement and follow-up.
(8) Preparatory and orientation services.
(9) Supplementary learning experiences.
(10) Instructional media adaptations.
(11) Inservice training for teachers and other educational staff
relating to the participants with disabilities in the program.
(12) Administrative expenses, including employment of a director,
administrator, or coordinator of the program.
(13) Planning and evaluation activities.
(c) Recipients may not use funds provided under this part for the
payment of tuition or subsistence allowances.
(Authority: 20 U.S.C. 1424a)
(49 FR 25991, June 25, 1984, as amended at 52 FR 6143, Mar. 2, 1987;
56 FR 54704, Oct. 22, 1991)
338.11 -- 338.19 (Reserved)
34 CFR 338.10 Subpart C -- How Does an Applicant Apply for a Grant?
34 CFR 338.20 What are the application requirements under this part?
Applications for funds under this part must contain --
(a) A description of the disabling condition(s) of the persons to be
served; and
(b) The estimated number of individuals with disabilities to be
served annually in the program and specification of the resources and
services needed to enable them to benefit from an educational program.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1424, 1424a)
(49 FR 25991, June 25, 1984, as amended at 56 FR 54704, Oct. 22,
1991)
338.21 -- 338.29 (Reserved)
34 CFR 338.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 338.30 What are the priorities considered for support by the
Secretary under this part?
(a) For each fiscal year, the Secretary gives priority consideration
to four regional centers for deaf individuals.
(b) For any fiscal year, the Secretary may select priorities from
among those activities listed in 338.10(a) (2) through (4).
(c) The Secretary may identify one or more disabling conditions as a
priority for assistance under this part by publishing a notice in the
Federal Register.
(Authority: 20 U.S.C. 1424a(a)(2))
(49 FR 25991, June 25, 1984, as amended at 56 FR 54704, Oct. 22,
1991)
34 CFR 338.31 What are the selection criteria used to make awards?
The Secretary uses the weighted criteria in this section to evaluate
applications for new awards. The maximum score for all the criteria is
100 points.
(a) Plan of operation. (25 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(b) Quality of key personnel. (10 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i)
and (ii) of this section plans to commit to the project; and
(iv) The extent to which the applicant, as part of its
non-discriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(3) To determine the qualifications of a person, the Secretary
considers experience and training in fields related to the objectives of
the project as well as other information that the applicant provides.
(c) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (15 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
(See 34 CFR 75.590, Evaluation by the grantee.)
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(e) Adequacy of resources. (10 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) Continuation of program. (5 points)
(1) The Secretary reviews each application for information that shows
that the activities to be supported are likely to be continued after
Federal funding ends.
(2) The Secretary looks for information that shows the likelihood
that the services provided under the proposed program will be continued
by the applicant following the expiration of Federal funding, as
measured by evidence of financial and other commitment of the applicant
to the program.
(g) Importance. (10 points)
(1) The Secretary reviews each application for information
demonstrating that the proposed project is nationally important in light
of the purposes of this part.
(2) The Secretary looks for information that shows --
(i) The significance of the problem or issue to be addressed;
(ii) The importance of the proposed project in increasing the
understanding of the problem or issue; and in remediating or
compensating for it;
(iii) The experiences of service providers related to the problem or
issue; and
(iv) Previous research findings related to the problem or issue.
(h) Impact. (15 points)
The Secretary reviews each application for information that shows the
probable impact of the proposed research or demonstration activities in
improving postsecondary education for individuals with disabilities,
including --
(1) The contribution that the research or demonstration findings or
products will make to current knowledge or practice; and
(2) The extent to which findings and products will be disseminated
to, and used for the benefit of, appropriate target groups.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: 20 U.S.C. 1424a)
(49 FR 25991, June 25, 1984, as amended at 53 FR 49145, Dec. 6, 1988;
56 FR 54704, Oct. 22, 1991)
34 CFR 338.32 Are awards for regional centers and model projects
geographically dispersed?
To the extent feasible, the Secretary, after applying the selection
criteria in 338.31, geographically disperses awards for regional
centers and model projects throughout the Nation in urban and rural
areas.
(Authority: 20 U.S.C. 1424a)
(52 FR 6143, Mar. 2, 1987)
338.33 -- 338.39 (Reserved)
34 CFR 338.32 Subpart E -- What Conditions Must a Grantee Meet?
34 CFR 338.40 What coordination and dissemination requirements must be
met by a grantee?
Grantees operating regional centers and model projects shall
coordinate their efforts with, and disseminate information about their
activities to, the clearinghouse on postsecondary programs established
under 34 CFR 320.1(b).
(Authority: 20 U.S.C. 1424a)
(52 FR 6143, Mar. 2, 1987)
34 CFR 338.41 What other conditions must be met by grantees under this
program?
Grantees shall, if appropriate, prepare reports describing their
procedures, findings, and other relevant information in a form that will
maximize the dissemination and use of such procedures, findings, and
information. The Secretary shall require their delivery, as
appropriate, to the Regional and Federal Resource Centers, the
Clearinghouses, and the Technical Assistance to Parents Program (TAPP)
assisted under parts C and D of the Act, as well as the National
Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted,
and the Child and Adolescent Service Systems Program (CASSP) under the
National Institute of Mental Health, appropriate parent and professional
organizations, organizations representing individuals with disabilities,
and such other networks as the Secretary may determine to be
appropriate.
(Authority: 20 U.S.C. 1409(g))
(Approved by the Office of Management and Budget under control number
1820-0028)
(56 FR 54704, Oct. 22, 1991, as amended at 57 FR 14315, Apr. 17,
1992)
338.42 -- 338.49 (Reserved)
34 CFR 338.41 PART 345 -- STATE GRANTS PROGRAM FOR TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES
34 CFR 338.41 Subpart A -- General
Sec.
345.1 What is the State Grants Program for Technology-Related
Assistance for Individuals with Disabilities?
345.2 What are the purposes of the State grants program for
technology-related assistance for individuals with disabilities?
345.3 What are the types of awards under this program?
345.4 Who is eligible to receive assistance under this program?
345.5 What regulations apply to this program?
345.6 What definitions apply to this program?
34 CFR 338.41 Subpart B -- What Kinds of Activities Does the Department
Support Under this Program?
345.10 What are the functions of projects funded under this program?
345.11 What types of activities are authorized under this program?
34 CFR 338.41 Subpart C -- How Does a State Apply for a Grant?
345.20 What is the content of an application for a development grant?
345.21 What is the content of an application for an extension grant?
34 CFR 338.41 Subpart D -- How Does the Secretary Make a Grant?
345.30 How does the Secretary evaluate an application for a
development grant under this program?
345.31 What selection criteria are used for development grants under
this program?
345.32 What other factors does the Secretary take into consideration
in making development grant awards under this program?
345.33 What is the review process for an application for an extension
grant?
34 CFR 338.41 Subpart E -- What Conditions Must Be Met After an Award?
345.40 What are the reporting requirements for the recipient of a
development grant?
345.41 What are the reporting requirements for the recipient of an
extension grant?
345.42 Who retains title to technology devices provided under this
program?
345.43 What are the requirements for grantee participation in the
Secretary's progress assessments?
345.44 What are the restrictions on the use of funds under this
program?
345.45 What is the relation between this program and related
assistance under other programs?
345.46 What are the requirements for participation in the Secretary's
evaluation of this program?
34 CFR 338.41 Subpart F -- What Compliance Procedures May the Secretary
Use?
345.50 Who is subject to a corrective action plan?
345.51 What penalties may the Secretary impose on a grantee that is
found not to be in compliance?
Authority: 29 U.S.C. 2201-2271, unless otherwise noted.
Source: 54 FR 32771, Aug. 9, 1989, unless otherwise noted.
34 CFR 338.41 Subpart A -- General
34 CFR 345.1 What is the State Grants Program for Technology-Related
Assistance for Individuals with Disabilities?
This program provides financial assistance to States to assist each
State to develop and implement a consumer-responsive, comprehensive
statewide program of technology-related assistance for individuals with
disabilities that accomplishes the purposes described in 345.2.
(Authority: 29 U.S.C. 2211(a))
34 CFR 345.2 What are the purposes of the State grants program for
technology-related assistance for individuals with disabilities?
The purposes of this program are to create and support
consumer-responsive, comprehensive, statewide programs of
technology-related assistance that are designed to increase --
(a) Awareness of the needs of individuals with disabilities for
assistive technology devices and assistive technology services;
(b) Awareness of policies, practices, and procedures that facilitate
or impede the availability or provision of assistive technology devices
and assistive technology services;
(c) The availability of and funding for the provision of assistive
technology devices and assistive technology services for individuals
with disabilities;
(d) Awareness and knowledge of the efficacy of assistive technology
devices and assistive technology services among individuals with
disabilities, their families or representatives, individuals who work
for public agencies and private entities that have contact with
individuals with disabilities (including insurers), employers, and other
appropriate individuals;
(e) The capacity of public and private entities to provide
technology-related assistance, particularly assistive technology devices
and assistive technology services, and to pay for the provision of
assistive technology devices and assistive technology services;
(f) Coordination among State agencies and public and private entities
that provide technology-related assistance, particularly assistive
technology devices and assistive technology services; and
(g) The probability that individuals of all ages with disabilities
will, to the extent appropriate, be able to secure and maintain
possession of assistive technology devices as they make the transition
between services offered by human service agencies or between settings
of daily living.
(Authority: 29 U.S.C. 2201(b)(1))
34 CFR 345.3 What are the types of awards under this program?
Under this program, the Secretary --
(a) Awards three-year development grants to assist States in
developing and implementing statewide programs that accomplish the
purposes in 345.2; and
(b) May award a two-year extension grant to any State that
demonstrates significant progress under the development grant in
developing and implementing a statewide program that accomplishes the
purposes in 345.2.
(Authority: 29 U.S.C. 2212 (a) and 2213(a))
34 CFR 345.4 Who is eligible to receive assistance under this program?
(a) A State is eligible to receive a grant under this program,
providing that the Governor has designated --
(1) An office, agency, entity, or individual to be responsible for
preparing the application and carrying out the purposes and activities
of the program under the grant; and
(2) A public agency to be responsible for receiving and disbursing to
that office, agency, entity, or individual the funds received under the
program and maintaining fiscal accountability and responsibility.
(b) A State that is receiving funding for a third year under a
development grant may apply for an extension grant, pursuant to 345.21.
(Authority: 29 U.S.C. 2212 (a) and (e)(1) and 2213(a))
34 CFR 345.5 What regulations apply to this program?
The following regulations apply to the State Grants Program for
Technology-Related Assistance for Individuals with Disabilities:
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations), part 75
(Direct Grant Programs) except 75.618, part 77 (Definitions That Apply
to Department Regulations), part 79 (Intergovernmental Review of
Department of Education Programs and Activities), part 80 (Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments), except 80.32(a) and 80.33(a), part 81
(General Education Provisions Act -- Enforcement), and part 85
(Governmentwide Debarment and Suspension (Nonprocurement) and
Governmentwide Requirements for Drug-Free Workplace (Grants)).
(b) The regulations in this part 345.
(Authority: 29 U.S.C. 2201-2217)
34 CFR 345.6 What definitions apply to this program?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
Department
EDGAR
Fiscal year
Grant period
Nonprofit
Nonpublic
Private
Project
Project period
Public
(b) Definitions in the Technology-Related Assistance for individuals
with Disabilities Act of 1988. The following terms used in this part
are defined in section 3 of the Act:
Assistive technology device
Assistive technology service
Individual with disabilities
Institution of higher education
Secretary
State
Technology-related assistance
Underserved group
(c) Other definitions. The following definition also applies to this
part:
''Major life functions'' means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(Authority: 29 U.S.C. 2201-2217)
34 CFR 345.6 Subpart B -- What Kinds of Activities Does the Department Support Under This Program?
34 CFR 345.10 What are the functions of projects funded under this
program?
The following functions may be carried out by States in accomplishing
the purposes described in 345.2:
(a) Identification of individuals with disabilities, including
individuals from underserved groups, residing in the State, and an
ongoing assessment of the needs of those individuals with disabilities
for technology-related assistance, which may be based on existing data.
(b) Identification and coordination of Federal and State policies,
resources, and services related to the provision of technology-related
assistance to individuals with disabilities, including entering into
interagency agreements.
(c) Provision to individuals with disabilities of assistive
technology devices and services that will mitigate the effects of those
disabilities, and payment for these devices and services.
(d) Dissemination of information about technology-related assistance
and funding sources for assistive technology devices and services to
individuals with disabilities, their families or representatives,
employers, individuals who work for public agencies or private entities
that have contact with individuals with disabilities (including
insurers), and other appropriate individuals.
(e) Provision of training and technical assistance related to
assistive technology devices and services to individuals with
disabilities, their families or representatives, employers, and
individuals who work for public agencies or private entities that have
contact with individuals with disabilities (including insurers), and
other appropriate individuals.
(f) Conduct of a public awareness program focusing on the efficacy
and availability of assistive technology services and devices for
individuals with disabilities.
(g) Provision of assistance to statewide and community-based
organizations that provide assistive technology services to individuals
with disabilities.
(h) Support for the establishment or continuation of partnerships and
cooperative initiatives between public agencies and both nonprofit and
for-profit entities to facilitate the development and implementation of
a statewide program of technology-related assistance for individuals
with disabilities.
(i) Actions to develop standards or, as appropriate, apply existing
standards to ensure the availability of qualified personnel.
(j) Compilation and evaluation of appropriate data relating to the
program.
(k) The establishment of procedures providing for the active
involvement of individuals with disabilities, their families or
representatives, and other appropriate individuals in the development
and implementation of the program, and for the active involvement, to
the maximum extent appropriate, of individuals with disabilities who use
assistive technology devices and assistive technology services in
decisions relating to these assistive technology devices and assistive
technology services.
(l) Any other functions approved by the Secretary that further the
purposes in 345.2.
(Authority: 29 U.S.C. 2211(b))
34 CFR 345.11 What type of activities are authorized under this
program?
In carrying out the purposes described in 345.2 and the functions
described in 345.10, a State may undertake one or more of the following
activities:
(a) Develop and implement model systems for the delivery of assistive
technology devices and services to individuals with disabilities that,
if successful, could be replicated or made generally applicable, and
that may include --
(1) The purchase, lease, or other acquisition of assistive technology
devices and services, or payment for the provision of assistive
technology devices and services;
(2) The provision of counselors, including peer counselors, to assist
individuals with disabilities and their families to obtain assistive
technology devices and services;
(3) Provisions for the involvement of individuals with disabilities
or, if appropriate, their families or representatives in the development
and operation of the model delivery system; and
(4) The evaluation of the efficacy of the model service delivery
system.
(b) Conduct a statewide needs assessment, which may be based on
existing data and may include --
(1) Estimates of the number of individuals with disabilities within
the State, categorized by residence, type and extent of disabilities,
age, race, gender, and ethnicity;
(2) A description of the efforts during fiscal year 1987 to provide
technology-related assistance to individuals with disabilities,
including the devices and services provided and the number and types of
individuals receiving appropriate devices and services;
(3) An estimate of the number of individuals with disabilities who
are in need of assistive technology devices and services and a
description of the types of assistance needed;
(4) An estimate of the cost of providing technology-related
assistance to all individuals with disabilities who need
technology-related assistance;
(5) A description of State and local public and private resources,
including insurance, available to establish a statewide program of
technology-related assistance;
(6) The identification of State and Federal policies that facilitate
or interfere with the operation of a statewide system of
technology-related assistance;
(7) A description of alternative State-financed systems to subsidize
the provision of technology-related assistance, including loans for
assistive technology devices, a low-interest loan fund, a revolving
fund, a loan insurance program, or a partnership with private entities
for the purchase, lease, or other acquisition of assistive technology
devices and services, and a description of the eligibility criteria
under these alternative systems;
(8) A description of the State's procurement policies and the extent
to which those policies will ensure, to the extent practicable, the
compatibility of assistive technology devices supplied as a result of
this program with technology designed for general use by those in the
population who are not disabled; and
(9) An inquiry into whether it is advantageous for either a State
agency or a task force comprised of representatives from both the State
and the private sector to study the practices of private companies
offering health and disability insurance in the State with regard to the
purchase, lease, or other acquisition of assistive technology devices
and use of assistive technology services.
(c) Conduct or support a public awareness program designed to provide
information on the efficacy and availability of assistive technology
devices and services to individuals with disabilities, their families or
representatives, individuals who work for public agencies and private
entities that have contact with individuals with disabilities (including
insurers), employers, and other appropriate individuals that may include
--
(1) The development and dissemination of information relating to the
nature of assistive technology devices and services including their
cost, appropriateness, availability, and means of access, and the
efficacy of assistive technology devices and services in enhancing the
capacities of individuals with disabilities;
(2) Procedures for providing direct communication between public and
private providers, including employers, of assistive technology devices
and services; and
(3) The development and dissemination of information relating to the
use of the public awareness program by individuals with disabilities,
their family members or representatives, professionals who work in the
field of technology-related assistance, and other appropriate
individuals, and the nature of the inquiries these individuals have
made.
(d) Encourage the creation of or support for the maintenance of a
program of support groups among statewide or community-based
organizations or systems that assist individuals with disabilities to
use assistive technology devices or services.
(e) Provide or support a program of training and technical assistance
relating to the use of assistive devices and assistive technology
services to individuals with disabilities, their families or
representatives, individuals who work for public agencies or private
entities that have contact with individuals with disabilities, insurers,
employers, and other appropriate individuals.
(f) Develop, operate, or expand a system for public access to
information about technology-related assistance that may --
(1) Include information about assistive technology devices and
services, and about the availability, costs, and sources of funds, and
the individuals, organizations, and agencies capable of providing
technology-related assistance to individuals with disabilities;
(2) Identify and classify existing funding sources, and conditions of
and criteria for access to those sources, including any funding
mechanisms or strategies developed by the State;
(3) Develop, compile, and categorize a catalog of print, braille,
audio, video, captioned video, and other materials in various media that
contain the information described in 345.11(f)(1) so as to ensure
accessibility to individuals with sensory and cognitive disabilities;
(4) Identify existing support groups and systems available to assist
individuals with disabilities to make effective use of
technology-related assistance; and
(5) Maintain a record of the extent to which citizens of the State
use or make inquiries of this information system, and the nature of
their inquiries.
(g) Develop cooperative agreements with other States to expand the
capacity of the States to assist individuals of all ages with
disabilities to learn about, acquire, use, maintain, adapt, and upgrade
assistive technology devices and assistive technology services that
these individuals need at home, school, work, or other environments that
are part of daily living.
(h) Conduct any other activities necessary to developing,
implementing, or evaluating the statewide program of technology-related
assistance.
(Authority: 29 U.S.C. 2211(c))
34 CFR 345.11 Subpart C -- How Does a State Apply for a Grant?
34 CFR 345.20 What is the content of an application for a development
grant?
(a) Applicants for development grants under this program shall
include the following information in their applications:
(1) The designation by the Governor of the State of the office,
agency, entity, or individual responsible for preparing the application;
administering and supervising the use of amounts made available under
the grant; planning and developing the statewide program of
technology-related assistance; ensuring coordination between public and
private agencies, including the entering into of interagency agreements;
ensuring active, timely, and meaningful participation by individuals
with disabilities and their families or representatives, and other
appropriate individuals with respect to performing functions and
carrying out activities under the grant; and delegating any of these
responsibilities to one or more appropriate agencies, entities, or
individuals.
(2) A description of the nature and extent of involvement of various
State agencies in the preparation of the application and of their
continuing role in the development of the statewide program of
technology-related assistance.
(3) A description of the nature and extent of involvement of
individuals not employed by any State agency, including individuals with
disabilities, their families or representatives, and other appropriate
individuals in the development of the application and the continuing
role of these individuals in the development of the statewide program
under the grant.
(4) A preliminary assessment of the needs of individuals with
disabilities in the State, including individuals from underserved
groups, and individuals in various geographic areas of the State for
assistive technology services, devices, and support.
(5) A description of the State's current and previous efforts to
develop a statewide program of technology-related assistance and an
assessment of the effectiveness of those efforts.
(6) A description of the objectives, functions, goals, and activities
planned under the grant and the expected outcomes at the end of the
grant period with respect to a consumer-responsive statewide program
consistent with the purposes of the program stated in 345.2.
(7) A description of the State's and other resources that can be
committed to the development of the statewide program, including a
description of the types of collaborative relationships that will be
developed among public and private entities in the State to further the
purposes of the grant.
(8) A description of the procedures used for compiling information
for the application and of the procedures that the State will use to
collect information and conduct evaluations of progress and
accomplishments under the grant.
(9) A description of State policies and procedures governing
contracts, grants, and other arrangements with public and private
entities and individuals for the purpose of developing a statewide
system and providing assistive technology devices and services under the
grant that will indicate that a State's policies and procedures are
adequate to ensure appropriate fiscal accounting, recordkeeping and
reporting, and program accountability by all parties receiving funds
under the grant.
(b) Applicants for development grants shall include the following
assurances in their applications:
(1) An assurance that, to the extent practicable, devices and
services provided under the grant will be equitably distributed among
all geographic areas of the State.
(2) An assurance that title to devices purchased with grant funds,
including through subgrants or contracts, will be held by public
agencies or will be transferred to the disabled individual or to a
family member or guardian in accordance with the provisions of 345.42.
(3) An assurance that funds received under the grant --
(i) Will be expended in accordance with the provisions of title I of
the Technology-Related Assistance for Individuals with Disabilities Act
of 1988 and the regulations in this part;
(ii) Will be used to supplement amounts available from other sources
for technology-related assistance;
(iii) Will not be used to pay a financial obligation for
technology-related devices or services that would otherwise have been
paid from other sources, unless that payment is made to prevent a delay
in receipt of technology-related assistance by an individual and is
subsequently reimbursed in full; and
(iv) Will not be used to supplant related assistance available under
the Social Security Act (titles II, V, XVI, XVIII, XIX, or XX), the
Education of the Handicapped Act, the Rehabilitation Act of 1973, or
laws pertaining to veterans benefits.
(4) An assurance that the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure proper disbursement
of and accounting for funds under the grant, and that a public agency
will control and administer all funds received under the grant and will
not commingle monies received under the grant with State or other funds.
(5) An assurance that the State will make available information
concerning technology-related assistance to individuals with
disabilities and their families or representatives in a form that will
enable those individuals to make effective use of the information; in
preparing information for dissemination, will consider the needs of
individuals with sensory and cognitive impairments; and will consider
the provision of information through a variety of formats, including
audio cassettes and braille materials, and visual materials such as
captioned video cassettes and discs.
(6) An assurance that the State will prepare reports to the Secretary
in such form and containing such information as the Secretary may
require to carry out the Secretary's functions under this program, and
will keep such records, and allow access to those records as the
Secretary may require to ensure the correctness and verification of
information provided by the State in its application.
(c) Applicants for development grants shall provide any other related
information and assurances that the Secretary may reasonably require.
(Approved by the Office of Management and Budget under control number
1820-0572)
(Authority: 29 U.S.C. 2212(e))
(54 FR 32771, Aug. 9, 1989, as amended at 57 FR 14315, Apr. 17, 1992)
34 CFR 345.21 What is the content of an application for an extension
grant?
A State that seeks an extension grant shall include the following in
an application:
(a) A description of the needs of individuals with disabilities,
their families or representatives, including individuals from
underserved groups and other appropriate individuals within the State,
for assistive technology devices and services.
(b) A description of the specific activities carried out under the
development grant and the relationship of these activities to the
creation of a statewide program of technology-related assistance.
(c) Documentation of the progress made under the development grant
toward development of a statewide system of technology-related
assistance.
(d) A description of the actions the State has taken to determine the
degree of satisfaction of individuals with disabilities and their
families or representatives, public and private service providers,
employers, and other appropriate individuals with the degree of their
ongoing participation in the development and implementation of the
statewide system, with the specific activities carried out under the
development grant, and with the progress made under the grant toward a
consumer-responsive statewide system. That description must include --
(1) A description of the involvement of individuals with disabilities
and their families or representatives in the activities carried out
under the development grant and of their continuing involvement in the
extension grant; and
(2) A description of the involvement of State agencies, other public
agencies, and private organizations, including service providers and
employers, in the activities under the development grant and in the
resultant statewide system, and their continuing roles under the
extension grant.
(e) A summary of comments on the State's programs and progress under
the development grant that the State has solicited from relevant
parties, including persons with disabilities and their families or
representatives, public and private service providers, employers, and
other appropriate individuals and organizations and a summary of the
State's response to those comments.
(f) Information and assurances as described in 345.20.
(g) An assurance that the State will comply with the guidelines
established under Section 508 of the Rehabilitation Act of 1973 in
making electronic equipment accessible to individuals with disabilities.
(Approved by the Office of Management and Budget under control no.
1820-0572)
(Authority: 29 U.S.C. 2213(c))
(54 FR 32771, Aug. 9, 1989, as amended at 57 FR 14315, Apr. 17, 1992)
34 CFR 345.21 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 345.30 How does the Secretary evaluate an application for a
development grant under this program?
(a) The Secretary evaluates each application using the selection
criteria in 345.31.
(b) The Secretary awards each application a value of zero to five
(0-5) for each of seven (7) criteria listed in 345.31. These values are
based on how well the application addresses each criterion, as follows:
Outstanding (5); Superior (4); Satisfactory (3); Marginal (2); poor
(1); or not addressed in the application (0).
(c) The Secretary weights each criterion as indicated in 345.31.
The value awarded to each criterion in a State's application is
multiplied by the standard weight accorded to that criterion in 345.31.
(d) The final score for each application is determined by totaling
the scores computed for each criterion.
(e) The maximum score for each application is 100 points.
(Authority: 29 U.S.C. 2212)
34 CFR 345.31 What selection criteria are used for development grants
under this program?
(a) The Secretary rates each application to determine the degree to
which --
(1) Needs assessment (Weight: 2; Total Points: 10) The application
demonstrates a comprehensive assessment of the need for a statewide,
consumer-responsive program of technology-related assistance that
includes --
(i) A preliminary assessment of the needs of individuals with
disabilities for assistive technology devices and services, including
the needs of individuals from underserved groups and in various
geographic areas of the State, that includes a description of how these
estimates were obtained;
(ii) An assessment of existing efforts in the State to provide
technology-related assistance to individuals with disabilities,
including a description of the type, extent, and level of
technology-related assistance activities, the public and private
agencies and individuals involved in these activities and the nature of
their involvement, and an assessment of the effectiveness of these
activities; and
(iii) An assessment of the current unmet needs in the State that
would have to be met in order to accomplish each of the seven purposes
of the program as described in 345.2;
(2) Goals and objectives (Weight: 3; Total Points: 15) The
application identifies goals and objectives that --
(i) Address each of the unmet needs in the State described in
345.31(a)(1); and
(ii) Are clearly measurable, with both milestones of progress and
indicators of success;
(3) Plan of activities (Weight: 3; Total Points: 15) The
application presents a plan of activities that --
(i) Indicates a likelihood that the proposed activities will
accomplish the goals and objectives as set forth in 345.31(a)(2) and
will result in the development and implementation of a comprehensive,
consumer-responsive, statewide system of technology-related assistance;
(ii) Is consistent with the authorized purposes, functions, and
activities of the program; and
(iii) Provides, to the extent feasible, for equitable distribution of
amounts received under the grant in all geographic areas of the State,
and effectively considers the needs of underserved groups;
(4) Evaluation plan (Weight: 3; Total Points: 15) The application
presents an effective plan for evaluating the progress made toward
accomplishment of the goals and objectives of the State's project that
--
(i) Specifies adequate indicators of accomplishment for each of the
goals and objectives;
(ii) Specifies appropriate measures to be used and the data elements
needed for these measures that will result in an adequate evaluation;
(iii) Specifies appropriate sources of data and feasible and
appropriate data collection methods to be used for each measure;
(iv) Describes acceptable methods of data analysis that are likely to
yield objective and meaningful evaluation results; and
(v) Allocates sufficient resources, including personnel, funds, and
administrative priority, to the evaluation to ensure that the evaluation
will meet the requirements of this part;
(5) Management plan (Weight: 2; Total Points: 10) The application
presents a plan for management of the activities under the grant that --
(i) Includes an adequate number of staff with appropriate training
and experience to implement the activities under the project grant;
(ii) Presents an appropriate plan to manage and account for the
fiscal resources of the project, consistent with the requirements of the
program, including 345.4, 345.20, 345.44, and 345.45;
(iii) Presents a detailed internal management plan for the management
of the resources under the grant, including specification of
responsibilities and administrative authority and provisions for
internal monitoring of progress;
(iv) Presents a realistic timeline for the implementation of project
activities so as to ensure accomplishment of proposed goals and
objectives within the time period proposed in the application; and
(v) Allots sufficient and appropriate resources from the grant or
other sources for the accomplishment of the proposed project activities;
(6) Inclusion of individuals with disabilities and their families or
representatives (Weight: 4; Total Points: 20) The application
describes substantive roles for individuals with disabilities and their
families or representatives in --
(i) The development of the application, including the assessment of
needs;
(ii) The establishment of goals and objectives for the project;
(iii) The planning and implementation of the functions and activities
to be carried out under the project grant; and
(iv) The evaluation of activities under the grant and the assessment
of the progress that the State has made toward the accomplishment of the
project's goals and objectives; and
(7) Coordination (Weight: 3; Total Points: 15) The application
describes adequate coordination among appropriate State, public, and
private agencies and organizations in --
(i) The development of the application, including the assessment of
needs and description of current related activities in the State;
(ii) The identification of goals and objectives for the project to be
conducted under the grant;
(iii) Participation in the proposed functions and activities to be
conducted under the grant;
(iv) The development and implementation of interagency activities,
including interagency agreements, if appropriate, that will result in
the broad scale participation and exchange of information necessary to
implement a statewide program of technology-related assistance; and
(v) The evaluation of the project and of the progress made toward the
development of a consumer-responsive, statewide system.
(Approved by the Office of Management and Budget under control no.
1820-0572)
(Authority: 29 U.S.C. 2212(e), 2214(a) and 2217(c))
(54 FR 32771, Aug. 9, 1989, as amended at 57 FR 14315, Apr. 17, 1992)
34 CFR 345.32 What other factors does the Secretary take into
consideration in making development grant awards under this program?
In making development grants under this program, the Secretary takes
into consideration, to the extent feasible --
(a) Achieving a balance among States that have differing levels of
development of statewide programs of technology-related assistance; and
(b) Achieving a geographically equitable distribution of the grants.
(Authority: 29 U.S.C. 2212(d) (1) and (2))
34 CFR 345.33 What is the review process for an application for an
extension grant?
The Secretary may award an extension grant to a State that
demonstrates to the Secretary that it has made significant progress in
developing and implementing a consumer-responsive, statewide program of
technology-related assistance under a development grant. The Secretary
bases the decision to make an award on --
(a) The State's application for an extension grant as described in
345.21; and
(b) The report of the site visit team, which is composed of peers
from other participating States and other qualified individuals, and
which visits the State's project during the final year of the
development grant, concerning the extent to which the State has made
significant progress in developing a consumer-responsive statewide
program of technology-related assistance.
(Authority: 29 U.S.C. 2213(c) and 2215(a))
34 CFR 345.33 Subpart E -- What Conditions Must Be Met After an Award?
34 CFR 345.40 What are the reporting requirements for the recipient of
a development grant?
States receiving development grants shall submit the following
reports, and shall make these reports readily available to the public at
no extra cost:
(a) An annual progress report that, at a minimum, describes --
(1) Activities completed under the grant;
(2) Progress made toward achieving the goals and objectives of the
development of a consumer-responsive, statewide program of technology
related assistance;
(3) The impact of the program activities on individuals with
disabilities, public agencies, financial resources committed to
technology-related assistance for individuals with disabilities,
community-based organizations, and employers, and, to the extent
appropriate, examples of the impact on individuals with disabilities;
(4) The problems, if any, that were encountered in carrying out the
proposed activities under the grant;
(5) Activities planned for the following year to rectify problems
encountered in implementing grant activities; and
(6) Revisions, if any, to the measurable goals and objectives
specified in the original grant application, based on experiences under
the grant and revisions, if any, to the plan for measuring achievement
of those goals and objectives.
(b) Any other reports that the Secretary may reasonably require to
carry out the Secretary's functions under this program.
(Approved by the Office of Management and Budget under control no.
1820-0572)
(Authority: 29 U.S.C. 2212(e) and 2214(a))
(54 FR 32771, Aug. 9, 1989, as amended at 57 FR 14315, Apr. 17, 1992)
34 CFR 345.41 What are the reporting requirements for the recipient of
an extension grant?
In addition to meeting the reporting requirements specified in
345.40, recipients of extension grants shall include in their annual
reports a description of the types of assistance provided under the
grant, the settings in which the assistance was provided, the effects of
that assistance, especially with respect to individuals with
disabilities, and the methods by which the information required for the
annual report was obtained.
(Approved by the Office of Management and Budget under control no.
1820-0572)
(Authority: 29 U.S.C. 2214(b))
(54 FR 32771, Aug. 9, 1989, as amended at 57 FR 14315, Apr. 17, 1992)
34 CFR 345.42 Who retains title to devices provided under this program?
Title to devices purchased with grant funds under this part, either
directly or through any contract or subgrant, must be held by a public
agency or by an individual with disabilities who is the beneficiary of
the device. If the disabled individual does not have legal status to
hold title, the title may be retained by a parent or legal guardian.
(Authority: 29 U.S.C. 2212(e)(12))
34 CFR 345.43 What are the requirements for grantee participation in
the Secretary's progress assessments?
Recipients of development grants shall participate in the Secretary's
assessment of the extent to which States are making significant progress
by --
(a) Participating in the on-site monitoring visits that will be made
to each grantee during the final year of the development grant; and
(b) Providing written evaluations of the State's progress toward
fulfilling its goals and the objectives of the project, and such other
documents as the Secretary may reasonably require to complete the
required assessment.
(Approved by the Office of Management and Budget under control no.
1820-0572)
(Authority: 29 U.S.C. 2215(a))
(54 FR 32771, Aug. 9, 1989, as amended at 57 FR 14315, Apr. 17, 1992)
34 CFR 345.44 What are the restrictions on the use of funds under this
program?
(a) States receiving funds under this part shall --
(1) Place control of and administrative responsibility for the funds
under a public agency;
(2) Avoid commingling funds under the grant with funds from any other
source;
(3) Use funds under the grant to supplement rather than replace
amounts available from other sources for technology-related assistance;
and
(4) Not use funds under this part to pay financial obligations for
technology-related assistance that would otherwise have been paid from
amounts available from other sources, unless payment is only to prevent
a delay in the receipt of technology-related assistance by an individual
with disabilities and the amount used to pay the financial obligation is
reimbursed in full by the responsible agency or entity.
(b) A State receiving a grant may make contracts or subgrants with
public or private nonprofit and for-profit agencies to carry out
activities under the grant, provided that --
(1) A designated public agency maintains fiscal responsibility and
accountability; and
(2) All appropriate provisions related to data collection,
recordkeeping, and cooperation with the Secretary's evaluation and
program monitoring efforts are applied to all subcontractors and
subgrantees as well as to the agency receiving the grant.
(Authority: 29 U.S.C. 2201(b)(1)(E), 2211(b) (7) and (8), and (c)
(2)(G), (3), and (5), and 2212(e) (8), (11), (12)(A), and (14))
34 CFR 345.45 What is the relation between this program and related
assistance under other programs?
No State or Federal agency may, by reason of this program, reduce
medical or other assistance available to or alter eligibility under --
(a) Titles II, V, XVI, XVIII, XIX, or XX of the Social Security Act;
(b) The Education of the Handicapped Act;
(c) The Rehabilitation Act of 1973; or
(d) Laws relating to veterans benefits.
(Authority: 29 U.S.C. 2215(c))
34 CFR 345.46 What are the requirements for participation in the
Secretary's evaluation of this program?
States receiving grants under this program shall --
(a) Cooperate with the Secretary in the development of an information
system that can be used to compile qualitative and quantitative
descriptions of the impact of the program on --
(1) The lives of individuals with disabilities, particularly with
respect to --
(i) Greater control over their own lives;
(ii) Greater participation in home, school, work, and community
activities;
(iii) More extensive interactions with individuals who do not have
disabilities; and
(iv) Enhanced benefits from opportunities generally available to
individuals who do not have disabilities;
(2) Public agencies, community-based organizations, and employers;
and
(3) Fiscal resources committed to technology-related assistance for
individuals with disabilities; and
(b) Provide to the Secretary such other information as may be
necessary to complete the required national evaluation.
(Approved by the Office of Management and Budget under control no.
1820-0572)
(Authority: 29 U.S.C. 2217 (b) and (c))
(54 FR 32771, Aug. 9, 1989, as amended at 57 FR 14315, Apr. 17, 1992)
34 CFR 345.46 Subpart F -- What Compliance Procedures May the Secretary Use?
34 CFR 345.50 Who is subject to a corrective action plan?
Any State that fails to comply with the requirements of this part is
subject to a corrective action plan.
(Authority: 29 U.S.C. 2215(b)(1))
34 CFR 345.51 What penalties may the Secretary impose on a grantee that
is found not to be in compliance?
A State that fails to comply with the requirements of this part may
be subject to penalties such as --
(a) Partial or complete termination of funds;
(b) Ineligibility to participate in the grant program in the
following year; or
(c) Reduction in funding for the following year.
(Authority: 29 U.S.C. 2215(b)(2))
34 CFR 345.51 PART 346 -- TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES: DEMONSTRATION AND INNOVATION PROJECTS OF NATIONAL SIGNIFICANCE
34 CFR 345.51 Subpart A -- General
Sec.
346.1 What is the demonstration and innovation projects program?
346.2 What are the purposes of the demonstration and innovation
grants program?
346.3 Who is eligible for assistance under this program?
346.4 What regulations apply to this program?
346.5 What definitions apply to this program?
34 CFR 345.51 Subpart B -- What Kinds of Activities Does the Department
Support Under This Program?
346.10 What types of projects may be supported under this program?
346.11 What are the priorities under this program?
34 CFR 345.51 Subpart C -- (Reserved)
34 CFR 345.51 Subpart D -- How Does the Secretary Make a Grant Under
This Program?
346.30 How does the Secretary evaluate applications under this
program?
346.31 What selection criteria are used to evaluate applications for
model delivery projects for technology-related devices and services
under this program?
346.32 What selection criteria are used to evaluate applications for
research and development projects under this program?
346.33 What selection criteria are used to evaluate applications for
income-contingent direct loan demonstration projects under this program?
34 CFR 345.51 Subpart E -- What Are the Additional Requirements That
Apply to a Grantee?
346.40 What are the requirements that apply to a grantee for
coordination and information sharing?
346.41 What is the requirement for cost-sharing under this program?
Authority: 29 U.S.C. 2201-2271, unless otherwise noted.
Source: 55 FR 33069, Aug. 13, 1990, unless otherwise noted.
34 CFR 345.51 Subpart A -- General
34 CFR 346.1 What is the demonstration and innovation projects program?
This program provides grants or cooperative agreements to nonprofit
or for-profit entities to pay all or part of the cost of establishing or
operating demonstration and innovation projects related to
technology-related assistance for individuals with disabilities.
(Authority: 29 U.S.C. 2261(a))
34 CFR 346.2 What are the purposes of the demonstration and innovation
grants program?
The purposes of this program are to undertake demonstration and
innovation projects in areas of national significance that will promote
the development of comprehensive, consumer-responsive statewide systems
of technology-related assistance for individuals with disabilities, and
enhance the capacity of the Federal government to provide information,
models, and technical assistance to the States.
(Authority: 29 U.S.C. 2201 and 2261(a))
34 CFR 346.3 Who is eligible for assistance under this program?
Nonprofit and for-profit entities may apply for grants or cooperative
agreements under this program.
(Authority: 29 U.S.C. 2261(a))
34 CFR 346.4 What regulations apply to this program?
The following regulations apply to the Demonstration and Innovation
Projects of National Significance Program:
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations), part 75
(Direct Grant Programs), part 77 (Definitions That Apply to Department
Regulations), part 81 (General Education Provisions Act -- Enforcement),
part 82 (New Restrictions on Lobbying), part 85 (Governmentwide
Debarment and Suspension (Nonprocurement) and Governmentwide
Requirements for a Drug-Free Workplace (Grants)).
(b) The regulations in this part 346.
(Authority: 29 U.S.C. 2201-2271)
34 CFR 346.5 What definitions apply to this program?
(a) Definitions in the Technology-Related Assistance for Individuals
with Disabilities Act of 1988. The following terms used in this part
are defined in section 3 of the Act:
Assistive technology device
Assistive technology service
Individual with disabilities
Institution of higher education
Secretary
State
Technology-related assistance
Underserved group
(b) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
Department
EDGAR
Fiscal year
Grant period
Nonprofit
Nonpublic
Private
Project
Project period
Public
(c) Other definitions. The following definitions also apply to this
part:
Direct loan means a loan of money to an individual with disabilities,
or to a family or employer on behalf of an individual with disabilities,
to be used for the purchase or lease of technology-related devices or
services.
Direct support services means services that are provided directly to
individuals with disabilities to facilitate major life activities, such
as services provided by personal care attendants, interpreters, readers,
and notetakers.
Income contingent means that eligibility for receipt of a loan, the
loan amount, and the repayment schedule are based on the income and
financial need of the individual with disabilities.
Model projects means projects that are designed to demonstrate new or
innovative ways of developing or providing assistive technology devices
or services and that can be replicated in other settings.
Orphan technology or orphan devices means technology or devices that
are likely to be beneficial to individuals with disabilities but are not
likely to be produced commercially.
Research and development projects means the systematic use of
knowledge and understanding in order to create useful materials,
devices, systems, or methods, including the design and development of
prototypes and procedures.
(Authority: 29 U.S.C. 2201-2271)
34 CFR 346.5 Subpart B -- What Kinds of Activities Does the Department Support Under This Program?
34 CFR 346.10 What types of projects may be supported under this
program?
Under this program, the Secretary may award grants or cooperative
agreements to support the following types of projects:
(a) Model projects for delivering assistive technology devices and
services. Projects that demonstrate improved methods to deliver
technology-related assistance to individuals of all ages with
disabilities functioning in various environments and carrying out
various activities, that, if successful, could be replicated or made
generally applicable, and that may include --
(1) The purchase, lease, or other acquisition of assistive technology
devices and services or payment for the provision of these devices and
services;
(2) The use of counselors, including peer counselors, to assist
individuals with disabilities or their families to obtain assistive
technology devices and services;
(3) Demonstrations on ways to most appropriately involve individuals
with disabilities or their family members in decisions related to the
provision of assistive technology devices and services;
(4) Demonstrations of improved ways to deliver services to previously
underserved groups or hard-to-reach populations, including rural
residents, racial or ethnic minorities, children or elderly persons, or
individuals with low-prevalence disabilities; or
(5) Innovative models for the organization of service-delivery
systems, including innovative models for the involvement of a wide range
of private and public agencies in the delivery system.
(b) Model research and development projects. Applied research and
development projects designed to --
(1) Increase the availability of reliable and durable assistive
technology devices that address unique or low-prevalence disabilities or
other disabilities with low market demand or disabilities with complex
technology-related needs;
(2) Develop strategies and techniques to involve individuals with
disabilities in assessing performance characteristics of technology
developed for use by individuals who do not have disabilities and
developing adaptations of that technology for individuals with
disabilities;
(3) Facilitate the transfer of general technology to uses and
adaptations appropriate for individuals with disabilities; or
(4) Facilitate effective and efficient transfer of available
technology to consumers.
(c) Income-contingent direct loan demonstration projects.
Demonstration projects to examine the feasibility of an
income-contingent direct loan program that would provide loans to --
(1) Individuals with disabilities who require technology-related
assistance to maintain or enhance their level of functioning in any
major life activity; or
(2) Families or employers of individuals with disabilities, on behalf
of those individuals, to provide technology-related assistance to
maintain or enhance their level of functioning in any major life
activity.
(Authority: 29 U.S.C. 2211 and 2261).
34 CFR 346.11 What are the priorities under this program?
Each year the Secretary may establish priorities to support
innovation or demonstration projects, including projects in one or more
of the following areas:
(a) Model projects for delivering assistive technology devices and
services. Priorities for model delivery projects include --
(1) Improved methods for the delivery of technology-related
assistance in rural areas;
(2) Improved methods for the delivery of technology-related
assistance for disabilities of low-prevalence or for individuals with
the most severe disabilities;
(3) Demonstrations of the use of peers with disabilities as agents of
service delivery or of consumer-operated service delivery models;
(4) Models to improve technology-related assistance for individuals
in transition between various life settings or activities;
(5) Innovative models for financing technology-related assistance;
(6) Models to provide technology-related assistance for employment;
(7) Improved methods to provide technology-related assistance for
infants, toddlers, and preschool children;
(8) Methods to enhance the provision of technology-related assistance
for school-age children in educational and other settings;
(9) Improved models to provide technology-related assistance for
older persons with disabilities;
(10) Improved models for providing technology-related assistance to
previously underserved populations, including those from different
racial or ethnic backgrounds and those with limited English proficiency;
(11) Improved models for the delivery of technology-related
assistance to aid in the deinstitutionalization or increased
independence of individuals with disabilities who reside in
institutions;
(12) Model programs to increase awareness of the availability and
effectiveness of technology for individuals with disabilities;
(13) Model programs to train individuals with disabilities and their
families or representatives to access technology-related assistance
through existing service programs;
(14) Innovative mechanisms for providing assistive devices or
services that are needed for short durations;
(15) Demonstrations of the innovative use of mobile service delivery
systems;
(16) Innovative models for recycling assistive devices;
(17) Evaluations of the impact of technology-related assistance on
the performance of major life functions in individuals with
disabilities;
(18) Cost-benefit studies of the use of technology-related devices
and services by individuals with disabilities;
(19) Models for the delivery of technology-related assistance for
individuals with mental illness;
(20) Models for the use of technology-related assistance in supported
employment programs;
(21) Model projects using technology to facilitate access by
individuals with disabilities to direct support services;
(22) Model projects to provide technology-related devices and
services soon after the onset of disability;
(23) Innovative models to overcome transportation barriers to the
delivery of technology-related assistance; or
(24) Demonstrations of the relative merits of various mechanisms for
loans of equipment, including management by consumer-directed
organizations, short-term loans, shared use of equipment needed for
special activities, recycling of devices, and other innovative equipment
loan programs.
(b) Research and development projects. Priorities for research and
development projects include --
(1) The development of orphan technology;
(2) The evaluation of new devices and equipment;
(3) The adaptation of technology developed for the population without
disabilities to meet the specialized needs of individuals with
disabilities;
(4) The development of devices that incorporate new scientific or
technological knowledge or materials;
(5) The development of improved access to computer hardware or
software;
(6) The development of devices to facilitate communication;
(7) The development of devices to improve learning or cognition;
(8) The development of devices to improve control of the environment;
(9) The development of devices to improve mobility;
(10) The development of improved prosthetic or orthotic devices;
(11) The development of devices to improve hearing;
(12) The development of devices to improve vision;
(13) The development of devices to assist in toileting and self-care;
(14) The development of adaptations to housing, public buildings, or
work-sites;
(15) The transfer of needed assistive technology from developmental
to production stages;
(16) The development of devices to assist in the provision of direct
support services to individuals with disabilities;
(17) The development of devices to improve communications for
individuals with hearing impairment;
(18) The development of devices to improve communication for
individuals with vision impairment; or
(19) The development of devices to enhance transportation for
individuals with disabilities.
(c) Income-contingent direct loan demonstration projects. Priorities
for income-contingent direct loan demonstration projects include --
(1) The involvement of financial institutions or other private
entities in the provision of monetary loans with public guarantees;
(2) The feasibility of attracting private capital to establish loan
funds;
(3) The viability of loans made for the lease or purchase of
technology-related assistance for work-related purposes;
(4) The viability of loans made for adults, children, or elderly
individuals with disabilities;
(5) The effectiveness of loans to employers for technology-related
devices or services to promote the employment of individuals with
disabilities;
(6) Methods to determine appropriate income eligibility guidelines;
(7) Methods to determine appropriate repayment schedules and
mechanisms;
(8) Methods of estimating costs for the operation of loan programs of
various types;
(9) Projects to test the effectiveness and viability of loans for
various types of devices;
(10) Methods to determine feasible interest rates for loan programs;
(11) Methods to assess individuals with disabilities or their
families or representatives as candidates for loans;
(12) Strategies to administer loans for the repair and maintenance of
devices;
(13) Strategies to administer loans for obtaining technology-related
services rather than equipment; or
(14) Models for the provision of loan insurance for other lenders.
(Authority: 29 U.S.C. 2261)
34 CFR 346.11 Subpart C -- (Reserved)
34 CFR 346.11 Subpart D -- How Does the Secretary Make a Grant Under This Program?
34 CFR 346.30 How does the Secretary evaluate applications under this
program?
(a) The Secretary evaluates each application --
(1) For a model project for delivering assistive technology devices
and services according to the criteria in 346.31;
(2) For a research and development project according to the criteria
in 346.32; and
(3) For an income-contingent direct loan demonstration project
according to the criteria in 346.33(b).
(b) The Secretary awards each application a value of zero to five
(0-5) for each criterion listed in 346.31, 346.32, or 346.33,
respectively. These values are based on how well the application
addresses each criterion, as follows: Outstanding (5); Superior (4);
Satisfactory (3); Marginal (2); Poor (1); or not addressed in the
application (0).
(c) The Secretary weights each criterion as indicated in 346.31,
346.32, and 346.33, respectively. The value awarded to each criterion in
an application is multiplied by the standard weight accorded to that
criterion in 346.32, 346.33, or 346.34, as appropriate.
(d) The final score for each application is determined by totaling
the scores computed for each criterion.
(e) The maximum score for each application is 100 points.
(Authority: 29 U.S.C. 2261)
34 CFR 346.31 What selection criteria are used to evaluate applications
for model delivery projects for technology-related devices or services
under this program?
The Secretary reviews each application for a model delivery project
award to determine the following:
(a) Importance and Innovativeness (Weight: 4; Total Points: 20)
(1) The proposed activity addresses a significant need in the
provision of technology-related assistance to individuals with
disabilities;
(2) The proposed activity addresses problems not now being addressed
or addresses problems in a new and different way;
(3) The proposed activity effectively responds to one or more of the
announced priorities of the program, if any; and
(4) The model, if successful, is likely to be applicable to, and
replicated in, other settings involving the provision of assistive
technology devices or services to individuals with disabilities.
(b) Goals and objectives (Weight: 3; Total Points: 15) The
proposed project includes goals and objectives that --
(1) Address the problem or need identified under 346.31(a)(1); and
(2) Are clearly measurable, with both milestones of progress and
indicators of success.
(c) Plan of activities (Weight: 4; Total Points: 20) The project
includes a plan of activities that --
(1) Indicates a likelihood that the proposed activities will
accomplish the goals and objectives under 345.31(b)(2);
(2) Is based on a sound conceptual model or reasonable hypotheses;
(3) Uses appropriate sample populations;
(4) Will use appropriate methodology for measurement and the analysis
of data; and
(5) Reasonably provides for the dissemination of findings and the
documentation of the model for replication purposes.
(d) Management plan (Weight: 2; Total Points: 10) The project
includes a plan for management of the activities that --
(1) Includes an adequate number of staff qualified by training and
experience to implement the activities under the grant;
(2) Appropriately manages and accounts for the fiscal resources of
the grant;
(3) Details internal procedures for the management of the resources
under the grant, including specification of responsibilities and
administrative authority and provisions for internal monitoring of
progress;
(4) Includes realisitc timelines for the implementation of project
activities so as to ensure accomplishment of proposed goals and
objectives within the time period proposed in the application; and
(5) Allots sufficient and appropriate resources from the grant or
other sources for the accomplishment of the proposed project activities.
(e) Inclusion of individuals with disabilities and their families or
representatives (Weight: 4; Total Points: 20) The project includes
substantive roles for individuals with disabilities or their families or
representatives in --
(1) The development of the project, including the assessment of
problems and needs;
(2) The establishment of goals and objectives for the project;
(3) The planning and implementation of the functions and activities
to be carried out under the project grant;
(4) The evaluation of activities under the grant and the assessment
of the demonstration model; and
(5) The dissemination of project findings and of replicable models.
(f) Evaluation plan (Weight: 3; Total Points: 15) The project
includes a plan for evaluating the extent to which the demonstration
project has achieved its goals and objectives that --
(1) Specifies adequate indicators of accomplishment for each of the
goals and objectives;
(2) Specifies appropriate measures to be used and the data elements
needed for these measurs;
(3) Specifies appropriate and feasible data sources and the data
collection methods;
(4) Specifies appropriate methods of data analysis that are likely to
yield objective and meaningful evaluation results; and
(5) Allocates sufficient resources, including personnel, funds, and
administrative priority, to the evaluation.
(Approved by the Office of Management and Budget under control number
1820-0572).
(Authority: 29 U.S.C. 2211-2271)
34 CFR 346.32 What selection criteria are used to evaluate applications
for research and development projects under this program?
The Secretary reviews each application for a research and development
award to determine the degree to which the project demonstrates the
following:
(a) Need and Innovativeness (Weight: 4; Total Points: 20)
(1) The proposed device or procedure addresses a problem that will
facilitate one or more life functions or enhance the quality of life for
individuals with disabilities;
(2) The proposed device or technique meets needs not currently met by
existing devices or techniques, applies new technologies in the
development of devices or procedures, adapts technology designed for use
by individuals without disabilities for use by persons with
disabilities, or develops devices or procedures that are more effective,
more acceptable to consumers, or more accessible to consumers than those
currently available;
(3) The proposed project effectively responds to one or more of the
announced program priorities, if any; and
(4) The proposed project is likely to result in new, improved, and
useful devices or techniques becoming available to individuals with
disabilities.
(b) Plan of activities (Weight: 5; Total Points: 25) The project
includes a plan of activities that --
(1) Provides for an appropriate review of the literature and
indicates a familarity with the state-of-the-art in technology;
(2) Is based on a sound conceptual model;
(3) Will use the most effective and appropriate technologies
available in developing the new device or technique;
(4) Sets forth appropriate and measurable goals and objectives;
(5) Presents an appropriate plan for the testing and evaluation of
the device or procedure;
(6) Ensures that devices or techniques will be developed and tested
in appropriate environments;
(7) Extensively involves individuals with disabilities in the
evaluation of devices and procedures;
(8) Adequately considers the cost-effectiveness of the device or
technique to be developed in comparison to commercially available
devices or techniques for the same purpose;
(9) Appropriately assesses the safety of the device or technique for
individuals with disabilities or other consumers; and
(10) Indicates, with appropriate analysis and support, the potential
for production and distribution of the device or procedure through
either commercial or other mechanisms.
(c) Management Plan (Weight: 4; Total Points: 20) The project
includes a plan for management of the activities that --
(1) Includes an adequate number of staff qualified by training and
experience to implement the proposed activities;
(2) Appropriately manages and accounts for the fiscal resources of
the project;
(3) Details internal procedures for managing the resources under the
grant, including specification of responsibilities and administrative
authority, and provisions for internal monitoring of progress;
(4) Includes realistic timelines for the implementation of project
activities so as to ensure accomplishment of proposed goals and
objectives within the time period proposed in the application; and
(5) Allots sufficient and appropriate resources from the grant or
other sources for the accomplishment of the proposed project activities.
(d) Involvement of individuals with disabilities (Weight: 4; Total
Points: 20) The project includes substantive roles for individuals with
disabilities or their families or representatives in --
(1) The identification of the need for the project;
(2) Project planning;
(3) The conduct of product activities and management of the project;
(4) The evaluation of the project's accomplishments; and
(5) Dissemination of project findings.
(e) Evaluation plan (Weight: 3; Total Points: 15) The project
includes a plan for evaluating the extent to which the project has
achieved its goal and objectives that --
(1) Specifies appropriate indicators of accomplishment for each of
the goals and objectives;
(2) Specifies appropriate measures to be used and the data elements
needed for these measures;
(3) Specifies sources of data and feasible data collection methods to
be used for each measure;
(4) Specifies appropriate methods of data analysis that are likely to
yield objective and meaningful evaluation results; and
(5) Allocates sufficient resources, including personnel, funds, and
administrative priority, to the evaluation.
(Approved by Office of Management and Budget under control number
1820-0572)
(Authority: 29 U.S.C. 2211-2271)
34 CFR 346.33 What selection criteria are used to evaluate applications
for income-contingent direct loan demonstration projects under this
program?
(a) The Secretary reviews each application to determine that the
project includes the required elements of --
(1) A method to determine an appropriate process for selecting
individual loan recipients;
(2) A method to determine an interest rate, or rates, to be used in
the project;
(3) A method to determine an appropriate repayment schedule;
(4) A provision for the use of interest earned on loans and on the
loan fund that is consistent with the purposes of this program; and
(5) A provision for the use of grant funds, consistent with the
provisions of this program, at the conclusion of the grant period.
(b) The Secretary reviews each application that includes all of the
elements in paragraph (a) of this section to determine the degree to
which --
(1) Need and Innovativeness (Weight: 4; Total Points: 20) The
project --
(i) Is responsible to a documented need within a particular target
population that is described in the application;
(ii) Demonstrates either a new approach to providing loans for
technology-related assistance to individuals with disabilities or
reaches a population of individuals with disabilities not previously
served;
(iii) Effectively responds to one of the announced priorities of the
program, if any; and
(iv) Is capable of being replicated and is applicable to meeting
important needs in other settings.
(2) Plan of activities (Weight: 5; Total Points: 25) The project
includes an appropriate plan of activities that --
(i) Sets forth measurable goals and objectives based on sound
assumptions about the operation of loan programs;
(ii) Includes an appropriate methodology for determining program
eligibility that includes an income contingency;
(iii) Includes an appropriate methodology for determining individual
loan amounts, considering the individual's need and income, as well as
the program's total resources;
(iv) Includes an appropriate repayment schedule, or process for
determining a repayment schedule, that includes income as a factor in
the repayment schedule;
(v) Includes an appropriate process for selecting specific
individuals, families, or employers to be loan recipients;
(vi) Includes an appropriate method for determining the interest
rate, or rates, to be used in the project;
(vii) Provides an appropriate method for ensuring that loan funds are
not used for obtaining devices or services that can be obtained with
funding from public programs or private insurance unless there are
adequate provisions to obtain reimbursement from those sources within a
reasonable period of time;
(viii) Provides an appropriate method for verifying the suitability
of the device or service to be obtained with the loan funds, the
reasonableness of the cost of the device or service, and the
availability of appropriate warranties and technical support for the
product;
(ix) Includes an appropriate method of publicizing the loan program
to the target population;
(x) Includes appropriate procedures for collecting amounts due from
third-party payers and from borrowers;
(xi) Provides procedures to verify that loans are used for the
intended purposes;
(xii) Provides a procedure for maintaining documentation of all
significant project activities;
(xiii) Provides a method for the collection of relevant data in order
to evaluate the success of the model, including information about
applicants, borrowers, types of devices and services obtained, financial
data, repayment data, and the impact of the loan program on the lives of
individuals with disabilities; and
(xiv) Provides an appropriate methodology to assess the extent to
which the model is replicable.
(3) Management plan (Weight: 5; Total Points: 25) The project
includes a plan for the management of project activities that --
(i) Includes an adequate number of staff qualified by training and
experience necessary to implement the activities under the project
grant;
(ii) Appropriately manages and accounts for the fiscal resources of
the project;
(iii) Provides evidence of the fiscal responsibility of the applicant
organization and its designated fund managers;
(iv) Provides for appropriate monitoring of the use of project
resources and financial audits of the project;
(v) Details internal procedures for the management of the resources
under the grant, including the specification of responsibilities and
administrative authority and provisions for internal monitoring of
progress;
(vi) Includes realistic timelines for the implementation of project
activities so as to ensure accomplishment of proposed goals and
objectives within the time period proposed in the application;
(vii) Allots sufficient and appropriate resources from the grant or
other sources for the accomplishment of the proposed project activities;
(viii) Provides for the appropriate use of interest earned on loans
and on the loan fund; and
(ix) Provides for the appropriate use of grant funds at the
conclusion of the grant period.
(4) Involvement of individuals with disabilities (Weight 3; Total
Points: 15) The project includes substantive roles for individuals with
disabilities or their families or representatives in --
(i) The identification and assessment of the needs of the target
population;
(ii) The design of the loan program;
(iii) The conduct of project activities and the management of the
project;
(iv) The evaluation of project accomplishments; and
(v) The dissemination of project results.
(5) Evaluation plan (Weight: 3; Total Points: 15) The project
includes an effective plan for evaluating the progress made toward
accomplishment of the goals and objectives of the project that --
(i) Specifies adequate indicators of accomplishment for each of the
goals and objectives;
(ii) Specifies appropriate measures to be used and the data elements
needed for these measures that will result in an adequate evaluation;
(iii) Specifies appropriate sources of data and feasible and
appropriate data collection methods to be used for each measure;
(iv) Specifies appropriate methods of data analysis that are likely
to yield objective and meaningful evaluation results; and
(v) Allocates sufficient resources, including personnel, funds, and
administrative priority, to the evaluation. (Approved by the Office of
Management and Budget under control number 1820-0572).
(Authority: 29 U.S.C. 2211-2271)
34 CFR 346.33 Subpart E -- What are the Additional Requirements that Apply to a Grantee?
34 CFR 346.40 What are the requirements that apply to a grantee for
coordination and information sharing?
The Secretary may require each grantee under this program to provide
information, including data about program activities and results, to --
(a) Grantees under the State Grants for Technology-Related Assistance
for Individuals with Disabilities program;
(b) The entity providing technical assistance to the State grants
program as prescribed in section 106(b)(1) of the Act;
(c) Agencies designated by Governors to make applications under the
State grants program;
(d) Entities conducting evaluations of this program for the
Secretary;
(e) The Secretary directly; and
(f) Any other entity designated by the Secretary.
(Approved by Office of Management and Budget and under control number
1820-0572)
(Authority: 29 U.S.C. 2211-2271)
34 CFR 346.41 What is the requirement for cost-sharing under this
program?
(a) For model delivery projects and research and development
projects, the Secretary may require cost-sharing by announcing in the
application notice for the program that cost-sharing will be required.
(b) For direct loan demonstration projects, the Secretary may require
that the grantee's share of the cost be at least ten percent of the cost
of the project by announcing that requirement in the application notice
in the Federal Register.
(Authority: 29 U.S.C. 2261(3)(a) and (b))
34 CFR 346.41 PART 347 -- TRAINING AND PUBLIC AWARENESS PROJECTS OF NATIONAL SIGNIFICANCE IN TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES
34 CFR 346.41 Subpart A -- General
Sec.
347.1 What is the training and public awareness projects program?
347.2 What are the purposes of the training and public awareness
projects program?
347.3 Who is eligible for assistance under this program?
347.4 What regulations apply to this program?
347.5 What definitions apply to this program?
34 CFR 346.41 Subpart B -- What Kinds of Activities Does the Department
Support Under This Program?
347.10 What types of projects may be supported under this program?
347.11 What are the priorities under the technology training program?
347.12 What are the priorities under the technology careers program?
347.13 What are the priorities under the public awareness program?
34 CFR 346.41 Subpart C -- (Reserved)
34 CFR 346.41 Subpart D -- How Does the Secretary Make a Grant?
347.30 How does the Secretary evaluate applications under this
program?
347.31 What selection criteria are used to evaluate applications for
technology training projects under this program?
347.32 What selection criteria are used to evaluate applications for
technology career development projects under this program?
347.33 What selection criteria are used to evaluate applications for
public awareness projects under this program?
34 CFR 346.41 Subpart E -- What Conditions Must Be Met After an Award?
347.40 What are the requirements of a grantee for coordination and
information sharing?
347.41 What are the reporting requirements for a grantee?
Authority: 29 U.S.C. 2201-2271, unless otherwise noted.
Source: 56 FR 40195, Aug. 13, 1991, unless otherwise noted.
34 CFR 346.41 Subpart A -- General
34 CFR 347.1 What is the training and public awareness projects
program?
(a) The technology training program provides awards to nonprofit or
for-profit entities to develop, demonstrate, disseminate, and evaluate
curricula, materials, and methods used to train individuals with
disabilities, their family members or representatives, employers,
insurers, and persons providing services to or otherwise having contact
with persons with disabilities, regarding the provision of
technology-related assistance. This program also supports the conduct
of training sessions related to technology-related assistance for these
entities.
(b) The technology careers program provides support to institutions
of higher education to prepare personnel for careers relating to the
provision of technology-related assistance to individuals with
disabilities.
(c) The public awareness program provides awards to for-profit and
nonprofit entities, to carry out national projects that recognize and
build awareness of the importance and efficacy of assistive technology
devices and assistive technology services for individuals of all ages
with disabilities functioning in various settings in daily life.
(Authority: 29 U.S.C. 2251 and 2252)
34 CFR 347.2 What are the purposes of the training and public awareness
projects program?
(a) The purposes of technology training projects are to develop and
test curricula, materials, and techniques, and to conduct projects to
train individuals with disabilities, their family members or
representatives, employers, insurers, and persons providing services to
or otherwise having contact with persons with disabilities, on the uses
and benefits of technology-related assistance.
(b) The purpose of technology careers projects is to prepare
individuals for careers relating to the provision of technology-related
assistance to individuals with disabilities through undergraduate and
graduate level education, continuing education, and in-service training.
(c) The purpose of public awareness projects is to build awareness of
the importance and efficacy of assistive technology devices and services
for individuals of all ages with disabilities functioning in various
settings of daily life.
(Authority: 29 U.S.C. 2251-2252)
34 CFR 347.3 Who is eligible for assistance under this program?
(a) Nonprofit and for-profit entities are eligible to receive awards
under the technology training program. Public agencies are not eligible
to receive awards under the technology training program.
(b) Institutions of higher education are eligible to receive awards
under the technology careers program.
(c) Nonprofit and for-profit entities are eligible to receive awards
under the public awareness projects program. Public agencies are not
eligible to receive awards under the public awareness projects program.
(Authority: 29 U.S.C. 2251 and 2252)
34 CFR 347.4 What regulations apply to this program?
The following regulations apply to the Training and Public Awareness
Projects program:
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations), part 75
(Direct Grant Programs), part 77 (Definitions that Apply to Department
Regulations), part 81 (General Education Provisions Act -- Enforcement),
part 82 (New Restrictions on Lobbying), part 85 (Governmentwide
Debarment and Suspension (Nonprocurement) and Governmentwide
Requirements for a Drug-Free Workplace (Grants)), and part 86 (Drug-Free
Schools and Campuses).
(b) The regulations in this part 347.
(Authority: 29 U.S.C. 2201-2253)
34 CFR 347.5 What definitions apply to this program?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
Department
EDGAR
Fiscal year
Grant
Grant period
Nonprofit
Nonpublic
Private
Project
Project Period
Public
(b) Definitions in the Technology-Related Assistance for Individuals
with Disabilities Act of 1988. The following terms used in this part
are defined in section 3 of the Act.
Assistive technology device
Assistive technology service
Individual with disabilities
Institution of higher education
Secretary
Technology-related assistance
Underserved group
(c) Other Definitions. As used in this part, Act means the
Technology-Related Assistance for Individuals with Disabilities Act of
1988 (Pub. L. 100-407).
(Authority: 29 U.S.C. 2201-2271)
34 CFR 347.5 Subpart B -- What Kinds of Activities Does the Department Support Under This Program?
34 CFR 347.10 What types of projects may be supported under this
program?
Under this program, the Secretary awards funds to support the
following types of projects:
(a) Technology training projects that may include --
(1) Development, demonstration, delivery, evaluation, or
dissemination of training modules on the use of technology-related
assistance for consumer organizations, individuals with disabilities or
their families or representatives, and advocates;
(2) In-service training for individuals who provide services to or
representation for individuals with disabilities, including in-service
training for health care workers, teachers, rehabilitation engineers,
and other rehabilitation workers;
(3) Training for policymakers and administrators in public and
private agencies that have contact with or impact on individuals with
disabilities; and
(4) Training regarding the provision of technology-related assistance
for employers, manufacturers, and insurers, including training related
to product use, financing, and marketing.
(b) Technology career development projects that may include
undergraduate and graduate level instructional courses, curriculum
development, traineeships, or fellowships and other educational stipends
or allowances to prepare personnel for careers relating to the provision
of technology-related assistance to individuals with disabilities,
especially projects that will train individuals who will provide
technical assistance, administer programs, or prepare personnel
necessary to support the development and implementation of
consumer-responsive, statewide programs of technology-related assistance
for individuals with disabilities.
(c) Public awareness projects of a national scope that use: general
or specialized media to disseminate information on the benefits and
availability of technology-related assistance; techniques to prepare
and disseminate analyses of the efficacy of technology-related
assistance; national or regional conferences to promote knowledge and
interest in technology-related assistance; and award and recognition
programs to promote public credit for sustained outstanding effort in
the development and use of technology-related assistance.
(Authority: 29 U.S.C. 2251-2253)
34 CFR 347.11 What are the priorities under the technology training
program?
(a) Each year the Secretary may establish priorities to support
training for individuals with disabilities, their families or
representatives, service providers, and other relevant parties,
including projects in one or more of the following areas:
(1) Development and implementation of training programs for the
purpose of informing consumers and their families about assistive
technology services and devices, including training in self-advocacy,
funding sources, and policy development.
(2) Development and dissemination of instructional materials for
consumers and their families, including self-instruction and multimedia
materials, on a range of available technologies and technology
information resources, using a variety of accessible formats.
(3) Development and evaluation of training programs that include use
of telecommunications, TDD, computer conferences, and other available
technologies to instruct consumers and their families about assistive
technology.
(4) Development, testing, and dissemination of models for consumers
to evaluate different approaches to assistive technology training,
including consumer training.
(5) Development, evaluation, and dissemination of models using
consumers and their families to train other consumers and their families
about the availability and utility of assistive technology.
(6) Development and implementation of approaches to involve
manufacturers of assistive technology in improved training of consumers
and their families in the use of assistive technology.
(7) Development and implementation of methods for training consumers
in rural areas in the use of assistive technology.
(8) Conduct of in-service training for rehabilitation counselors in
the provision of assistive technology.
(9) Development, evaluation, implementation, and dissemination of
training for representatives of business, industry, and employers on the
availability and value of assistive technology for persons with
disabilities in employment and in work settings.
(10) Development and implementation of training programs for private
insurers and other third party payment representatives on the
availability and benefits of assistive technology.
(11) Development, evaluation, implementation, and dissemination of
in-service training programs on assistive technology for persons with
disabilities for physical therapists.
(12) Development, evaluation, implementation, and dissemination of
in-service training programs on assistive technology for persons with
disabilities for speech-language pathologists.
(13) Development, evaluation, implementation, and dissemination of
in-service training programs on assistive technology for persons with
disabilities for occupational therapists.
(14) Development, evaluation, implementation, and dissemination of
in-service training programs on assistive technology and application of
technology for persons with disabilities for rehabilitation engineers
and other engineers who have contact with persons with disabilities in
the provision of assistive technology.
(15) Development, evaluation, implementation, and dissemination of
in-service training programs on assistive technology for individuals
with disabilities for special education professionals.
(16) Development, evaluation, implementation, and dissemination of
in-service training programs on assistive technology for individuals
with disabilities for therapeutic recreation specialists and other
recreation professionals.
(17) Development, evaluation, implementation, and dissemination of
models for training low-incidence disability groups on the uses and
benefits of assistive technology.
(18) Development, evaluation, implementation, and dissemination of
training programs for underserved populations, including economically
disadvantaged populations, in the uses of assistive technology.
(19) Development, evaluation, implementation, and dissemination of
training modules for older Americans with disabilities who can benefit
from assistive technology.
(20) Development, evaluation, implementation, and dissemination of
training programs on the use and adaption of commercially available,
mass-marketed technologies that have application for persons with
disabilities.
(21) Development, evaluation, implementation, and dissemination of
training programs about assistive technologies with special application
for employment specifically for persons with disabilities who are
preparing to enter the job market.
(b) The Secretary will announce the priorities, if any, in an
application notice in the Federal Register.
(Authority: 29 U.S.C. 2201-2271)
34 CFR 347.12 What are the priorities under the technology careers
program?
(a) Each year the Secretary may establish priorities to support
training for individuals with disabilities, their families or
representatives, service providers, and other relevant parties, with
special emphasis on training individuals who will administer programs,
provide technical assistance to, or prepare personnel necessary to
support the consumer-responsive, statewide programs of
technology-related assistance for individuals with disabilities,
including projects in one or more of the following areas:
(1) Development of curricula that will ensure competency in
rehabilitation technology for engineers.
(2) Development of curricula for speech-language pathologists to
ensure competency in the provision of assistive technology.
(3) Development of curricula for occupational therapists to ensure
competency in the provision of assistive technology.
(4) Development of curricula for career training programs for
physical therapists to ensure competency in the provision of assistive
technology.
(5) Development of curricula for special education professionals to
ensure competency in the provision of assistive technology.
(6) Development of curricula for therapeutic recreation specialists
and other recreation professionals to ensure competency in the provision
of assistive technology.
(7) Development of curricula to prepare personnel for assistive
technology careers, including careers in program administration.
(8) Development of training curricula that focus on funding, policy,
and advocacy of persons training to be involved in direct service
delivery.
(9) Implementation of curricula involving classroom instruction and
clinical experience in community-based and at-home settings for either
physical therapists, occupational therapists, nurses, physicians in
specialties relevant to disability, rehabilitation counselors,
speech-language-hearing pathologists, or rehabilitation engineers.
(10) Development and implementation of technology career training
programs for students from underserved population groups, including
minorities, who are preparing to become service delivery professionals.
(11) Conduct of training programs for individuals preparing to become
administrators of programs that provide technology-related assistance.
(12) Implementation of training programs for individuals who will
prepare personnel for work in programs that provide technology-related
assistance.
(13) Implementation of scholarships, fellowships, and traineeships
for undergraduate or graduate students preparing for careers in the
management or delivery of technology-related assistance to individuals
with disabilities.
(b) The Secretary will announce the priorities, if any, in an
application notice in the Federal Register.
(Authority: 29 U.S.C. 2201-2271)
34 CFR 347.13 What are the priorities under the public awareness
program?
(a) The Secretary may establish annual priorities for public
awareness projects, including projects in one or more of the following
areas:
(1) Development and implementation, with consumer involvement, of a
multimedia public awareness campaign using national media such as radio,
TV, newspapers, and other publications.
(2) Development and implementation of a model public awareness
campaign using specialized media, including minority media, to reach
previously underserved populations.
(3) Conduct of national or regional conferences that focus on public
awareness of the benefits of assistive technology and that include
manufacturers, industry representatives, and employers.
(4) Conduct of national or regional conferences for third party
payers and private insurance representatives that focus on awareness of
the benefits of assistive technology.
(5) Development and dissemination of useful marketing strategies to
increase public awareness of assistive technology.
(6) Development of a series of videotapes on assistive technology
designed to inform and change attitudes that could be used by medical
practitioners and other clinical service providers.
(7) Development and dissemination of a course for training service
providers and consumers to improve and foster public awareness.
(8) Development and dissemination of a public awareness campaign for
use by general service organizations, professional associations, and
other representational and information groups to increase public
awareness of techniques for the provision of assistive technology.
(b) The Secretary will announce the priorities, if any, in an
application notice in the Federal Register.
(Authority: 29 U.S.C. 2201-2271)
34 CFR 347.13 Subpart C -- (Reserved)
34 CFR 347.13 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 347.30 How does the Secretary evaluate applications under this
program?
(a) The Secretary evaluates each application --
(1) For a technology training project according to the selection
criteria in 347.31;
(2) For a technology careers project according to the criteria in
347.32;
(3) For a public awareness project according to the criteria in
347.33.
(b) The Secretary awards each application a value of zero to five
(0-5) for each of the criteria listed in 347.31, 347.32, and 347.33
respectively. These values are based on how well the application
addresses each criterion, as follows: Outstanding (5); Superior (4);
Satisfactory (3); Marginal (2); Poor (1); or not addressed in the
application (0). In this way, each criterion is judged according to a
uniform scale.
(c) Because the Secretary considers certain criteria to be more
important than others, the Secretary has weighted each criterion as
indicated in 347.31, 347.32, and 347.33 respectively. The value
awarded to each criterion in an application is multiplied by the
standard weight accorded to that criterion in 347.31, 347.32, or
347.33 as appropriate.
(d) The final score for each application is determined by totaling
the scores computed for each criterion.
(e) The maximum score for each application is 100 points.
(Authority: 29 U.S.C. 2251)
34 CFR 347.31 What selection criteria are used to evaluate applications
for technology training projects under this program?
The Secretary reviews each application for a model technology
training project award to determine the degree to which --
(a) Importance and significance of proposed activity (Weight: 3;
Total Points; 15)
(1) The project responds adequately to all of the requirements of the
announced priority, if any;
(2) The proposed activity addresses a significant need in the
provision of technology-related training, and the development,
dissemination, and evaluation of curricula, materials, and methods used
to train individuals with disabilities, their families, and the
professionals who work with persons with disabilities;
(3) The proposed project is likely to result in new, improved, and
useful techniques for training individuals about assistive technology
services, devices, and information resources;
(b) Plan of activities (Weight: 4; Total Points: 20)
(1) Indicates a likelihood that the proposed activities will
accomplish the goals and objectives of the project;
(2) Is based on a sound conceptual and instructional model;
(3) Uses appropriate materials and populations;
(4) Provides appropriate review of literature and related activities
and indicates a familiarity with state-of-the-art in assistive
technology services, devices, and information; and
(5) Uses appropriate methodology for measurement and analysis of the
effectiveness of the training program;
(c) Inclusion of individuals with disabilities and their families or
representatives (Weight: 4; Total Points: 20)
(1) In the development of the project, including the assessment of
problems and needs;
(2) In the establishment of goals and objectives for the project;
(3) In the planning and implementation of the functions and
activities to be carried out under the project grant;
(4) In the evaluation of activities under the grant and the
assessment of the training program; and
(5) In the dissemination of training models and curricula;
(d) Management plan (Weight: 4; Total Points: 20)
(1) Includes an adequate number of staff qualified by training and
experience to implement the proposed activities;
(2) Appropriately manages and accounts for the fiscal resources of
the project;
(3) Details internal procedures for the management of the resources
under the grant, including specification of responsibilities and
administrative authority, and provisions for internal monitoring of
progress;
(4) Includes realistic timelines for the implementation of project
activities so as to ensure accomplishment of proposed goals and
objectives within the time period proposed in the application;
(5) Allots sufficient and appropriate resources from the grant or
other sources for the accomplishment of the proposed project activities;
and
(6) Details resources, experience, and capabilities of the
institution or organization to accomplish the goals and objectives
proposed in the application;
(e) Dissemination plan (Weight: 2; Total Points: 10)
(1) Provides for the dissemination of findings and the documentation
of the project for replication purposes;
(2) Provides indications that the model curricula, training programs,
and informational materials, if successful, are likely to be replicable
in other settings involving training in the use of technology-related
assistance;
(3) Indicates with appropriate analysis and support the potential for
program expansion, enhancement, and replication of any special
strategies or materials developed; and
(4) Provides mechanisms to assure the likely adoption and use of the
curricula;
(f) Evaluation plan (Weight: 3; Total Points: 15)
(1) Specifies adequate indicators of accomplishment for each of the
goals and objectives;
(2) Specifies appropriate measures to be used and the data elements
needed for these measures;
(3) Specifies appropriate and feasible data sources and data
collection methods;
(4) Specifies appropriate methods of data analysis that are likely to
yield objective and meaningful evaluation results; and
(5) Allocates sufficient resources including personnel, funds, and
administrative priority, to the evaluation.
(Approved by the Office of Management and Budget under control number
1820-0585)
(Authority: 29 U.S.C. 2201-2271)
34 CFR 347.32 What selection criteria are used to evaluate applications
for technology career development projects under this program?
The Secretary reviews each application for a technology career
development project award to determine the degree to which --
(a) Importance and significance of proposed activities (Weight: 3,
Total Points: 15)
(1) The project responds adequately to all of the requirements of the
announced priority, if any;
(2) The applicant proposes to develop or provide career training in
an assistive-technology-related discipline or in an area of study in
which there is a shortage of qualified and trained personnel, or to
provide training to a trainee population in which there is a need for
more qualified personnel; and
(3) The proposed project is likely to result in new, improved and
useful programs for preparing personnel for careers relating to the
provision of technology-related assistance for persons with
disabilities;
(b) Plan of activities (Weight: 4; Total Points: 20)
(1) Indicates a likelihood that the proposed activities will
accomplish the goals and objectives of the project;
(2) Is based on a sound conceptual and instructional model;
(3) Uses appropriate materials and populations; and
(4) Provides appropriate review of literature and related activities
and indicates a familiarity with state-of-the-art in assistive
technology, services, information, and related studies.
(c) Inclusion of individuals with disabilities and their families or
representatives (Weight: 4; Total Points: 20)
(1) In the development of the project, including the assessment of
problems and needs;
(2) In the establishment of goals and objectives for the project;
(3) In the planning and implementation of the functions and
activities to be carried out under the project grant;
(4) In the evaluation of activities under the grant and the
assessment of the demonstration model; and
(5) In the dissemination of project findings and of replicable
models;
(d) Management plan (Weight: 4; Total Points: 20)
(1) Includes an adequate number of staff qualified by training and
experience to implement the proposed activities.
(2) Appropriately manages and accounts for the fiscal resources of
the project;
(3) Details internal procedures for the management of the resources
under the grant, including specification of responsibilities and
administrative authority, and provisions for internal monitoring of
progress;
(4) Includes realistic timelines for the implementation of project
activities so as to ensure accomplishment of proposed goals and
objectives within the time period proposed in the application;
(5) Allots sufficient and appropriate resources from the grant or
other sources for the accomplishment of the proposed project activities;
and
(6) Details resources experience, and capabilities of the institution
to accomplish the goals and objectives proposed in the application;
(e) Dissemination plan (Weight: 2; Total Points: 10)
(1) Provides for the dissemination of findings and the documentation
of the project for replication purposes;
(2) Provides indications that the model, if successful, is likely to
be replicable in other settings involving training for careers in the
provision of assistive technology services to persons with disabilities;
(3) Indicates with appropriate analysis and support the potential for
program expansion, enhancement, and replication of any special
strategies or materials developed; and
(4) Provides mechanisms to assure the likely adoption and use of the
curricula;
(f) Evaluation plan (Weight: 3; Total Points: 15)
(1) Specifies adequate indicators of accomplishment for each of the
goals and objectives;
(2) Specifies appropriate measures to be used and the data elements
needed for these measures;
(3) Specifies appropriate and feasible data sources and data
collection methods;
(4) Specifies appropriate methods of data analysis that are likely to
yield objective and meaningful evaluation results; and
(5) Allocates sufficient resources including personnel, funds, and
administrative priority, to the evaluation.
(Approved by the Office of Management and Budget under control number
1820-0585)
(Authority: 29 U.S.C. 2201-2271)
34 CFR 347.33 What selection criteria are used to evaluate applications
for public awareness projects under this program?
The Secretary reviews each application for a public awareness project
award to determine the degree to which --
(a) Importance and significance of proposed activities (Weight: 3;
Total Points: 15)
(1) The project responds adequately to all of the requirements of the
announced priority, if any;
(2) The proposed activity addresses a significant problem not now
being addressed or addresses problems in a new and different way;
(3) The applicant proposes to carry out projects that recognize and
build awareness of the importance and efficacy of assistive technology
devices and assistive technology services for individuals with
disabilities; and
(4) The proposed project is likely to result in new, improved, and
useful programs for informing individuals about assistive technology.
(b) Plan of activities (Weight: 4; Total Points: 20)
(1) Indicates a likelihood that the proposed activities will
accomplish the goals and objectives of the project;
(2) Uses appropriate media and materials and addresses appropriate
target populations;
(3) Demonstrates a thorough knowledge of the statute and of the
literature and related activities, and indicates a familiarity with
state-of-the-art in consumer needs, assistive technology services,
information, and related activities;
(4) Demonstrates familiarity with needs assessment research as it
relates to public awareness about assistive technology services,
devices, and information; and
(5) Indicates an awareness of and familiarity with various general
and specialized media necessary to achieve the project's public
awareness objectives;
(c) Inclusion of individuals with disabilities and their families or
representatives (Weight: 4; total Points: 20)
(1) In the development of the project, including the assessment of
problems and needs;
(2) In the establishment of goals and objectives for the project;
(3) In the planning and implementation of the functions and
activities to be carried out under the project grant;
(4) In the evaluation of activities under the grant and the
assessment of the demonstration model; and
(5) In the dissemination of project findings and of replicable
models;
(d) Management Plan (Weight: 4; Total Points: 20)
(1) Includes an adequate number of staff qualified by training and
experience to implement the proposed activities;
(2) Appropriately manages and accounts for the fiscal resources of
the project;
(3) Details internal procedures for the management of the resources
under the grant, including specification of responsibilities and
administrative authority, and provisions for internal monitoring of
progress;
(4) Includes realistic timelines for the implementation of project
activities so as to ensure accomplishment of proposed goals and
objectives within the time period proposed in the application;
(5) Allots sufficient and appropriate resources from the grant or
other sources for the accomplishment of the proposed project activities;
and
(6) Details resources experience, and capabilities of the institution
or organization to accomplish the goals and objectives proposed in the
application;
(e) Dissemination plan (Weight: 2; Total Points: 10)
(1) Provides for the dissemination of findings and the documentation
of the project for replication purposes;
(2) Provides indications that the model, if successful, is likely to
be replicable or adaptable in other settings involving the provision of
assistive technology services to persons with disabilities;
(3) Indicates, with appropriate analysis and support, the potential
for program expansion, enhancement and replication of any special
strategies or materials developed; and
(4) Provides mechanisms to assure the likely adoption and use of the
model;
(f) Evaluation plan (Weight 3; Total Points: 15)
(1) Specifies adequate indicators of accomplishment for each of the
goals and objectives;
(2) Specifies appropriate measures to be used and the data elements
needed for these measures;
(3) Specifies appropriate and feasible data sources and data
collection methods;
(4) Specifies appropriate methods of data analysis that are likely to
yield objective and meaningful evaluation results; and
(5) Allocates sufficient resources including personnel, funds, and
administrative priority, to the evaluation.
(Authority: 29 U.S.C. 2201-2271)
(Approved by the Office of Management and Budget under control number
1820-0585)
34 CFR 347.33 Subpart E -- What Conditions Must Be Met After an Award?
34 CFR 347.40 What are the requirements of a grantee for coordination
and information sharing?
(a) The Secretary may require each grantee under this program to
provide information, including data about program activities and
results, to --
(1) Grantees under the State Grants for Technology-Related Assistance
for Individuals with Disabilities Program;
(2) The entity providing technical assistance to the State Grants for
Technology-Related Assistance for Individuals with Disabilities program
as prescribed in section 106(b)(1) of the Act;
(3) Agencies designated by Governors to make application under the
State Grants for Technology-Related Assistance for Individuals with
Disabilities program;
(4) Entities conducting evaluations of the State Grants for
Technology-Related Assistance for Individuals with Disabilities program
for the Secretary;
(5) The Secretary; and
(6) Any other entity designated by the Secretary.
(b) Grantees receiving assistance under this program that are located
in States with State Grants for Technology-Related Assistance for
Individuals with Disabilities shall provide evidence of their efforts to
coordinate activities with those grantees.
(c) Grantees must share information on project activities and
findings with any technical assistance and information network
designated by the Secretary if such a network is established.
(Approved by the Office of Management and Budget under control number
1820-0585)
(Authority: 29 U.S.C. 2211-2271)
34 CFR 347.41 What are the reporting requirements for a grantee?
(a) Each grantee shall submit a copy of its final report to the
National Rehabilitation Information Center.
(b) Each grantee shall submit to the Department a copy of any
curriculum or training program that is developed or implemented, as well
as copies of any media materials, videotapes, audio-visual materials,
scripts, or other training and public awareness materials developed
under the grant.
(Approved by the Office of Management and Budget under control number
1820-0585)
(Authority: 29 U.S.C. 2211-2271)
34 CFR 347.41 PART 350 -- DISABILITY AND REHABILITATION RESEARCH: GENERAL PROVISIONS
34 CFR 347.41 Subpart A -- General
Sec.
350.1 Disability and rehabilitation research.
350.2 Who is eligible for assistance under these programs?
350.3 What regulations apply to these programs?
350.4 What definitions apply to these programs?
34 CFR 347.41 Subpart B -- (Reserved)
34 CFR 347.41 Subpart C -- How Does One Apply for a Grant?
350.20 What are the application procedures under these programs?
34 CFR 347.41 Subpart D -- How Does the Secretary Make a Grant?
350.30 What are the peer review process for these programs?
350.31 What is the purpose of peer review?
350.32 What is the composition of a peer review panel?
350.33 How does the Secretary evaluate an application?
350.34 What selection criteria does the Secretary use in reviewing
applications under parts 351, 354, 355, or 357?
350.35 What additional factors does the Secretary consider in
reviewing applications under any Institute program:
34 CFR 347.41 Subpart E -- What Conditions Apply to a Grantee?
350.40 What are the matching requirements?
Authority: 29 U.S.C. 760-762, unless otherwise noted.
Source: 46 FR 45305, Sept. 10, 1981, unless otherwise noted.
34 CFR 347.41 Subpart A -- General
34 CFR 350.1 Disability and rehabilitation research.
(a) The purposes of activities funded by the Institute are to:
(1) Support the conduct of research and demonstration projects,
centers, and related activities that address rehabilitation problems in
areas such as physical restoration, vocational rehabilitation,
independent living, and community integration for persons with
handicaps, including programs of rehabilitation for infants, toddlers,
children, and youth with handicaps and persons with handicaps aged sixty
or older (fifty-five or older in the case of American Indians), and
programs that train persons who provide rehabilitation services or
conduct research;
(2) Facilitate the distribution of information concerning
developments in rehabilitation procedures, methods, and devices;
(3) Improve the distribution of technological devices and equipment
for persons with handicaps; and
(4) Increase the scientific and technological information presently
available in the field of rehabilitation through the support of applied
research and basic research where related to rehabilitation techniques
or services;
(b) The Secretary awards financial assistance through ten types of
programs:
(1) Research and demonstration projects (34 CFR part 351).
(2) Research grants for establishment and operation of rehabilitation
research and training centers (34 CFR part 352).
(3) Research grants for establishment and operation of rehabilitation
engineering centers (34 CFR part 353).
(4) Research grants for establishment and operation of model training
centers (34 CFR part 354).
(5) Knowledge dissemination and research utilization projects (34 CFR
part 355).
(6) Research fellowships (34 CFR part 356).
(7) Field-initiated projects (34 CFR part 357).
(8) Innovation Grants projects (34 CFR part 358).
(9) Special Projects and Demonstrations for Spinal Cord Injuries (34
CFR part 359).
(10) Research Training and Career Development Projects (34 CFR part
360).
(Authority: Secs. 200, 202, and 204; 29 U.S.C. 760, 761a, and 762)
(46 FR 45305, Sept. 10, 1981, as amended at 50 FR 16673, Apr. 26,
1985; 52 FR 30060, Aug. 12, 1987; 53 FR 23351, June 21, 1988; 53 FR
24245, June 27, 1988)
34 CFR 350.2 Who is eligible for assistance under these programs?
The following agencies and organizations are eligible for grants or
contracts as appropriate under these programs, except for programs
described in 34 CFR parts 356, 359, and 360:
(a) State and public agencies or organizations;
(b) Private agencies or organizations;
(c) Institutions of higher education; and
(d) Indian tribes and tribal organizations.
(Authority: Sec. 204(a); 29 U.S.C. 762a)
(46 FR 45305, Sept. 10, 1981, as amended at 52 FR 30061, Aug. 12,
1987; 53 FR 23351, June 21, 1988)
34 CFR 350.3 What regulations apply to these programs?
The following regulations apply to grants under the Disability and
Rehabilitation Research Programs --
(a) The Education Department General Administrative Regulations
(EDGAR), established in title 34 of the Code of Federal Regulations in
--
(1) Part 74 (Administration of Grants);
(2) Part 75 (Direct Grant Programs), except as noted in 34 CFR
352.33, 352.40, and 358.3;
(3) Part 77 (Definitions that Apply to Department Programs); and
(4) Part 78 (Education Appeal Board);
(b) The regulations in this part, 34 CFR part 350;
(c) The regulations in 34 CFR part 351, 352, 353, 354, 355, 356, 357,
358, 359, or 360, as appropriate; and
(d)(1) The regulations in 34 CFR part 97, PROTECTION OF HUMAN
SUBJECTS, except 97.107(a).
(2) Each Institutional Review Board (IRB) established under part 97
must have at least five members, with varying backgrounds to promote
complete and adequate review of research activities commonly conducted
by the institution. The IRB must be sufficiently qualified through the
experience and expertise of its members, and the diversity of the
members, including consideration of race, gender, and cultural
backgrounds, and sensitivity to such issues as community attitudes, to
promote respect for its advice and counsel in safeguarding the rights
and welfare of human subjects. In addition to possessing the
professional competence necessary to review specific research
activities, the IRB must be able to ascertain the acceptability of
proposed research in terms of institutional commitments and regulations,
applicable law, and standards of professional conduct and practice. The
IRB must therefore include persons knowledgeable in these areas. When
an IRB reviews research that purposefully requires inclusion of
handicapped children or mentally disabled persons as research subjects,
the IRB must include at least one person primarily concerned with the
welfare of these research subjects. If an IRB regularly reviews another
vulnerable category of subjects, such an non-handicapped children,
prisoners, pregnant women, or handicapped adults, consideration must
also be given to the inclusion of one or more individuals who are
knowledgeable about the experience in working with these subjects.
(Authority: 20 U.S.C. 761a, 762, 42 U.S.C. 300v-1(b))
(46 FR 45305, Sept. 10, 1981, as amended at 50 FR 16673, Apr. 26,
1985; 52 FR 30061, Aug. 12, 1987; 53 FR 23351, June 21, 1988; 56 FR
28031, June 18, 1991)
34 CFR 350.4 What definitions apply to these programs?
(a) The following definitions in 34 CFR part 77 apply to the programs
under Disability and Rehabilitation Research --
Applicant.
Application.
Award.
Budget Period.
Department.
EDGAR.
Grant Period.
Nonprofit.
Nonpublic.
Preschool.
Private.
Project.
Project Period.
Public.
Secretary.
State.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
(b) The following definitions also apply to programs under Disability
and Rehabilitation Research --
Act means the Rehabilitation Act of 1973 (Pub. L. 93-112), as
amended.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
American Indian means an individual who is a member of an Indian
tribe.
(Authority: Sec. 7(20); 29 U.S.C. 706(20))
Demonstration means the application of results derived from previous
research, testing, or practice for purposes of establishing the
reliability, indicating the validity, or determining the cost
effectiveness of new rehabilitation procedures.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
Development means the systematic use of knowledge and understanding
gained from research, directed toward creating useful materials,
devices, systems, or methods, including design and development of
prototypes and processes.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
Fellowship means a financial award to obtain the assistance of highly
qualified research fellows from the United States and foreign countries.
It is not a grant.
(Authority: Sec. 202(d); (29 U.S.C. 761a(d)))
Indian tribe means any Federal or State Indian tribe, band,
rancheria, pueblo, colony, or community, including any Alaskan native
village or regional village corporation, as defined in or established
pursuant to the Alaska Native Claims Settlement Act.
(Authority: Sec. 7(21); 29 U.S.C. 706(21))
Individual with handicaps means any individual who: (1) Has a
physical or mental disability which for that individual constitutes or
results in a substantial handicap to employment; and (2) can reasonably
be expected to benefit in terms of employability from the provision of
vocational rehabilitation services.
(Authority: Sec 7(8)(A); 29 U.S.C. 706(8)(A))
Individual with severe handicaps means an individual with handicaps:
(1) Who has a severe physical or mental disability that seriously
limits one or more functional capacities (such as mobility,
communication, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of employability;
(2) Whose vocational rehabilitation can be expected to require
multiple vocational rehabilitation services over an extended period of
time; and
(3) Who has one or more physical or mental disabilities resulting
from amputation, arthritis, autism, blindness, burn injury, cancer,
cerebral palsy, cystic fibrosis, deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental
retardation, mental illness, multiple sclerosis, muscular dystrophy,
musculoskeletal disorders, neurological disorders (including stroke and
epilepsy), paraplegia, quadriplegia, other spinal cord conditions,
sickle cell anemia, specific learning disability, endstage renal
disease, or another disability or combination of disabilities determined
on the basis of an evaluation of rehabilitation potential to cause
comparable substantial functional limitation.
(Authority: Sec. 7(15)(A): 29 U.S.C. 706(15)(A))
Institute means the National Institute on Disability and
Rehabilitation Research.
(Authority: Sec. 202(a); (29 U.S.C. 761a(a)))
Rehabilitation engineering means the systematic application of
technologies, engineering methodologies, or scientific principles to
meet the needs of an address the barriers confronted by individuals with
handicaps in areas that include education, rehabilitation, employment,
transportation, independent living, and recreation.
(Authority: Sec. 7(12); 29 U.S.C. 706(12))
Research means intensive systematic study directed toward new or
fuller scientific knowledge or understanding of the subject or problem
studied. Research is classified on a continuum from basic to applied.
(1) Basic research is research in which the investigator is concerned
primarily with gaining new knowledge or understanding of a subject
without reference to any immediate application or utility.
(2) Applied research is research in which the investigator is
primarily interested in developing new knowledge, information or
understanding which can be applied to a predetermined rehabilitation
problem or need. Applied research builds on selected findings from
basic research.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
Research utilization means activities seeking to link research
findings to practical applications in planning, policy-making, program
administration, and service practice in the delivery of services to
handicapped persons.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
State rehabilitation agency means the sole State agency designated to
administer (or supervise local administration of) the State plan for
vocational rehabilitation services. The term includes the State agency
for the blind, if designated as the State agency with respect to that
part of the plan relating to the vocational rehabilitation of blind
individuals.
(Authority: Sec. 101(a)(1)(A); (29 U.S.C. 721(a)(1)(A)))
Supported employment means competitive work in integrated work
settings for individuals with severe handicaps for whom competitive
employment has not traditionally occurred, or for whom competitive
employment has been interrupted or intermittent as a result of severe
disability, and who, because of the handicaps, need on-going support
services to perform that work. The term includes transitional
employment for individuals with chronic mental illness.
(Authority: Sec. 7(18); 29 U.S.C. 706(18)).
Target population means the group of individuals, organizations, or
other entities expected to be affected by the results of specific
research. More than one target group may be involved since research
results may affect those who receive services, provide services, or
administer services.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
Training means a planned and systematic sequence of instruction under
competent supervision which is designed to impart predetermined skills
and knowledge.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
(46 FR 45305, Sept. 10, 1981, as amended at 49 FR 9325, Mar. 12,
1984; 52 FR 30061, Aug. 12, 1987)
34 CFR 350.4 Subpart B -- (Reserved)
34 CFR 350.4 Subpart C -- How Does One Apply for a Grant?
34 CFR 350.20 What are the application procedures under these progams?
An applicant for assistance under 34 CFR parts 351, 352, 353, 354,
355, 357, 358, 359, or 360, shall submit a copy of its application to
the appropriate state rehabilitation agency or agencies for comment in
accordance with the procedures in EDGAR, 34 CFR 75.155-75.159.
(Authority: Secs. 204(c) and 306(i); 29 U.S.C. 762(c) and 766(a))
(53 FR 23352, June 21, 1988)
34 CFR 350.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 350.30 What is the peer review process for these programs?
The Secretary refers each application for a grant under the
Disability and Rehabilitation Research Programs to a peer review panel
established by the Secretary. Peer review panels review applications on
the basis of the applicable selection criteria in 34 CFR 350.34, 352.31,
353.31, 357.32, 358.32, or 359.31.
(Authority: Sec. 202(e); 29 U.S.C. 761a(e))
(52 FR 30061, Aug. 12, 1987, as amended at 53 FR 23352, June 21,
1988; 53 FR 24245, June 27, 1988)
34 CFR 350.31 What is the purpose of peer review?
The purpose of peer review is to insure that those activities
supported by the Institute are of the highest scientific,
administrative, and technical quality and that the results may be widely
applied to appropriate target populations and rehabilitation problems.
(Authority: Sec. 202(e); (29 U.S.C. 761a(e)))
34 CFR 350.32 What is the composition of a peer review panel?
(a) The Secretary selects as members of a peer review panel
scientists and other experts in rehabilitation or related fields who are
qualified, on the basis of training, knowledge, or experience, to give
expert advice on the merit of the applications under review.
Applications for awards of $60,000 or more, except those for the
purposes of evaluation, dissemination of information, or conferences,
must be reviewed by a peer review panel that consists of a majority of
non-Federal members.
(b) In selecting an individual for membership on a peer review panel,
the Secretary takes into account, among other factors, the following:
(1) The level of formal scientific or technical education completed
by the individual;
(2) The extent to which the individual has engaged in scientific,
technical, or administrative activities appropriate to the category of
applications that the panel will consider, the role of the individual in
those activities, and the quality of those activities; and
(3) The recognition received by the individual as reflected by awards
and other honors from scientific and professional agencies and
organizations outside the Department.
(Authority: Secs. 18 and 202(e); 29 U.S.C. 717 and 761a(e))
(46 FR 45305, Sept. 10, 1981, as amended at 52 FR 30061, Aug. 12,
1987)
34 CFR 350.33 How does the Secretary evaluate an application under 34
CFR parts 351, 354, or 355?
(a) The Secretary evaluates an application under 34 CFR part 351,
354, or 355 on the basis of the selection criteria in 350.34.
(b) Each criterion applies to all types of projects under the
programs governed by these parts; the elements within each criterion
also apply to all of the activities within the projects unless the
regulations specifically state that their application is limited to
certain types of activities.
(c) The Secretary awards up to five possible points for each
criterion. These points are awarded as follows based on how well the
applicant addresses each criterion: Outstanding (5); superior (4);
satisfactory (3); marginal (2); or poor (1).
(d) The Secretary computes a final score by multiplying the points
awarded on each criterion by the weight assigned each criterion as
indicated in parentheses after the descriptive title of the criterion.
(e) The maximum possible score for an application is 100 points.
(Authority: Sec. 202(e); 29 U.S.C. 761a(e))
(49 FR 9325, Mar. 12, 1984, as amended at 52 FR 30062, Aug. 12, 1987;
53 FR 24245, June 27, 1988)
34 CFR 350.34 What selection criteria does the Secretary use in
reviewing applications under parts 351, 354, or 355?
(a) Potential Impact of Outcomes: Importance of Program (Weight
3.0). The Secretary reviews each application to determine to what degree
--
(1) The proposed activity relates to the announced priority;
(2) The research is likely to produce new and useful information
(research activities only);
(3) The need and target population are adequately defined;
(4) The outcomes are likely to benefit the defined target population;
(5) The training needs are clearly defined (training activities
only);
(6) The training methods and developed subject matter are likely to
meet the defined need (training activities only); and
(7) The need for information exists (utilization activities only).
(b) Potential Impact of Outcomes: Dissemination/Utilization (Weight
3.0). The Secretary reviews each application to determine to what degree
--
(1) The research results are likely to become available to others
working in the field (research activities only);
(2) The means to disseminate and promote utilization by others are
defined;
(3) The training methods and content are to be packaged for
dissemination and use by others (training activities only); and
(4) The utilization approach is likely to address the defined need
(utilization activities only).
(c) Probability of Achieving Proposed Outcomes; Program/Project
Design (Weight 5.0). The Secretary reviews each application to determine
to what degree --
(1) The objectives of the project(s) are clearly stated;
(2) The hypothesis is sound and based on evidence (research
activities only);
(3) The project design/methodology is likely to achieve the
objectives;
(4) The measurement methodology and analysis is sound (research and
development/demonstration activities only);
(5) The conceptual model (if used) is sound
(development/demonstration activities only);
(6) The sample populations are correct and significant (research and
development/demonstration activities only);
(7) The human subjects are sufficiently protected (research and
development/demonstration activities only);
(8) The device(s) or model system is to be developed in an
appropriate environment;
(9) The training content is comprehensive and at an appropriate level
(training activities only);
(10) The training methods are likely to be effective (training
activities only);
(11) The new materials (if developed) are likely to be of high
quality and uniqueness (training activities only);
(12) The target populations are linked to the project (utilization
activities only); and
(13) The format of the dissemination medium is the best to achieve
the desired result (utilization activities only).
(d) Probability of Achieving Proposed Outcomes: Key Personnel
(Weight 4.0). The Secretary reviews each application to determine to
what degree --
(1) The principal investigator and other key staff have adequate
training and/or experience and demonstrate appropriate potential to
conduct the proposed research, demonstration, training, development, or
dissemination activity;
(2) The principal investigator and other key staff are familiar with
pertinent literature and/or methods;
(3) All required disciplines are effectively covered;
(4) Commitments of staff time are adequate for the project; and
(5) The applicant is likely, as part of its non-discriminatory
employment practices, to encourage applications for employment from
persons who are members of groups that traditionally have been
underrepresented, such as --
(i) Members of racial or ethnic minority groups;
(ii) Women;
(iii) Handicapped persons; and
(iv) The elderly.
(e) Probability of Achieving Proposed Outcomes: Evaluation Plan
(Weight 1.0). The Secretary reviews each application to determine to
what degree --
(1) There is a mechanism to evaluate plans, progress and results;
(2) The evaluation methods and objectives are likely to produce data
that are quantifiable; and
(3) The evaluation results, where relevant, are likely to be assessed
in a service setting.
(f) Program/Project Management: Plan of Operation (Weight 2.0). The
Secretary reviews each application to determine to what degree --
(1) There is an effective plan of operation that insures proper and
efficient administration of the project(s);
(2) The applicant's planned use of its resources and personnel is
likely to achieve each objective;
(3) Collaboration between institutions, if proposed, is likely to be
effective; and
(4) There is a clear description of how the applicant will include
eligible project participants who have been traditionally
underrepresented, such as --
(i) Members of racial or ethnic minority groups;
(ii) Women;
(iii) Handicapped persons; and
(iv) The elderly.
(g) Program/Project Management: Adequacy of Resources (Weight 1.0).
The Secretary reviews each application to determine to what degree --
(1) The facilities planned for use are adequate;
(2) The equipment and supplies planned for use are adequate; and
(3) The commitment of the applicant to provide administrative support
and adquate facilities is evident.
(h) Program/Project Management: Budget and Cost Effectiveness
(Weight 1.0). The Secretary reviews each application to determine to
what degree --
(1) The budget for the project(s) is adequate to support the
activities;
(2) The costs are reasonable in relation to the objectives of the
project(s); and
(3) The budget for subcontracts (if required) is detailed and
appropriate.
(Authority: Secs. 202(e) and 202(i)(1); (29 U.S.C. 761a(e) and
761a(i)(1)))
(49 FR 9325, Mar. 12, 1984, as amended at 50 FR 16674, Apr. 26, 1985;
52 FR 30062, Aug. 12, 1987; 53 FR 24245, June 27, 1988)
34 CFR 350.35 What additional factors does the Secretary consider in
reviewing applications under any Institute program:
(a) In making grants of more than $299,999 per year under any
Institute program, the Secretary also considers the findings of an
on-site review of the applicant. An on-site review is made of the
applicant rated most highly by the peer review panel, and, at the
discretion of the Secretary, of other applicants that are very highly
rated by the peer review panel.
(b) The purpose of an on-site review is to verify certain aspects of
the application, including facilites and resources, client populations,
staffing, management structure, institutional support, and relations
with other agencies, and to clarify certain aspects of the proposed
activity if recommended by the members of the peer review panel.
(c) An on-site review is conducted by a group that includes one or
more members of the peer review panel that originally reviewed by the
application, supplemented by other experts as necessary.
(d) The Secretary uses the findings of the site review to assist in
determining the order in which applications are selected for funding.
(Authority: Secs. 204(d)(2); 29 U.S.C. 762(d))
(52 FR 30062, Aug. 12, 1987)
34 CFR 350.35 Subpart E -- What Conditions Apply to a Grantee?
34 CFR 350.40 What are the matching requirements?
(a) The Secretary may make grants to pay for part of the costs of
research and demonstration projects that bear directly on the
development of procedures, methods, and devices to assist the provision
of vocational and other rehabilitation services, and research training
and career development projects. Each grantee must participate in the
costs of those projects. The specific amount of cost sharing to be
borne by each grantee is negotiated at the time of the award and is not
a factor that is considered in the selection process.
(b)(1) The Secretary may make grants to pay for part or all of the
costs of the following activities:
(i) Establishment and support of Rehabilitation Research and Training
Centers, Rehabilitation Engineering Centers, and Model Training Centers.
(ii) Research and other special projects and demonstrations concerned
with spinal cord injury.
(iii) Research projects concerned with end-stage renal disease,
telecommunications, rehabilitation of children with handicaps and
persons with handicaps who are aged sixty or older (or American Indians
with handicaps who are aged fifty-five or older), attracting and
retaining rehabilitation professionals in rural areas, producing and
distributing captioned video cassettes for deaf individuals and
innovative methods for providing services for children with handicaps
and their parents.
(iv) Joint projects with other Federal agencies and private industry.
(v) Research to test new concepts and innovative ideas.
(vi) International programs of research, demonstration, training,
exchange of experts, and technical assistance.
(2) The Secretary determines at the time of the award whether the
grantee must pay a portion of the project or center costs.
(Authority: Sec. 204; 29 U.S.C. 762)
(46 FR 45305, Sept. 10, 1981, as amended at 50 FR FR 16674, Apr. 26,
1985; 52 FR 30062, Aug. 12, 1987; 53 FR 23352, June 21, 1988)
34 CFR 350.40 PART 351 -- DISABILITY AND REHABILITATION RESEARCH: RESEARCH AND DEMONSTRATION PROJECTS
34 CFR 350.40 Subpart A -- General
Sec.
351.1 What is the research and demonstration projects program?
351.2 Who is eligible for assistance under this program?
351.3 What regulations apply to this program?
351.4 What definitions apply to this program?
34 CFR 350.40 Subpart B -- What Kinds of Activities Does the Department
Support Under This Program?
351.10 What types of projects are authorized under this program?
34 CFR 350.40 Subpart C -- (Reserved)
34 CFR 350.40 Subpart D -- How Does the Secretary Make a Grant?
351.30 How is peer review conducted under this program?
351.31 What selection criteria are used under this program?
351.32 What are the priorities for funding under this program?
Authority: 29 U.S.C. 750-762, unless otherwise noted.
Source: 46 FR 45308, Sept. 10, 1981, unless otherwise noted.
34 CFR 350.40 Subpart A -- General
34 CFR 351.1 What is the research and demonstration projects program?
This program is designed --
(a) To assist in the provision of vocational and other rehabilitation
services to individuals with handicaps, especially individuals with the
most severe handicaps, through planning and conducting of research and
demonstration projects, and specialized research activities;
(b) To cooperate with and assist in developing and sharing
information found useful in other nations in the rehabilitation of
individuals with handicaps; and
(c) To assist in development of solutions to problems encountered by
individuals with handicaps in their daily activities, especially
problems related to employment.
(Authority: Secs. 202(g)(1); 204; (29 U.S.C. 761a(g)(1), 762))
(46 FR 45308, Sept. 10, 1981, as amended at 52 FR 30062, Aug. 12,
1987)
34 CFR 351.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible to apply under this program
are described in 34 CFR 350.2.
(Authority: Sec. 204; (29 U.S.C. 762))
34 CFR 351.3 What regulations apply to this program?
The regulations referenced in 34 CFR 350.3 apply to this program.
(Authority: Secs. 202 and 204; (29 U.S.C. 761a, 762))
34 CFR 351.4 What definitions apply to this program?
The definitions listed in 34 CFR 350.4 apply to this program.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
34 CFR 351.4 Subpart B -- What Kinds of Activities Does the Department Support Under This Program?
34 CFR 351.10 What types of projects are authorized under this program?
The Research and Demonstration Projects Program provides financial
assistance for the following types of projects --
(a) Research and demonstration projects as follows -- Scientific,
technical, methodological, and other investigations into the nature of
disability, methods of analyzing disability, and techniques for
rehabilitation, including basic research where related to rehabilitation
techniques or services; studies and analyses of medical, industrial,
vocational, social, recreational, psychiatric, psychological,
communicative, economic, and other factors affecting rehabilitation of
individuals with handicaps; research concerned with the special
problems of homebound and institutionalized individuals; other research
related to problems encountered by individuals with handicaps in their
daily activities, especially problems related to employment, including
supported employment; and demographic studies of individuals with
handicaps.
(b) Specialized research activities as follows --
(1) Spinal cord injury research and demonstrations;
(2) End-stage renal disease research and demonstrations;
(3) International research, demonstrations, training, and exchange of
experts and technical assistance except when related to technology,
engineering, research utilization, or research dissemination;
(4) Joint projects with other Federal agencies and private industry
except when related to technology or engineering;
(5) Research related to children with handicaps and individuals with
handicaps who are aged sixty years and older, or, in the case of
American Indians, are aged fifty-five years or older.
(6) Projects to develop and demonstrate methods to attract and retain
professionals to serve in rural areas in the rehabilitation of
individuals with handicaps;
(7) Research and demonstration projects related to the provision of
services to children of preschool age with handicaps;
(8) Studies of the rehabilitation needs of American Indian
populations, and of effective means for delivery of rehabilitation
services to American Indians residing on and off reservations; and
(9) Studies and demonstration programs to develop procedures to
encourage development, manufacture, and marketing or orphan
technological devices, such as tele-Braille systems for persons who are
deaf-blind or special respirators for technology-dependent children,
designed to enable individuals with handicaps to achieve independence
and access to gainful employment.
(Authority: 204(a), 204(b)(3)-(5), 204(b)(7)-(9), 204(b)(11),
204(b)(14)-(15), and 202(b)(8); 29 U.S.C. 762(a), 762(b)(3)-(5),
762(b)(7)-(9), 762(b)(11), 762(b)(14)-(15), and 761a(b)(8))
(46 FR 45308, Sept. 10, 1981, as amended at 52 FR 30062, Aug. 12,
1987)
34 CFR 351.10 Subpart C -- (Reserved)
34 CFR 351.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 351.30 How is peer review conducted under this program?
Peer review is conducted under this program in accordance with 34 CFR
350.30-350.32.
(Authority: Sec. 202(e); (29 U.S.C. 761a(e))
34 CFR 351.31 What selection criteria are used under this program?
The selection criteria used under this program are the criteria
described in 350.34.
(Authority: Secs. 202(e) and 202(i)(1); (29 U.S.C. 761a(e) and
761a(i)(1)))
(49 FR 9326, Mar. 12, 1984)
34 CFR 351.32 What are the priorities for funding under this program?
(a) The Secretary may from time to time reserve funds to support some
or all of the types of projects listed in 351.10.
(b) The Secretary advises the public of these priorities through an
Application Notice published in the Federal Register.
(Authority: Secs. 202(g), 204; (29 U.S.C. 761a(g), 762))
34 CFR 351.32 PART 352 -- DISABILITY AND REHABILITATION RESEARCH: REHABILITATION RESEARCH AND TRAINING CENTERS
34 CFR 351.32 Subpart A -- General
Sec.
352.1 What is the rehabilitation research and training centers
program?
352.2 Who is eligible for assistance under this program?
352.3 What regulations apply to this program?
352.4 What definitions apply to this program?
34 CFR 351.32 Subpart B -- What Kinds of Activities Does the Department
Assist Under This Program?
352.10 What types of centers are authorized under this program?
34 CFR 351.32 Subpart C -- (Reserved)
34 CFR 351.32 Subpart D -- How Does the Secretary Make a Grant?
352.30 How is peer review conducted under this program?
352.31 What selection criteria are used under this program?
352.32 What are the priorities for funding under this program?
352.33 May the Secretary renew a Research and Training Center grant
without competition?
34 CFR 351.32 Subpart E -- What Conditions Apply to a Grantee?
352.40 What are the indirect cost requirements for this program?
Authority: 29 U.S.C. 762(b)(1), unless otherwise noted.
Source: 46 FR 45309, Sept. 10, 1981, unless otherwise noted.
34 CFR 351.32 Subpart A -- General
34 CFR 352.1 What is the rehabilitation research and training centers
program?
This program is designed to support the establishment and operation
of Rehabilitation Research and Training Centers for the purpose of --
(a) Providing training (including graduate training) to research and
other rehabilitation personnel and to assist individuals to more
effectively provide rehabilitation services; and
(b) Conducting coordinated and advanced programs of rehabilitation
research.
(Authority: Sec. 204(b)(1); (29 U.S.C. 762(b)(1)))
34 CFR 352.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible to apply under this program
are described in 34 CFR 350.2.
(Authority: Sec. 204; (29 U.S.C. 762))
34 CFR 352.3 What regulations apply to this program?
The regulations referenced in 34 CFR 350.3 apply to this program.
(Authority: Secs. 202 and 204; (29 U.S.C. 761a, 762))
34 CFR 352.4 What definitions apply to this program?
The definitions listed in 34 CFR 350.4 apply to this program.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
34 CFR 352.4 Subpart B -- What Kinds of Activities Does the Department Assist Under This Program?
34 CFR 352.10 What types of centers are authorized under this program?
(a) Rehabilitation research and training centers must be operated in
collaboration with institutions of higher education and must be
associated with a rehabilitation service setting which fosters a close
working relationship between researchers service delivery personnel, and
service recipients. Each center must conduct a program of research and
training activities.
(b) The research to be conducted at each center must be based on the
particular needs of individuals with handicaps in the geographic area
served by the center. Centers may conduct basic research, if related to
identifiable rehabilitation techniques or services, as well as applied
rehabilitation research; research regarding the medical, psychological,
and social aspects of rehabilitation; and research related to
vocational rehabilitation, independent living, and the rehabilitation of
infants, toddlers, children, and youth with handicaps, individuals with
handicaps who are sixty years of age or older, or American Indians with
handicaps who are fifty-five years of age or older; and research on
problems related to disability in rural areas.
(c) The purpose of training programs at a center is to disseminate
and encourage the utilization of new rehabilitation knowledge, findings
and techniques resulting from its research activities. These goals may
be accomplished by introducing rehabilitation education into related
University undergraduate and graduate curricula and by providing
short-term, in-service and continuing education training programs to
improve the skills of professionals, paraprofessionals, consumers,
parents, and other personnel involved in rehabilitation. Grantees may
also use grant funds for faculty support for teaching of rehabilitation
related courses of study for credit and other courses offered by the
institutions of higher education affiliated with the Center. Each
grantee that uses grant funds for this purpose shall give priority to
training of students preparing to be rehabilitation personnel.
(d) A center may use part of its grant funds to provide to
individuals with handicaps services that are connected with its research
and training activities.
(Authority: Sec. 204(b)(1); (29 U.S.C. 762(b)(1)))
(46 FR 45309, Sept. 10, 1981, as amended at 50 FR 16674, Apr. 26,
1985; 52 FR 30063, Aug. 12, 1987)
34 CFR 352.10 Subpart C -- (Reserved)
34 CFR 352.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 352.30 How is peer review conducted under this program?
Peer review is conducted under this program in accordance with 34 CFR
350.30-350.32.
(Authority: Sec. 202(e); (29 U.S.C. 761a(e)))
34 CFR 352.31 What selection criteria are used under this program?
The Secretary evaluates applications under this program according to
the following criteria:
(a) Relevance and importance of the research program. (20 points)
(Note: For fiscal year 1987 only, the maximum number of points to be
awarded under this criterion is 25 points.)
The Secretary reviews each application to determine to what degree --
(1) The proposed activities are responsive to a priority established
by the Secretary and address a significant need of a disabled target
population and rehabilitation service providers;
(2) The overall research program of the Center includes appropriate
interdisciplinary and collaborative research activities, is likely to
lead to new and useful knowledge in the priority area, and is likely to
become a nationally recognized source of scientific knowledge; and
(3) The applicant demonstrates that all component activities of the
Center are related to the overall objective of the Center, and will
build upon and complement each other to enhance the likelihood of
solving significant rehabilitation problems.
(b) Quality of the research design. (35 points)
(Note: For fiscal year 1987 only, the maximum number of points to be
awarded under this criterion is 25 points.)
The Secretary reviews each application to determine to what degree --
(1) The applicant proposes a comprehensive research program for the
entire project period, including at least three interrelated research
projects;
(2) The research design and methodology of each proposed activity are
meritorious in that --
(i) The literature review is appropriate and indicates familiarity
with current research in the field;
(ii) The research hypotheses are important and scientifically
relevant;
(iii) The sample populations are appropriate and significant;
(iv) The data collection and measurement techniques are appropriate
and likely to be effective;
(v) The data analysis methods are appropriate; and
(vi) The applicant assures that human subjects, animals, and the
environment are adequately protected; and
(3) The application discusses the anticipated research results and
demonstrates how those results would satisfy the original hypotheses and
could be used for planning future research, including generation of new
hypotheses where applicable.
(c) Quality of the training and dissemination program. (25 points):
The Secretary reviews each application to determine the degree to which
--
(1) The proposed plan for training and dissemination provides
evidence that research results will be effectively disseminated and
utilized based on the identification of appropriate and accessible
target groups; the proposed training materials and methods are
appropriate; the proposed activities are relevant to the regional and
national needs of the rehabilitation field; and the training materials
and dissemination packages will be developed in alternate media that are
usable by people with various types of disabilities;
(2) The proposed plan for training and dissemination provides for --
(i) Advanced training in rehabilitation research;
(ii) Training rehabilitation service personnel and other appropriate
individuals to improve practitioner skills based on new knowledge
derived from research;
(iii) Training packages that make research results available to
service providers, researchers, educators, disabled individuals,
parents, and others;
(iv) Technical assistance or consultation that is responsive to the
concerns of service providers and consumers; and
(v) Dissemination of research findings through publication in
professional journals, textbooks, and consumer and other publications,
and through other appropriate media such as audiovisual materials and
telecommunications.
(d) Quality of the organization and management. (20 points):
(Note: For fiscal year 1987 only, the maximum number of points to be
awarded under this criterion is 25 points.)
The Secretary reviews each application to determine the degree to
which --
(1) The staffing plan for the Center provides evidence that the
project director, research director, training director, principal
investigator and other personnel have appropriate training and
experience in disciplines required to conduct the proposed activities;
the commitment of staff time is adequate to conduct all proposed
activities; and the Center, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition.
(2) The budgets for the Center and for each component project are
reasonable, adequate, and cost-effective for the proposed activities;
(3) The facilities, equipment, and other resources are adequate and
are appropriately accessible to persons with disabilities;
(4) The plan of operations is adequate to accomplish the Center's
objectives and to ensure proper and efficient management of the Center;
(5) The proposed relationships with Federal, State, and local
rehabilitation service providers and consumer organizations are likely
to ensure that the Center program is relevant and applicable to the
needs of consumers and service providers;
(6) The past performance and accomplishments of the applicant
indicate an ability to complete successfully the proposed scope of work;
(7) The application demonstrates appropriate commitment and support
by the host institution and opportunities for interdisciplinary
activities and collaboration with other institutions and organizations;
and
(8) The plan for evaluation of the Center provides for an annual
assessment of the outcomes of the research, the impact of the training
and dissemination activities on the target populations, and the extent
to which the overall objectives have been accomplished.
(Approved by the Office of Management and Budget under control number
1820-0027)
(Authority: Secs. 202(e), 202(i)(1), and 204(b)(1); 29 U.S.C.
761a(e), 761a(i)(1)), and 762(b)(1))
(52 FR 30063, Aug. 12, 1987)
34 CFR 352.32 What are the priorities for funding under this program?
(a) The Secretary may from time to time reserve funds to support some
or all of the types of centers listed in 34 CFR 352.10.
(b) The Secretary advises the public of these priorities through an
Application Notice in the Federal Register.
(Authority: Secs. 202(g) and 204; (29 U.S.C. 761a(g) and 762))
34 CFR 352.33 May the Secretary renew a Research and Training Center
grant without competition?
(a) Notwithstanding the provisions of EDGAR, 34 CFR 75.253(d), the
Secretary may renew a Rehabilitation Research and Training Center (RTC)
grant without competition at the end of the project period if --
(1) The RTC is performing work in an area of continued high priority
to the Secretary and is working on long-range solutions to
rehabilitation problems;
(2) The RTC has submitted to the Secretary, not later than 15 months
before the end of its project period, a formal request for renewal
without competition;
(3) The RTC has submitted to the Secretary no later than 12 months
before the expiration of its current project period a proposal for the
activities to be conducted during the period for which funding is being
requested;
(4) The Secretary has determined on the basis of documentation or
expert consultation, that the Center may be a unique national resource
and to discontinue it might be contrary to the interests of the
Government, and that further consideration of the request for exemption
from competition is warranted through an independent review of the
Center and its application for the ensuing grant period;
(5) An independent peer review panel has reviewed the activities and
products of the Center, including an on-site review where necessary, has
reviewed the proposal for the new project period, and has made a
recommendation to the Secretary on whether the Center should be
continued; and
(6) The Secretary has determined, on the basis of the above factors,
that to discontinue the work of the Center would result in an
irretrievable loss of potential advances in knowledge and of substantial
prior investment, and would be contrary to the interests of the
Government.
(b) A noncompetitive award may be for a period up to 60 months. No
Center may be renewed for more than 60 months beyond its original
project period without competition.
(Authority: Sec. 204(b)(1); 29 U.S.C. 762(b)(1))
(50 FR 16674, Apr. 26, 1985)
34 CFR 352.33 Subpart E -- What Conditions Apply to a Grantee?
34 CFR 352.40 What are the indirect cost requirements for this program?
A host institution with which a center is affiliated may not collect
in excess of fifteen percent of the total grant award as indirect cost
charges, notwithstanding the provisions in 75.562 of EDGAR.
(Authority: Sec. 204(b)(1); (29 U.S.C. 762(b)(1))
(52 FR 30064, Aug. 12, 1987)
34 CFR 352.40 PART 353 -- DISABILITY AND REHABILITATION RESEARCH: REHABILITATION ENGINEERING PROGRAM
34 CFR 352.40 Subpart A -- General
Sec.
353.1 What is the rehabilitation engineering program?
353.2 Who is eligible for assistance under this program?
353.3 What regulations apply to this program?
353.4 What definitions apply to this program?
34 CFR 352.40 Subpart B -- What Kinds of Activities Does the Department
Support Under This Program?
353.10 What types of projects are authorized under this program?
34 CFR 352.40 Subpart C -- (Reserved)
34 CFR 352.40 Subpart D -- How Does the Secretary Make a Grant?
353.30 How is peer review conducted under this program?
353.31 What selection criteria are used under this program?
353.32 What are the priorities for funding under this program?
Authority: 29 U.S.C. 762(b)(2), unless otherwise noted.
Source: 46 FR 45310, Sept. 10, 1981, unless otherwise noted.
34 CFR 352.40 Subpart A -- General
34 CFR 353.1 What is the rehabilitation engineering program?
This program is designed to support -- (a) Development of innovative
methods of applying advanced medical technology, scientific achievement,
and psychiatric, psychological, and social knowledge to solve
rehabilitation problems;
(b) Development of systems of technical and engineering information
exchange and coordination, including systems to disseminate innovative
methods for the delivery of rehabilitation technology services; and
(c) Development of improvements in the distribution of technology
devices and equipment to individuals with handicaps.
(Authority: Secs. 200(3), 204(b)(2); (29 U.S.C. 760(3), 762(b)(2)))
(46 FR 45310, Sept. 10, 1981, as amended at 52 FR 30064, Aug. 12,
1987)
34 CFR 353.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible to apply under this program
are set forth in 34 CFR 350.2.
(Authority: Sec. 204; (29 U.S.C. 762))
34 CFR 353.3 What regulations apply to this program?
The regulations referenced in 34 CFR 350.3 apply to this program.
(Authority: Secs. 202 and 204; (29 U.S.C. 761a and 762))
34 CFR 353.4 What definitions apply to this program?
The definitions listed in 34 CFR 350.4 apply to this program.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
34 CFR 353.4 Subpart B -- What Kinds of Activities Does the Department Support Under This Program?
34 CFR 353.10 What types of projects are authorized under this program?
The Rehabilitation Engineering Research program provides financial
assistance for --
(a) Establishment and support of Rehabilitation Engineering Research
Centers.
(i) Each center must be located in a clinical rehabilitation setting
which fosters a close working relationship between researchers, service
delivery personnel and service recipients;
(ii) Centers must cooperate with State and other appropriate agencies
in developing systems of information exchange and coordination to
promote the prompt utilization of research findings;
(iii) Centers may conduct research concerning the medical management
of disabling conditions, the individual's adjustment to functional
limitations and to the environment, service delivery systems, or other
research of an engineering or technological nature, including basic
research where related to rehabilitation techniques or services;
(iv) The research activities of a center may address the
rehabilitation problems of handicapped persons of any age; and
(v) The activities of a Center may include developing and
demonstrating innovative models for the delivery to rural and urban
areas of cost-effective rehabilitation engineering services to address
the barriers to employment and independent living needs confronted by
individuals with handicaps.
(b) Research and demonstration projects of an engineering or
technological nature as follows --
(i) Studies, analyses, and demonstrations of architectural and
engineering design adapted to meet the special needs of individuals with
handicaps, and projects to reduce environmental barriers;
(ii) Cooperative research projects with public or private agencies
and organizations to produce new equipment and devices for solving
rehabilitation problems;
(iii) Projects concerning the use of existing telecommunication
systems;
(iv) International research, demonstrations, training and exchange of
experts and technical assistance when related to technology and
engineering;
(v) A project to assess the feasibility of establishing a center to
produce and distribute captioned video cassettes to deaf individuals;
and
(vi) Joint projects with other Federal agencies and with private
industry when related to technology or engineering.
(Authority: Secs. 204(b)(2), 204(a), 204(b)(5)-(7), 204(b)(10); (29
U.S.C. 762(b)(2), 762(a), 762(b)(5)-(7), 762(b)(10)))
(46 FR 45310, Sept. 10, 1981, as amended at 52 FR 30064, Aug. 12,
1987)
34 CFR 353.10 Subpart C -- (Reserved)
34 CFR 353.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 353.30 How is peer review conducted under this program?
Peer review is conducted under this program in accordance with 34 CFR
350.30-350.32.
(Authority: Sec. 202(e); (29 U.S.C. 761a(e)))
34 CFR 353.31 What selection criteria are used under this program?
(a) Relevance and importance of the research program. (25 points)
The Secretary reviews each application to determine to what degree --
(1) The proposed activities are responsive to a priority established
by the Secretary and address a significant need of a disabled target
population and rehabilitation service providers;
(2) The overall research program of the Center includes appropriate
interdisciplinary and collaborative research activities, is likely to
lead to new and useful knowledge in the priority area and to the
development of new technology or new applications of existing
technology, and is likely to become a nationally recognized source of
information on technology in the priority area; and
(3) The applicant demonstrates that all component activities of the
Center are related to the overall objectives of the Center, and will
build upon and complement each other to enhance the likelihood of
finding solutions to significant rehabilitation problems.
(b) Quality of the research design. (25 points) The Secretary
reviews each application to determine to what degree --
(1) The applicant proposes a comprehensive program of research for
the total project period, including at least three interrelated research
projects;
(2) The research design and methodology of each proposed activity are
meritorious in that --
(i) The literature review is appropriate and indicates familiarity
with the state-of-the-art and current research in rehabilitation
technology;
(ii) The research hypotheses are important and scientifically
relevant;
(iii) The sample populations are appropriate and significant;
(iv) The data collection and measurement techniques are appropriate
and likely to be effective;
(v) The data analysis methods are appropriate; and
(vi) The applicant assures that human subjects, animals, and the
environment are adequately protected:
(3) The plan for development, clinical testing, and evaluation of new
devices and technology is likely to yield significant products; and
(4) The application discusses the anticipated research results and
demonstrates how those results would satisfy the original hypotheses and
could be used for planning additional research, including the generation
of new hypotheses where applicable.
(c) Quality of the dissemination and utilization program. (25
points) The Secretary reviews each application to determine the degree
to which --
(1) The proposed plan for dissemination provides evidence that
research results will be effectively disseminated and utilized based on
the identification of appropriate and accessible target groups; the
proposed activities are relevant to the regional and national needs of
the rehabilitation field; and dissemination packages will be prepared
in a form usable by individuals with all types of disabilities;
(2) The proposed plan for dissemination and utilization of the
research and development provides for --
(i) Orientation programs for rehabilitation service personnel to
improve the application of rehabilitation technology;
(ii) Programs which specifically demonstrate means for utilizing
rehabilitation technology;
(iii) Technical assistance and consultation that are responsive to
concerns of service providers and consumers; and
(iv) Dissemination of reseach findings through publication in
professional journals, textbooks, and consumer and other publications,
and through other appropriate media such as audiovisual materials and
telecommunications, in an effort to make research results accessible to
manufacturers, rehabilitation service providers, researchers, educators,
disabled individuals and their families, and others; and
(3) There is an appropriate plan to ensure the distribution and
utilization of new devices and technology.
(d) Quality of the organization and management. (25 points): The
Secretary reviews each application to determine the degree to which --
(1) The staffing plan for the Center provides evidence that the
principal investigator and other personnel have appropriate training and
experience in disciplines required to conduct the proposed activities;
the commitment of time for all staff is adequate to conduct all proposed
activities; and the Center, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition;
(2) The budgets for the Center and each of the proposed activities
are reasonable, adequate, and cost-effective for the proposed
activities;
(3) The facilities, equipment, and other resources are adequate and
are appropriately accessible to persons with disabilities;
(4) The plan of operations is adequate to accomplish the Center's
objectives and to ensure proper and efficient management of the Center;
(5) The proposed relationships with Federal, State, and local
rehabilitation service providers and consumer organizations are likely
to ensure that the Center program is relevant and applicable to the
needs of consumers and service providers;
(6) The past performance and accomplishments of the applicant
indicate an ability to complete successfully the proposed scope of work;
(7) The application demonstrates appropriate commitment and support
by the host institution and opportunities for interdisciplinary
activities and collaboration with other institutions; and
(8) The plan for evaluation of the Center will assess annually the
outcomes of the discrete and interrelated research projects, the impact
of the training and dissemination activities on the target populations,
and the extent to which the overall objectives have been accomplished.
(Approved by the Office of Management and Budget under control number
1820-0027)
(Authority: Secs. 202(e), 202(i)(1), and 204(b)(2); 29 U.S.C.
761a(e), 761a(i)(1), and 762(b)(2))
(52 FR 30064, Aug. 12, 1987)
34 CFR 353.32 What are the priorities for funding under this program?
(a) The Secretary may from time to time reserve funds to support some
or all of the types of research centers or projects listed in 34 CFR
353.10.
(b) The Secretary advises the public of these priorities through an
Application Notice published in the Federal Register.
(Authority: Secs. 202(g) and 204; (29 U.S.C. 761a(g) and 762))
34 CFR 353.32 PART 354 -- DISABILITY AND REHABILITATION RESEARCH: MODEL RESEARCH AND TRAINING PROGRAM
34 CFR 353.32 Subpart A -- General
Sec.
354.1 What is the model research and training program?
354.2 Who is eligible for assistance under this program?
354.3 What regulations apply to this program?
354.4 What definitions apply to this program?
34 CFR 353.32 Subpart B -- What Kinds of Activities Does the Department
Support Under This Program?
354.10 What types of centers are authorized under this program?
34 CFR 353.32 Subpart C -- (Reserved)
34 CFR 353.32 Subpart D -- How Does the Secretary Make a Grant?
354.30 How is peer review conducted under this program?
354.31 What selection criteria are used under this program?
354.32 What are the priorities for funding under this program?
Authority: 29 U.S.C. 762(b)(12), unless otherwise noted.
Source: 46 FR 45311, Sept. 10, 1981, unless otherwise noted.
34 CFR 353.32 Subpart A -- General
34 CFR 354.1 What is the model research and training program?
This program is designed to develop and utilize more advanced and
effective methods of evaluating and developing the employment potential
of handicapped individuals.
(Authority: Sec. 204(b)(12); (29 U.S.C. 762(b)(12)))
34 CFR 354.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible to apply under this program
are set forth in 34 CFR 350.2.
(Authority: Sec. 204; (29 U.S.C. 762))
34 CFR 354.3 What regulations apply to this program?
The regulations referenced in 34 CFR 350.3 apply to this program.
(Authority: Secs. 202 and 204; (29 U.S.C. 761a and 762))
34 CFR 354.4 What definitions apply to this program?
The definitions listed in 34 CFR 350.4 apply to this program.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
34 CFR 354.4 Subpart B -- What Kinds of Activities Does the Department Support Under This Program?
34 CFR 354.10 What types of centers are authorized under this program?
The model research and training program provides financial assistance
for establishing and operating model training centers.
(a) Each center must be associated with a rehabilitation service
setting which fosters a close working relationship between researchers,
service providers and service recipients.
(b) Each model center must --
(1) Research and develop model procedures for testing and evaluating
the employment potential of handicapped individuals;
(2) Research and develop model new approaches for job placement of
handicapped individuals, including new follow-up procedures relating to
such placement;
(3) Research and develop model training programs to teach handicapped
individuals skills which will lead to appropriate employment;
(4) Provide training and continuing education to improve the skills
of personnel involved with the employment of handicapped individuals;
and
(5) Provide information services regarding education, training,
employment and job placement for handicapped individuals.
(Authority: Sec. 204(b)(12); (29 U.S.C. 762(b)(12)))
34 CFR 354.10 Subpart C -- (Reserved)
34 CFR 354.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 354.30 How is peer review conducted under this program?
Peer review is conducted under this program in accordance with 34 CFR
350.30-350.32.
(Authority: Sec. 202(e); (29 U.S.C. 761a(e)))
34 CFR 354.31 What selection criteria are used under this program?
The selection criteria used under this program are the criteria
described in 350.34.
(Authority: Secs. 202(e) and 202(i)(1); (29 U.S.C. 761a(e) and
761(i)(1)))
(49 FR 9326, Mar. 12, 1984)
34 CFR 354.32 What are the priorities for funding under this program?
(a) The Secretary may from time to time reserve funds to support the
types of research activities listed in 34 CFR 354.10(b).
(b) The Secretary advises the public of these priorities through an
Application Notice published in the Federal Register.
(Authority: Secs. 202(g) and 204; (29 U.S.C. 761a(g) and 762)).
34 CFR 354.32 PART 355 -- DISABILITY AND REHABILITATION RESEARCH: KNOWLEDGE DISSEMINATION AND UTILIZATION PROGRAMS
34 CFR 354.32 Subpart A -- General
Sec.
355.1 What is the Knowledge Dissemination and Utilization Program?
355.2 Who is eligible for assistance under this program?
355.3 What regulations apply to this program?
355.4 What definitions apply to this program?
34 CFR 354.32 Subpart B -- What Kinds of Activities Does the Department
Support Under This Program?
355.10 What types of activities are authorized under this program?
34 CFR 354.32 Subpart C -- (Reserved)
34 CFR 354.32 Subpart D -- How Does the Secretary Make a Grant?
355.30 How is peer review conducted under this program?
355.31 What selection criteria are used under this program?
355.32 What are the priorities for funding under this program?
Authority: 29 U.S.C. 760-762, unless otherwise noted.
Source: 46 FR 45312, Sept. 10, 1981, unless otherwise noted.
34 CFR 354.32 Subpart A -- General
34 CFR 355.1 What is the Knowledge Dissemination and Utilization
Program?
This program is designed to support activities that will insure that
rehabilitation knowledge generated from projects and centers funded by
the Institute and from other sources is fully utilized to improve the
lives of handicapped persons.
(Authority: Secs. 202, 204(a), and 204(b)(5); (29 U.S.C. 761a,
762(a) and 762(b)(5)))
34 CFR 355.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible to apply under this program
are described in 34 CFR 350.2.
(Authority: Sec. 204; (29 U.S.C. 762))
34 CFR 355.3 What regulations apply to this program?
The regulations referenced in 34 CFR 350.3 apply to this program.
(Authority: Secs. 202 and 204; (29 U.S.C. 761a and 762))
34 CFR 355.4 What definitions apply to this program?
The definitions listed in 34 CFR 350.4 apply to this program.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
34 CFR 355.4 Subpart B -- What Kinds of Activities Does the Department Support Under This Program?
34 CFR 355.10 What types of activities are authorized under this
program?
The knowledge dissemination and utilization program provides
financial assistance for the following types of projects --
(a) Domestic or international research utilization;
(b) Domestic or international information dissemination activities;
(c) Building public awareness about ways of rehabilitating
handicapped persons;
(Authority: Secs. 200(2), 202(b)4-6, 204(a), 204(b)(5); (29 U.S.C.
761a(b)(2), 761a(b) (4-6), 762(a), 762(b)(5)))
34 CFR 355.10 Subpart C -- (Reserved)
34 CFR 355.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 355.30 How is peer review conducted under this program?
Peer review is conducted under this program in accordance with 34 CFR
350.30-350.32.
(Authority: Sec. 202e; (29 U.S.C. 761a(e))
34 CFR 355.31 What selection criteria are used under this program?
The selection criteria used under this program are the criteria
described in 350.34.
(Authority: Secs. 202(e) and 202(i)(1); (29 U.S.C. 761a(e) and
761(i)(1)))
(49 FR 9326, Mar. 12, 1984)
34 CFR 355.32 What are the priorities for funding under this program?
(a) The Secretary may from time to time reserve funds to support some
or all of the types of projects listed in 34 CFR 355.10.
(b) The Secretary advises the public of these priorities through an
Application Notice published in the Federal Register.
(Authority: Secs. 202(g) and 204; (29 U.S.C. 761a(g) and 762))
34 CFR 355.32 PART 356 -- DISABILITY AND REHABILITATION RESEARCH: RESEARCH FELLOWSHIPS
34 CFR 355.32 Subpart A -- General
Sec.
356.1 What is the Research Fellowships Program?
356.2 Who is eligible for assistance under this program?
356.3 What regulations apply to this program?
356.4 What definitions apply to this program?
34 CFR 355.32 Subpart B -- What Kinds of Activities Does the Department
Support Under This Program?
356.10 What types of activities are authorized?
356.11 What types of problems may be researched under the fellowship
program?
34 CFR 355.32 Subpart C -- How Does One Apply for Assistance Under This
Program?
356.20 What are the application procedures under this part?
356.21 What is the fellowship review process?
34 CFR 355.32 Subpart D -- How Does the Secretary Select a Fellow?
356.30 What selection criteria are used for this program?
356.31 How does the Secretary evaluate an application under this
part?
356.32 What are the special considerations in selecting applications
for funding under this part?
34 CFR 355.32 Subpart E -- What Conditions Have to be Met by a Fellow?
356.40 What is the length of a fellowship award?
356.41 What are the employment limitations during a fellowship
period?
356.42 What acknowledgement of support is required?
34 CFR 355.32 Subpart F -- What Are the Administrative Responsibilities
of a Fellow?
356.50 What kinds of payments are allowed under this program?
356.51 What reports are required?
356.52 Are there other requirements?
Authority: 29 U.S.C. 761a(d), unless otherwise noted.
Source: 46 FR 45312, Sept. 10, 1981, unless otherwise noted.
34 CFR 355.32 Subpart A -- General
34 CFR 356.1 What is the Research Fellowships Program?
The purpose of this program is to build research capacity by
providing support to highly qualified individuals to perform research on
the rehabilitation of disabled persons.
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984)
34 CFR 356.2 Who is eligible for assistance under this program?
(a) Only individuals are eligible to be recipients of Fellowships.
(b) Any individual is eligible for assistance under this program who
has training and experience that indicate a potential for engaging in
scientific research related to the solution of rehabilitation problems
of handicapped persons.
(c) This program provides two categories of Fellowships: Merit
Fellowships and Distinguished Fellowships.
(1) To be eligible for a Distinguished Fellowship, an individual must
have seven or more years of research experience in subject areas,
methods, or techniques relevant to rehabilitation research and must have
a doctorate, other terminal degree, or comparable academic
qualifications.
(2) The Secretary awards Merit Fellowships to individuals in earlier
stages of their careers in research. To be eligible for a Merit
Fellowship, an individual must have either advanced professional
training or experience in independent study in an area which is directly
pertinent to disability and rehabilitation.
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984)
34 CFR 356.3 What regulations apply to this program?
The following regulations apply to this program:
(a) The peer review requirements contained in 34 CFR 350.31-350.32.
(b) The regulations in this part -- 34 CFR part 356; and
(c)(1) The regulations in 34 CFR part 97, PROTECTION OF HUMAN
SUBJECTS, except 97.107(a).
(2) Each Institutional Review Board (IRB) established under part 97
must have at least five members, with varying backgrounds to promote
complete and adequate review of research activities commonly conducted
by the institution. The IRB must be sufficiently qualified through the
experience and expertise of its members, and the diversity of the
members, including consideration of race, gender, and cultural
backgrounds, and sensitivity to such issues as community attitudes, to
promote respect for its advice and counsel in safeguarding the rights
and welfare of human subjects. In addition to possessing the
professional competence necessary to review specific research
activities, the IRB must be able to ascertain the acceptability of
proposed research in terms of institutional commitments and regulations,
applicable law, and standards of professional conduct and practice. The
IRB must therefore include persons knowledgeable in these areas. When
an IRB reviews research that purposefully requires inclusion of
handicapped children or mentally disabled persons as research subjects,
the IRB must include at least one person primarily concerned with the
welfare of these research subjects. If an IRB regularly reviews another
vulnerable category of subjects, such as non-handicapped children,
prisoners, pregnant women, or handicapped adults, consideration must
also be given to the inclusion of one or more individuals who are
knowledgeable about and experienced in working with these subjects.
(Authority: 29 U.S.C. 761a(d), 42 U.S.C. 300v-1(b))
(46 FR 45312, Sept. 10, 1981, as amended at 56 FR 28031, June 18,
1991)
34 CFR 356.4 What definitions apply to this program?
The definitions listed in 34 CFR 350.4 apply to this program.
(Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)))
34 CFR 356.4 Subpart B -- What Kinds of Activities Does the Department Support Under This Program?
34 CFR 356.10 What types of activities are authorized?
(a) Fellows may conduct original research in any area authorized by
section 204 of the Act.
(b) Each year the Secretary may determine that research is needed in
certain areas authorized under section 204 of the Act and may set aside
funds to provide fellowship assistance for research in these specific
areas. The Secretary publishes the selected priorities, if any, in a
notice in the Federal Register.
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984)
34 CFR 356.11 What types of problems may be researched under the
fellowship program?
Problems encountered by handicapped persons in their daily lives that
are due to the presence of handicapping condition, problems associated
with the provision of rehabilitation services to handicapped persons,
and problems connected with the conduct of handicapped research may be
addressed under this program.
(Authority: Sec. 202(d), 202(g)(1), 204; (29 U.S.C. 761a(d),
761a(g)(1), 762))
34 CFR 356.11 Subpart C -- How Does One Apply for Assistance Under This Program?
34 CFR 356.20 What are the application procedures under this part?
From time to time the Secretary will publish in the Federal Register
an Application Notice that announces the availability of fellowship
assistance under this part.
(Authority: Sec. 202(d); (29 U.S.C. 761a(d)))
34 CFR 356.21 What is the fellowship review process?
The Secretary reviews applications for Fellowships in accordance with
the peer review requirements governing grants in 34 CFR 350.31 and
350.32 and the selection criteria contained in 356.30.
(Approved by the Office of Management and Budget under control number
1800-0027)
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984)
34 CFR 356.21 Subpart D -- How Does the Secretary Select a Fellow?
34 CFR 356.30 What selection criteria are used for this program?
The Secretary evaluates an application for a Fellowship on the basis
of --
(a) Quality and level of formal education, previous work experience,
and recommendations of present or former supervisors or colleagues that
include an indication of the applicant's ability to work creatively in
scientific research; and
(b) The quality of a research proposal of no more than 12 pages
containing the following information:
(1) The importance of the problem to be investigated to the purpose
of the Act and the mission of the Institute.
(2) The research hypotheses or related objectives and the methodology
and design to be followed.
(3) Assurance of the availability of any necessary data resources,
equipment, or institutional support, including technical consultation
and support where appropriate, required to carry out the proposed
activity.
(Approved by the Office of Management and Budget under control number
1800-0027)
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984, as amended at 52 FR 30065, Aug. 12,
1987)
34 CFR 356.31 How does the Secretary evaluate an application under this
part?
The Secretary awards the following points for each application based
on how well the applicant addresses the two criteria in 356.30:
Outstanding (5); Superior (4); Satisfactory (3); Marginal (2); Poor
(1).
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984)
34 CFR 356.32 What are the special considerations in selecting
applications for funding under this part?
(a) The Secretary reserves funds to support some or all of the
applications which have been awarded a rating of superior or better (4-5
points) under 356.31.
(b) In making a final selection of applicants to support under this
program, the Secretary considers the extent to which applicants rated
outstanding or superior present a unique opportunity to effect a major
advance in knowledge, address critical problems in innovative ways,
present proposals which are consistent with the Institute's Long-Range
Plan, build research capacity within the field, or complement and
significantly increases the potential value of already planned research
and related activities.
(Approved by the Office of Management and Budget under control number
1800-0027)
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984, as amended at 52 FR 30065, Aug. 12,
1987)
34 CFR 356.32 Subpart E -- What Conditions Have To Be Met by a Fellow?
34 CFR 356.40 What is the length of a Fellowship award?
The Secretary awards Fellowships for a period of 12 months. Under
exceptional circumstances, the Secretary may extend the period of a
Fellowship; such an extension may not exceed 12 months.
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984)
34 CFR 356.41 What are the employment limitations during a fellowship
period?
The Secretary may require a research fellow to work full time on
authorized fellowship activities.
(Authority: Sec. 202(d); (29 U.S.C. 761a(d)))
34 CFR 356.42 What acknowledgement of support is required?
Publication, distribution, and disposition of all manuscripts and
other materials resulting from a fellowship awarded under this part must
acknowledge that assistance was received from the Department and the
Institute. Three copies of these publications or other materials must
be furnished to the Secretary.
(Authority: Sec. 202(d); (29 U.S.C. 761a(d)))
34 CFR 356.42 Subpart F -- What are the Administrative Responsibilities of a Fellow?
34 CFR 356.50 What kinds of payments are allowed under this program?
A Fellowship award in either the Distinguished or Merit category
includes a fixed stipend and a flat rate allowance for research and
research-related expenses including travel expenses.
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984)
34 CFR 356.51 What reports are required?
Fellows shall submit final reports. Each report must contain at a
minimum an analysis of the significance of the project and an assessment
of the degree to which the objectives of the project have been achieved.
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984)
34 CFR 356.52 Are there other requirements?
The Secretary may require fellows to attend one or more meetings in
connection with Fellowship activities.
(Authority: Sec. 202(d); 29 U.S.C. 761a(d))
(49 FR 24979, June 18, 1984)
34 CFR 356.52 PART 357 -- DISABILITY AND REHABILITATION RESEARCH: FIELD-INITIATED PROJECTS
34 CFR 356.52 Subpart A -- General
Sec.
357.1 What is the field-initiated projects program?
357.2 Who is eligible for assistance under this program?
357.3 What regulations apply to this program?
357.4 What definitions apply to this program?
34 CFR 356.52 Subpart B -- What Kinds of Activities Does the Department
Support Under This Program?
357.10 What types of projects are authorized under this program?
34 CFR 356.52 Subpart C -- (Reserved)
34 CFR 356.52 Subpart D -- How Does the Secretary Make a Grant?
357.30 How is peer review conducted under this program?
357.31 How does the Secretary evaluate an application under this
program?
357.32 How does the Secretary evaluate an application under this
program?
357.33 What are the priorities for funding under this program?
Authority: 29 U.S.C 760-762, unless otherwise noted.
Source: 49 FR 9326, Mar. 12, 1984, unless otherwise noted.
34 CFR 356.52 Subpart A -- General
34 CFR 357.1 What is the field-initiated projects program?
This program is designed --
(a) To encourage eligible parties to originate valuable ideas for
research and demonstration, development, or knowledge dissemination
projects to further the purposes of the Institute; and
(b) To support research and demonstration, development, or knowledge
dissemination projects as described in 357.10, that address important
activities not supported by Institute-funded research or that complement
that research in a promising way.
(Authority: Secs. 200(1); 202(i)(1); 204; 29 U.S.C. 760(1),
761(a)(1), 762)
(53 FR 24245, June 27, 1988)
34 CFR 357.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible to apply under this program
are described in 34 CFR 350.2.
(Authority: Sec. 204; (29 U.S.C. 762))
34 CFR 357.3 What regulations apply to this program?
The regulations referenced in 34 CFR 350.3 apply to this program.
(Authority: Secs. 202 and 204; 29 U.S.C 761a, 762)
34 CFR 357.4 What definitions apply to this program?
The definitions listed in 34 CFR 350.4 apply to this program.
(Authority: Sec. 202(i) (1); (29 U.S.C. 761a(i)(1)))
34 CFR 357.4 Subpart B -- What Kinds of Activities Does the Department Support Under This Program?
34 CFR 357.10 What types of projects are authorized under this program?
The following types of projects may be funded under this program:
(a) Research and demonstration projects, including --
(1) Scientific investigations into the nature of disability and its
prevalence and distribution;
(2) Methods of analyzing disability;
(3) Techniques and devices for habilitation, rehabilitation, and
restoration of physical, emotional, cognitive, communicative,
vocational, and social functioning;
(4) Analyses of social, economic, industrial, geographic, and
demographic factors affecting disability and rehabilitation;
(5) Studies of architectural, administrative, employment, and
transportation barriers and other problems encountered by individuals
with disabilities in their daily lives; and
(6) General scientific and technological inquiries to develop methods
and devices to enable persons with disabilities to live with maximum
independence, and other comparable research and demonstration
activities.
(b) Knowledge dissemination projects related to the dissemination and
utilization of new knowledge in disability and rehabilitation, including
--
(1) Studies of the most effective means to disseminate new knowledge
to disabled consumers and service providers;
(2) Controlled demonstrations of selected techniques to encourage the
utilization of new knowledge; and
(3) Studies to develop and test new curricula to train service
providers in specific clinical or service skills or in the management of
services.
(c) Development projects to --
(1) Design and develop new devices or techniques to assist
individuals with disabilities to engage in activities of daily living;
(2) Fabricate prototype devices;
(3) Evaluate prototypes and other important but untested devices in
clinical and daily living settings;
(4) Develop standards for assistive devices; and
(5) Develop techniques to promote the manufacture, evaluation, and
distribution of new devices.
(Authority: Secs. 202(e) and 202(i)(1); 29 U.S.C. 761a(e) and
761a(i)(1))
(53 FR 24245, June 27, 1988)
34 CFR 357.10 Subpart C -- (Reserved)
34 CFR 357.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 357.30 How is peer review conducted under this program?
Peer review is conducted under this program in accordance with 34 CFR
350.30-350.32.
(Sec. 202(e); (29 U.S.C 761a(e)))
34 CFR 357.31 How does the Secretary evaluate an application under this
program?
The Secretary evaluates an application under this program for
scientific merit on the basis of the selection criteria in 357.32, and
according to the procedures in 350.33.
(Approved by the Office of Management and Budget under control number
1820-0027)
(Authority: Secs. 202(e) and 202(i)(1); (29 U.S.C. 761a(e) and
761a(i)(1)))
34 CFR 357.32 How does the Secretary evaluate an application under this
program?
(a) Importance of the problem. (20 points) The Secretary reviews
each application to determine the extent to which --
(1) The proposed project addresses a problem that is significant to
persons with disabilities or to those who provide services to them; and
(2) The proposed project is likely to produce new and useful
knowledge, techniques, or devices that will develop or disseminate
solutions to problems confronting persons with disabilities.
(b) Design of the project. (45 points) (1) The Secretary reviews
each application for a research and demonstration project to determine
the extent to which --
(i) The review of the literature is appropriate and indicates
familiarity with the relevant current research;
(ii) The research hypotheses are theoretically sound and based on
current knowledge;
(iii) The sample populations are adequate and appropriately selected;
(iv) The data collection instruments and methods are appropriate and
likely to be successful;
(v) The data analysis measures are appropriate; and
(vi) The application discusses the anticipated research results and
demonstrates how those results would satisfy the original hypotheses.
(2) The Secretary reviews each application for a knowledge
dissemination project to determine the extent to which --
(i) The need for the information has been demonstrated;
(ii) The target populations are appropriately specified;
(iii) The dissemination methods are appropriate to the target
populations;
(iv) The materials for dissemination are prepared in media accessible
to the target population;
(v) There are adequate means of documenting and evaluating the
effectiveness of the dissemination activity.
(3) The Secretary reviews each application for a development project
to determine the extent to which --
(i) The proposed project will use the most effective and appropriate
technology available in developing the new device or technique;
(ii) The proposed development is based on a sound conceptual model
that demonstrates an awareness of the state-of-the-art in technology;
(iii) Devices or techniques will be developed and tested in an
appropriate environment;
(iv) The applicant considers the cost-effectiveness and usefulness of
the device or technique to be developed for persons with disabilities;
and
(v) The applicant discusses the potential for commercial or private
manufacture, marketing, and distribution of the product.
(c) Personnel. (20 points) The Secretary reviews each application to
determine the extent to which --
(1) The key personnel have adequate training and experience in the
required disciplines to conduct the proposed activities;
(2) The allotment of staff time is adequate to accomplish the
proposed activities; and
(3) The applicant ensures that personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition.
(d) Management and evaluation. (15 points) The Secretary reviews
each application to determine the extent to which --
(1) The resources of the applicant are adequate, appropriate, and
accessible to individuals with disabilities;
(2) The proposed budget is adequate and appropriate for the
activities to be carried out;
(3) There is a plan, appropriate to the type of field-initiated
project, to evaluate the effectiveness of the project in accomplishing
its goals and objectives;
(4) The applicant provides a plan of operations, appropriate to the
type of field-initiated project, indicating that it will achieve the
project objectives in a timely and effective manner; and
(5) Appropriate collaboration with other agencies is assured.
(Approved by the Office of Management and Budget under Control Number
1820-0027)
(Authority: Secs. 202(e) and 202(i)(1); 29 U.S.C. 761a(e) and
761a(i)(1))
(53 FR 24246, June 27, 1988)
34 CFR 357.33 What are the priorities for funding under this program?
(a) The Secretary reserves funds to support some or all of the
proposals which have been awarded a rating of 80 points or more under
the procedures described in 357.31.
(b) In making a final selection of proposals to support under this
program, the Secretary will consider the extent to which proposals that
have been awarded a rating of 80 points or more meet one or more of the
following conditions:
(1) The proposed project represents a unique opportunity to advance
rehabilitation knowledge to improve the lives of individuals with
disabilities.
(2) The proposed project complements research already planned or
funded by the Institute through annual priorities published in the
Federal Register or addresses that research in a new and promising way.
(Authority: Secs. 202(g) and 202(i)(1); (29 U.S.C. 761a(g) and
761a(i)(1))
(49 FR 9326, Mar. 12, 1984, as amended at 53 FR 24245, June 27, 1988)
34 CFR 357.33 PART 358 -- DISABILITY AND REHABILITATION RESEARCH: INNOVATION GRANTS PROGRAM
34 CFR 357.33 Subpart A -- General
Sec.
358.1 What is the Innovation Grants program?
358.2 Who is eligible for assistance under this program?
358.3 What regulations apply to this program?
358.4 What definitions apply to this program?
358.5 -- 358.9 (Reserved)
34 CFR 357.33 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
358.10 What types of projects are authorized under this program?
358.11 -- 358.19 (Reserved)
34 CFR 357.33 Subpart C -- (Reserved)
34 CFR 357.33 Subpart D -- How Does the Secretary Make a Grant?
358.30 How is peer review conducted under this program?
358.31 How does the Secretary select applications for new grants?
358.32 What selection criteria does the Secretary use in reviewing
applications under this program?
358.33 What are the priorities for funding under this program?
358.34 What is the maximum amount of a grant for any fiscal year?
358.35 -- 358.39 (Reserved)
Authority: 29 U.S.C. 762(b)(13), unless otherwise noted.
Source: 50 FR 16674, Apr. 26, 1984, unless otherwise noted.
34 CFR 357.33 Subpart A -- General
34 CFR 358.1 What is the Innovation Grants program?
This program is designed to provide financial support to projects
that --
(a) Test new concepts and innovative ideas;
(b) Demonstrate research results of high potential benefits;
(c) Purchase and evaluate prototype aids and devices;
(d) Develop unique rehabilitation training curricula; and
(e) Respond to special initiatives of the Secretary, including
projects to conduct feasibility, planning, and evaluation studies,
conferences, and other activities to disseminate specific research
findings.
(Authority: Sec. 204(b)(13); 29 U.S.C. 762(b)(13))
34 CFR 358.2 Who is eligible for assistance under this program?
The agencies and organizations eligible to apply under this program
are described in 34 CFR 350.2
(Authority: Sec. 204; 29 U.S.C. 762)
34 CFR 358.3 What regulations apply to this program?
The regulations referenced in 34 CFR 350.3 apply to this program,
except for 34 CFR 75.217(c)-(e).
(Authority: Sec. 204; 29 U.S.C. 762)
34 CFR 358.4 What definitions apply to this program?
The definitions listed in 34 CFR 350.4 apply to this program.
(Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
358.5 -- 358.9 (Reserved)
34 CFR 358.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 358.10 What types of projects are authorized under this program?
The Innovation Grants program provides financial assistance for the
following types of projects:
(a) Research, demonstration, and related activities to test new
concepts and innovative ideas in rehabilitation of disabled individuals
or to demonstrate research results of high potential benefits.
(b) Research, demonstration, and related activities which are
responsive to special initiatives of the Secretary, are unique or
innovative, or could not be carried out in a timely manner under the
Institute's other programs.
(c) Projects to purchase and evaluate prototype aids and devices, or
to demonstrate innovative approaches to producing, testing, marketing,
and distributing selected aids and devices.
(d) Projects to develop and test unique rehabilitation training
curricula, including training for rehabilitation-related research as
well as any rehabilitation-related services.
(e) Research, demonstration, or development projects, feasibility
studies, planning activities, evaluation studies dissemination of
information, conferences, surveys or statistical analyses, or policy
studies in areas concerned with improved rehabilitation, especially
those which offer timely opportunities for high potential benefit or
which must be conducted expeditiously if their potential benefits are to
be realized.
(Authority: Sec. 204(b)(13); 29 U.S.C. 762(b)(13))
358.11 -- 358.19 (Reserved)
34 CFR 358.10 Subpart C -- (Reserved)
34 CFR 358.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 358.30 How is peer review conducted under this program?
(a) The Secretary may, at any time, convene a peer review panel to
review an application received in response to an application notice.
(b) Peer review is conducted under this program in accordance with 34
CFR 350.30-350.32, using the selection criteria in 358.32.
(Authority: Secs. 202(e) and 204(b)(13); 29 U.S.C. 761a(e) and
762(b)(13))
34 CFR 358.31 How does the Secretary select applications for new
grants?
(a) After the peer review panel evaluates an application, the
Secretary reviews and selects an application on the basis of --
(1) Scientific and technical merit, in accordance with the selection
criteria in 358.32;
(2) The priorities in 358.33, if appropriate; and
(3) Any other requirement that applies to the selection of
applications for new grants.
(b) In selecting an application for a new grant, the Secretary may
consider the following:
(1) The information in the application.
(2) The evaluation of the application by the peer review panel.
(3) Any other information relevant to a criterion, priority, or other
requirement that applies to the selection of applications for new
grants.
(c) (1) The Secretary may, at any time, select an application for
funding under this part.
(2) If the Secretary does not select an application for funding when
it is reviewed under this section, the Secretary may select it for
funding at a later date in the same fiscal year.
(Approved by the Office of Management and Budget under control number
1820-0027)
(Authority: Secs. 202(e) and 202(i)(1); 29 U.S.C. 761a(e) and
761a(i)(1))
34 CFR 358.32 What selection criteria does the Secretary use in
reviewing applications under this program?
The Secretary uses the criteria in this section to evaluate
applications under this program. The maximum score for all the criteria
is 100 points.
(a) Importance of the project (50 points). The Secretary reviews
each application to determine to what degree the proposed activity will
address a significant need of the target population and will meet the
purposes of this part.
(b) Project design or methodology (25 points). The Secretary reviews
each application to determine to what degree the underlying hypothesis
or conceptual model is sound; the project design is likely to achieve
the desired objectives; and the evaluation plan is appropriate.
(c) Plan of operation (25 points). The Secretary reviews each
application to determine the extent to which the qualifications and
background of the key personnel, the management and financial plan, and
the capability and resources of the applicant organization demonstrate
that the applicant will be able to carry out the proposed project.
(Authority: Sec. 204(b)(13); 29 U.S.C. 762(b)(13))
34 CFR 358.33 What are the priorities for funding under this program?
The Secretary may give priority to applications that have been
awarded a rating of 60 points or more under 358.32 and meet one or both
of the following conditions:
(a) The proposed project represents a unique opportunity to conduct
research, demonstrate, evaluate, disseminate, train, or prepare for
advances in knowledge to improve rehabilitation services to disabled
persons.
(b) The proposed project is particularly pertinent to rehabilitation
needs at that time and is likely to contribute important knowledge in a
timely manner.
(Authority: Sec. 204(b)(13); 29 U.S.C. 762(b)(13))
34 CFR 358.34 What is the maximum amount of a grant for any fiscal
year?
The maximum amount of a grant under this program for any fiscal year
is $50,000.
(Authority: Sec. 204(b)(13); 29 U.S.C. 762(b)(13))
358.35 -- 358.39 (Reserved)
34 CFR 358.34 PART 359 -- DISABILITY AND REHABILITATION RESEARCH: SPECIAL PROJECTS AND DEMONSTRATIONS FOR SPINAL CORD INJURIES
34 CFR 358.34 Subpart A -- General
Sec.
359.1 What is the Special Projects and Demonstrations for Spinal Cord
njuries program?
359.2 Who is eligible for assistance under this program?
359.3 What regulations apply to this program?
359.4 What definitions apply to this program?
359.5 -- 359.9 (Reserved)
34 CFR 358.34 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
359.10 What types of projects are authorized under this program?
359.11 What activities must each recipient carry out under this
program?
359.12 -- 359.19 (Reserved)
34 CFR 358.34 Subpart C -- (Reserved)
34 CFR 358.34 Subpart D -- How Does the Secretary Make A Grant?
359.30 How is peer review conducted under this program?
359.31 What selection criteria does the Secretary use in reviewing
applications under this program?
359.32 What additional factors does the Secretary consider in making
a grant under this program?
359.33 -- 359.39 (Reserved)
Authority: 29 U.S.C. 777a(a), unless otherwise noted.
Source: 50 FR 16676, Apr. 26, 1985, unless otherwise noted.
34 CFR 358.34 Subpart A -- General
34 CFR 359.1 What is the Special Projects and Demonstrations for Spinal
Cord Injuries Program?
This program provides assistance to establish innovative projects for
the delivery, demonstration, and evaluation of comprehensive medical,
vocational, and other rehabilitation services to meet the wide range of
needs of individuals with spinal cord injuries.
(Authority: Sec. 311(a); 29 U.S.C. 777a(a))
34 CFR 359.2 Who is eligible for assistance under this program?
Public and other nonprofit agencies and organizations are eligible to
apply for assistance under this program.
(Authority: Sec. 311(a); 29 U.S.C. 777a(a))
34 CFR 359.3 What regulations apply to this program?
The regulations referenced in 34 CFR 350.3 apply to this program.
(Authority: Secs. 202(i)(1) and 311(a); 29 U.S.C. 761a(i)(1) and
777a(a))
34 CFR 359.4 What definitions apply to this program?
The definitions listed in 34 CFR 350.4 apply to this program.
(Authority: Secs. 202(i)(1) and 311(a); 29 U.S.C. 761(i)(1) and
777a(a))
359.5 -- 359.9 (Reserved)
34 CFR 359.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 359.10 What types of projects are authorized under this program?
This program provides assistance for demonstration projects that --
(a) Provide comprehensive rehabilitation services to individuals with
spinal cord injuries; and
(b) Conduct spinal cord research, including clinical research and the
analysis of standardized data in collaboration with other related
projects.
(Authority: Sec. 311(a) of the Act; 29 U.S.C. 777a(a))
34 CFR 359.11 What activities must each recipient carry out under this
program?
Each recipient, whether administering a project separately under this
part or in coordination with other activities supported under Title II
of the Act, shall --
(a) Establish a multidisciplinary system of providing rehabilitation
services specifically designed to meet the special needs of individuals
with spinal cord injuries, including emergency medical services, acute
care, vocational and other rehabilitation services, community and job
placement, and long-term community follow up and health maintenance.
The system must be established on an appropriate geographical basis that
reflects patterns of patient flow, and must be administered in close
coordination with similar programs of the Veterans Administration, the
National Institutes of Health, and other public and private agencies and
institutions where appropriate;
(b) Demonstrate and evaluate both the service and cost benefits of a
regional service system to those individuals with spinal cord injuries
who might be served within that system;
(c) Establish within the system a rehabilitation research environment
for the achievement of new knowledge leading to the reduction and
treatment of complications arising from spinal cord injury and the
development of new techniques of medical management and rehabilitation;
(d) Demonstrate and evaluate the development and application of
improved methods and equipment essential to the care, management, and
rehabilitation of individuals with spinal cord injury;
(e) Demonstrate methods of community outreach and education for
individuals with spinal cord injury in areas such as housing,
transportation, recreation, employment, and other community activities;
and
(f) Participate as directed by the Secretary in national studies of
the benefits of a spinal cord injury service system by contributing to a
national database and by other means as required by the Secretary.
(Authority: Sec. 311(b); 29 U.S.C. 777a(b))
359.12 -- 359.19 (Reserved)
34 CFR 359.11 Subpart C -- (Reserved)
34 CFR 359.11 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 359.30 How is peer review conducted under this program?
Peer review is conducted under this program in accordance with 34 CFR
350.30-350.32, using the selection criteria in 359.31.
(Authority: Sec. 202(e) and 311(a); 29 U.S.C. 761a(e) and 777a(a))
34 CFR 359.31 What selection criteria does the Secretary use in
reviewing applications under this program?
The Secretary uses the criteria in this section to evaluate
applications under this program. The maximum score for all the criteria
is 100 points.
(a) Project design (20 points). The Secretary reviews each
application to determine to what degree --
(1) There is a clear description of how the objectives of the project
relate to the purpose of the program;
(2) The research is likely to produce new and useful information;
(3) The need and target population are adequately defined;
(4) The outcomes are likely to benefit the defined target population;
(5) The research hypotheses are sound; and
(6) The research methodology is sound in the sample design and
selection, the data collection plan, the measurement instruments, and
the data analysis plan.
(b) Service comprehensiveness (20 points). The Secretary reviews
each application to determine to what degree --
(1) The services to be provided within the project are comprehensive
in scope, and include emergency medical services, intensive and acute
medical care, rehabilitation management, psychosocial and community
reintegration, and follow up;
(2) A broad range of vocational and other rehabilitation services
will be available to severely handicapped individuals within the
project; and
(3) Services will be coordinated with those services provided by
other appropriate community resources.
(c) Plan of operation (15 points). The Secretary reviews each
application to determine to what degree --
(1) There is an effective plan of operation that ensures proper and
efficient administration of the project;
(2) The applicant's planned use of its resources and personnel is
likely to achieve each objective;
(3) Collaboration between institutions, if proposed, is likely to be
effective; and
(4) There is a clear description of how the applicant will include
eligible project participants who have been traditionally
underrepresented, such as --
(i) Members of racial or ethnic minority groups;
(ii) Women;
(iii) Handicapped persons; and
(iv) The elderly.
(d) Quality of key personnel (10 points). The Secretary reviews each
application to determine to what degree --
(1) The principal investigator and other key staff have adequate
training or experience, or both, in spinal cord injury care and
rehabilitation and demonstrate appropriate potential to conduct the
proposed research, demonstration, training, development, or
dissemination activity;
(2) The principal investigator and other key staff are familiar with
pertinent literature or methods, or both;
(3) All the disciplines necessary to establish the multidisciplinary
system described in 359.11(a) are effectively represented;
(4) Commitments of staff time are adequate for the project; and
(5) The applicant is likely, as part of its non-discriminatory
employment practices, to encourage applications for employment from
persons who are members of groups that traditionally have been
underrepresented, such as --
(i) Members of racial or ethnic minority groups;
(ii) Women;
(iii) Handicapped persons; and
(iv) The elderly.
(e) Adequacy of resources (10 points). The Secretary reviews each
application to determine to what degree --
(1) The facilities planned for use are adequate;
(2) The equipment and supplies planned for use are adequate; and
(3) The commitment of the applicant to provide administrative and
other necessary support is evident.
(f) Budget/cost effectiveness (10 points). The Secretary reviews
each application to determine to what degree --
(1) The budget for the project is adequate to support the activities;
(2) The costs are reasonable in relation to the objectives of the
project; and
(3) The budget for subcontracts (if required) is detailed and
appropriate.
(g) Dissemination/utilization (5 points). The Secretary reviews each
application to determine to what degree --
(1) There is a clearly defined plan for dissemination and utilization
of project findings;
(2) The research results are likely to become available to others
working in the field;
(3) The means to disseminate and promote utilization by others are
defined; and
(4) The utilization approach is likely to address the defined need.
(h) Evaluation plan (10 points). The Secretary reviews each
application to determine to what degree --
(1) There is a mechanism to evaluate plans, progress and results;
(2) The evaluation methods and objectives are likely to produce data
that are quantifiable; and
(3) The evaluation results, where relevant, are likely to be assessed
in a service setting.
(Authority: Secs. 202(e) and 311(a); 29 U.S.C. 761a(e) and 777a(a))
34 CFR 359.32 What additional factors does the Secretary consider in
making a grant under this program?
In determining which applicants to fund under this program, the
Secretary also considers the proposed location of any project in order
to achieve, to the extent possible, a geographic distribution of
projects.
(Authority: Sec. 204(b)(3) of the Rehabilitation Act of 1973, as
amended; (29 U.S.C. 762(b)(3))
(52 FR 30066, Aug. 12, 1987)
359.33 -- 359.39 (Reserved)
34 CFR 359.32 PART 360 -- DISABILITY AND REHABILITATION RESEARCH: RESEARCH TRAINING AND CAREER DEVELOPMENT PROGRAM
34 CFR 359.32 Subpart A -- General
Sec.
360.1 What is the Research Training and Career Development Program?
360.2 Who is eligible for asssistance under this program?
360.3 What regulations apply to this program?
360.4 What definitions apply to this program?
34 CFR 359.32 Subpart B -- What Kinds of Activities Does the Department
Support Under This Program?
360.10 What types of projects are authorized under this program?
360.11 What types of activities are required under these projects?
34 CFR 359.32 Subpart C -- (Reserved)
34 CFR 359.32 Subpart D -- How Does the Secretary Make a Grant?
360.30 How is peer review conducted under this program?
360.31 What selection criteria are used under this program?
360.32 What are the priorities for funding under this program?
34 CFR 359.32 Subpart E -- What Conditions Must Be Met After an Award?
360.40 What is the required duration of the training?
360.41 What level of participation is required of trainees?
Authority: 29 U.S.C. 760-762, unless otherwise noted.
Source: 53 FR 23352, June 21, 1988, unless otherwise noted.
34 CFR 359.32 Subpart A -- General
34 CFR 360.1 What is the Research Training and Career Development
Program?
The purpose of this program is to expand capability in the field of
rehabilitation research by supporting projects that provide advanced
training in rehabilitation research.
(Authority: 29 U.S.C. 761a(k))
34 CFR 360.2 Who is eligible for assistance under this program?
Institutions of higher education are eligible to receive assistance
under this program.
(Authority: 29 U.S.C. 761(a)(k))
34 CFR 360.3 What regulations apply to this program?
The regulations referenced in 34 CFR 350.3 apply to this program.
(Authority: 29 U.S.C. 761a(i)(l))
34 CFR 360.4 What definitions apply to this program?
The definitions listed in 34 CFR 350.4 apply to this program.
(Authority: 29 U.S.C. 761a(i)(l))
34 CFR 360.4 Subpart B -- What Kinds of Activities Does the Department Support Under This Program?
34 CFR 360.10 What types of projects are authorized under this program?
The Research Training and Career Development Program provides
financial assistance for projects of advanced training in rehabilitation
research. These projects provide research training and experience at an
advanced level to individuals with doctorates or similar advanced
degrees who have clinical or other relevant experience, including
experience in management or basic science research, in fields pertinent
to rehabilitation in order to qualify those individuals to conduct
independent research on problems related to disability and
rehabilitation.
(Authority: 29 U.S.C. 761a(k))
34 CFR 360.11 What types of activities are required under these
projects?
Each project must include the following activities:
(a) Recruitment and selection of candidates for advanced research
training.
(b) Provision of a training program that includes didactic and
classroom instruction, is multidisciplinary, and emphasizes scientific
methodology, and that may involve collaboration among institutions.
(c) Provision of research experience, laboratory experience or its
equivalent in a community-based research setting, and a practicum that
involve each individual in clinical research and in practical activities
with organizations representing individuals with disabilities.
(d) Provision of academic mentorship or guidance, and opportunities
for scientific collaboration with qualified researchers at the host
university and other appropriate institutions.
(e) Opportunities for participation in the development of
professional presentations and publications, and for attendance at
professional conferences and meetings as appropriate for the
individual's field of study and level of experience.
(Authority: 29 U.S.C. 761(a)(k))
34 CFR 360.11 Subpart C -- (Reserved)
34 CFR 360.11 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 360.30 How is peer review conducted under this program?
Peer review is conducted under this program in accordance with 34 CFR
350.30-350.32.
(Authority: Sec. 202(e); 29 U.S.C. 761a(e))
34 CFR 360.31 What selection criteria are used under this program?
(a) Importance and potential contribution. (20 points) (Note: For
fiscal year 1988 only, the maximum number of points to be awarded under
this criterion is 10 points.) The Secretary reviews each application to
determine to what degree --
(1) The applicant is responsive to any priority established under
360.32;
(2) The applicant proposes to provide training in a rehabilitation
discipline or area of study in which there is a shortage of qualified
researchers, or to provide training to a trainee population in which
there is a need for more qualified researchers, such as clinicians in
rural areas, or clinicians who are directly experienced with underserved
populations; and
(3) The applicant is likely to make a significant increase in the
number of trained rehabilitation researchers.
(b) Quality of proposed training program. (40 points) The Secretary
reviews each application to determine to what degree --
(1) The applicant's proposed recruitment program is likely to be
effective in recruiting highly qualified trainees;
(2) The proposed didactic and classroom training programs emphasize
scientific methodology, are multidisciplinary, comprehensive, and
appropriate to the level of the trainees, and are likely to produce
qualified independent researchers;
(3) The quality and extent of the academic mentorship, guidance, and
supervision to be provided to each individual trainee are of a high
level and are likely to produce highly qualified researchers;
(4) The type, extent, and quality of the proposed clinical and
laboratory research experience, incuding the opportunity to participate
in research on meaningful topics at an advanced level, are likely to
develop individuals with the capacity to perform independent research;
and
(5) The opportunities for collegial and collaborative activities,
exposure to outstanding scientists in the field, and opportunities to
participate in the preparation of scholarly or scientific publications
and presentations are extensive and appropriate.
(c) Personnel and resources committed to the project. (30 points)
The Secertary evaluates each application to determine to what degree --
(1) The activities of the project will be implemented by sufficient
and qualified staff who are outstanding scientists in the field;
(2) The project director and other key staff are experienced in the
delivery of advanced research training as well as knowledgeable about
the methodology and literature of pertinent subject areas;
(3) All required disciplines are effectively included; and
(4) The applicant possesses the appropriate facilities, laboratories,
and access to clinical populations and organizations representing
persons with disabilities to support the conduct of advanced clinical
rehabilitation research.
(d) Management and operating plans. (10 points) (Note: For fiscal
year 1988 only, the maximum number of points to be awarded under this
criterion is 20 points.) The Secretary evaluates each application to
determine to what degree --
(1) There is an effective plan of operation that ensures proper and
efficient administration of the project;
(2) There is an effective plan for collaboration with other
institutions of higher education and organizations whose participation
is necessary to ensure effective classroom and clinical research
training;
(3) The applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected without regard to
race, color, national origin, gender, age, or handicapping condition;
(4) The applicant has provided an adequate plan for the use of
facilities, resources, supplies, and equipment;
(5) The budget for the project is reasonable and adequate to support
the proposed activities; and
(6) The applicant provides an appropriate plan for the evaluation of
all phases of the project.
(Approved by the Office of Management and Budget under Control Number
1820-0027)
(Authority: 29 U.S.C. 761a(e) and 76(a)(k))
34 CFR 360.32 What are the priorities for funding under this program?
(a) Each year, the Secretary may establish priorities to support
research training in one or more of the following areas of study:
(1) Medicine or medical specialties, such as physical medicine and
rehabilitation; neurology; orthopedics; otolaryngology;
rheumatology; psychiatry; family medicine; endocrinology;
pediatrics; podiatry; dentistry; urology; plastic and reconstructive
surgery; or maxillofacial prosthodontics.
(2) Allied health professions, such as physical therapy;
occupational therapy; nursing; audiology; speech pathology;
psychology; or recreational therapy.
(3) Engineering and rehabilitation technology fields, such as
prosthetics and orthotics; engineering; design; architecture;
computer applications; or biomechanics.
(4) Miscellaneous clinical or technical fields, such as
rehabilitation counseling; social work; law; social and behavioral
sciences; gerontology; or demographics.
(b) The Secreatary establishes any priorities under this section
through a notice in the Federal Register.
(Authority: 29 U.S.C. 760-762)
34 CFR 360.32 Subpart E -- What Conditions Must Be Met After an Award?
34 CFR 360.40 What is the required duration of the training?
A grantee shall provide training to individuals that is not less than
one academic year in duration, unless a longer training period is
required to ensure that each trainee is qualified to conduct independent
research upon completion of the course of training. (Note: For fiscal
year 1988 only, the minimum required training period is two academic
years.)
(Authority: 29 U.S.C. 760-762)
34 CFR 360.41 What level of participation is required of trainees?
Individuals who are receiving training under this program shall
devote a minimum of eighty percent of their time to the activities of
the training program during the training period.
(Authority: 29 U.S.C. 760-762)
34 CFR 360.41 Pt. 361
34 CFR 360.41 PART 361 -- THE STATE VOCATIONAL REHABILITATION SERVICES PROGRAM
34 CFR 360.41 Subpart A -- General
Sec.
361.1 The State vocational rehabilitation services program.
34 CFR 360.41 Subpart B -- State Plans for Vocational Rehabilitation
Services
361.2 The State plan: General requirements.
361.3 State plan approval.
361.4 Withholding of funds.
361.5 State agency for administration.
361.6 Organization of the State agency.
361.7 Designation of substitute State vocational rehabilitation
agency.
361.8 State unit director.
361.9 Local administration.
361.10 Methods of administration.
361.11 Shared funding and administration of special joint projects or
programs.
361.12 Waiver of Statewideness.
361.13 Cooperative programs involving funds from other public
agencies.
361.14 Staffing of the State's vocational rehabilitation program.
361.15 Affirmative action plan for individuals with handicaps.
361.16 Staff development.
361.17 State studies and evaluations.
361.18 State plan and other policy development consultation.
361.19 Cooperation with other public agencies.
361.20 Establishment and maintenance of information and referral
resources.
361.21 State plan for rehabilitation facilities.
361.22 Utilization of rehabilitation facilities.
361.23 Reports.
361.24 General administrative and fiscal requirements.
361.25 State-imposed requirements.
361.30 Processing referrals and applications.
361.31 Eligibility for vocational rehabilitation services.
361.32 Evaluation of vocational rehabilitation potential:
Preliminary diagnostic study.
361.33 Evaluation of vocational rehabilitation potential: Thorough
diagnostic study.
361.34 Extended evaluation to determine vocational rehabilitation
potential.
361.35 Certification: Eligibility, extended evaluation to determine
vocational rehabilitation potential; ineligibility.
361.36 Order of selection for services.
361.37 Services to civil employees of the United States.
361.38 Services to handicapped American Indians.
361.39 The case record for the individual.
361.40 The individualized written rehabilitation program:
Procedures.
361.41 The individualized written rehabilitation program: Content.
361.42 Scope of State unit program: Vocational rehabilitation
services for individuals.
361.43 Individuals determined to be rehabilitated.
361.44 Authorization of services.
361.45 Standards for facilities and providers of services.
361.46 Rates of payment.
361.47 Financial need; determination of the availability of
comparable services and benefits.
361.48 Review of rehabilitation counselor or coordinator
determinations.
361.49 Protection, use and release of personal information.
361.50 Scope of State unit program: Management services and
supervision for small business enterprises for individuals with severe
handicaps.
361.51 Scope of State unit program: Establishment of rehabilitation
facilities.
361.52 Scope of State unit program: Construction of rehabilitation
facilities.
361.53 Scope of State unit program: Facilities and services for
groups of individuals with handicaps.
361.54 Scope of State unit program: Telecommunications systems.
361.55 Scope of State unit program; special materials for blind
individuals and for deaf individuals.
361.56 Utilization of community resources.
361.57 Utilization of profitmaking organizations for on-the-job
training in connection with selected projects.
361.58 Periodic review of extended employment in rehabilitation
facilities.
34 CFR 360.41 Subpart C -- Financing of State Vocational Rehabilitation
Programs
361.70 Effect of State rules.
361.71 Vocational rehabilitation services to individuals.
361.72 Management services and supervision for small business
enterprises for individuals with severe handicaps.
361.73 Establishment of rehabilitation facilities.
361.74 Construction of rehabilitation facilities.
361.75 Other vocational rehabilitation services for the benefit of
groups of individuals with handicaps.
361.76 State and local funds.
361.77 Shared funding and administration of joint projects or
programs.
361.78 Waiver of Statewideness.
361.85 Allotment of Federal funds for vocational rehabilitation
services.
361.86 Payments for allotments for vocational rehabilitation
services.
361.87 Reallotment.
361.88 Method of computing and making payments.
361.89 Refunds.
361.90 Determining to which fiscal year expenditures are chargeable.
361.91 Audits.
361.92 Appeals procedures and expenditures settlement.
34 CFR 360.41 Subparts D -- E -- (Reserved)
34 CFR 360.41 Subpart F -- Grants for Innovation and Expansion of
Vocational Rehabilitation Services
361.150 Purpose.
361.151 Special project requirements.
361.152 Allotment of Federal funds.
361.153 Payments from allotments.
361.154 Methods of computing and making payments.
361.155 Reports.
34 CFR 360.41 Subpart G -- Procedures for Hearings on State Plan
Conformity and Compliance
361.170 General provisions.
361.171 How to request a hearing.
361.172 Hearing issues.
361.173 What the purpose of a hearing is.
361.174 Who presides.
361.175 How to be a party or an amicus curiae to a hearing.
361.176 What happens to a petition.
361.177 Rights of parties and amicus curiae.
361.178 Authority of presiding officer.
361.179 Discovery.
361.180 How evidence is handled.
361.181 What happens to unsponsored written material.
361.182 What the record is.
361.183 Posthearing briefs.
361.184 Decisions.
361.185 When a decision is effective.
361.186 How the State may appeal.
Authority: 29 U.S.C. 711(c), unless otherwise noted.
34 CFR 360.41 Subpart A -- General
34 CFR 361.1 The State vocational rehabilitation services program.
(a) General. Part 361 includes all requirements relative to the
conduct of State vocational rehabilitation service programs under State
plans for vocational rehabilitation services authorized under title I of
the Rehabilitation Act of 1973, as amended. Part 361 covers procedures
to be followed by a State vocational rehabilitation agency in submitting
a State plan for approval by the Secretary and the required scope and
content of an appropriate State plan. Part 361 also specifies those
costs under State plans for which Federal financial participation is
available.
(b) Regulations which apply to the State vocational rehabilitation
service program. The following regulations apply to the State plan for
vocational rehabilitation services program:
(1) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grants), part 76
(State-Administered Programs), part 77 (Definitions that Apply to
Department Regulations), part 78 (Education Appeal Board) except for
hearings under subpart G of part 361, and part 79 (Intergovernmental
Review of Department of Education Programs and Activities).
(2) The regulations in this part 361.
(3) The following regulations in 34 CFR part 363 (The State Supported
Employment Services Program): 363.54 and 363.55.
(c) Definitions which apply to the state vocational rehabilitation
service program. (1) The following terms used in this part 361 are
defined in 34 CFR part 77:
EDGAR
Fiscal year
Nonprofit
Private
Public
Secretary
State
Work of Art
(2) The following definitions also apply to this part 361:
Act means the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as
amended.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
American Indian means a person who is a member of an Indian tribe.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Blind or blind individual means a person who is blind within the
meaning of the law relating to vocational rehabilitation in each State.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Competitive work, as used in the definition of ''supported
employment,'' means work that at the time of transition is performed
weekly on a full-time basis or on a part-time basis, as determined in
each individualized written rehabilitation program, and for which an
individual is compensated consistent with the wage standards provided
for in the Fair Labor Standards Act.
Construction of a rehabilitation facility means:
(i) The construction of new buildings, the acquisition of existing
buildings, or the expansion, remodeling, alteration or renovation of
existing buildings which are to be utilized for rehabilitation facility
purposes; or
(ii) The acquisition of initial equipment of such new, newly
acquired, newly expanded, newly remodeled, newly altered or newly
renovated buildings.
(Authority: Sec. 7(1) of the Act; 29 U.S.C. 706(1))
Designated State unit or State unit means either:
(i) The State agency vocational rehabilitation bureau, division, or
other organizational unit which is primarily concerned with vocational
rehabilitation or vocational and other rehabilitation of individuals
with handicaps and which is responsible for the administration of the
vocational rehabilitation program of the State agency; or
(ii) The independent State commission, board, or other agency which
has vocational rehabilitation, or vocational and other rehabilitation as
its primary function.
(Authority: Sec. 7(3) of the Act; 29 U.S.C. 706(d))
Eligible or eligibility, when used in relation to an individual's
qualification for vocational rehabilitation services, refers to a
certification that:
(i) An individual has a physical or mental disability which for that
individual constitutes or results in a substantial handicap to
employment, and
(ii) Vocational rehabilitation services may reasonably be expected to
benefit the individual in terms of employability.
(Authority: Sec. 7(7) of the Act; 29 U.S.C. 706(7))
Employability means a determination that, with the provision of
vocational rehabilitation services, the individual is likely to enter or
retain, as a primary objective, full-time employment, or if appropriate,
part-time employment, consistent with the capacities or abilities of the
individual in the competitive labor market; the practice of a
profession; self-employment; homemaking; farm or family work
(including work for which payment is in kind rather than in cash);
sheltered employment; home-based employment; supported employment; or
other gainful work.
(Authority: Sec. 7(6) of the Act; 29 U.S.C. 706(6))
Establishment of a rehabilitation facility means;
(i) The acquisition, expansion, remodeling, or alteration of existing
buildings, necessary to adapt them or increase their effectiveness for
rehabilitation facility purposes;
(ii) The acquisition of initial or additional equipment for these
buildings essential for providing vocational rehabilitation services;
or
(iii) The initial or additional staffing of a rehabilitation facility
for a period, in the case of any individual staff person, not longer
than 4 years and 3 months.
(Authority: Sec. 7(4) of the Act; 29 U.S.C. 706(4))
Evaluation of vocational rehabilitation potential means, as
appropriate, in each case:
(i) A preliminary diagnostic study to determine that an individual is
eligible for vocational rehabilitation services;
(ii) A thorough diagnostic study consisting of a comprehensive
evaluation of pertinent factors bearing on the individual's handicap to
employment and vocational rehabilitation potential, in order to
determine which vocational rehabilitation services may be of benefit to
the individual in terms of employability;
(iii) Any other goods or services, including rehabilitation
engineering services, necessary to determine the nature of the handicap
and whether it may reasonably be expected that the individual can
benefit from vocational rehabilitation services in terms of
employability;
(iv) Referral to other agencies or organizations, when appropriate;
and
(v) The provision of vocational rehabilitation services to an
individual during an extended evaluation of rehabilitation potential for
the purpose of determining whether the individual is an individual with
handicaps for whom a vocational goal is feasible.
(Authority: Sec. 7(5) of the Act; 29 U.S.C. 706(5))
Extended services means on-going support services provided by a State
agency, a private non-profit organization or any other appropriate
resource, from funds other than funds received under this part, part
363, part 376, or part 380, after an individual with severe handicaps
has made the transition from State vocational rehabilitation agency
support.
(Authority: Section 635(b) of the Act; 29 U.S.C. 795n)
Extreme medical risk means a risk of substantially increasing
functional impairment or risk of death if medical services are not
provided expeditously.
(Authority: Sec. 101(a)(8) of the Act; 29 U.S.C. 721(a)(8))
Family member or member of the family means any relative by blood or
marriage of an individual with handicaps and other individual living in
the same household with whom the individual with handicaps has a close
interpersonal relationship.
(Authority: Sec. 103(a)(3) of the Act; 29 U.S.C. 723(a)(3))
Impartial hearing officer means an individual --
(i) Who is not an employee of a public agency that is involved in any
decision regarding the furnishing or denial of rehabilitation services
to a vocational rehabilitation applicant or client. An individual is
not an employee of a public agency solely because the individual is paid
by that agency to serve as a hearing officer;
(ii) Who has not been involved in previous decisions regarding the
vocational rehabilitation applicant or client;
(iii) Who has background and experience in, and knowledge of, the
delivery of vocational rehabilitation services; and
(iv) Who has no personal or financial interest that would be in
conflict with the individual's objectivity.
(Authority: Sec. 102(d) of the Act; 29 U.S.C. 722(d))
Indian tribe means any Federal or State Indian tribe, band,
rancheria, pueblo, colony, or community, including any Alaskan native
village or regional village corporation (as defined in or established
pursuant to the Alaska Native Claims Settlement Act).
(Authority: Sec. 7(21) of the Act; 29 U.S.C. 706(21))
Individual with handicaps, except in 361.15(b), 361.51(e), and
361.52(g) means an individual --
(i) Who has a physical or mental disability which for that individual
constitutes or results in a substantial handicap to employment; and
(ii) Who can reasonably be expected to benefit in terms of
employability from the provision of vocational rehabilitation services,
or for whom an extended evaluation of vocational rehabilitation
potential is necessary to determine whether the individual might
reasonably be expected to benefit in terms of employability from the
provision of vocational rehabilitation services.
(Authority: Sec. 7(8)(A) of the Act; 29 U.S.C. 706(8)(A))
Individual with handicaps, for purposes of 361.15(b), 361.51(e),
and 361.52(g), means an individual --
(i) Who has a physical or mental impairment which substantially
limits one or more major life activities;
(ii) Who has a record of such an impairment; or
(iii) Who is regarded as having such an impairment.
(Authority: Sec. 7(8)(B) of the Act; 29 U.S.C. 706(8)(B))
Individual with severe handicaps means an individual with handicaps
--
(i) Who has a severe physical or mental disability that seriously
limits one or more functional capacities (mobility, communication,
self-care, self-direction, inter-personal skills, work tolerance, or
work skills) in terms of employability;
(ii) Whose vocational rehabilitation can be expected to require
multiple vocational rehabilitation services over an extended period of
time; and
(iii) Who has one or more physical or mental disabilities resulting
from amputation, arthritis, autism, blindness, burn injury, cancer,
cerebral palsy, cystic fibrosis, deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental
retardation, mental illness, multiple sclerosis, muscular dystrophy,
musculo-skeletal disorders, neurological disorders (including stroke and
epilepsy), paraplegia, quadriplegia, other spinal cord conditions,
sickle cell anemia, specific learning disability, end-stage renal
disease, or another disability or combination of disabilities determined
on the basis of an evaluation of rehabilitation potential to cause
comparable substantial functional limitation.
(Authority: Sec. 7(15) of the Act; 29 U.S.C. 708(15))
Initial expenditure, as applied to the use of reallotted funds, means
obligations incurred by November 15 of the fiscal year subsequent to the
fiscal year from which the funds were reallotted.
(Authority: Sec. 110(c)(2) of the Act; 29 U.S.C. 730(c)(2))
Integrated work setting. (i) As used in the definition of
''supported employment,'' ''integrated work setting'' means job sites
where either --
(A) (1) Most employees are not handicapped; and
(2) An individual with a severe handicap interacts on a regular
basis, in the performance of job duties, with employees who are not
handicapped; and
(3) If an individual with a severe handicap is part of a distinct
work group of only individuals with handicaps, the work group consists
of no more than eight individuals; or
(B) If there are no other employees or the only other employees are
individuals who are part of a work group as described in paragraph
(i)(A)(3) of this definition, an individual with a severe handicap
interacts on a regular basis, in the performance of job duties, with
individuals who are not handicapped, including members of the general
public.
(ii) The interaction required by paragraphs (i)(A)(2) and (i)(B) of
this definition may not be satisfied by contact between an individual
with a severe handicap and individuals who provide on-going support
services at the job site.
Local agency means an agency of a unit of general local government or
of an Indian tribe (or combination of those units or tribes) that has
the sole responsibility under an agreement with the State agency to
conduct a vocational rehabilitation program in the locality under the
supervision of the State agency in accordance with the State plan.
(Authority: Sec. 7(9) of the Act; 29 U.S.C. 706(9))
On-going support services, as used in the definition of supported
employment, means services that are --
(i) Needed to support and maintain an individual with severe
handicaps in supported employment;
(ii) Based on a determination by the designated State unit of the
individual's needs as specified in an individualized written
rehabilitation program; and
(iii) Furnished by the designated State unit from the time of job
placement until transition to extended services, except as provided in
34 CFR 363.4(c)(3) and, following transition, by one or more extended
services providers throughout the individual's term of employment in a
particular job placement or multiple placements if those placements are
being provided under a program of transitional employment. On-going
support services must include, at a minimum, twice-monthly monitoring at
the work site of each individual in supported employment to assess
employment stability, unless the individualized written rehabilitation
program provides for off-site monitoring, and, based upon that
assessment, the coordination or provision of specific services, at or
away from the work site, that are needed to maintain employment
stability. If off-site monitoring is determined to be appropriate, it
must, at a minimum, consist of two meetings with the individual and one
contact with the employer each month.
Physical and mental restoration services means:
(i) Medical or corrective surgical treatment:
(ii) Diagnosis and treatment for mental or emotional disorders by a
physician skilled in the diagnosis and treatment of such disorders or by
a psychologist licensed or certified in accordance with State laws and
regulations;
(iii) Dentistry;
(iv) Nursing services;
(v) Necessary hospitalization (either inpatient or outpatient care)
in connection with surgery or treatment and clinic services;
(vi) Convalescent or nursing home care;
(vii) Drugs and supplies;
(viii) Prosthetic, orthotic or other assistive devices including
hearing aids, essential to obtaining or retaining employment;
(ix) Eyeglasses and visual services, including visual training, and
the examination and services necessary for the prescription and
provision of eyeglasses, contact lenses, microscopic lenses, telescopic
lenses, and other special visual aids, prescribed by a physician skilled
in diseases of the eye or by an optometrist, whichever the individual
may select;
(x) Podiatry;
(xi) Physical therapy;
(xii) Occupational therapy;
(xiii) Speech or hearing therapy;
(xiv) Psychological services;
(xv) Therapeutic recreation services;
(xvi) Medical or medically related social work services;
(xvii) Treatment of either acute or chronic medical complications and
emergencies which are associated with or arise out of the provision of
physical and mental restoration services; or which are inherent in the
condition under treatment;
(xviii) Special services for the treatment of individual suffering
from end-stage renal disease, including transplantation, dialysis,
artificial kidneys, and supplies; and
(xix) Other medical or medically related rehabilitation services
including art therapy, dance therapy, music therapy and psychodrama.
(Authority: Sec. 103(a)(4) of the Act; 29 U.S.C. 723(a)(4))
Physical or mental disability means a physical or mental condition
which materially limits, contributes to limiting or, if not corrected,
will probably result in limiting an individual's employment activities
or vocational functioning.
(Authority: Sec. 7(7)(A)(i) of the Act; 29 U.S.C. 706(7)(A)(i))
Rehabilitation engineering means the systematic application of
technologies, engineering methodologies, or scientific principles to
meet the needs of and address the barriers confronted by individuals
with handicaps in areas that include education, rehabilitation,
employment, transportation, independent living, and recreation.
(Authority: Sec. 7(12) of the Act; 29 U.S.C. 706(12))
Rehabilitation facility means a facility that is operated for the
primary purpose of providing vocational rehabilitation services to
individuals with handicaps and that provides singly or in combination
one or more of the following services to individuals with handicaps:
(i) Vocational rehabilitation services, including under one
management, medical, psychiatric, psychological, social, and vocational
services;
(ii) Testing, fitting, or training in the use of prosthetic and
orthotic devices;
(iii) Prevocational conditioning or recreational therapy;
(iv) Physical and occupational therapy;
(v) Speech and hearing therapy;
(vi) Psychiatric, psychological and social services;
(vii) Evaluation of rehabilitation potential;
(viii) Personal and work adjustment;
(ix) Vocational training with a view toward career advancement (in
combination with other rehabilitation services);
(x) Evaluation or control of specific disabilities;
(xi) Orientation and mobility services and other adjustment services
to blind individuals;
(xii) Transitional or extended employment for those individuals with
handicaps who cannot be readily absorbed in the competitive labor
market;
(xiii) Psychosocial rehabilitation services for individuals with
chronic mental illness; and
(xiv) Rehabilitation engineering services.
(Authority: Sec. 7(13) of the Act; 29 U.S.C. 706(13))
Reservation means a Federal or State Indian reservation, public
domain Indian allotment, former Indian reservation in Oklahoma, and land
held by incorporated Native groups, regional corporations and village
corporations under the provisions of the Alaska Native Claims Settlement
Act.
(Authority: Sec. 130(e) of the Act, 29 U.S.C. 750(e))
State agency means the sole State agency designated to administer (or
supervise local administration of) the State plan for vocational
rehabilitation services. The term includes the State agency for the
blind, if designated as the sole State agency with respect to that part
of the plan relating to the vocational rehabilitation of blind
individuals.
(Authority: Sec. 101(a)(1)(A) of the Act; 29 U.S.C. 721(a)(1)(A))
State plan means the State plan for vocational rehabilitation
services, or the vocational rehabilitation services part of a
consolidated rehabilitation plan under 361.2(d) of this part.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Substantial handicap to employment means that a physical or mental
disability (in light of attendant medical, psychological, vocational,
educational, and other related factors) impedes an individual's
occupational performance, by preventing the obtaining, retaining, or
preparing for employment consistent with the individual's capacities and
abilities.
(Authority: Secs. 7(7)(A)(i) and 12(c) of the Act; 29 U.S.C.
706(7)(A)(i) and 711(c))
Supported employment means --
(i) Competitive work in an integrated work setting with on-going
support services for individuals with severe handicaps for whom
competitive employment --
(A) Has not traditionally occurred; or
(B) Has been interrupted or intermittent as a result of severe
handicaps; or
(ii) Transitional employment for individuals with chronic mental
illness.
Time-limited services means on-going support services provided by the
designated State unit with funds under this part --
(i) For a period not to exceed 18 months, unless a longer period to
achieve job stabilization has been established in the individualized
written rehabilitation program, before an individual with severe
handicaps makes the transition to extended services; and
(ii) As discrete post-employment services following transition in
accordance with 34 CFR 363.4(c)(3).
(Authority: Section 635(c) of the Act; 29 U.S.C. 795n)
Transitional employment means a series of temporary job placements in
competitive work in an integrated work setting with on-going support
services for individuals with chronic mental illness. In transitional
employment, the provision of on-going support services must include
continuing sequential job placements until job permanency is achieved.
Vocational rehabilitation services when provided to an individual,
means those services listed in 361.42 of this part.
(Authority: Sec. 103(a) of the Act, 29 U.S.C. 723(a))
Vocational rehabilitation services when provided for the benefit of
groups of individuals, also means:
(i) In the case of any type of small business enterprise operated by
individuals with severe handicaps under the supervision of the State
unit, management services, and supervision and acquisition of vending
facilities or other equipment, and initial stocks and supplies;
(ii) The establishment of a rehabilitation facility;
(iii) The construction of a rehabilitation facility;
(iv) The provision of other facilities and services, including
services provided at rehabilitation facilities, which promise to
contribute substantially to the rehabilitation of a group of individuals
but which are not related directly to the individualized written
rehabilitation program of any one individual with handicaps;
(v) The use of existing telecommunications systems; and
(vi) The use of services providing recorded material for blind
persons and captioned films or video cassettes for deaf persons.
(Authority: Sec. 103(b) of the Act; 29 U.S.C. 723(b))
Workshop means a rehabilitation facility, or that part of a
rehabilitation facility, engaged in production or service operation for
the primary purpose of providing gainful employment as an interim step
in the rehabilition process for those who cannot be readily absorbed in
the competitive labor market or during such time as employment
opportunities for them in the competitive labor market do not exist.
(Authority: Secs. 7(11) and 12(c) of the Act; 29 U.S.C. 706(11) and
711(c))
(46 FR 5524, Jan. 19, 1981, as amended at 50 FR 38629, Sept. 23,
1985; 53 FR 16982, May 12, 1988; 57 FR 28440, June 24, 1992)
Effective Date Note: At 57 FR 28440, June 24, 1992, 361.1 was
amended by adding a new paragraph (b)(3) and paragraph (c)(2) was
amended by revising the definitions of ''Competitive work'',
''Integrated work setting'', and ''On-going support services'', by
removing the definition of ''Transitional employment for individuals
with chronic mental illness'' and adding, in its place, the definition
of ''Transitional employment'', and by adding in alphabetical order new
definitions of ''Extended services'' and ''Time-limited services'',
effective either 45 days after publication in the Federal Register or
later if Congress takes certain adjournments. The text remaining in
effect until further notice appears below.
361.1 The State vocational rehabilitation services program.
(c) * * *
(2) * * *
Competitive work, as used in the definition of ''Supported
employment,'' means work that is performed on a full-time basis or on a
part-time basis, averaging at least 20 hours per week for each pay
period, and for which an individual is compensated in accordance with
the Fair Labor Standards Act.
(Authority: Secs. 7(18) and 12(c) of the Act; 29 U.S.C. 706(18) and
711(c))
Integrated work setting, as used in the definition of ''Supported
employment,'' means job sites where --
(i)(A) Most co-workers are not handicapped; and
(B) Individuals with handicaps are not part of a work group of other
individuals with handicaps; or
(ii)(A) Most co-workers are not handicapped; and
(B) If a job site described in paragraph (i)(B) of this definition is
not possible, individuals with handicaps are part of a small work group
of not more than eight individuals with handicaps; or
(iii) If there are no co-workers or the only co-workers are members
of a small work group of not more than eight individuals, all of whom
have handicaps, individuals with handicaps have regular contact with
non-handicapped individuals, other than personnel providing support
services, in the immediate work setting.
(Authority: Secs. 7(18) and 12(c) of the Act; 29 U.S.C. 706(18) and
711(c))
On-going support services, as used in the definition of ''Supported
employment,'' means continuous or periodic job skill training services
provided at least twice monthly at the work site throughout the term of
employment to enable the individual to perform the work. The term also
includes other support services provided at or away from the work site,
such as transportation, personal care services, and counseling to family
members, if skill training services are also needed by, and provided to,
that individual at the work site.
(Authority: Secs. 7(18) and 12(c) of the Act; 29 U.S.C. 706(18) and
711(c))
Transitional employment for individuals with chronic mental illness,
as used in the definition of ''Supported employment,'' means competitive
work in an integrated work setting for individuals with chronic mental
illness who may need support services (but not necessarily job skills
training services) provided either at the work site or away from the
work site to perform the work. The job placement may not necessarily be
a permanent employment outcome for the individual.
(Authority: Secs. 7(18) and 12(c) of the Act; 29 U.S.C. 706(18) and
711(c))
34 CFR 361.1 Subpart B -- State Plans for Vocational Rehabilitation
Services
Source: 46 FR 5526, Jan. 19, 1981, unless otherwise noted.
34 CFR 361.1 State Plan Content: Administration
34 CFR 361.2 The State plan: General requirements.
(a) Purpose. In order for a State to be eligible for grants from the
allotment of funds under title I of the Act, it must submit an
approvable State plan covering a three-year period and meeting Federal
requirements. The State plan must provide for financial participation
by the State, or if the State chooses, by the State and local agencies
jointly, and must provide that it will be in effect in all political
subdivisions of the State, except as specifically provided in 361.11
(Shared funding and administration of special joint projects or
programs) and 361.12 (Waiver of Statewideness).
(b) Form and content. The State plan must contain, in the form
prescribed by the Secretary a description of the State's vocational
rehabilitation program, the plans and policies to be followed in
carrying out the program and other information requested by the
Secretary. The State plan must consist of:
(1) A part providing detailed commitments specified by the Secretary
that must be amended or reaffirmed every three years, including --
(i) A description of how rehabilitation engineering services will be
provided to assist an increasing number of individuals with handicaps;
(ii) A summary of the results of a comprehensive, Statewide
assessment of the rehabilitation needs of individuals with severe
handicaps residing within the State and the State's response to the
assessment; and
(iii) An acceptable plan under 34 CFR part 363.
(2) A part containing a fiscal year progammming description, based on
the findings of the continuing Statewide studies ( 361.17), the annual
evaluation of the effectiveness of the State's program ( 361.17) and
other pertinent reviews and studies. This annual programming
description must include:
(i) Changes in policy resulting from the continuing Statewide studies
and the annual evaluation of the effectiveness of the program;
(ii) Estimates of the number of individuals with handicaps who will
be served with funds provided under the Act;
(iii) A description of the methods used to expand and improve
services to those individuals who have the most severe handicaps,
including individuals served under 34 CFR part 363;
(iv) A justification for and description of the order of selection (
361.36) of individuals with handicaps to whom vocational rehabilitation
services will be provided (unless the designated State unit assures that
it is serving all eligible individuals with handicaps who apply);
(v) A description of the outcome and service goals to be achieved for
individuals with handicaps in each priority category within the order of
selection in effect in the State and the time within which these goals
may be achieved. These goals must include those objectives, established
by the State unit and consistent with those set by the Secretary in
instructions concerning the State plan, that are measurable in terms of
service expansion or program improvement in specified program areas, and
that the State unit plans to achieve during a specified period of time;
and
(vi) A description of the plans, policies, and methods to be followed
to assist in the transition from education to employment-related
activities, including a summary of the previous year's activities and
accomplishments.
(c) Separate part relating to rehabilitation of the blind. If a
separate State agency for the blind administers or supervises the
administration of that part of the State plan relating to the
rehabilitation of blind individuals, that part of the State plan must
meet all requirements applicable to a separate State plan.
(d) Consolidated rehabilitation plan. The State may choose to submit
a consolidated rehabilitation plan which includes the State plan for
vocational rehabilitation services and either the State plan for
independent living rehabilitation services or the State's plan for its
program for persons with developmental disabilities, or both. If the
State's plan for persons with developmental disabilities is included,
the State planning and advisory council for developmental disbilities
and the agency or agencies administering the State's program for persons
with developmental disabilities must have concurred in the submission of
the consolidated rehabilitation plan. A consolidated rehabilitation
plan must comply, and be administered in accordance with this Act and
the Developmental Disabilities Assistance and Bill of Rights Act, as
amended. The Secretary may approve the consolidated rehabilitation plan
to serve as the substitute for the separate plans which would otherwise
be required.
(e) Designation of a new State agency or a new State unit. Before
designating a new State agency or a new State unit, the chief
administrative officer of the State agency must assure the Secretary in
writing that the vocational rehabilitation program will continue to
operate in conformity with the most recent approved State plan, until a
new State plan is submitted. The State agency must submit a new State
plan within 90 days following the designation of a new State agency or a
new State unit.
(f) Transition to new State agency or State unit. When a new State
agency or a new State unit is designated under paragraph (e) of this
section, the State agency must turn over to that agency program and
financial records and other pertinent information and resources
necessary for the effective conduct of the vocational rehabilitation
program.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Secs. 6 and 101(a) of the Act; 29 U.S.C. 705 and
721(a))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16984, May 12, 1988;
53 FR 49145, Dec. 6, 1988)
34 CFR 361.3 State plan approval.
The State plan must be submitted for approval for each three-year
period no later than July 1 of the year preceding the first fiscal year
for which the State plan is submitted.
(Authority: Sec. 101(b) of the Act; 29 U.S.C. 721(b))
34 CFR 361.4 Withholding of funds.
(a) When withheld. Payments under sections 111 or 121 of the Act may
be withheld, suspended, or limited as provided by section 101(c) of the
Act, when after a reasonable notice and opportunity for hearing has been
given to the State agency, the Secretary finds that:
(1) The State plan has been so changed that it no longer conforms
with the requirements of section 101(a) of the Act, or
(2) In the administration of the State plan, there is a failure to
comply substantially with any provision of such plan.
(b) Notification to State agency. The State agency is notified of
the decision.
(c) Judicial review. The decision to withhold, suspend, or limit
payments described in paragraph (a) of this section may be appealed to
the U.S. Court of Appeals for the circuit in which the State is located,
in accordance with section 101(d) of the Act.
(d) Informal discussions. Hearings described in paragraph (a) of
this section are not called until after reasonable effort has been made
to resolve the questions involved by conference and discussion with
State officials.
(Authority: Secs. 101(c)(1) and 101(d) of the Act; 29 U.S.C.
721(c)(1) and 721(d))
34 CFR 361.5 State agency for administration.
(a) Designation of sole State agency. The State plan must designate
a State agency as the sole State agency to administer the State plan, or
to supervise its administration in a political subdivision of the State
by a sole local agency. In the case of American Samoa, the State plan
must designate the Governor; in the case of the Trust Territory of the
Pacific Islands, the State plan must designate the High Secretary.
(b) Sole State agency. The State plan must provide that the sole
State agency, except for American Samoa, and the Trust Territory of the
Pacific Islands, and except for a sole State agency for the blind as
specified in paragraph (c) of this section, must be:
(1) A State agency primarily concerned with vocational
rehabilitation, or vocational and other rehabilitation of individuals
with handicaps. This agency must be an independent State commission,
board, or other agency, which has as its major function vocational
rehabilitation, or vocational and other rehabilitation of individuals
with handicaps. The agency must have the authority, subject to the
supervision of the Office of Governor, when appropriate, to define the
scope of the vocational rehabilitation program within the provision of
State and Federal law, and to direct its administration without external
administrative controls; or
(2) The State agency administering or supervising the administration
of education or vocational education in the State; or
(3) A State agency which includes at least two other major
organizational units, each of which administers one or more of the
State's major programs of public education, public health, public
welfare, or labor.
(c) Sole State agency for the blind. Where the State commission for
the blind or other agency which provides assistance or services to the
blind is authorized under State law to provide vocational rehabilitation
services to blind individuals, this agency may be designated as the sole
State agency to administer the part of the plan under which vocational
rehabilitation services are provided for the blind or to supervise its
administration in a political subdivision of the State by a sole local
agency.
(d) Authority. The State plan must set forth the legal basis for
administration by sole local rehabilitation agencies, if applicable.
(e) Responsibility for administration. The State plan must assure
that all decisions affecting eligibility for, the nature and scope of
available vocational rehabilitation services, and the provision of these
services are made by the State agency through its designated State unit,
or by a designated vocational rehabilitation unit of a local agency
under the supervision of the designated State unit. This responsibility
may not be delegated to any other agency or individual.
(Authority: Secs. 101(a)(1) and 101(a)(2) of the Act; 29 U.S.C.
721(a)(1) and 721(a)(2))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.6 Organization of the State agency.
(a) Organization. The State plan must describe the organizational
structure of the State agency, including a description of organizational
units, the programs and functions assigned to each, and the
relationships among these units within the State agency. These
descriptions must be accompanied by organizational charts reflecting:
(1) The relationship of the State agency to the Governor and his or
her office and to other agencies administering major programs of public
education, public health, public welfare, or labor of parallel stature
within the State government; and
(2) The internal structure of the State agency and the designated
State unit, if applicable. The organizational structure must provide
for all the vocational rehabilitation functions for which the State
agency is responsible, and for clear lines of administrative and
supervisory authority.
(b) Designated State unit. Where the designated State agency is of
the type specified in 361.5(b) (2) or (3), or 361.5(c), the State plan
must assure that the agency (or each agency, where two agencies are
designated), includes a vocational rehabilitation bureau, division or
other organizational unit which:
(1) Is primarily concerned with vocational rehabilitation, or
vocational and other rehabilitation of individuals with handicaps, and
is responsible for the administration of the State agency's vocational
rehabilitation program, which includes the determination of eligibility
for; the determination of the nature and scope of; and the provision
of vocational rehabilitation services under the State plan;
(2) Has a full time director in accordance with 361.8; and
(3) Has a staff, all or almost all of whom are employed full time on
the rehabilitation work of the organizational unit.
(c) Location of designated State unit. (1) The State plan must
assure that the designated State unit, specified in paragraph (b) of
this section, is located at an organizational level and has an
organizational status within the State agency comparable to that of
other major organizational units of the agency, or in the case of an
agency described in 361.5(b)(2), the unit must be so located and have
that status, or the director of the unit must be the executive officer
of the State agency.
(2) In the case of a State which has not designated a separate State
agency for the blind as provided for in 361.5 the State may assign
responsibility for the part of the plan under which vocational
rehabilitation services are provided to blind individuals to one
organizational unit of the State agency and may assign responsibility
for the rest of the plan to another organizational unit of the agency,
with the provisions of paragraphs (b) and (c)(1) of this section
applying separately to each of these units.
(Authority: Sec. 101(a)(2) of the Act; 29 U.S.C. 721(a)(2))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.7 Designation of substitute State vocational rehabilitation
agency.
(a) General Provisions. (1) If the Secretary has withheld all
funding from a State under 361.4, designate another agency to
substitute for the State agency in carrying out the State's program of
vocational rehabilitation services. Funds are considered to be withheld
when a final administrative decision under 361.4 is in effect and funds
either are not granted to a State agency or are granted to the State
agency to enable it to operate the program on a temporary basis pending
the orderly transition of responsibility to a substitute agency.
(2) Any public agency or nonprofit organization or agency within the
State or any political subdivision of the State may apply for
designation as a substitute agency.
(3) To be eligible for designation as a substitute agency, the
applicant must submit a proposal for a substitute State plan which meets
the requirements of this part.
(4) The substitute State plan covers a three-year period or the
remaining portion of the period covered by the previously approved State
plan. The Secretary may not make a grant to a substitute agency until
he approve its plan.
(b) Proposal submittal. A proposal for submitting a substitute State
plan must be in the format required by the Secretary.
(c) Factors considered in evaluating proposals. In selecting a
substitute agency, the Secretary considers the following factors:
(1) The program and financial capacity of the applicant agency for
carrying out a program of vocational rehabilitation services, including
the source of funds to be contributed in order to match Federal funds;
(2) The organizational structure of the applicant agency;
(3) The qualifications to be required of the applicant agency staff;
and
(4) The extent to which the proposed State vocational rehabilitation
service program is comparable to the program which had been carried out
under the most recent previously approved State plan in the State.
(d) Review of proposals. In selecting a substitute agency, the
Secretary evaluates the relative merit of all proposals which are
submitted.
(e) Substitute agency matching share. The Secretary shall not make
any payment to the substitute agency unless it has provided assurances
that it will contribute the same proportion of the total amount of funds
as the State would have been obligated to contribute if the State agency
were carrying out the vocational rehabilitation service program.
(f) State agency re-designation. If the State agency changes its
State plan or agrees to change its administration of the plan to comply
with Federal requirements, the State agency is redesignated as the
agency to operate the vocational rehabilitation program. The State
agency resumes its operation of the program either at the end of the
three-year period for which the substitute State plan has been approved
or on any earlier date determined by the Secretary after agreement by
the substitute agency and the State agency.
(Authority: Sec. 101(c)(2) of the Act; 29 U.S.C. 721(c)(2))
34 CFR 361.8 State unit director.
The State plan must assure that there will be a full-time director
who directs the State agency specified in 361.5(b)(1) or the designated
State unit specified in 361.6(b).
(Authority: Sec. 101(a)(2)(A) of the Act; 29 U.S.C. 721(a)(2)(A))
34 CFR 361.9 Local administration.
(a) Scope of written agreement. The State plan must assure that any
local administration of the plan by a sole local agency is based on a
written agreement between the local agency and the designated State unit
with the concurrence of the State agency which:
(1) Indicates that the local agency will conduct a vocational
rehabilitation program through its designated unit under the supervision
of the designated State unit in accordance with the State plan and in
compliance with Statewide standards established by the designated State
unit;
(2) Assures that the designated unit of the local agency will be
responsible for carrying out the vocational rehabilitation program and
will meet the requirements for this unit specified in 361.6(b);
(3) Describes the methods to be followed by the designated State unit
in its supervision of the local agency's vocational rehabilitation
program;
(4) Indicates the basis on which the designated State unit
participates financially in its locally administered vocational
rehabilitation programs;
(5) Indicates whether the local unit will utilize another local
public or nonprofit agency in providing vocational rehabilitation
services to individuals with handicaps, and the arrangements to be made;
and
(6) Assures that the sole local agency will be responsible through
its designated unit for the administration of the vocational
rehabilitation program and will employ staff for carrying out the
vocational rehabilitation program including a full-time director.
(b) Responsibility of local agency. If the State plan provides for
local administration, it must assure that the sole local agency is
responsible through its designated unit for the administration of the
program within the political subdivision which it serves. A separate
local agency serving the blind may administer that part of the plan
relating to vocational rehabilitation of the blind, under the
supervision of the designated State unit for the blind.
(Authority: Sec. 101(a)(1)(A) of the Act; 29 U.S.C. 721(A)(1)(A))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.10 Methods of administration.
The State plan must assure that the State agency and the designated
State unit employ those methods found necessary by the Secretary for the
proper and efficient administration of the plan, and for carrying out
all functions for which the State is responsible under the plan and this
part.
(Authority: Sec. 101(a)(6) of the Act; 29 U.S.C. 721(a)(6))
34 CFR 361.11 Shared funding and administration of special joint
projects or programs.
(a) Procedural requirements. In order to carry out a special joint
project or program to provide services to individuals with handicaps,
the State unit with the concurrence of the State agency must request the
Secretary to authorize it to share funding and administrative
responsibility for a joint project or program with another agency or
agencies of the State, or with a local agency. The Secretary approves a
request for the shared funding and administration of a special joint
project or program which he has determined will more effectively
accomplish the purpose of the Act and may also waive the provisions of
361.2(a) that the State plan must be in effect in all political
subdivisions of the State.
(b) Scope of written agreement. The State plan must assure that each
special joint project or program is based on a written agreement which:
(1) Describes the nature and scope of the joint project or program,
the services to be provided, the respective roles of each participating
agency in the provision of services and in their administration, and the
share of the costs to be assumed by each;
(2) Specifies the period of the joint project or program, and plans
for anticipated continuation;
(3) Provides a budget showing for each fiscal year the financial
participation by the State unit and each participating agency;
(4) Provides written assurance that funds will be legally available
for purposes of the joint project or program;
(5) Provides that the State unit shall annually evaluate the
effectiveness of each project or program with special attention to its
vocational rehabilitation objectives;
(6) Assures that the State unit and each participating agency will
furnish information and reports required by the Secretary to determine
whether the activities are achieving the purposes of the project or
program and warrant continuation; and
(7) Assures that the State unit's portion of the joint project or
program will comply with applicable requirements of the Act and this
part.
(Authority: Sec. 101(a)(1)(A) of the Act; 29 U.S.C. 721(a)(1)(A))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.12 Waiver of Statewideness.
(a) Purpose of waiver. If the State unit desires to carry out
activities in one or more political subdivisions through local financing
in order to promote the vocational rehabilitation of substantially
larger numbers of individuals with handicaps with particular types of
disabilities, the State plan must identify the types of activities to be
carried out in this manner.
(b) Procedural requirements. The State plan must assure in these
cases that the State unit:
(1) Obtains a written description of any activity to be carried out
in a particular political subdivision;
(2) Obtains written assurance from the political subdivision that the
non-Federal share of funds is available to the State;
(3) Requires that its approval be given to each proposal before the
proposal is put into effect in a political subdivision;
(4) Has sole responsibility for administration (or supervision of
locally administered vocational rehabilitation programs if the
vocational rehabilitation program is administered by local agencies) of
the program in a particular local political subdivision in accordance
with 361.6, except to the extent that funding and administrative
responsibility is shared with respect to a joint program under 361.12.
(5) Assures that all requirements of the State plan apply to these
activities, except the requirement that the program be in effect in all
political subdivisions of the State, and except that the provisions of
361.78 may be applicable for Federal financial participation in
expenditures for carrying out these activities; and
(6) Furnishes other information and reports required by the
Secretary.
(Authority: Sec. 101(a)(4) of the Act; 29 U.S.C. 721(a)(4))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.13 Cooperative programs involving funds from other public
agencies.
(a) Scope of written agreement. The State plan must assure that,
when the State's share of the cost of a cooperative program for
providing or administering vocational rehabilitation services is made
available in whole or in part by a State or local public agency other
than the designated State unit, the cooperative program is based on a
written agreement which:
(1) Describes program goals and the activities to be undertaken to
achieve these goals;
(2) Assures only individuals eligible for vocational rehabilitation
services will be served;
(3) Assures that the vocational rehabilitation services are not
services of the cooperating agency to which the individual with
handicaps would be entitled if he were not an applicant or client of the
designated State unit and represent new services or new patterns of
services of the cooperating agency.
(4) Provides for an annual budget;
(5) Provides that expenditures for vocational rehabilitation services
and the administration of these services will be under the direct
control and at the discretion of the designated State unit.
(6) Assures that the costs of administrative activities are not costs
which are attributable to the general expense of the State or locality
in carrying out the administrative functions of the State or local
government;
(b) Annual review. The State unit must review each cooperative
program annually to determine its effectiveness and to assure that it is
being operated in compliance with the requirements of the written
agreement.
(Authority: Sec. 101(a)(1)(A) of the Act; 29 U.S.C. 721(a)(1)(A))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.14 Staffing of the State's vocational rehabilitation
program.
(a) General staffing requirement. The State plan must assure that
staff in sufficient number and with appropriate qualifications is
available to carry out all functions required under this part, including
program planning and evaluation, staff development, rehabilitation
facility development and utilization, medical consultation, and
rehabilitation counseling services for individuals with severe
handicaps.
(b) Special communication needs staffing. The State plan must
further assure that the designated State unit includes on its staff or
makes available personnel able to communicate in the native languages of
applicants for service and State unit clients with limited
English-speaking ability from ethnic groups which represent substantial
segments of the population of the State. The State plan must assure
that the State unit includes on its staff or arranges to have available
individuals able to communicate with applicants for service and State
unit clients individuals who rely on special modes of communication such
as manual communication, tactile, oral, and non-verbal communication
devices.
(Authority: Sec. 101(a)(7) of the Act; 29 U.S.C. 721(a)(7))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.15 Affirmative action plan for individuals with handicaps.
(a) (Reserved)
(b) The State plan must also assure that the State unit develops and
implements a plan to take affirmative action to employ and advance in
employment qualified individuals with handicaps. This plan must provide
for specific action steps, timetables, and complaint and enforcement
procedures necessary to assure affirmative action.
(Authority: Secs. 101(a)(6) and 101(a)(7) of the Act; 29 U.S.C.
721(a)(6) and 721(a)(7))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.16 Staff development.
The State plan must assure that there is a program of staff
development for all classes of positions which are involved in the
administration and operation of the State's vocational rehabilitation
program. The staff development program must include, as a minimum:
(a) A systematic determination of training needs to improve staff
effectiveness and a system for evaluating the effectiveness of the
training activities provided;
(b) An orientation program for new staff; and
(c) An operating plan for providing training opportunities for all
classes of positions consistent with the determination of training
needs.
(Authority: Sec. 101(a)(7) of the Act; 29 U.S.C. 721(a)(7))
34 CFR 361.17 State studies and evaluations.
(a) General provisions. The State plan must assure that the State
unit conducts continuing Statewide studies of the needs of individuals
with handicaps within the State, including a full needs assessment for
serving individuals with severe handicaps; the State's need for
rehabilitation facilities; and the methods by which these needs may be
most effectively met.
(b) Scope of Statewide studies. The continuing Statewide studies
must --
(1) Determine the relative needs for vocational rehabilitation
services of different significant segments of the population of
individuals with handicaps, including utilizing data provided by State
special education agencies under section 618(b)(3) of the Education of
the Handicapped Act, with special reference to the need for expanding
services to individuals with the most severe handicaps;
(2) Review a broad variety of means and methods to provide, expand,
and improve vocational rehabilitation services in order to determine
which means and methods are the most effective;
(3) Review the appropriateness of the criteria used by the designated
State unit in determining individuals to be ineligible for vocational
rehabilitation services;
(4) Determine the capacity and condition of rehabilitation facilities
and rehabilitation facility services within the State and identify ways
in which the overall effectiveness of rehabilitation facility services
within the State might be improved; and
(5) Otherwise contribute to the orderly and effective development of
vocational rehabilitation services and rehabilitation facilities within
the State.
(c) Annual evaluation. The State plan must assure that the State
conducts an evaluation of the effectiveness of the State's vocational
rehabilitation program in achieving service goals and priorities, as
established in the plan. This evaluation must measure the adequacy of
State unit performance in providing vocational rehabilitation services
especially to those individuals with the most severe handicaps and must
be conducted according to the general standards for evaluation developed
by the Secretary. Findings derived from the annual evaluation must be
reflected in the State plan, its amendments and in the development of
plans and policies for the provision of vocational rehabilitation
services either directly by the State unit or within rehabilitation
facilities.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Secs. 101(a)(15) and (a)(19) of the Act; 29 U.S.C.
721(a)(15) and (a)(19))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16984, May 12, 1988;
53 FR 49145, Dec. 6, 1988)
34 CFR 361.18 State plan and other policy development consultation.
(a) Public participation in State plan development. (1) The State
plan must assure that the State unit conducts public meetings throughout
the State, after appropriate and sufficient notice, to allow interested
groups, organizations and individuals an opportunity to comment on the
State plan and to participate in the formulation of policies governing
the provision of vocational rehabilitation services within the State.
(2) The State plan must include a summary of the public comments and
the State unit's response to those comments.
(3) The State plan must further assure that the State unit
establishes and maintains a written description of procedures used to
obtain and consider views on State plan development and policy
development and implementation.
(b) Consultation with Indian tribes. The State plan must further
assure that, as appropriate, the State unit actively consults in the
development of the State plan with those Indian tribes and tribal
organizations and native Hawaiian organizations that represent
significant numbers of individuals with handicaps within the State.
(c) Other consultations. (1) The State plan must further assure that
the State unit seeks and takes into account, in connection with matters
of general policy development and implementation arising in the
administration of the State plan, the views of --
(i) Current or former clients of vocational rehabilitation services
or, as appropriate, their parents, guardians or other representatives;
(ii) Providers of vocational rehabilitation services; and
(iii) Others interested in vocational rehabilitation.
(2) Matters of general policy development and implementation include,
but are not limited to --
(i) Program planning, development, and evaluation;
(ii) Development of legislative and budgetary proposals;
(iii) Assessing research and services proposals;
(iv) Affirmative action for employment of qualified individuals with
handicaps; and
(v) Development of procedures for review of rehabilitation counselor
or coordinator determinations.
(d) Public access. The State plan must further assure the State unit
will make available to the public for review and inspection a report of
activities undertaken in the area of State plan and policy development
as well as a summary of comments submitted at the scheduled public
meetings and the State unit's response to these comments.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Secs. 101(a)(18) and 101(a)(23) of the Act; 29 U.S.C.
721(a)(18) and 721(a)(23))
(53 FR 16984, May 12, 1988; as amended at 53 FR 49145, Dec. 6, 1988)
34 CFR 361.19 Cooperation with other public agencies.
(a) General provisions. The State plan must assure that, where
appropriate, the State unit enters into cooperative arrangements or
cooperative agreements with, and utilizes the services and facilities
of, the State and local agencies administering the State's social
services and financial assistance programs; other programs for
individuals with handicaps such as the State's developmental
disabilities program, veterans' programs, health and mental health
programs, education programs, including adult education, higher
education, special education and vocational education programs, workers'
compensation programs, manpower programs and public employment offices;
the Social Security Administration; the Office of Workers' Compensation
Programs of the Department of Labor, the Veterans' Administration; and
other Federal, State and local public agencies providing services
related to the rehabilitation of individuals with handicaps.
(b) Coordination with education programs. The State plan must also
assure that specific arrangements or agreements are made for the
coordination of services for any individual who is eligible for
vocational rehabilitation services and is also eligible for services
under Part B of the Education of Handicapped Children Act or the
Vocational Education Act.
(c) Coordination with veterans' programs. The State plan must also
assure that there will be maximum coordination and consultation with
programs relating to the rehabilitation of disabled veterans.
(d) Reciprocal referral services with separate agency for the blind.
Where there is a separate State unit for the blind, the two State units
must establish reciprocal referral services, utilize each other's
services and facilities to the extent feasible, jointly plan activities
to improve services to the individuals with handicaps in the State, and
otherwise cooperate to provide more effective services.
(Authority: Sec. 101(a)(11) of the Act; 29 U.S.C. 721(a)(11))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.20 Establishment and maintenance of information and referral
resources.
(a) General provisions. The State plan must assure the establishment
and maintenance of information and referral programs adequate to ensure
that individuals with handicaps within the State are given accurate
information about State vocational rehabilitation services and
independent living services, vocational rehabilitation services
available from other agencies, organizations, and rehabilitation
facilities, and, to the extent possible, other Federal and State
services and programs that assist individuals with handicaps, including
client assistance programs. The State plan must also assure that the
State unit will refer individuals with handicaps to other appropriate
Federal and State programs that might be of benefit to them. The State
plan must further assure that the State unit will utilize existing
information and referral systems in the State to the greatest extent
possible.
(b) Special information and referral resources. The State plan must
further assure that, to the greatest extent possible, information and
referral services utilize interpreters for the deaf, existing
telecommunication systems, specialized media systems for handicapped
persons and special materials for blind individuals, deaf individuals,
and deaf-blind individuals, as needed.
(Authority: Sec. 101(a)(22) of the Act; 29 U.S.C. 721(a)(22))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16985, May 12, 1988)
34 CFR 361.21 State plan for rehabilitation facilities.
The State plan must assure that the designated State unit maintains a
State rehabilitation facilities plan which includes an inventory of
rehabilitation facilities and rehabilitation facility services available
within the State and a description of the utilization patterns of the
facilities and their utilization potential. The inventory must also
include a determination of needs for new, expanded or otherwise modified
rehabilitation facilities or rehabilitation facility services and a
prioritized list of facility projects necessary to achieve short-range
State unit goals. The State plan must also assure that the inventory of
facilities is developed with the active participation of a
representative group of providers and recipients of vocational
rehabilitation services and is available to the public for review and
inspection.
(Authority: Sec. 101(a)(15) of the Act; 29 U.S.C. 721(a)(15))
34 CFR 361.22 Utilization of rehabilitation facilities.
The State plan must assure that the designated State unit utilizes
existing rehabilitation facilities to the maximum extent feasible to
provide vocational rehabilitation services to individuals with handicaps
in accordance with the State plan for rehabilitation facilities under
361.21. The State plan must describe the methods used to ensure
appropriate use of these facilities and must provide for appropriate
means for entering into agreements with the operators of these
facilities for the provision of vocational rehabilitation services.
(Authority: Secs. 101(a)(12) and (a)(15) of the Act; 29 U.S.C.
721(a)(12) and (a)(15))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.23 Reports.
The State plan must assure that the State agency or the designated
State unit, as appropriate, submits reports in the form and detail and
at the time required by the Secretary, including reports required under
special evaluation studies. The State agency or the designated State
unit, as appropriate must also comply with any requirements necessary to
assure the correctness and verification of reports.
(Authority: Sec. 101(a)(10) of the Act; 29 U.S.C. 721(a)(10))
34 CFR 361.24 General administrative and fiscal requirements.
(a) General provisions. The State plan must assure that the State
agency and the designated State unit adopt policies and methods
pertinent to the fiscal administration and control of the vocational
rehabilitation program, including sources of funds, incurrence and
payment of obligations, disbursements, accounting, and auditing. The
State plan must assure that the State agency and the designated State
unit maintain accounts and supporting documents necessary for an
accurate and expeditious determination at any time of the status of
Federal grants, including the disposition of monies received and the
nature and amount of charges claimed against these grants.
(b) Awards made by State agency. The State plan must assure that the
State agency or the designated State unit, as appropriate adopt policies
and methods necessary to assure sound administration and control of
funds awarded by the State agency or the State unit to any public or
other nonprofit agency or organization to carry out a program of
vocational rehabilitation services.
(c) Applicability of 34 CFR part 74. The provisions of 34 CFR part
74 establishing uniform administrative requirements and cost principles,
apply to all grants made under this part except for the requirement
concerning in-kind contributions under subpart G of 34 CFR part 74.
(d) Applicability of Department of Health and Human Services
regulations. Several Department of Health and Human Services
regulations apply under this part. These include:
45 CFR part 19 -- Limitations on Payment or Reimbursement for Drugs
45 CFR part 46 -- Protection of human subjects
45 CFR part 75 -- Informal grant appeals procedures (Indirect cost
rates and other cost allocations)
(Authority: Secs. 11 and 12(c) of the Act; 29 U.S.C. 710 and
711(c))
34 CFR 361.25 State-imposed requirements.
The designated State unit shall identify as a State-imposed
requirement any State rule or policy relating to its administration or
operation of programs under the Act, including any rule or policy based
on interpretation of any Federal law, regulation, or guideline.
(Authority: Sec. 17 of the Act; 29 U.S.C. 716)
(53 FR 16985, May 12, 1988)
34 CFR 361.25 State Plan Content: Provision and Scope of Service
34 CFR 361.30 Processing referrals and applications.
The State plan must assure that the State unit establishes and
maintains written standards and procedures to assure expeditious and
equitable handling of referrals and applications for vocational
rehabilitation services.
(Authority: Secs. 101(a)(6) of the Act; 29 U.S.C. 721(a)(6))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16985, May 12, 1988)
34 CFR 361.31 Eligibility for vocational rehabilitation services.
(a) General provisions. (1) The State plan must assure that
eligibility requirements are applied by the designated State unit
without regard to sex, race, age, creed, color, or national origin of
the individual applying for service. The State plan must also assure
that no group of individuals is excluded or found ineligible solely on
the basis of type of disability. With respect to age, the State plan
must assure that no upper or lower age limit is established which will,
in and of itself, result in a finding of ineligibility for any
individual with handicaps who otherwise meets the basic eligibility
requirements specified in paragraph (b) of this section.
(2) The State plan must assure that no residence requirement,
durational or other, is imposed which excludes from services any
individual who is present in the State.
(b) Basic conditions. The State plan must assure that eligibility is
based only upon:
(1) The presence of a physical or mental disability which for the
individual constitutes or results in a substantial handicap to
employment; and
(2) A reasonable expectation that vocational rehabilitation services
may benefit the individual in terms of employability.
(c) Interim determination of eligibility. The State plan may provide
for vocational rehabilitation services to be initiated for an individual
on the basis of an interim determination of eligibility. If the State
chooses this approach, it must identify the criteria established for
making an interim determination of eligibility, the procedures to be
followed, the services which may be provided, and the period, not to
exceed 90 days, during which services may be provided until a final
determination of eligibility is made.
(Authority: Secs. 7(7)(A), 12(c), 101(a)(6) and 101(a)(14) of the
Act; 29 U.S.C. 706(7)(A), 711(c), 721(a)(6), and 721(a)(14))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.32 Evaluation of vocational rehabilitation potential:
Preliminary diagnostic study.
(a) Basic conditions. The State plan must assure that, in order to
determine whether any individual is eligible for vocational
rehabilitation services, there is a preliminary diagnostic study to
determine:
(1) Whether the individual has a physical or mental disability which
for that individual constitutes or results in a substantial handicap to
employment; and
(2) Whether vocational rehabilitation services may reasonably be
expected to benefit the individual in terms of employability, or whether
an extended evaluation of vocational rehabilitation potential is
necessary to make this determination.
(b) Scope of diagnostic study. The State plan must assure that the
preliminary diagnostic study includes examinations and diagnostic
studies to make the determinations specified in paragraph (a) of this
section. In all cases, the evaluation places primary emphasis upon
determining the individual's potential for achieving a vocational goal.
(c) Specific evaluations. The State plan must also assure that the
preliminary diagnostic study includes an appraisal of the current
general health status of the individual based, to the maximum extent
possible, on available medical information, and, as appropriate,
evaluations by qualified personnel of the potential to benefit from
rehabilitation engineering services. The State plan must further assure
that in all cases of mental or emotional disorder, an examination is
provided by a physician skilled in the diagnosis and treatment of such
disorders, or by a psychologist licensed or certified in accordance with
State laws and regulations, in those States where laws and regulations
pertaining to the practice of psychology have been established.
(Authority: Secs. 7(5) and 103(a)(1) of the Act; 29 U.S.C. 706(5)
and 723(a)(1))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16985, May 12, 1988)
34 CFR 361.33 Evaluation of vocational rehabilitation potential:
Thorough diagnostic study.
(a) General provision. The State plan must assure that, as
appropriate in each case, when an individual's eligibility for
vocational rehabilitation services has been determined, there is a
thorough diagnostic study to determine the nature and scope of services
needed by the individual. This study consists of a comprehensive
evaluation of pertinent medical, psychological, vocational, educational,
recreational, and other factors relating to the individual's handicap to
employment and rehabilitation needs.
(b) Scope of thorough diagnostic study. The thorough diagnostic
study includes in all cases to the degree needed, an appraisal of the
individual's employability, personality, intelligence level, educational
achievement, work experience, personal, vocational, and social
adjustment, employment opportunities, and other pertinent data helpful
in determining the nature and scope of services needed. The study also
includes, as appropriate for each individual, an appraisal of the
individual's patterns of work behavior, ability to acquire occupational
skill and capacity for successful job performance, and the need for
rehabilitation engineering services.
(Authority: Sec. 7(5) of the Act; 29 U.S.C. 706(5))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16985, May 12, 1988)
34 CFR 361.34 Extended evaluation to determine vocational
rehabilitation potential.
(a) Basic conditions. The State plan must assure that the furnishing
of vocational rehabilitation services under an extended evaluation to
determine vocational rehabilitation potential is based only upon:
(1) The presence of a physical or mental disability which for the
individual constitutes or results in a substantial handicap to
employment; and
(2) An inability to make a determination that vocational
rehabilitation services might benefit the individual in terms of
employability unless there is an extended evaluation to determine
vocational rehabilitation potential.
(b) Duration and scope of services. Vocational rehabilitation
services necessary for determination of rehabilitation potential,
including those provided within a thorough diagnostic study, may be
provided to an individual with handicaps for a total period not longer
than 18 months.
(c) Other conditions. (1) The extended evaluation period begins on
the date of certification for extended evaluation to determine
rehabilitation potential required in 361.35(b). Only one 18-month
maximum period is permitted during the time that the case is open. If a
case has been closed because of a determination that the individual's
needs have changed, the case may be re-opened and a subsequent
evaluation of vocational rehabilitation potential may be carried out.
(2) Vocational rehabilitation services, authorized after the
expiration of the extended evaluation period, are provided only if the
certification of eligibility required in 361.35(a) has been executed by
an appropriate State unit staff member.
(d) Review. The State plan must assure a thorough assessment of the
individual's progress as frequently as necessary but at least once every
90 days during the extended evaluation period. This assessment includes
periodic reports from the facility, or person providing the services, to
determine the results of the services and to determine whether the
individual may be determined to be eligible or ineligible.
(e) Termination. The State plan must assure that at any time before
the end of an 18-month extended evaluation period, the extended
evaluation must be terminated when:
(1) The individual is found eligible for vocational rehabilitation
services since there is a reasonable assurance that the individual can
be expected to benefit in terms of employability from vocational
rehabilitation services; or
(2) The individual is found ineligible for any additional vocational
rehabilitation services since it has been determined on the basis of
clear evidence that the individual cannot be expected to benefit in
terms of employability from vocational rehabilitation services. In this
case, the procedures described in 361.40(d) are to be followed and the
individual is referred for services under the State's independent living
rehabilitation program under Part 363 of this chapter.
(Authority: Sec. 7(5) of the Act; 29 U.S.C. 706(5))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, 16985, May 12,
1988)
34 CFR 361.35 Certification: Eligibility; extended evaluation to
determine vocational rehabilitation potential; ineligibility.
(a) Certification of eligibility. The State plan must assure that,
before or at the same time that the State unit accepts an individual
with handicaps for vocational rehabilitation services, there must be a
certification that the individual has met the basic eligibility
requirements specified in 361.31(b). The State plan must further assure
that the certification of eligibility is dated and signed by an
appropriate State unit staff member.
(b) Certification for extended evaluation to determine vocational
rehabilitation potential. The State plan must assure that before, and
as a basis for providing an extended evaluation to determine vocational
rehabilitation potential, there must be a certification that the
individual has met the requirements in 361.34(a). The State plan must
further assure that the certification is dated and signed by an
appropriate State unit staff member.
(c) Certification of ineligibility. (1) The State plan must assure
that, whenever the State unit determines on the basis of clear evidence
that an applicant or recipient of vocational rehabilitation is
ineligible for services, there must be a certification dated and signed
by an appropriate designated State unit staff member.
(2) The State plan must further assure that the certification
indicates the reasons for the ineligibility determination and is made
only after full consultation with the individual or, as appropriate, the
individual's parent, guardian, or other representative, or after giving
a clear opportunity for this consultation. The designated State unit
notifies the individual in writing of the action taken and informs the
individual of the individual's rights and the means by which the
individual may express and seek remedy for any dissatisfaction,
including the procedures review of rehabilitation counselor or
coordinator determinations under 361.48. The individual is provided a
detailed explanation of the availability of the resources within a
client assistance project established under Section 112 of the Act, and
referral is made to other agencies and facilities, including when
appropriate, the State's independent living rehabilitation program under
Part 365.
(d) Review of ineligibility determination. The State plan must
further assure that when an applicant for vocational rehabilitation
services has been determined on the basis of the preliminary diagnostic
study to be ineligible because of a finding that the individual cannot
be expected to achieve a vocational goal, the ineligiblity determination
will be reviewed within 12 months. This review need not be conducted in
situations where the individual has refused it, the individual is no
longer present in the State, the individual's whereabouts are unknown,
or the individual's medical condition is rapidly progressive or
terminal.
(e) Closure without eligibility determination. The State plan must
provide that the State unit may close a case without any determination
of eligibility when an applicant is unavailable during an extended
period of time to complete an evaluation of vocational rehabilitation
potential and the State unit has made repeated effort to contact the
individual and to encourage the individual's participation.
(Authority: Secs. 12(c) and 101(a)(6) of the Act; 29 U.S.C. 711(c)
and 721(a)(6))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, 16985, May 12,
1988)
34 CFR 361.36 Order of selection for services.
(a) General provisions. The State plan must include and explain the
justification for the order to be followed in selecting individuals with
handicaps to be provided vocational rehabilitation services if services
cannot be provided to all eligible individuals who apply.
(b) Priority for individuals with severe handicaps. The State plan
must assure that those individuals with the most severe handicaps are
selected for service before other individuals with handicaps.
(c) Disabled public safety officers. The State plan must also assure
that special consideration will be given to those individuals with
handicaps whose handicapping condition arose from a disability sustained
in the line of duty while performing as public safety officer and the
immediate cause of such disability was a criminal act, apparent criminal
act, or a hazardous condition resulting directly from the officer's
performance of duties in direct connection with the enforcement,
execution, and administration of law or fire prevention, firefighting,
or related public safety activities.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 101(a)(5)(A) of the Act; 29 U.S.C. 721(a)(5)(A))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, 16985, May 12,
1988; 53 FR 49145, Dec. 6, 1988)
34 CFR 361.37 Services to civil employees of the United States.
The State plan must assure that vocational rehabilitation services
are available to civil employees of the U.S. Government who are disabled
in line of duty, under the same terms and conditions applied to other
individuals with handicaps.
(Authority: Sec. 101(a)(13)(A) of the Act; U.S.C. 721(a)(13)(A))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.38 Services to handicapped American Indians.
The State plan must assure that vocational rehabilitation services
are provided to American Indians with handicaps residing in the State to
the same extent that these services are provided to other significant
groups of the State's handicapped population. The State plan must
further assure that the designated State unit continues to provide
vocational rehabilitation services, including, as appropriate, services
traditionally used by Indian tribes, to American Indians with handicaps
on reservations eligible for services by a special tribal program under
section 130 of the Act.
(Authority: Secs. 101(a)(20) and 130 of the Act; 29 U.S.C.
721(a)(20) and 750)
(53 FR 16985, May 12, 1988)
34 CFR 361.39 The case record for the individual.
The State plan must assure that the designated State unit maintains
for each applicant for, and recipient of, vocational rehabilitation
services a case record which includes, to the extent pertinent, the
following information:
(a) Documentation concerning the preliminary diagnostic study
supporting the determination of eligibility, the need for an extended
evaluation of vocational rehabilitation potential, and, as appropriate,
documentation concerning the thorough diagnostic study supporting the
nature and scope of vocational rehabilitation services to be provided;
(b) In the case of an individual who has applied for vocational
rehabilitation services and has been determined to be ineligible,
documentation specifying the reasons for the ineligibility
determination, and noting a review of the ineligibility determination
carried out not later than twelve months after the determination was
made;
(c) Documentation supporting any determination that the individual's
handicaps are severe;
(d) Documentation as to periodic assessment of the individual during
an extended evaluation of vocational rehabilitation potential;
(e) An individualized written rehabilitation program as developed
under 361.40 and 361.41 and any amendments to the program;
(f) In the event that physical and mental restoration services are
provided, documentation supporting the determination that the clinical
status of the individual with handicaps is stable or slowly progressive
unless the individual is being provided an extended evaluation of
rehabilitation potential;
(g) Documentation supporting any decision to provide services to
family members;
(h) Documentation relating to the participation by the individual
with handicaps in the cost of any vocational rehabilitation services if
the State unit elects to condition the provision of services on the
financial need of the individual;
(i) Documentation relating to the eligibility of the individual for
any similar benefits, and the use of any similar benefits;
(j) Documentation that the individual has been advised of the
confidentiality of all information pertaining to his case, and
documentation and other material concerning any information released
about the individual with handicaps with his or her written consent;
(k) Documentation as to the reason for closing the case including the
individual's employment status and, if determined to be rehabilitated,
the basis on which the employment was determined to be suitable;
(l) Documentation of any plans to provide post-employment services
after the employment objective has been achieved, the basis on which
these plans were developed, and a description of the services provided
and the outcomes achieved;
(m) Documentation concerning any action and decision involving the
request by the individual with handicaps for review of rehabilitation
counselor or coordinator determinations under 361.48; and
(n) In the case of an individual who has been provided vocational
rehabilitation services under an individualized written program but who
has been determined after the initiation of these services to be no
longer capable of achieving a vocational goal, documentation of any
reviews of this determination in accordance with 361.40(d).
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Secs. 101(a)(6) and 101(a)(9) of the Act; 29 U.S.C.
721(a)(6) and 721(a)(9))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, 16985, May 12,
1988; 53 FR 49145, Dec. 6, 1988)
34 CFR 361.40 The individualized written rehabilitation program:
Procedures.
(a) General provisions. The State plan must assure that an
individualized written rehabilitation program is initiated and
periodically updated for each eligible individual and for each
individual being provided services under an extended evaluation to
determine rehabilitation potential. The State plan must also assure
that vocational rehabilitation services are provided in accordance with
the written program. The individualized written rehabilitation program
must be developed jointly by the vocational rehabilitation counselor or
coordinator and the individual with handicaps or, as appropriate, that
individual and a parent, guardian or other representative, including
other suitable professional and informed advisors. The State unit must
provide a copy of the written program, and any amendments, to the
individual with handicaps or, as appropriate, that individual and a
parent, guardian, or other representative and must advise each
individual with handicaps or that individual's representative of all
State unit procedures and requirements affecting the development and
review of individualized written rehabilitation programs.
(b) Initiation of program. The individualized written rehabilitation
program must be initiated after certification of eligibility under
361.35(a)or certification for extended evaluation to determine
rehabilitation potential under 361.35(b).
(c) Review. The State must assure that the individualized written
program will be reviewed as often as necessary but at least on an annual
basis. Each individual with handicaps or, as appropriate, that
individual's parent, guardian, or other representative, must be given an
opportunity to review the program and, if necessary, jointly redevelop
and agree to its terms.
(d) Review of ineligibility determination. The State plan must
assure that if services are to be terminated under a written program
because of a determination that the individual with handicaps is not
capable of achieving a vocational goal and is therefore no longer
eligibile, or if in the case of an individual with handicaps who has
been provided services under an extended evaluation of vocational
rehabilitation potential, services are to be terminated because of a
determination that the individual cannot be determined to be eligible,
the following conditions and procedures will be met or carried out.
(1) This decision is made only with the full participation of the
individual, or, as appropriate, the individual's parent, guardian, or
other representative, unless the individual has refused to participate,
the individual is no longer present in the State or the individual's
whereabouts are unknown, or the individual's medical condition is
rapidly progressive or terminal. When the full participation of the
individual or a representative of the individual has been secured in
making the decision, the views of the individual are recorded in the
individualized written rehabilitation program; S8010
(2) The rationale for the ineligibility decision is recorded as an
amendment to the individualized written rehabilitation program
certifying that the provision of vocational rehabilitation services has
demonstrated that the individual is not capable of achieving a
vocational goal, and a certification of ineligibility under 361.35(c)
is then executed; and
(3) There will be a periodic review, at least annually, of the
ineligibility decision in which the individual is given opportunity for
full consultation in the reconsideration of the decision, except in
situations where a periodic review would be precluded because the
individual has refused services or has refused a periodic review, the
individual is no longer present in the State, the individual's
whereabouts are unknown, or the individual's medical condition is
rapidly progressive or terminal. The first review of the ineligibility
decision is initiated by the State unit. Any subsequent reviews,
however, are undertaken at the request of the individual.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Secs. 101(a)(9) and 102 of the Act; 29 U.S.C.
721(a)(9) and 722)
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, 16986, May 12,
1988; 53 FR 49145, Dec. 6, 1988)
34 CFR 361.41 The individualized written rehabilitation program:
Content.
(a) Scope of content. The State plan must assure that each
individualized written rehabilitation program is based on a
determination of employability designed to achieve the vocational
objective of the individual and is developed through assessments of the
individual's particular rehabilitation needs. Each individualized
written rehabilitation program must, as appropriate, include but not be
limited to, statements concerning --
(1) The basis on which a determination of eligibility has been made,
or the basis on which a determination has been made that an extended
evaluation of vocational rehabilitation potential is necessary to make a
determination of eligibility;
(2) The long-range and intermediate rehabilitation objectives
established for the individual based on an assessment determined through
an evaluation of rehabilitation potential;
(3) The specific rehabilitation services to be provided to achieve
the established rehabilitation objectives including, if appropriate,
rehabilitation engineering services;
(4) An assessment of the expected need for post-employment services;
(5) The projected dates for the initiation of each vocational
rehabilitation service, and the anticipated duration of each service;
(6) A procedure and schedule for periodic review and evaluation of
progress toward achieving rehabilitation objectives based upon objective
criteria, and a record of these reviews and evaluations;
(7) A reassessment, prior to case closure, of the need for
post-employment services;
(8) The views of the individual with handicaps, or as appropriate,
that individual and a parent, guardian, or other representative,
including other suitable professional and informed advisors, concerning
the individual's goals and objectives and the vocational rehabilitation
services being provided;
(9) The terms and conditions for the provision of vocational
rehabilitation services, including responsibilities of the individual
with handicaps in implementing the individualized written rehabilitation
program, the extent of client participation in the cost of services, if
any, and the extent to which comparable services and benefits are
available to the individual under any other program;
(10) An assurance that the individual with handicaps has been
informed of that individual's rights and the means by which the
individual may express and seek remedy for any dissatisfaction,
including the opportunity for a review of rehabilitation counselor or
coordinator determinations under 361.48;
(11) An assurance that the individual with handicaps has been
provided a description of the availability of a client assistance
program established under section 112 of the Act;
(12) The basis on which the individual has been determined to be
rehabilitated under 361.43; and
(13) The plans for the provision of post-employment services after a
suitable employment goal has been achieved and the basis on which those
plans are developed; and, if appropriate for individuals with severe
handicaps, a statement of how these services will be provided or
arranged through cooperative agreements with other service providers.
(b) Supported employment placements. Each individualized written
rehabilitation program must also contain, for individuals with severe
handicaps for whom a vocational objective of supported employment has
been determined to be appropriate --
(1) A description of the time-limited services to be provided by the
State unit not to exceed 18 months in duration, unless a longer period
to achieve job stabilization has been established in the individualized
written rehabilitation program or discrete post-employment services
following transition are provided in accordance with 34 CFR 363.4(c)(3);
(2) A description of the extended services needed, an identification
of the State, Federal, or private programs or other resources that will
provide the continuing support, and a description of the basis for
determining that continuing support is available in accordance with 34
CFR 363.11(e)(2)(i); and
(3) A description of the results of periodic monitoring to ensure
that each individual with severe handicaps is making satisfactory
progress toward meeting the weekly work requirement established in the
individualized written rehabilitation program by the time of transition
to extended services in accordance with 34 CFR 363.11(e)(2)(ii).
(c) Coordination with education agencies. When services are being
provided to a handicapped individual who is also eligible for services
under the Education for Handicapped Children Act, the individualized
written rehabilitation program is prepared in coordination with the
appropriate education agency and includes a summary of relevant elements
of the individualized education program for that individual.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Secs. 101 (a)(9), (a)(11), 102 and 634(a) of the Act;
29 U.S.C. 721 (a)(9), (a)(11), 722, and 795m)
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16986, May 12, 1988;
53 FR 49145, Dec. 6, 1988; 57 FR 28440, June 24, 1992)
Effective Date Note: At 57 FR 28440, June 24, 1992, 361.41 was
amended by revising paragraphs (b)(1) and (b)(2) and adding a new
paragraph (b)(3), effective either 45 days after publication in the
Federal Register or later if Congress takes certain adjournments. The
text remaining in effect until further notice appears below.
361.41 The individualized written rehabilitation program: Content.
(b) * * *
(1) A description of the time-limited services, not to exceed 18
months in duration, to be provided by the State unit; and
(2) A description of the extended services needed, an identification
of the State, Federal, or private programs that will provide the
continuing support, and a description of the basis for determining that
continuing support is available in accordance with 34 CFR 363.11(e)(2).
34 CFR 361.42 Scope of State unit program: Vocational rehabilitation
services for individuals.
(a) Scope of services. The State plan must assure that, as
appropriate to the vocational rehabilitation needs of each individual,
the following vocational rehabilitation services are available:
(1) Evaluation of vocational rehabilitation potential, including
diagnostic and related services incidental to the determination of
eligibility for, and the nature and scope of services to be provided;
(2) Counseling and guidance, including personal adjustment
counseling, to maintain a counseling relationship throughout the program
of services for an individual with handicaps, referral necessary to help
individuals with handicaps secure needed services from other agencies,
and advising clients and client applicants about client assistance
programs under 34 CFR Part 370.
(3) Physical and mental restoration services, necessary to correct or
substantially modify a physical or mental condition which is stable or
slowly progressive;
(4) Vocational and other training services, including personal and
vocational adjustment, books, tools, and other training materials except
that no training or training services in institutions of higher
education (universities, colleges, community/junior colleges, vocational
schools, technical institutes, or hospital schools of nursing) may be
paid for with funds under this part unless maximum efforts have been
made by the State unit to secure grant assistance in whole or in part
from other sources;
(5) Maintenance, including payments, not exceeding the estimated cost
of subsistence and provided at any time after vocational rehabilitation
services have begun through the time when postemployment services are
being provided. Maintenance covers that individual's basic living
expenses, such as food, shelter, clothing, and other subsistence
expenses which are necessary to support and derive the full benefit of
the other vocational rehabilitation services being provided;
(6) Transportation, including necessary travel and related expenses
including subsistence during travel (or per diem payments in lieu of
subsistence) in connection with transporting individuals with handicaps
and their attendants or escorts for the purpose of supporting and
deriving the full benefit of the other vocational rehabilitation
services being provided. Transportation may include relocation and
moving expenses necessary for achieving a vocational rehabilitation
objective;
(7) Services to members of an individual with handicaps's family when
necessary to the vocational rehabilitation of the individual with
handicaps;
(8) Interpreter services and note-taking services for the deaf,
including tactile interpreting for deaf-blind individuals;
(9) Reader services, rehabilitation teaching services, note-taking
services and orientation and mobility services for the blind;
(10) Telecommunications, sensory and other technological aids and
devices;
(11) Recruitment and training services to provide new employment
opportunities in the fields of rehabilitation, health, welfare, public
safety, law enforcement and other appropriate public service employment;
(12) Placement in suitable employment;
(13) Post-employment services necessary to maintain or regain other
suitable employment;
(14) Occupational licenses, including any license, permit or other
written authority required by a State, city or other governmental unit
to be obtained in order to enter an occupation or enter a small
business, tools, equipment, initial stocks (including livestock) and
supplies;
(15) Rehabilitation engineering services; and
(16) Other goods and services that can reasonably be expected to
benefit an individual with handicaps in terms of employability.
(b) Written policies. The State plan must also assure that the State
unit establishes and maintains written policies covering the scope and
nature of each of the vocational rehabilitation services specified in
paragraph (a) of this section, and the conditions, criteria, and
procedures under which each service is provided.
(c) Special requirements. In the case of telecommunications,
sensory, and other technological aids and devices, the written policies
must ensure that individualized prescriptions and fittings are performed
only by individuals licensed in accordance with State licensure laws, or
by appropriate certified professionals. Any hearing aid recommended on
the basis of an evaluation of the auditory system must be fitted in
accordance with the specifications of the findings obtained under
361.33. Newly developed aids and devices not requiring individualized
fittings must meet any engineering and safety standards recognized by
the Secretary.
(Authority: Secs. 101(a)(6) and 103(a) of the Act; 29 U.S.C.
721(a)(6) and 723(a))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, 16986, May 12,
1988)
34 CFR 361.43 Individuals determined to be rehabilitated.
(a) Minimum requirements. The State plan must assure that an
individual determined to be rehabilitated, must have been, as a minimum:
(1) Determined to be eligible under 361.35(a);
(2) Provided an evaluation of vocational rehabilitation potential,
and counseling and guidance as essential vocational rehabilitation
services;
(3) Provided appropriate and substantial vocational rehabilitation
services in accordance with the individualized written rehabilitation
program developed under 361.40 and 361.41; and
(4) Determined to have achieved and maintained a suitable employment
goal for at least 60 days. For individuals with severe handicaps placed
in supported employment, the employment goal must be maintained for at
least 60 days following transition to extended services in accordance
with 34 CFR 363.55.
(b) Post-employment services. The State plan must also assure that
after an individual has been determined to be rehabilitated, the State
unit will provide post-employment services if necessary to assist an
individual to maintain or regain other suitable employment.
(Authority: Secs. 12(c), 101(a)(6) and 103(a)(2) of the Act; 29
U.S.C. 711(c), 721(a)(6) and 723(a)(2))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16987, May 12, 1988;
57 FR 28441, June 24, 1992)
Effective Date Note: At 57 FR 28441, June 24, 1992, 361.43 was
amended by revising paragraph (a)(4), effective either 45 days after
publication in the Federal Register or later if Congress takes certain
adjournments. The text remaining in effect until further notice appears
below.
361.43 Individuals determined to be rehabilitated.
(a) * * *
(4) Determined to have achieved and maintained a suitable employment
goal for at least 60 days.
34 CFR 361.44 Authorization of services.
The State plan must assure that written authorization is made, either
before or at the same time as the purchase of services. Where a State
unit employee is permitted to make oral authorization in an emergency
situation, there must be prompt documentation and the authorization must
be confirmed in writing and forwarded to the provider of the services.
(Authority: Secs. 12(c) and 101(a)(6) of the Act; 29 U.S.C. 711(c)
and 721(a)(6))
34 CFR 361.45 Standards for facilities and providers of services.
(a) General provisions. The State plan must assure that the
designated State unit adopts and maintains written minimum standards for
the various types of facilities and providers of services utilized by
the State unit in providing vocational rehabilitation services. The
State unit must make these standards readily available to unit personnel
and to the public.
(b) Rehabilitation facility standards. The State unit must establish
written standards covering physical plant, equipment, and safety for
rehabilitation facilities. For workshops, the State unit must also
establish standards applicable to health conditions, wages, hours,
working conditions, and worker's compensation or liability insurance for
handicapped persons employed in the workshop. These standards must
incorporate applicable standards established by the Secretary and must
conform with regulations of the Secretary of Labor relating to
occupational safety and health standards for rehabilitation facilities.
These standards must also assure that all medical and related health
services provided in a rehabilitation facility are prescribed by, or
under the formal supervision of persons licensed to prescribe or
supervise the provision of these services in the State. State unit
standards must assure that any rehabilitation facility to be utilized in
the provision of vocational rehabilitation services complies with the
requirements of the Architectural Barriers Act of 1968, the Uniform
Accessibility Standards, and their implementing standards in 41 CFR Part
101-19.6 et seq., and the American National Standards Institute, No.
A117.1-1986.
(c) Rehabilitation facility personnel and providers of services. The
Secretary exercises no authority concerning the selection, method of
selection, tenure of office, or compensation of any individual employed
in any facility or personnel utilized in providing service.
(Authority: Secs. 12(c) and 101(a)(7) of the Act; 29 U.S.C. 711(c)
and 721(a)(7))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16987, May 12, 1988)
34 CFR 361.46 Rates of payment.
The State plan must assure that the State unit establishes and
maintains written policies to govern rates of payment for all purchased
vocational rehabilitation services. Any vendor providing services
authorized by the State unit must agree not to make any charge to or
accept any payment from the handicapped individual or his or her family
for the service unless the amount of the charge or payment is previously
known and, where applicable, approved by the State unit.
(Authority: Secs. 12(c) and 101(a)(6) of the Act; 29 U.S.C. 711(c)
and 721(a)(6))
34 CFR 361.47 Financial need; determination of the availability of
comparable services and benefits.
(a) Financial need. (1) There is no Federal requirement that the
financial need of an individual with handicaps be considered in the
provision of any vocational rehabilitation services.
(2) If the State unit chooses to consider the financial need of
individuals with handicaps for purposes of determining the extent of
their participation in the costs of vocational rehabilitation services,
the State unit must maintain written policies covering the determination
of financial need, and the State plan must specify the types of
vocational rehabilitation services for which the unit has established a
financial needs test. These policies must be applied uniformly so that
equitable treatment is accorded all individuals with handicaps in
similar circumstances.
(3) The State plan must assure that no financial needs test is
applied as a condition for furnishing the following vocational
rehabilitation services:
(i) Evaluation of rehabilitation potential, except for those
vocational rehabilitation services other than of a diagnostic nature
which are provided under an extended evaluation of rehabilitation
potential under 361.34;
(ii) Counseling, guidance, and referral services; and
(iii) Placement.
(b) Availability of comparable services and benefits. (1) The State
plan must assure that before the State unit provides any vocational
rehabilitation services, except those services enumerated in paragraph
(b)(2) of this section, to an individual with handicaps, or to members
of that individual's family, it determines whether comparable services
and benefits are available under any other program.
(2) The requirements of paragraph (b)(1) of this section do not apply
to the following services:
(i) Evaluation of rehabilitation potential.
(ii) Counseling, guidance, and referral.
(iii) Vocational and other training services, including personal and
vocational adjustment training, books, tools, and other training
materials, that are not provided in institutions of higher education (
361.42(a)(4)).
(iv) Placement.
(v) Rehabilitation engineering services.
(vi) Post-employment services consisting of the services listed under
paragraphs (b)(2) (i) through (v) of this section.
(3) The requirements of paragraph (b)(1) of this section also do not
apply if the determination of the availability of comparable services
and benefits under any other program would delay the provision of
vocational rehabilitation services to any individual with handicaps who
is at extreme medical risk. A determination of extreme medical risk
shall be based upon medical evidence provided by an appropriate licensed
medical professional.
(4) The State plan must assure also that if comparable services and
benefits are available, they must be utilized to meet, in whole or in
part, the cost of vocational rehabilitation services.
(Authority: Secs. 12(c) and 101(a)(8) of the Act; 29 U.S.C. 711(c)
and 721(a)(8))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, 16987, May 12,
1988)
34 CFR 361.48 Review of rehabilitation counselor or coordinator
determinations.
(a) Informing affected individuals. All applicants and clients must
be informed of the opportunities available under this section, including
the names and addresses of individuals with whom appeals may be filed.
(b) Informal reviews. States may continue to use an informal
administrative review process if it is likely to result in a timely
resolution of disagreements in particular instances, but this process
may not be used as a means to delay a more formal hearing before an
impartial hearing officer unless the parties jointly agree to a delay.
(c) Formal appeals procedures. (1) Except as provided in paragraph
(e) of this section, the State plan must assure that procedures are
established by the Director of the designated State unit so that any
applicant for or client of vocational rehabilitation services who is
dissatisfied with any determinations made by a rehabilitation counselor
or coordinator concerning the furnishing or denial of services may
request a timely review of those determinations.
(2) At a minimum each State's formal review procedures must provide
that --
(i) A hearing by an impartial hearing officer is held within 45 days
of a request by the applicant or client;
(ii) The applicant or client or, if appropriate, the individual's
parent, guardian, or other representative, is afforded an opportunity to
present additional evidence, information, and witnesses to the impartial
hearing officer, to be represented by counsel or other appropriate
advocate, and to examine all witnesses and other relevant sources of
information and evidence;
(iii) The impartial hearing officer makes a decision based on the
provisions of the approved State plan and the Act and provides to the
applicant or client or, if appropriate, the individual's parent,
guardian, or other representative, and to the Director of the designated
State unit a full written report of the findings and grounds for the
decision within 30 days of the completion of the hearing;
(iv) If the Director of the designated State unit decides to review
the decision of the impartial hearing officer, the Director shall notify
in writing the applicant or client or, if appropriate, the individual's
parent, guardian, or other representative, of that intent within 20 days
of the mailing of the impartial hearing officer's decision;
(v) If the Director of the designated State unit fails to provide the
notice required by paragraph (c)(2)(iv) of this section, the impartial
hearing officer's decision becomes a final decision;
(vi) The decision of the Director of the designated State unit to
review any impartial hearing officer's decision must be based on
standards of review contained in written State unit policy;
(vii) If the Director of the designated State unit decides to review
the decision of the impartial hearing officer, the applicant or client,
or, if appropriate, the individual's parent, guardian, or other
representative, is provided an opportunity for the submission of
additional evidence and information relevant to the final decision;
(viii) Within 30 days of providing notice of intent to review the
impartial hearing officer's decision, the Director of the designated
State unit makes a final decision and provides a full report in writing
of the decision, and of the findings and grounds for the decision, to
the applicant or client, or, if appropriate, the individual's parent,
guardian, or other representative; and
(ix) The Director of the designated State unit cannot delegate
responsibility to make any final decision to any other officer or
employee of the designated State unit.
(d) Extensions of time. Except for the time limitation established
in paragraph (c)(2)(iv) of this section, each State's review procedures
may provide for reasonable time extensions for good cause shown at the
request of a party or at the request of both parties.
(e) State fair hearing board. The provisions of paragraphs (c) and
(d) of this section are not applicable if there is in any State a fair
hearing board that was established before January 1, 1985, that is
authorized under State law to review rehabilitation counselor or
coordinator determinations and to carry out the responsibilities of the
Director of the designated State unit under this section.
(f) Data collection. The Director of the designated State unit shall
collect and submit, at a minimum, the following data to the Secretary
for inclusion each year in the annual report to Congress under section
13 of the Act:
(1) A description of State procedures for review of rehabilitation
counselor or coordinator determinations.
(2) The number of appeals to impartial hearing officers and the State
Director, including the type of complaints and the issues involved.
(3) The number of decisions by the State Director reversing in whole
or in part a decision of the impartial hearing officer.
(4) The number of decisions affirming the position of the
dissatisfied vocational rehabilitation applicant or client assisted
through the client assistance program.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Secs. 12(c), 101(a)(6), and 102(d) of the Act; 29
U.S.C. 711(c), 721(a)(6) and 722(d))
(53 FR 16987, May 12, 1988, as amended at 53 FR 49145, Dec. 6, 1988)
34 CFR 361.49 Protection, use and release of personal information.
(a) General provisions. The State plan must assure that the State
agency and the State unit will adopt and implement policies and
procedures to safeguard the confidentiality of all personal information,
including photographs and lists of names. These policies and procedures
must assure that:
(1) Specific safeguards protect current and stored personal
information;
(2) All applicants, clients, representatives of applicants or
clients, and, as appropriate, service providers, cooperating agencies,
and interested persons are informed of the confidentiality of personal
information and the conditions for accessing and releasing this
information;
(3) All applicants or their representatives are informed about the
State unit need to collect personal information and the policies
governing its use, including:
(i) Identification of the authority under which information is
collected;
(ii) Explanation of the principal purposes for which the State unit
intends to use or release the information;
(iii) Explanation of whether the individual's providing the
information is mandatory or voluntary and the effects of not providing
requested information to the State unit;
(iv) Identification of those situations where the State unit requires
or does not require informed written consent of the individual before
information may be released; and
(v) Identification of other agencies to which information is
routinely released.
(4) Persons who are unable to communicate in English or who rely on
special modes of communication must be provided explanations about State
policies and procedures affecting personal information through methods
that can be adequately understood by them;
(5) These policies and procedures must prevail over less stringent
State laws and regulations; and
(6) The State agency or the State unit may establish reasonable fees
to cover extraordinary costs of duplicating records or making extensive
searches, and must establish policies and procedures governing access to
records.
(b) State program use. All personal information in the possession of
the State agency or the designated State unit must be used only for
purposes directly connected with the administration of the vocational
rehabilitation program. Information containing identifiable personal
information may not be shared with advisory or other bodies which do not
have official responsibility for administration of the program. In the
administration of the program, the State unit may obtain personal
information from service providers and cooperating agencies under
assurances that the information may not be further divulged, except as
provided under paragraphs (c), (d) and (e) of this section;
(c) Release to involved individuals. (1) When requested in writing
by the involved individual or his or her representative, the State unit
must make all information in the case record accessible to the
individual or release it to him or her or a representative in a timely
manner. Medical, psychological, or other information which the State
unit believes may be harmful to the individual may not be released
directly to the individual but must be provided through his or her
representative, a physician or a licensed or certified psychologist;
(2) When personal information has been obtained from another agency,
or organization, it may be released only by, or under the conditions
established by, the other agency or organization.
(d) Release for audit, evaluation, and research. Personal
information may be released to an organization, agency, or individual
engaged in audit, evaluation, or research only for purposes directly
connected with the administration of the vocational rehabilitation
program, or for purposes which would significantly improve the quality
of life for handicapped persons, and only if the organization, agency,
or individual assures that:
(1) The information will be used only for the purposes for which it
is being provided;
(2) The information will be released only to persons officially
connected with the audit, evaluation or research;
(3) The information will not be released to the involved individual;
(4) The information will be managed in a manner to safeguard
confidentiality; and
(5) The final product will not reveal any personal identifying
information without the informed written consent of the involved
individual, or his or her representative.
(e) Release to other programs or authorities. (1) Upon receiving the
informed written consent of the individual, the State unit may release
to another agency or organization for its program purposes only that
personal information which may be released to the involved individual,
and only to the extent that the other agency or organization
demonstrates that the information requested is necessary for its
program. Medical or psychological information which the State unit
believes may be harmful to the individual may be released when the other
agency or organization assures the State unit that the information will
be used only for the purpose for which it is being provided and will not
be further released to the involved individual;
(2) The State unit must release personal information if required by
Federal law;
(3) The State unit must release personal information in response to
investigations in connection with law enforcement, fraud, or abuse,
(except where expressly prohibited by Federal or State laws or
regulations), and in response to judicial order; and
(4) The State unit may also release personal information in order to
protect the individual or others when the individual poses a threat to
his or her safety or to the safety of others .
(Authority: Secs. 12(c) and 101(a)(6) of the Act; 29 U.S.C. 711(c)
and 721(a)(6))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16988, May 12, 1988)
34 CFR 361.50 Scope of State unit program: Management services and
supervision for small business enterprises for individuals with severe
handicaps.
(a) General provisions. The State plan may provide for establishing
small business enterprises operated by individuals with severe handicaps
and may also provide for management services and supervision for these
enterprises. ''Management services and supervision'' includes
inspection, quality control, consultation, accounting, regulating,
in-service training, and related services provided on a systematic basis
to support and improve small business enterprises operated by
individuals with severe handicaps. ''Managment services and
supervision'' does not include those services or costs which pertain to
the ongoing operation of the individual business enterprise after the
initial establishment period.
(b) Special policies. If the State plan provides for management
services and supervision, it must assure that the State unit maintains:
(1) A description of the types of small business enterprises to be
established;
(2) A description of the policies governing the acquisition of
vending facilities or other equipment and initial stocks (including
livestock) and supplies for business enterprises;
(3) A description of the policies governing the management and
supervision of the program;
(4) A description of how management and supervision will be
accomplished either by the State unit or by some other organization as
the nominee of the unit subject to its control; and
(5) An assurance that only individuals with severe handicaps will be
selected to participate in this supervised program.
(c) Set-aside funds. If the State unit chooses to set aside funds
from the proceeds of the operation of business enterprises, the State
plan must also assure that the State unit maintains a description of the
methods used in setting aside funds, and the purpose for which funds are
set aside. Funds may be used only for small business enterprises
program purposes and any benefits for operators must be provided on an
equitable basis.
(Authority: Secs. 101(a)(6) and 103(b) of the Act; 29 U.S.C.
721(a)(6) and 723(b))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.51 Scope of State unit program: Establishment of
rehabilitation facilities.
If the State plan provides for the establishment of public or other
nonprofit rehabilitation facilities, it must assure that:
(a) The State unit will determine that the need for the establishment
of any rehabilitation facility assisted under this section has been
demonstrated in the State's inventory of rehabilitation facilities under
361.21;
(b) Any rehabilitation facility to be established will meet the State
unit's standards for rehabilitation facilities maintained under 361.45;
(c) The primary purpose of any rehabilitation facility to be
established is to provide vocational rehabilitation services or
transitional or extended employment to individuals with handicaps;
(d) Initial or additional staffing assistance will be available only
for personnel who are engaged in new or expanded program activities of
the rehabilitation facility; and
(e) Any rehabilitation facility established under this part will
develop and implement a plan to take afffirmative action to employ and
advance in employment qualified individuals with handicaps which
provides for specific action steps, timetables, and complaint and
enforcement procedures.
(Authority: Secs. 101(a)(6) and 103(b) of the Act; 29 U.S.C.
721(a)(6) and 723(b))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.52 Scope of State unit program: Construction of
rehabilitation facilities.
If the State plan provides for the construction of public or other
nonprofit rehabilitation facilities, it must assure that:
(a) The State unit will determine that the need for the construction
of any rehabilitation facility assisted under this section has been
demonstrated in the State's inventory of rehabilitation facilities under
361.21;
(b) Any rehabilitation facility to be constructed will meet the State
unit's standards for rehabilitation facilities maintained under 361.45;
(c) The primary purpose of any rehabilitation facility to be
constructed under this section is to provide vocational rehabilitation
services or transitional or extended employment to individuals with
handicaps;
(d) The total Federal financial participation in the expenditures for
the construction of rehabilitation facilities for a fiscal year will not
exceed 10 percent of the State's allotment for that year under section
110 of the Act;
(e) For each fiscal year the amount of the State's share of
expenditures for vocational rehabilitation services under the plan,
other than for the construction of rehabilitation facilities and the
establishment of rehabilitation facilities, will be at least equal to
the average of its expenditures for the other vocational rehabilitation
services for the preceding three fiscal years;
(f) In addition to any other requirement imposed by law, each
proposal will be subject to the requirements for the construction of a
rehabilitation facility under Title III of the Act and the condition
that the applicant will furnish and comply with all assurances set forth
in the application; and
(g) Any rehabilitation facility constructed under this part will
develop and implement a plan to take affirmative action to employ and
advance in employment qualified individuals with handicaps which
provides for specific action steps, timetables and complaint and
enforcement procedures.
(Authority: Secs. 101(a)(6) and 103(b) of the Act; 29 U.S.C.
721(a)(6) and 723(b))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.53 Scope of State unit program: Facilities and services for
groups of individuals with handicaps.
The State plan may provide for facilities and services, including
services provided at rehabilitation facilities, which may be expected to
contribute substantially to the vocational rehabilitation of a group of
individuals, but which are not related directly to the individualized
rehabilitation program of any one individual with handicaps. If the
State plan includes these facilities and services, it must assure that
the State unit establishes and maintains written policies covering their
provision.
(Authority: Secs. 101(a)(6) and 103(b) of the Act; 29 U.S.C.
721(a)(6) and 723(b))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.54 Scope of State unit program: Telecommunications systems.
The State plan may provide for the use of existing telecommunications
systems which have the potential for substantially improving vocational
rehabilitation service delivery methods and developing appropriate
programming to meet the particular needs of individuals with handicaps,
especially those who are homebound, those who live in rural areas, and
those who rely on special modes of communication. These
telecommunications systems shall include telephone, television,
satellite, tactile-vibratory devices, and similar systems, as
appropriate. If the State plan includes these systems, it must assure
that the State unit establishes and maintains written policies covering
their use.
(Authority: Secs. 101(a)(6) and 103(b) of the Act; 29 U.S.C.
721(a)(6) and 723(b))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.55 Scope of State unit program; special materials for blind
individuals and for deaf individuals.
The State plan may provide for the use of special services available
to provide recorded material for blind individuals, captioned
television, films or video cassettes for deaf individuals, tactile
materials for deaf-blind individuals, and other special materials
providing tactile, vibratory, auditory, and visual readout. If the
State plan includes these materials, it must assure that the State unit
establishes and maintains written policies covering their provision.
These policies must ensure that the special communication services are
available in the native languages of individuals with handicaps from
ethnic groups which represent substantial segments of the population of
the State.
(Authority: Secs. 101(a)(6) and 103(b) of the Act; 29 U.S.C. 721
(a)(6) and 723(b))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.56 Utilization of community resources.
The State plan must assure that, in providing vocational
rehabilitation services, maximum utilization is made of public or other
vocational or technical training facilities or other appropriate
community resources.
(Authority: Sec. 101(a)(12)(A) of the Act; 29 U.S.C.
721(a)(12)(A))
34 CFR 361.57 Utilization of profitmaking organizations for on-the-job
training in connection with selected projects.
The State plan must assure that the State unit has the authority to
enter into contracts with profitmaking organizations for the purpose of
providing on-the-job training and related programs for individuals with
handicaps under section 621 of the Act (projects with industry) or
section 622 of the Act (business opportunities for individuals with
handicaps). The State plan must also assure that profitmaking
organizations are utilized by the State unit when it has been determined
that they are better qualified to provide needed services than nonprofit
agencies, organizations, or facilities in the State.
(Authority: Sec. 101(a)(21) of the Act; 29 U.S.C. 721(a)(21))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.58 Periodic review of extended employment in rehabilitation
facilities.
The State plan must assure periodic review and re-evaluation at least
annually, of the status of those individuals with handicaps who have
been placed by the State unit in extended employment in rehabilitation
facilities, to determine the feasibility of their employment or their
training for future employment in the competitive labor market. The
State plan must assure that maximum effort is made to place these
individuals in competitive employment or training for competitive
employment whenever feasible.
(Authority: Sec. 101(a)(16) of the Act; 29 U.S.C. 721(a)(16))
(46 FR 5526, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.58 Subpart C -- Financing of State Vocational Rehabilitation
Programs
Source: 46 FR 5539, Jan. 19, 1981, unless otherwise noted.
34 CFR 361.58 Federal Financial Participation
34 CFR 361.70 Effect of State rules.
Subject to the provisions and limitations of the Act and this part,
Federal financial participation is available in expenditures made under
the State plan (including the administration thereof) in accordance with
applicable State laws, rules, regulations, and standards governing
expenditures by State and local agencies.
(Authority: Sec. 111(a) of the Act; 29 U.S.C. 731(a))
34 CFR 361.71 Vocational rehabilitation services to individuals.
(a) Federal financial participation is available in expenditures made
under the State plan for providing an evaluation of vocational
rehabilitation potential, and for providing specifed vocational
rehabilitation services to individuals with handicaps as appropriate.
Other goods and services not specified under this part and necessary to
determine the vocational rehabilitation potential of an individual with
handicaps or to be of benefit in terms of the individual's employability
may also be provided. (This may include expenditures for short periods
of medical care for acute conditions arising during the course of
rehabilitation, which, if not cared for, would constitute a hazard to
the evaluation of vocational rehabilitation potential or to the
achievement of the rehabilitation objective.)
(b) Federal financial participation may also be available for costs
necessary to determine an individual's eligibility to participate in the
business opportunity program under Section 622 of the Act and the costs
of native healing practitioners who are recognized as such by an Indian
tribe when services are being provided to handicapped American Indians
under the State plan and when the native healing practitioner services
are necessary to achieve the individual's vocational rehabilitation
objective.
(c) Federal financial participation is not available in any
expenditure made, either directly or indirectly, for the purchase of any
land, or for the purchase or erection of any building (except for a
shelter under 361.72) for any one individual with handicaps or for a
group of individuals with handicaps under 361.75.
(Authority: Secs. 12(c) and 103(a) of the Act; 29 U.S.C. 711(c) and
723(a))
(46 FR 5539, Jan. 19, 1981, as amended at 53 FR 16982, 16988, May 12,
1988)
34 CFR 361.72 Management services and supervision for small business
enterprises for individuals with severe handicaps.
(a) Federal financial participation is available in expenditures made
under the State plan for the acquisition of equipment, and initial
stocks (including livestock) and supplies for small business enterprises
(including vending facilities) for individuals with severe handicaps,
and management services and supervision provided by the State unit to
improve the operation of these small business enterprises (including
vending facilities). ''Equipment'' includes shelters, which are those
facilities for a business undertaking which are customarily furnished to
the operator of a similar business occupying premises under a short-term
lease. Federal financial participation is not available in any
expenditure for the purchase of any land, nor for the purchase or
erection of any building. This exclusion with respect to buildings does
not apply to shelters as described in this paragraph.
(b) Federal financial participation is available for expenditures
specified under paragraph (a) of this section, which are made from funds
set-aside by the State unit from the proceeds of the operation of small
business enterprises for the individuals with the most severe handicaps
under its management and supervision.
(Authority: Secs. 12(c) and 103(b) of the Act; 29 U.S.C. 711(c) and
723(b))
(46 FR 5539, Jan. 19, 1981, as amended at 53 FR 16982, 16988, May 12,
1988)
34 CFR 361.73 Establishment of rehabilitation facilities.
(a) Federal financial participation is available in expenditures made
under the State plan for the establishment of public and other nonprofit
rehabilitation facilities for the following types of expenditures,
except as limited in paragraph (b) of this section:
(1) Acquisition of existing buildings, and where necessary, the land
in connection therewith;
(2) Remodeling and alteration of existing buildings;
(3) Expansion of existing buildings;
(4) Architect's fees;
(5) Site survey and soil investigation;
(6) Initial and additional fixed or movable equipment of existing
building;
(7) Initial and additional staffing of rehabilitation facilities;
and
(8) Such other direct expenditures as are appropriate to the
establishment project.
(b) Federal financial participation is not available in any
expenditure:
(1) For the acquisition of an existing building when the Federal
share of the cost of acquisition of the building under this section is
more than $300,000.
(2) For the rental of land, or rental of buildings in connection with
the establishment of rehabilitation facilities;
(3) For the remodeling or alteration of an existing building when the
estimated cost of remodeling or alteration exceeds the fair market value
of the building prior to its remodeling or alteration;
(4) For the expansion of an existing building which has not been
completed in all respects;
(5) For the expansion of an existing building to the extent that the
total size of the resultant expanded building, determined in square
footage of usable space, will be greater than twice the size of the
original existing building; or
(6) For the expansion of an existing building if the method of
joining the expanded portion of the existing building indicates that, in
effect, a separate structure is involved.
(c) The amount of Federal financial participation in the
establishment of a rehabilitation facility, including initial and
additional equipment, and initial and additional staffing for a period
not longer than 4 years and 3 months, shall be the applicable Federal
share in accordance with 361.86.
(d) Funds made available to a private nonprofit agency for the
establishment of a rehabilitation facility must be expended by that
agency in accordance with procedures and standards equivalent to those
of the State unit in making direct expenditures for similar purposes.
(Authority: Sec. 7(4), 12 (c) and 103(b) of the Act; 29 U.S.C.
706(4), 711(c), and 723(b))
(46 FR 5539, Jan. 19, 1981, as amended at 53 FR 16988, May 12, 1988)
34 CFR 361.74 Construction of rehabilitation facilities.
(a) Federal financial participation is available in expenditures made
under the State plan for the construction of public or other nonprofit
rehabilitation facilities for the following types of expenditures:
(1) Acquisition of land in connection with the construction of a
rehabilitation facility;
(2) Acquisition of existing buildings;
(3) Remodeling, alteration or renovation of existing buildings;
(4) Construction of new buildings and expansion of existing buildings
when the expansion is extensive enough to be tantamount to new
construction;
(5) Architect's fees;
(6) Site survey and soil investigation;
(7) Initial fixed or movable equipment of such new, newly acquired,
expanded, remodeled, altered or renovated buildings;
(8) Works of art in an amount not to exceed 1 per cent of the total
cost of the project; and
(9) Other direct expenditures appropriate to the construction
project, except that Federal financial participation is not available
for costs of off-site improvements.
(b) The amount of Federal financial participation in the construction
of a rehabilitation facility may not be more than 50 percent of the
total cost of the project.
(c) Funds made available to a private nonprofit agency for the
construction of a rehabilitation facility must be expended by that
agency in accordance with procedures and standards equivalent to those
of the State unit in making direct expenditures for similar purposes.
(Authority: Secs. 7(1), 12(c), and 103(b) of the Act; 29 U.S.C.
706(1), 711(c) and 723(b))
34 CFR 361.75 Other vocational rehabilitation services for the benefit
of groups of individuals with handicaps.
Federal financial participation is available in expenditures made
under a State plan for the provision of other facilities and services
including services provided at rehabilitation facilities which may be
expected to contribute substantially to the vocational rehabilitation of
a group of individuals with handicaps but which are not related directly
to the rehabilitation of any one individual with handicaps. Federal
financial participation is also available in expenditures for the use of
existing telecommunications systems and for the use of special materials
for blind individuals, deaf individuals and deaf-blind individuals.
(Authority: Secs. 12(c) and 103(b) of the Act; 29 U.S.C. 711(c) and
723(b))
(46 FR 5539, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.76 State and local funds.
For purpose of this part, ''State or local funds'' means:
(a) Funds made available by appropriation directly to the State or
local agency, funds made available by allotment or transfer from any
other unit of State or local government, or expenditures made by any
unit of State or local government under a cooperative program under
361.13.
(b) Contributions by private organizations or individuals, which are
deposited in the account of the State or local agency in accordance with
State law, for expenditure by, and at the sole discretion of, the State
or local agency. Contributions earmarked for meeting the State's share
for providing particular services, for serving certain types of
disabilities, for providing services for special groups identified on
the basis of criteria which would be acceptable for the earmarking of
public funds, or for carrying on types of administrative activities so
identified may be considered to be State funds, if permissible under
State law, except that Federal financial participation will not be
available in expenditures that revert to the donor's use or facility;
(c) Funds set aside pursuant to 361.72(b); or
(d) Contributions by private agencies, organizations or individuals
deposited in the account of the State or local agency in accordance with
State law, which are earmarked, under a condition imposed by the
contributor, for meeting (in whole or in part) the State's share for
establishing or constructing a particular rehabilitation facility, if
permissible under State law. These funds may be used to earn Federal
funds only with respect to expenditures for establishing or constructing
the particular rehabilitation facility for which the contributions are
earmarked.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 361.77 Shared funding and administration of joint projects or
programs.
Where the Secretary approves a request by the State unit to
participate in a joint project or program with another agency or
agencies of the State, or with a local agency in accordance with
361.11. Federal financial participation is available in the State unit
share of costs for which there is Federal participation under the Act.
(Authority: Secs. 12(c) and 101(a)(1)(A) of the Act; 29 U.S.C.
711(c) and 721(a)(1)(A))
34 CFR 361.78 Waiver of Statewideness.
If the approved State plan provides for activities to be carried out
in one or more political subdivisions through local financing ( 361.12),
Federal financial participation is available in expenditures made under
the State plan for vocational rehabilitation services and administration
in connection with these activities except that funds made available to
the State unit by these political subdivisions of the State (including
funds contributed to such a subdivision by a private agency,
organization or individual) may be earmarked for use within a specific
geographical area or for use within a specific facility or for the
benefit of a group of individuals with a particular disability. Nothing
in this paragraph, however, authorizes the further earmarking of funds
for a particular individual or for members of a particular organization,
and Federal financial participation is not available in expenditures
that revert to the donor's use of facility where the donor is a private
agency, organization or individual.
(Authority: Secs. 12(c) and 101(a)(4) of the Act; 29 U.S.C. 711(c)
and 721(a)(4))
34 CFR 361.78 Allotment and Payment
34 CFR 361.85 Allotment of Federal funds for vocational rehabilitation
services.
(a) The allotment of the Federal funds for vocational rehabilitation
services for each State is computed in accordance with the requirements
of section 110 of the Act.
(b) For fiscal year 1987 and for each subsequent fiscal year, the
Secretary reserves, from the amount appropriated for grants under
section 100(b)(1), not less than one quarter of one percent and not more
than one percent to carry out Part D of Title I of the Act.
(c) Where the State plan designates separate agencies to administer
(or supervise the administration of) the part of the plan under which
vocational rehabilitation services are provided for the blind, and the
rest of the plan, respectively, the division of the State's allotment is
a matter for State determination.
(d) The total Federal financial participation in the expenditures for
construction for a fiscal year may not exceed 10 percent of the State's
allotment for that year. The amount of the State's share of
expenditures for vocational rehabilitation services other than for the
establishment of rehabilitation facilities or the construction of
rehabilitation facilities must be at least equal to the average of its
expenditures for those other vocational rehabilitation services for the
preceding 3 fiscal years.
(Authority: Secs. 12(c) and 110 of the Act; 29 U.S.C. 711(c) and
730)
(46 FR 5539, Jan. 19, 1981, as amended at 53 FR 16988, May 12, 1988)
34 CFR 361.86 Payments from allotments for vocational rehabilitation
services.
(a) Except as provided in 361.85(d), the Secretary pays to each
State an amount computed in accordance with the requirements of section
111 of the Act. For fiscal years 1987 and 1988, the Federal share for
each State is 80 percent, except for the cost of construction of
rehabilitation facilities. Beginning in fiscal year 1989, the Federal
share for each State decreases by one percent per year for five years
for funds received in excess of the amount received in fiscal year 1988.
The Federal share of these excess payments is 79 percent in fiscal year
1989; 78 percent in fiscal year 1990; 77 percent in fiscal year 1991;
76 percent in fiscal year 1992; and 75 percent in fiscal year 1993,
except for the cost of construction of rehabilitation facilities.
(b)(1) In fiscal year 1990 and each subsequent fiscal year, the
Secretary reduces amounts otherwise payable to a State under this
section for that fiscal year if the State's expenditures from
non-Federal sources, as specified in 361.76, under the State's approved
plan for vocational rehabilitation services for the prior fiscal year,
are less than --
(2) The average of the State's total expenditures from non-Federal
sources for the three fiscal years preceding that prior fiscal year.
(c) Any reduction in a State's allotment is equal to the amount by
which the expenditures specified in paragraph (b)(1) of this section are
less than the average expenditures specified in paragraph (b)(2) of this
section.
(d) Expenditures from non-Federal sources referred to in paragraph
(b) of this section do not include expenditures from non-Federal sources
required to receive payments under subpart F of this part.
(e)(1) The Secretary may waive or modify any requirement or
limitation in section 111(a)(2) (A) and (B) of the Act, if the Secretary
determines that a waiver or modification of the State maintenance of
effort requirement is necessary to permit the State to respond to
exceptional or uncontrollable circumstances, such as a major natural
disaster or a serious economic downturn, that --
(i) Cause significant unanticipated expenditures or reductions in
revenue; and
(ii)(A) Result in a general reduction of programs within the State;
or
(B) Result in the State making substantial expenditures in the
vocational rehabilitation program for long-term purposes due to the
one-time costs associated with construction or establishment of
rehabilitation facilities, or the acquisition of equipment.
(2) A written request for waiver or modification, including
supporting justification, must be submitted to the Secretary as soon as
the State determines that an exceptional or uncontrollable circumstance
will prevent it from making its required expenditures from non-Federal
sources.
(f) If a reduction in payments for any fiscal year is required in the
case of a State where separate agencies administer, or supervise the
administration of, the part of the plan under which vocational
rehabilitation services are provided for blind individuals and the rest
of the plan, the reduction is made in direct relation to the amount by
which expenditures from non-Federal sources under each part of the plan
are less than they were under that part of the plan for the average of
the total of those expenditures for the three preceding fiscal years.
(Approved by the Office of Management and Budget under control number
1820-0587)
(Authority: 29 U.S.C. 706(7), 711(c), and 731)
(56 FR 33149, July 18, 1991)
34 CFR 361.87 Reallotment.
(a) The Secretary makes a determination as to what States (if any)
will not use their full allotment not later than 45 days before the end
of a fiscal year.
(b) As soon as possible, but not later than the end of the fiscal
year, the Secretary reallots these funds to other States that can use
those additional funds during the fiscal year, or to pay for initial
expenditures during the subsequent fiscal year. To receive reallotted
funds, a State must assure that it will be able to obligate fully all of
its original allotment within the fiscal year for which the funds were
appropriated. Funds reallotted to another State are considered to be an
increase to that State's allotment for the fiscal year for which the
funds were appropriated.
(Authority: Sec. 110(c)(1) of the Act; 29 U.S.C. 730)
(53 FR 16988, May 12, 1988)
34 CFR 361.88 Method of computing and making payments.
(a) Estimates. Before the beginning of each fiscal quarter or other
prescribed period, the Secretary estimates the amount to be paid to each
State from its allotment for vocational rehabilitation services under
section 110 of the Act, and its allotment for innovation and expansion
projects under section 120 of the Act. This estimate is based on
records of the State and information furnished by it, and any other
investigation found necessary by the Secretary.
(b) Payments. The Secretary pays, from the allotment available, the
amount estimated for the determined period. In making any payment,
additions and subtractions are made as necessary in balancing the
Federal-State account for any prior period on the basis of the State's
accounting. Payments are made prior to audit or settlement through a
Letter of Credit system.
(Authority: Sec. 12(c) and 111 of the Act; 29 U.S.C. 711(c) and
731)
(46 FR 5539, Jan. 19, 1981. Redesignated at 53 FR 16988, May 12,
1988)
34 CFR 361.89 Refunds.
Any amount refunded or repaid by the State is credited to the Federal
account in proportion to the Federal participation in the expenditures
by reason of which the refunds or repayments were made. These sums are
considered as granted from the State's allotment.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5539, Jan. 19, 1981. Redesignated at 53 FR 16988, May 12,
1988)
34 CFR 361.90 Determining to which fiscal year expenditures are
chargeable.
In determining to which Federal fiscal year expenditures are
chargeable, States are governed by the following:
(a) Expenditures are chargeable to a particular fiscal year in
accordance with State laws or regulations. In the absence of applicable
provisions of State laws or regulations, the actual date of the
expenditure is controlling;
(b) In the event that a State's fiscal year does not coincide with
the Federal fiscal year, appropriate State laws or regulations governing
the recording of expenditures govern;
(c) In those States which appropriate funds for a biennium, the
principles provided in State laws, regulations and practices for
determining to which year of the biennium an expenditure is charged
apply.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5539, Jan. 19, 1981. Redesignated at 53 FR 16988, May 12,
1988)
34 CFR 361.91 Audits.
(a) Whenever considered necessary and appropriate, the operations of
the State program are audited. These audits are made to determine
whether the State program is being operated in a manner that:
(1) Encourages prudent use of program funds; and
(2) Provides a reasonable degree of assurance that funds are being
properly expended for the purpose for which appropriated and provided
under the Act and the State plan.
(b) Final determination as to action to be taken as a result of an
audit is made by the Secretary.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5539, Jan. 19, 1981. Redesignated at 53 FR 16988, May 12,
1988)
34 CFR 361.92 Appeals procedures and expenditures settlement.
The State agency has the right to appeal proposed audit exceptions in
which it has not concurred. When expenditures have not been accepted by
the Secretary and the State has not made proper restitution, the claim
is deducted from subsequent grants made to the State agency.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5539, Jan. 19, 1981. Redesignated at 53 FR 16988, May 12,
1988)
34 CFR 361.92 Subparts D -- E -- (Reserved)
34 CFR 361.92 Subpart F -- Grants for Innovation and Expansion of
Vocational Rehabilitation Services
Source: 46 FR 5542, Jan. 19, 1981, unless otherwise noted.
34 CFR 361.150 Purpose.
Under section 121(a) of the Act, the Secretary makes grants for the
purpose of paying a portion of the cost of planning, preparing for, and
initiating special programs under the State plan in order to expand
vocational rehabilitation services, including --
(a) Programs to initiate or expand services to individuals with the
most severe handicaps;
(b) Special programs to initiate or expand services to classes of
individuals with handicaps who have unusual or difficult problems in
connection with their rehabilitation; or
(c) Programs to maximize the use of technological innovations in
meeting the employment training needs of handicapped youth and adults.
(Authority: Sec. 121(a) of the Act; 29 U.S.C. 741(a))
(50 FR 38629, Sept. 23, 1985, as amended at 53 FR 16982, May 12,
1988)
34 CFR 361.151 Special project requirements.
(a) All project activities to be performed under this subpart must
either be included within the scope of the approved State plan, or the
State plan must be amended to include them.
(b) Grants may be made to a State agency or at the option of the
State agency to a public or nonprofit organization or agency.
(c) The approval of the appropriate State agency must be secured
before funds may be granted to any organization or agency other than the
State agency for the provision of direct services to individuals with
handicaps or for establishing or maintaining facilities which provide
direct services to individuals with handicaps.
(d) Written program descriptions of activities to be conducted under
grants under this subpart, including a budget, must be submitted in
detail and according to the procedures required by the Secretary.
(e) Federal financial participation in the cost of any project uder
this subpart is not available for any period longer than 36 months.
(f) The construction of a rehabilitation facility may not be
undertaken unless it has been demonstrated to be essential to carrying
out a project for providing services under this subpart. In addition,
the need for the facility must have been demonstrated in the State's
inventory of rehabilitation facilities under 361.23.
(g) Grants may not be made solely for the purpose of planning or
determining the feasibility of initiating a vocational rehabilitation
service program.
(h) In order to receive assistance, a public or other nonprofit
organization or agency, including a public or other nonprofit
rehabilitation facility, must develop and implement an affirmative
action plan for equal employment opportunity and advancement opportunity
for qualified individuals with handicaps. The affirmative action plan
must provide for specific action steps, time tables, and complaint and
enforcement procedures.
(Authority: Secs. 12(c), 121(a) and 121(b) of the Act; 29 U.S.C.
711(c), 741(a) and 741(b))
(46 FR 5542, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.152 Allotment of Federal funds.
(a) The allotment and any reallotment of Federal funds under this
subpart is computed in accordance with the requirements of section 120
of the Act.
(b) If at any time after the start of any fiscal year, or after a
review after May 1 of that fiscal year, the Secretary determines that
any amount will not be utilized by a State in carrying out the purpose
of this subpart, he makes that amount available to one or more other
States which he determines will be able to use additional amounts during
the fiscal year. Any amount made available to any State under this
paragraph of this section is regarded as an increase in the State's
allotment for the year.
(c) Where the State plan designates separate agencies to administer
(or supervise the administration of) the part of the plan under which
vocational rehabilitation services are provided for the blind, and the
rest of the plan, respectively, the division of the State's allotment is
a matter for State determination.
(d) Within each State's allotment, the Secretary may require that up
to 50 percent of available funds must be expended in connection with
projects which he has first approved. If the Secretary so requires, he
notifies the States of any established program priorities at least 90
days prior to the beginning of each fiscal year.
(Authority: Secs. 12(c), 120 and 121 of the Act; 29 U.S.C. 711(c),
740 and 741)
34 CFR 361.153 Payments from allotments.
From the sums allotted under 361.152, the Secretary pays to each
State for any project approved under this subpart, an amount up to 90
percent of the costs of the project, (except for a project for
construction of a rehabilitation facility where the amount is no more
than 50 percent of the total cost of the project) consistent with annual
instructions or program guidelines. The amount of Federal financial
participation in the costs of construction of a rehabilitation facility
is the same percentage specified in 361.74(b).
(Authority: Secs. 7(6) and 121(b) of the Act; 29 U.S.C. 706(6) and
741(b))
34 CFR 361.154 Methods of computing and making payments.
Computing and making payments are done in accordance with 361.87.
The provisions of 361.88 through 361.91 also apply.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 361.155 Reports.
A grantee must submit reports required by the Secretary and must
comply with any requirements necessary to assure the correctness and
verification of these reports. These reports include an annual report
of program accomplishments reflecting the extent to which programs of
vocational rehabilitation services have been initiated or expanded for
individuals with severe handicaps or for other individuals who have
unusual and difficult problems in connection with their rehabilitation.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5542, Jan. 19, 1981, as amended at 53 FR 16982, May 12, 1988)
34 CFR 361.155 Subpart G -- Procedures for Hearings on State Plan
Conformity and Compliance
Source: 46 FR 5543, Jan. 19, 1981, unless otherwise noted.
34 CFR 361.170 General provisions.
(a) Scope. These hearing procedures apply to notice and opportunity
for a hearing on:
(1) Disapproval of a State plan or amendment; and
(2) Determination that the State agency has failed in the
administration of its approved plan to comply substantially with the
provisions of its plan.
(b) Negotiations. Nothing in this subpart limits negotiations
between the Rehabilitation Services Administration and the State.
Negotiations on hearing issues are not part of the hearing and are not
subject to the rules in this subpart.
(c) How to get records. Papers filed in connection with a hearing
may be inspected and copied in the office of the Rehabilitation Services
Administration Hearing Clerk. Individuals may direct inquiries to the
Rehabilitation Services Administration Hearing Clerk, Department of
Education, 330 C Street SW., Washington, DC 20201.
(d) How to file and serve papers. (1) Anyone who wishes to submit
papers for the docket shall file with the Rehabilitation Services
Administration Hearing Clerk an original and two copies except that only
originals of exhibits and testimony transcripts need be filed.
(2) Anyone who wishes papers to be part of the record shall also
serve copies on the parties by personal delivery or by mail, and file
proof of this service with the Rehabilitation Services Administration
Hearing Clerk. Service on a party's designated attorney is the same as
service on the party.
(e) When rules are suspended. After notifying the parties, the
Secretary or the individual designated as presiding officer may modify
or waive any rule in this subpart if it is decided that the action is
equitable and will not unduly prejudice the rights of any party.
(Authority: Secs. 12(c), 101(b) and 101(c) of the Act; 29 U.S.C.
711(c), 721(b) and 721(c))
34 CFR 361.171 How to request a hearing.
(a) Time limit. A State agency has 60 days from receipt of the
Secretary's written notice of proposed disapproval of a State plan or
plan amendment, or intended compliance action to request a hearing. The
agency shall make its request in writing to the Secretary.
(b) What happens if a State agency does not request a hearing. If
the State agency does not request a hearing within the time allowed by
paragraph (a) of this section, the Secretary makes a final determination
and notifies the agency by letter of the decision to withhold either all
further payments under the plan or only payments for those portions of
the plan affected.
(c) How request is acknowledged -- (1) Notice of hearing. Within 30
days of receiving a hearing request, the Secretary notifies the State
agency in writing of the date, time, and place of the hearing and of the
issues to be considered. The Secretary publishes the hearing notice in
the Federal Register. The hearing will be held in a setting with
accommodations necessary to make it free from architectural,
communication and other barriers to the participation of handicapped
persons.
(2) When a hearing is held. The date set for a hearing is 20 to 60
days from the date the State agency receives the hearing notice.
However, the State agency and the presiding officer may agree in writing
to a different date.
(Authority: Secs. 12(c), 101(b) and 101(c) of the Act; 29 U.S.C.
711(c), 21(b) and 721(c))
34 CFR 361.172 Hearing issues.
(a) What the hearing issues are. The issues at a hearing are those
included in the Secretary's notice to the State agency.
(b) How the Secretary may add issues. At least 20 days before a
hearing, the Secretary notifies the agency by letter of any additional
issues to be considered. The Secretary publishes this notice in the
Federal Register. If the agency does not receive its notice of
additional issues in the required time, any party may request that the
presiding officer postpone the hearing. If a request is made, the
presiding officer sets a new hearing date that is 20 to 60 days from the
date the agency received the notice of additional issues.
(c) How actions by the State may cause the Secretary to add, modify,
or remove issues. The Secretary may add, modify, or remove issues if
the State agency:
(1) Conforms its plan to Federal requirements; or
(2) Changes its practices or organization to comply with its approved
State plan.
(d) What happens if State action causes the Secretary to add, modify,
or remove issues. (1) If the Secretary specifies new or modified
issues, the hearing proceeds on these issues.
(2) (i) If the Secretary removes an issue, the hearing proceeds on
the remaining issues. If the Secretary removes all issues, the
Secretary terminates the hearing proceedings. The Secretary may
terminate hearing proceedings or remove issues before, during, or after
the hearing.
(ii) Before removing an issue, the Secretary notifies the parties
other than the Rehabilitation Services Administration and the State
agency of the issue and the reasons for removing the issue. Within 20
days of the date of this notice, the parties may submit comments in
writing on the merits of the proposed removal. The Secretary considers
these comments and they become part of the record.
(Authority: Secs. 12(c), 101(b) and 101(c) of the Act; 29 U.S.C.
711(c), 721(b) and 721(c))
34 CFR 361.173 What the purpose of a hearing is.
The purpose of the hearing is to receive factual evidence and
testimony, including expert opinion testimony, related to the issues.
The presiding officer may not allow argument as evidence.
(Authority: Secs. 12(c), 101(b) and 101(c) of the Act; 29 U.S.C.
711(c), 721(b) and 721(c))
34 CFR 361.174 Who presides.
The presiding officer at a hearing is the Secretary or a person the
Secretary designates. If the Secretary designates a presiding officer,
the Secretary sends copies of the designation notice to the parties.
(Authority: Secs. 12(c), 101(b) and 101(c) of the Act; 29 U.S.C.
711(c), 721(b) and 721(c))
34 CFR 361.175 How to be a party or an amicus curiae to a hearing.
(a) Rehabilitation Services Administration and State agency. The
Rehabilitation Services Administration and the State agency are parties
to a hearing without having to request participation.
(b) Other parties or amicus curiae. An individual or group wishing
to be a party or amicus curiae to a hearing may file a petition with the
Rehabilitation Services Administration Hearing Clerk no more than 15
days following publication of the hearing notice in the Federal
Register. A petitioner who wishes to be a party must also provide a
copy of the petition to each party of record at that time.
(c) What must be in a petition. A petition must state concisely:
(1) Whether the petitioner wishes to be a party or an amicus curiae;
(2) The petitioner's interest in the proceedings;
(3) Who will appear for the petitioner;
(4) The issues on which the petitioner wishes to participate; and
(5) Whether the petitioner intends to present witnesses, if the
petitioner wishes to be a party.
(Authority: Secs. 12(c), 101(b) and 101(c) of the Act; 29 U.S.C.
711(c), 721(b) and 721(c))
34 CFR 361.176 What happens to a petition.
(a) Petitions to be a party. (1) The presiding officer determines if
the issues to be considered at the hearing have caused the petitioner
injury and if the petitioner's interest is within the zone of interest
protected by the governing Federal statute. The presiding officer
permits or denies the petition accordingly and promptly sends the
petitioner a written notice of the decision. If the presiding officer
denies the petition, the officer states the reasons in the notice.
(2) Before making this determination, the presiding officer will
allow any party to file comments on the petition to be a party. Any
party who wishes to file comments must do so within 5 days of receiving
the petition.
(3) If the presiding officer decides that parties by petition have
common interest, the officer may require that they designate a single
representative, or may recognize two or more of these parties to
represent all of them.
(b) Petitions to be amicus curiae. The presiding officer determines
if the petitioner has a legitimate interest in the proceedings and may
contribute materially to the proper settlement of the issues. The
officer also determines if the petitioners' participation would unduly
delay the proceedings. The presiding officer permits or denies the
petition accordingly and promptly sends the petitioner a written notice
of the decision. If the presiding officer denies the petition, the
officer states the reason in this notice.
(Authority: Secs. 12(c), 101(b), and 101(c) of the Act; 29 U.S.C.
711(c), 721(b) and 721(c))
34 CFR 361.177 Rights of parties and amicus curiae.
(a) What rights parties have. A party may:
(1) Appear by counsel or other authorized representative in all
hearing proceedings;
(2) Participate in any prehearing conference held by the presiding
officer;
(3) Stipulate facts that, if uncontested, become part of the record;
(4) Make opening statements;
(5) Present relevant evidence;
(6) Present witnesses who must be available for cross-examination;
(7) Present oral arguments at the hearing; and
(8) Submit written briefs, proposed findings of fact, and proposed
conclusions of law, after the hearing.
(b) What rights an amicus curiae has.
An amicus curiae may:
(1) Present an oral statement at the hearing at the time specified by
the presiding officer;
(2) Submit a written statement of position to the presiding officer
before the hearing begins; and
(3) Submit a brief or written statement at the same time the parties
submit briefs
If the amicus curiae submits a written statement or brief, the amicus
shall serve a copy on each party.
(Authority: Secs. 12(c), 101(b), and 101(c) of the Act; 29 U.S.C.
711(c), 721(b), and 721(c))
34 CFR 361.178 Authority of presiding officer.
(a) General rule. The presiding officer conducts a fair hearing,
avoids delay, maintains order and makes a record of the proceedings. In
so doing, he or she has authority that includes:
(1) Regulating the course of the hearing;
(2) Regulating the participation and conduct of parties, amici
curiae, and others at the hearing;
(3) Ruling on procedural matters and, if necessary, issuing
protective orders or other relief to a party against whom discovery is
sought;
(4) Taking any action authorized by the rules in this subpart;
(5) Making a final decision, if the Secretary is the presiding
officer;
(6) Administering oaths and affirmations;
(7) Examining witnesses;
(8) Receiving or excluding evidence; and
(9) Ruling on or limiting evidence or discovery.
(b) What the presiding officer may not do. The presiding officer may
not compel by subpoena the production of witnesses, papers, or other
evidence.
(c) When the presiding officer's authority is limited. If the
presiding officer is not the Secretary, the officer certifies the entire
record to the Secretary, including a recommended decision on each issue
in the hearing, but may not make a final decision.
(Authority: Secs. 12(c), 101(b), 101(c) of the Act; 29 U.S.C.
711(c), 721(b), and 721(c))
34 CFR 361.179 Discovery.
A party has the right to conduct discovery against other parties.
These discovery proceedings are subject to Rules 26-37, Federal Rules of
Civil Procedure. The presiding officer promptly rules on any written
objection to discovery and may restrict or control discovery to prevent
undue delay in the hearing. If a party fails to respond to discovery
procedures, the presiding officer may issue any order and impose any
sanction (other than contempt orders) authorized by Rule 37 of the
Federal Rules of Civil Procedure.
(Authority: Secs. 12(c), 101(b), and 101(c) of the Act; 29 U.S.C.
711(c), 721(b) and 721(c))
34 CFR 361.180 How evidence is handled.
(a) Testimony. Witnesses, under oath or affirmation, give oral
testimony at a hearing. Witnesses must be available at a hearing for
cross-examination by the parties.
(b) Rules of evidence. Technical rules of evidence do not apply to
hearings described in this subpart. The presiding officer applies any
rules or principles necessary to ensure disclosure of the most credible
evidence available and to subject testimony to cross-examination.
Cross-examination may be on any material matter, regardless of the scope
of direct examination.
(Authority: Secs. 12(c), 101(b), and 101(c) of the Act; 29 U.S.C.
711(c), 721(b), and 721(c))
34 CFR 361.181 What happens to unsponsored written material.
Letters and other written material regarding matters at issue, if not
submitted specifically on behalf of a party, become part of the
correspondence section of the docket. This material is not part of the
evidence or the record.
(Authority: Secs. 12(c), 101(b), and 101(c) of the Act; 29 U.S.C.
711(c), 721(b), and 721(c))
34 CFR 361.182 What the record is.
(a) Official transcript. The Rehabilitation Services Administration
designates the official reporter for a hearing. The Rehabilitation
Services Administration Hearing Clerk has the official transcript of
testimony, and other material submitted with the official transcript.
The parties and the public may obtain transcripts of testimony from the
official reporter at rates that do not exceed the maximum fixed by
contract between the reporter and the Rehabilitation Services
Administration. Upon notice to the parties, the presiding officer may
authorize transcript corrections that involve matters of substance.
(b) Record. The record for the hearing decision is the transcript of
testimony, exhibits, and all other papers and requests filed in the
proceedings except for the correspondence section of the docket. The
record includes rulings and any recommended decision.
(Authority: Secs. 12(c), 101(b), and 101(c) of the Act; 29 U.S.C.
711(c), 721(b), and 721(c))
34 CFR 361.183 Posthearing briefs.
The presiding officer fixes the time for filing posthearing briefs.
They may contain proposed findings of fact and conclusions of law. The
presiding officer may permit filing of reply briefs.
(Authority: Secs. 12(c), 101(b), and 101(c) of the Act; 29 U.S.C.
711(c), 721(b), and 721(c))
34 CFR 361.184 Decisions.
(a) If the Secretary is the presiding officer. If the Commission is
the presiding officer, the Secretary issues a final decision 60 days
after the time allowed for filing posthearing or reply briefs ends. The
Secretary provides copies of the decision to all parties and any amici
curiae.
(b) If the Secretary appoints a presiding officer. (1) No later than
30 days after the time for filing posthearings or reply briefs ends, the
presiding officer certifies the entire record, including his or her
recommended decision, to the Secretary.
(2) The Secretary provides a copy of the recommended decision to the
parties and any amici curiae. Within 20 days, a party may file with the
Secretary, exceptions to the recommended decision. The party must file
a supporting brief or statement with the exception.
(3) The Secretary reviews the record, and, within 60 days of the date
of receipt of the presiding officer's recommended decision, the
Secretary issues a final decision. The Secretary provides copies of the
decision to all parties and any amici curiae.
(c) If the Secretary decides, after a hearing, that the plan or plan
amendment is not approvable, or substantial noncompliance exists, the
final decision indicates whether RSA will withhold all further payments
or only payments under portions of the plan affected.
(Authority: Secs. 12(c), 101(b), and 101(c) of the Act; 29 U.S.C.
711(c), 721(b), and 721(c))
34 CFR 361.185 When a decision is effective.
(a) The Secretary's decision, which constitutes final agency action
within the meaning of 5 U.S.C. 704 and a final determination under
section 101(b) and (c)(1) of the Act, specifies the effective date for
RSA's reduction or withholding of the State's grant. This effective
date may not be earlier than the date of the Secretary's decision or
later than the first day of the next calendar quarter.
(b) The decision remains in effect unless reversed or stayed on
judicial appeal, or until the plan or State agency administration of the
plan meets all Federal requirements, except that the Secretary may
modify or set aside his or her decision before the record of the
proceedings under this subpart is filed in court.
(Authority: Secs. 12(c), 101(b), and 101(c) of the Act; 29 U.S.C.
711(c), 721(b), and 721(c))
34 CFR 361.186 How the State may appeal.
A State may appeal to the U.S. Court of Appeals which has
jurisdiction in the State, the final decision of the Secretary
disapproving the State plan or plan amendment or finding noncompliance.
The State must file the appeal within 30 days after receiving the
Secretary's final decision.
(Authority: Secs. 12(c), 101(b), and 101(c) of the Act; 29 U.S.C.
711(c), 721(b), and 721(c))
34 CFR 361.186 PART 362 -- PROJECT GRANTS AND OTHER ASSISTANCE IN VOCATIONAL REHABILITATION
34 CFR 361.186 Subpart A -- (Reserved)
34 CFR 361.186 Subpart B -- Projects for the Provision of Vocational
Rehabilitation Services
Sec.
362.41 Special projects and demonstrations; new approaches to
service delivery; making recreational activities accessible to the
handicapped.
362.44 Projects for vocational training services.
34 CFR 361.186 Subpart C -- Assistance for Rehabilitation Facilities
362.50 Project development grants.
362.51 Grants for construction of rehabilitation facilities.
362.52 Initial staffing grants.
362.53 Rehabilitation facility improvement grants.
34 CFR 361.186 Subparts D -- G (Reserved)
34 CFR 361.186 Subpart H -- Technical Assistance
362.100 Furnishing of technical assistance.
362.101 Per diem payments.
362.102 Recommendations and reports.
Authority: Sec. 400(b), 87 Stat. 386 (29 U.S.C. 780(b)).
Source: 40 FR 54718, Nov. 25, 1975, unless otherwise noted.
Redesignated at 45 FR 77369, Nov. 21, 1980.
34 CFR 361.186 Subpart A -- (Reserved)
34 CFR 361.186 Subpart B -- Projects for the Provision of Vocational Rehabilitation Services
34 CFR 362.41 Special projects and demonstrations; new approaches to
service delivery; making recreational activities accessible to the
handicapped.
(a) Purpose. Under section 304(b)(2) of the Act, grants may be made
for the purpose of paying all or part of the cost of special projects
and demonstrations, and research and evaluation in connection with such
special projects and demonstrations, for applying new types or patterns
of services or devices, including opportunities for new careers for
handicapped individuals or other individuals in programs serving
handicapped individuals. Under section 304(b)(3) of the Act, grants may
be made for the purpose of paying all or part of the cost of special
projects and demonstations, and research and evaluation in connection
with such special projects and demonstrations, for operating programs
(including renovation and construction of facilities, where appropriate)
to demonstrate methods of making recreational activities fully
accessible to handicapped individuals.
(b) Eligible applicants. Applications may be made by States and
public and other nonprofit agencies and organizations.
(c) Matching requirements. Grants may be made for paying all or part
of the costs of activities covered under this section. Where part of
the costs is to be borne by the grantee, the amount of grantee
participation will be determined at the time of the grant award and will
generally be not less than 10 per centum of the total cost of the
project. In projects and demonstrations providing new career
opportunities, grantees will be expected to assume an increasing
percentage of the new careerist expenses in order to assure that
employment commitments will be met.
(d) Federal financial participation. Federal financial participation
may be available for costs specified in 362.8 and may also be available
for:
(1) New careerist salary and training expenses;
(2) Necessary supportive services to enable new careerists to secure
employment; and
(3) In the case of a project which involves the renovation of
construction of facilities, such costs as are specified in 362.51(d).
(e) Project period. A project may be approved for a project period
not to exceed 3 years.
(f) Evaluative component. All projects and demonstrations supported
under this section shall contain an evaluative component which shall
measure program effectiveness.
(g) Selection of handicapped individuals to participate in a project.
Handicapped individuals to be provided new career opportunities and
supportive services under this section will be only those individuals
who have been determined by the State agency to be handicapped
individuals under 361.1(k) of this chapter.
(h) Special considerations in projects and demonstrations providing
new career opportunities. Applicants will provide assurance that the
occupations for which training is being provided offer possibilities for
continuing full-time employment and realizable opportunity for promotion
and advancement through structured channels of promotion.
(i) Special consideration in projects and demonstrations for making
recreational activities accessible to the handicapped. Approved
projects to demonstrate methods of making recreational activities fully
accessible to handicapped individuals shall include provisions to:
(1) Ensure conformance with the ''American Standard Specifications
for Making Buildings and Facilities Accessible to, and Usable by, the
Physically Handicapped,'' No. A117.1-1961, as modified by other
standards prescribed by the Secretary of Housing and Urban Development
(24 CFR part 40) or the Administrator of General Services (41 CFR
101-17.703) and any other standards established by the Secretary, with
the advice of the Architectural and Transportation Barriers Compliance
Board, relating to the removal of architectural or transportation
barriers;
(2) Focus on as broad a range of recreational activities as is
appropriate to the geographical area, including indoor and outdoor
recreational activities and recreational activities related to the fine
arts;
(3) Ensure in those projects in which renovation or construction of
facilities is involved, that such renovation or construction shall
conform with all requirements specified under 362.51(d)-(g) of this
part.
34 CFR 362.44 Projects for vocational training services.
(a) Terms. For purposes of this section --
(1) Training in occupational skills means a planned and systematic
sequence of instruction under competent supervision which is designed to
impart predetermined skills and knowledge with respect to a specific
occupational objective or a job family, and to assist the individual to
adjust to a work environment through the development of appropriate
patterns of behavior.
(2) Work evaluation means the appraisal of the individual's capacity:
(i) To adjust to a work environment;
(ii) To acquire occupational skills; and
(iii) To attain appropriate vocational goals.
(3) Work testing means the utilization of work, simulated or real, to
assess the individual's productive, physical, and psychological capacity
to adapt to a work environment.
(4) Job tryouts means work experience, within a rehabilitation
facility or in conjunction with outside industry or other community
resources to assist the individual to acquire knowledge and develop
skills; and to assess his readiness for job placement or fitness to
engage in a specific occupation.
(5) Vocational training services includes:
(i) Training with a view toward career advancement;
(ii) Training in occupational skills;
(iii) Related services including work evaluation, work testing,
provision of occupational tools and equipment required by the individual
to engage in such training, and job tryouts, and
(iv) Payment of weekly training allowances to individuals receiving
such training and related services.
(b) Purpose. Under section 302(b) of the Act, grants may be made to
pay part of the cost of projects for providing vocational training
services, leading to maximum employability, to handicapped individuals,
especially the most severely handicapped, in public or other nonprofit
rehabilitation facilities.
(c) Eligible applicants. Applications may be made by States and
public and nonprofit organizations and agencies. The rehabilitation
facility to be involved in the provision of vocational training
services, shall:
(1) Be a public or nonprofit rehabilitation facility;
(2) Have been in operation at least 1 year;
(3) Provide training courses in occupational skills (with the major
portion of each course being provided within the rehabilitation
facility) and related services including work evaluation, work testing,
and job tryouts and the major portion of each of these items with the
exception of job tryouts, will be provided within the rehabilitation
facility;
(4) Meet occupational health and safety standards prescribed by
regulations of the Secretary of Labor;
(5) Substantially meet any standards for rehabilitation facilities
established by the Secretary; and
(6) Prepare trainees for gainful employment.
(d) Matching requirements. The Federal share shall not exceed 90 per
centum of the total cost of the project.
(e) Federal financial participation. Federal financial participation
may be available for costs specified in 362.8 and may also be available
for the costs of weekly training allowances.
(f) Project period. A project may be approved for a project period
not to exceed 3 years.
(g) Assurances from applicant. In addition to any other requirement
imposed under the Act, each grant is subject to the condition that the
applicant will furnish assurances that:
(1) Weekly training allowances will not reduce, but will supplement,
any wages or other remuneration due to a trainee, and the amount of the
payment for the weekly training allowance will be identified and
disbursed separately from any payment representing wages or other
remuneration due to a trainee;
(2) No trainee will remain in training when it is determined that he
is no longer making progress (as indicated by regular training progress
reports) toward the completion of his training program or the
development of a capability for maximum employability, or in any event
for more than 2 years;
(3) In the event any portion of the vocational training services is
performed outside the designated rehabilitation facility, the applicant
will retain responsibility for the quality of such services; and
(4) The full range of vocational training services will be made
available to each trainee to the extent of his need for such services.
(h) Selection of individuals to participate in a project. The
individuals to receive vocational training services under a project will
include only individuals who have been certified as eligible pursuant to
1361.1(f) of this chapter and have been determined, by the appropriate
State agency to be suitable for and in need of such vocational training
services. The most severely handicapped individuals shall be selected
for participation in a project prior to other handicapped individuals.
(i) Weekly training allowances. (1) A weekly training allowance
shall be available to each trainee, except that such allowance shall not
be paid for any period in excess of 2 years and for any week shall not
exceed $30 plus $10 for each dependent, or $70, whichever is less.
Dependents shall be included when their relationship to the trainee is
that of spouse, parent, child under the age of 21 (including an adopted
child or stepchild), or handicapped child whose dependency is related to
the handicap, and who are living in the same home with the trainee.
(2) The amount of the weekly training allowance shall be determined
in accordance with paragraphs (j) and (k) of this section. The adjusted
weekly training allowance available to a trainee shall not be less than
$10 per week. To the extent that the weekly training allowance is paid
for dependents, the amount shall be $10 per week for each dependent.
(3) The State agency shall make final determination, after
consultation with the project facility and in accordance with the
training services plan, with respect to the amount of the weekly
training allowance and any adjustment to be made in the amount of the
allowance.
(j) Factors considered in determining the amount of weekly training
allowances. In determining the amount of such allowance the following
factors shall be considered.
(1) The extent of the need for the allowance including any expenses
reasonably attributable to receipt of training services;
(2) The extent to which the allowance will help ensure entry into and
satisfactory completion of training; and
(3) The extent to which the allowance will motivate the trainee to
achieve a better standard of living.
(k) Factors considered in adjustment of weekly training allowances.
(1) Adjustment in the weekly training allowance may be made at any time
during the individual's training period and the amount of the allowance
shall be reviewed periodically. The project facility may propose the
adjustment, but the final determination shall be made by the State
agency.
(2) In considering whether adjustment is appropriate the following
factors will be considered:
(i) Whether the trainee is earning a wage;
(ii) The relationship of the amount of wages, if any, to the amount
of the allowance;
(iii) Any other material change in the economic condition of the
individual or his family; and
(iv) The effect of any adjustment on the incentive of the trainee.
34 CFR 362.44 Subpart C -- Assistance for Rehabilitation Facilities
34 CFR 362.50 Project development grants.
(a) Purpose. Under section 301(d) of the Act, grants may be made for
the purpose of assisting in meeting the costs of planning the
development and construction of a specific rehabilitation facility and
the services to be provided by such a rehabilitation facility.
(b) Eligible applicants. Applications may be made by public or other
nonprofit agencies, institutions, or organizations which are either
operating or are studying the feasibility of operating a rehabilitation
facility.
(c) Matching requirements. The Federal share shall not exceed 90 per
centum of the total cost of the project.
(d) Federal financial participation. Federal financial participation
may be available for costs specified in 362.8 and may also be available
for
(1) Expenses associated with the use of volunteers; and
(2) Such architectural plannings as is incidental to program
planning, but not including working drawings.
(e) Project period. A project may be approved for a project period
of not more than 12 months.
34 CFR 362.51 Grants for construction of rehabilitation facilities.
(a) Purpose. Under section 301(b) of the Act, grants may be made to
assist in meeting the costs of construction of public or other nonprofit
rehabilitation facilities. Construction of a rehabilitation facility
may, where necessary to the effective operation of the facility, include
the construction of residential accommodations for use in connection
with the rehabilitation of handicapped individuals.
(b) Eligible applicants. Applications may be made by State
vocational rehabilitation agencies or other public or nonprofit
organizations or agencies which operate or propose to operate a public
or other nonprofit rehabilitation facility.
(c) Matching requirements. The amount of a grant with respect to any
construction project shall be equal to the same percentage of the cost
of the project as the Federal share which would be applicable in the
case of a rehabilitation facility (as defined in section 645(g) of the
Public Health Service Act, 42 U.S.C. 291(a)), in the same location.
(d) Federal financial participation.
(1) Federal financial participation may be available for
(i) Acquisition of land in connection with construction of a
rehabilitation facility;
(ii) Acquisition of existing buildings;
(iii) Remodeling, alteration, renovation, or expansion of existing
buildings;
(iv) Construction of new buildings;
(v) Architect's fees;
(vi) Site survey and soil investigation;
(vii) Fixed or movable equipment;
(viii) Works of art in an amount not to exceed 1 per centum of the
total cost of the project; and
(ix) Other costs specifically approved in the application.
(2) Federal financial participation will not be available for the
costs of offsite improvements or for the construction of any
rehabilitation facility which is or will be used for religious worship
or any sectarian activity.
(e) Project period. Grants shall be awarded for a project period
necessary for the completion of the approved construction project
except, however, that any project in which the construction has not
begun during the 18-month period immediately subsequent to the approval
of the application may be terminated at the end of such period by the
Secretary.
(f) Assurances from applicants. (1) In addition to any other
requirement imposed under the Act, each grant in which construction is
to be performed shall be subject to the condition that the applicant
will furnish and comply with the following assurances and all other
assurances set forth in the application for such grant:
(i) That, for a period of not less than 20 years after completion of
construction of the project, it will be used as a public or other
nonprofit rehabilitation facility;
(ii) That the applicant will provide a set of plans and
specifications for the proposed project which have been approved by the
Architectural and Transportation Barriers Compliance Board and in which
due consideration shall be given to excellence of architecture and
design; and
(iii) That the applicant will furnish an annual report and such other
progress reports and other information as the Secretary may require.
(2) The Secretary may, at any time, approve exceptions to these
conditions and assurances where he finds that such exceptions are not
inconsistent with the Act and the purposes of the program.
(g) Construction standards and other standards. (1) Approved
projects shall be constructed according to minimum standards of
construction and equipment for rehabilitation facilities specified by
the Secretary. Applicable State and local codes and regulations must be
observed. The Secretary's standards must be followed where they exceed
any State and local codes and regulations.
(2) Approved projects shall meet the requirements of the Occupational
Safety and Health Act (Pub. L. 91-576); the National Environmental
Policy Act of 1969 and E.O. 11514 (34 FR 4247) relative to environmental
impact; the ''American Standard Specifications for Making Buildings and
Facilities Accessible to, and Usable by, the Physically Handicapped,''
No. A 117.1-1961, as modified by other standards prescribed by the
Secretary of Housing and Urban Development (24 CFR part 40) or the
Administrator of General Services (41 CFR 101-17.703); section 106 of
Pub. L. 89-665 relative to the preservation of historic sites; E.O.
11296 (31 FR 10663) relative to the avoidance of flood hazards; the
Flood Disaster Protection Act of 1973 (Pub. L. 93-234); E.O. 11288 (31
FR 9261) relative to the prevention, control, and abatement of water
pollution; and in the case of State and local agencies, the regulations
on relocation assistance and real property acquisition contained in part
15 of this title.
34 CFR 362.52 Initial staffing grants.
(a) Purpose. Under section 301(c) of the Act, grants may be made to
assist in paying part of the costs of compensation of the initial
professional and technical staff of any public or nonprofit
rehabilitation facility constructed after September 26, 1973.
(b) Eligible applicants. (1) New applications may be made by public
or other nonprofit rehabilitation facilities constructed after September
26, 1973. Continuation applications may be made by those public or
other nonprofit rehabilitation facilities constructed prior to September
26, 1973, which were recipients of initial staffing grants on September
26, 1973.
(2) Initial staffing grants may be made only with respect to the
operation of a rehabilitation facility following construction. Where
the rehabilitation facility is in operation prior to construction, an
initial staffing grant shall be made only for additional staff which
will enable the facility to provide new services or extend existing
services to a substantially increased number of clients. Where the
construction consists of expansion, remodeling, alteration, or
renovation of an existing rehabilitation facility, such expansion,
remodeling, alteration, or renovation shall be extensive enough to
result in the addition of new services or the extension of existing
services to a substantially increased number of handicapped individuals.
(c) Matching requirements. The amount of the Federal share under an
initial staffing grant shall be related directly to the date of the
commencement of the operation of the rehabilitation facility. The date
of commencement of a rehabilitation facility shall be that date on which
the first client is admitted for services after the completion of the
related construction project or such earlier date after completion of
such project as is specified in the approved application for the initial
staffing grant. A grant shall not exceed 75 per centum of eligible
costs for the period ending with the close of the 15th month following
the month in which such operation commenced, 60 per centum of such costs
for the first year thereafter, 45 per centum of such costs for the
second year thereafter, and 30 per centum of such costs for the third
year thereafter.
(d) Federal financial participation. Federal financial participation
may be available for personnel costs (including fringe benefits) of
initial staff as set forth in the approved application.
(e) Project period. A project may be approved for a project period
not to exceed 4 years and 3 months.
34 CFR 362.53 Rehabilitation facility improvement grants.
(a) Purpose. Under section 302(c) of the Act, grants may be made for
paying part of the costs of projects for rehabilitation facilities, or
an organization or combination of such rehabilitation facilities, to
analyze, improve, and increase their professional services to
handicapped individuals, their management effectiveness or any other
part of their capacity to provide employment and services for
handicapped individuals.
(b) Eligible applicants. Applications may be made by any public or
nonprofit rehabilitation facility, organization or combination of such
rehabilitation facilities: In the case of rehabilitation facilities,
such facilities must have been in operation for at least 12 months.
(c) Matching requirements. The Federal share of the approved project
costs shall not exceed 80 per centum of the total project cost.
(d) Federal financial participation. Federal financial participation
may be available for costs specified in 362.8 and may also be available
for the costs of staff development activities, including educational
leave. Personnel employed under the project shall be limited to
additional staff.
(e) Project period. A project may be approved for a project period
not to exceed 3 years.
34 CFR 362.53 Subparts D -- G (Reserved)
34 CFR 362.53 Subpart H -- Technical Assistance
34 CFR 362.100 Furnishing of technical assistance.
Technical assistance authorized in section 304(e) of the Act will be
furnished, directly, or by contract with State vocational rehabilitation
agencies or experts or consultants or groups thereof to provide
technical assistance and consultation:
(a) To public and nonprofit rehabilitation facilities in matters of
professional or business practice within the facility and
(b) To public and nonprofit agencies, institutions, organizations, or
facilities for the purpose of planning or effecting the removal of
architectural and transportation barriers: Provided, That such
technical assistance shall be provided with the concurrence of the
Architectural and Transportation Barriers Compliance Board.
34 CFR 362.101 Per diem payments.
Experts or consultants, while providing technical assistance
consultations pursuant to 362.100, shall be entitled to receive
compensation at rates fixed by the Secretary, but not exceeding the
prorated pay rate for a person employed at a GS-18, under section 5332
of title 5 U.S.C., including travel time, and while so serving away from
their homes or regular places of business, they may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by
section 5703 of title 5 U.S.C., for persons in the government service
employed intermittently.
34 CFR 362.102 Recommendations and reports.
A rehabilitation facility or public or nonprofit agency, institution,
organization or facility which receives technical assistance
consultations will be furnished with the recommendations of the
consultant. A copy of the recommendations will also be furnished to the
appropriate State agency. The rehabilitation facility or public or
non-profit agency, institution, organization or facility receiving the
technical assistance will be expected to provide a prompt report to the
Rehabilitation Services Administration concerning the consultation and a
report 6 months afterwards as to what has been done about the
recommendations.
34 CFR 362.102 PART 363 -- THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM
34 CFR 362.102 Subpart A -- General
Sec.
363.1 What is the State Supported Employment Services Program?
363.2 Who is eligible for an award?
363.3 Who is eligible for services?
363.4 What are the authorized activities under a State Supported
Employment Services grant?
363.5 What regulations apply?
363.6 What definitions apply?
34 CFR 362.102 Subpart B -- How Does a State Apply for a Grant?
363.10 What documents must a State submit to receive a grant?
363.11 What information and assurances must be included in the State
plan supplement?
34 CFR 362.102 Subpart C -- How does the Secretary Make a Grant?
363.20 How does the Secretary allocate funds?
363.21 How does the Secretary reallocate funds?
34 CFR 362.102 Subparts D-E -- (Reserved)
34 CFR 362.102 Subpart F -- What Post-Award Conditions Must Be Met by a
State?
363.50 What collaborative agreements must the State develop?
363.51 What are the allowable administrative costs?
363.52 What are the information collection and reporting
requirements?
363.53 What special conditions apply to services and activities under
this program?
363.54 What requirements must a State meet before it provides for the
transition of an individual to extended services?
363.55 What are the requirements for successfully rehabilitating an
individual in supported employment?
Authority: 29 U.S.C. 795j-q, unless otherwise noted.
Source: 57 FR 28437, June 24, 1992, unless otherwise noted.
Effective Date Note: At 57 FR 28437, June 24, 1992, part 363 was
revised, effective either 45 days after publication in the Federal
Register or later if Congress takes certain adjournments. For the
convenience of the user, part 363 remaining in effect until further
notice, follows the text of this new part.
34 CFR 362.102 Subpart A -- General
34 CFR 363.1 What is the State Supported Employment Services Program?
Under the State Supported Employment Services Program, the Secretary
provides grants to assist States in developing and implementing programs
of supported employment services for individuals with severe handicaps.
(Authority: 29 U.S.C. 795j)
34 CFR 363.2 Who is eligible for an award?
Any State is eligible for an award under this program.
(Authority: 29 U.S.C. 795m(a))
34 CFR 363.3 Who is eligible for services?
A State may provide services under this program to any individual
with severe handicaps who --
(a) Has not worked, or has worked only intermittently, in competitive
employment;
(b) Has been determined on the basis of an evaluation of
rehabilitation potential, including a consideration of whether supported
employment is a possible vocational outcome, to meet the eligibility
criteria for the State Vocational Rehabilitation Services Program in 34
CFR 361.31; and
(c) Has a need for on-going support services in order to perform
competitive work.
(Authority: 29 U.S.C. 795k)
34 CFR 363.4 What are the authorized activities under a State Supported
Employment Services grant?
Under this program, the following activities are authorized:
(a) Evaluation of the rehabilitation potential for supported
employment of individuals with severe handicaps. Any evaluation must be
supplementary to an evaluation of rehabilitation potential done under 34
CFR part 361 and may be provided only after an individual's eligibility
for the State Vocational Rehabilitation Services Program has been
determined. This supplementary evaluation may be provided in
circumstances such as the following:
(1) Additional information is needed in order to determine the most
suitable supported employment placement for an individual or to
determine what on-going support services are needed, including the need
for rehabilitation technology.
(2) A reassessment of the suitability of the placement is warranted.
(3) There is a change in the individual's medical condition.
(b) Development of and placement in jobs for individuals with severe
handicaps.
(c) Provision of time-limited services that are needed to support
individuals with severe handicaps in employment, such as --
(1) Intensive on-the-job skills training and other training provided
by skilled job trainers, co-workers, and other qualified individuals,
and other services specified in 34 CFR 361.42 in order to achieve and
maintain job stability;
(2) Follow-up services, including regular contact with employers,
trainees with severe handicaps, parents, guardians or other
representatives of trainees, and other suitable professional and
informed advisors in order to reinforce and stabilize the job placement;
and
(3) Discrete post-employment services following transition that are
unavailable from an extended services provider and that are necessary to
maintain the job placement, such as job station redesign, repair and
maintenance of assistive technology, and replacement of prosthetic and
orthotic devices
(Authority: 29 U.S.C. 795n)
34 CFR 363.5 What regulations apply?
The following regulations apply to the State Supported Employment
Services Program:
(a) The Education Department general Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR part 76 (State-Administered Programs).
(2) 34 CFR part 77 (Definitions that Apply to Department
Regulations).
(3) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(4) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(5) 34 CFR part 81 (General Education Provisions Act -- Enforcement).
(6) 34 CFR part 82 (New Restrictions on Lobbying).
(7) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants).)
(8) 34 CFR part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 363.
(c) The following regulations in 34 CFR part 361 (The State
Vocational Rehabilitation Services Program): 361.31; 361.32;
361.33; 361.34; 361.35; 361.39; 361.40; 361.41; 361.42;
361.47(a); 361.48; and 361.49.
(Authority: 29 U.S.C. 795j and 711(c))
34 CFR 363.6 What definitions apply?
(a) Definitions in 34 CFR part 361. The following terms used in this
part are defined in 34 CFR 361.1(c)(2):
Act
Designated State unit
Individual with handicaps
Individual with severe handicaps
State plan
(b) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Fiscal year
Nonprofit
Private
Secretary
State
(c) Other Definitions. The following definitions also apply to this
part:
(1) Supported Employment means --
(i) Competitive work in an integrated work setting with on-going
support services for individuals with severe handicaps for whom
competitive employment --
(A) Has not traditionally occurred; or
(B) Has been interrupted or intermittent as a result of severe
handicaps; or
(ii) Transitional employment for individuals with chronic mental
illness.
(2) As used in the definition of ''supported employment'' --
(i) Competitive work means work that at the time of transition is
performed weekly on a full-time basis or on a part-time basis, as
determined in each individualized written rehabilitation program, and
for which an individual is compensated consistent with the wage
standards provided for in the Fair Labor Standards Act;
(ii)(A) Integrated work setting means job sites where either --
(1)(i) Most employees are not handicapped; and
(ii) An individual with a severe handicap interacts on a regular
basis, in the performance of job duties, with employees who are not
handicapped; and
(iii) If an individual with a severe handicap is part of a distinct
work group of only individuals with handicaps, the work group consists
of no more than eight individuals; or
(2) If there are no other employees or the only other employees are
individuals who are part of a work group as described in paragraph
(A)(1)(iii) of this definition of ''integrated work setting,'' an
individual with a severe handicap interacts on a regular basis, in the
performance of job duties, with individuals who are not handicapped,
including members of the general public.
(B) The interaction required by paragraphs (A)(1)(ii) and (A)(2) of
this definition of ''integrated work setting'' may not be satisfied by
contact between an individual with a severe handicap and individuals who
provide on-going support services at the job site;
(iii) On-going support services means services that are --
(A) Needed to support and maintain an individual with severe
handicaps in supported employment;
(B) Based on a determination by the designated State unit of the
individual's needs as specified in an individualized written
rehabilitation program; and
(C) Furnished by the designated State unit from the time of job
placement until transition to extended services, except as provided in
363.4(c)(3) and, following transition, by one or more extended services
providers throughout the individual's term of employment in a particular
job placement or multiple placements if those placements are being
provided under a progam of transitional employment. On-going support
services must include, at a minimum, twice-monthly monitoring at the
work site of each individual in supported employment to assess
employment stability, unless the individualized written rehabilitation
program provides for off-site monitoring, and, based upon that
assessment, the coordination or provision of specific services, at or
away from the work site, that are needed to maintain employment
stability. If off-site monitoring is determined to be appropriate, it
must, at a minimum, consist of two meetings with the individual and one
contact with the employer each month;
(iv) Transitional employment means a series of temporary job
placements in competitive work in an integrated work setting with
on-going support services for individuals with chronic mental illness.
In transitional employment, the provision of on-going support services
must include continuing sequential job placements until job permanency
is achieved.
(3) Time-limited services means on-going support services provided by
the designated State unit with funds under this part --
(i) For a period not to exceed 18 months, unless a longer period to
achieve job stabilization has been established in the individualized
written rehabilitation program, before an individual with severe
handicaps makes the transition to extended services; and
(ii) As discrete post-employment services following transition in
accordance with 363.4(c)(3).
(4) Extended services means on-going support services provided by a
State agency, a private non-profit organization or any other appropriate
resource, from funds other than funds received under this part, part
361, part 376, or part 380, after an individual with severe handicaps
has made the transition from State vocational rehabilitation agency
support.
(Authority: 26 U.S.C. 706(18), 711(c), and 795j)
34 CFR 363.6 Subpart B -- How Does a State Apply for a Grant?
34 CFR 363.10 What documents must a State submit to receive a grant?
To receive a grant under this part, a State must submit to the
Secretary, as part of the State plan under 34 CFR part 361, a State plan
supplement that meets the requirements of 363.11.
(Authority: 29 U.S.C. 7951(c) and 795m(a))
(Approved by the Office of Management and Budget under control number
1820-0593)
34 CFR 363.11 What information and assurances must be included in the
State plan supplement?
Each State plan supplement must include the following:
(a) Designated State agency. Designate the State unit or units for
vocational rehabilitation services identified in the State plan
submitted under 34 CFR part 361 as the State agency or agencies to
administer this program.
(b) Results of needs assessment. Summarize the results of the needs
assessment of individuals with severe handicaps conducted under title I
of the Act of the extent that assessment identifies the need for
supported employment services. The results of the needs assessment must
address the coordination and use of information within the State
relating to section 618(b)(3) of the Individuals with Disabilities
Education Act.
(c) Quality, scope, and extent of services. Describe the quality,
scope, and extent of supported employment services to be provided to
individuals with severe handicaps under this program. The description
must address the timing of the transition to extended services referred
to in 363.50(b)(2).
(d) Distribution of funds. Describe the State's goals and plans with
respect to the distribution of funds received under 363.20.
(e) Assurances. Provide assurances that --
(1) An evaluation of rehabilitation potential, as defined in section
7(5) of the Act, is provided under 34 CFR part 361, and, only if
necessary, a supplementary evaluation under this part for each
individual with severe handicaps who receives services under this
program is provided;
(2) An individualized written rehabilitation program as specified in
34 CFR 361.40 and 361.41 will be developed, either under this part or
under 34 CFR part 361, that --
(i) Specifies the services to be provided to each individual served
under this program, including a description of the extended services
needed, an identification of the State, Federal, or priviate programs or
other resources that will provide the continuing support, and a
description of the basis for determining that continuing support is
available; and
(ii) Provides for periodic monitoring to ensure that each individual
with severe handicaps is making satisfactory progress toward meeting the
weekly work requirement established in the individualized written
rehabilitation program by the time of transition to extended services;
(3) Services provided to individuals under this program will be
coordinated with the individualized written rehabilitation program or
education plan as required under section 102 of the Act, section 123 of
the Developmental Disabilities Act of 1984, and sections 612(4) and
614(5) of the Individuals with Disabilities Education Act;
(4) The State will conduct periodic reviews of the progress of
individuals assisted under this program to determine whether services
provided to those individuals should be continued, modified, or
discontinued;
(5) The designated State agency or agencies will expend no more than
five percent of the State's allotment for administrative costs of
carrying out this program;
(6) The State will make maximum use of services from public agencies,
private nonprofit organizations, and other appropriate resources in the
community to carry out this program;
(7) The public participation requirements of section 101(a)(23) of
the Act are met;
(f) Collaboration. Demonstrate evidence of collaboration by and
funding from relevant State agencies, private nonprofit organizations,
or other sources to provide on-going support services following the
termination of time-limited services under this part.
(g) Other information. Contain any other information and be
submitted in the form and in accordance with the procedures that the
Secretary may require.
(Authority: 29 U.S.C. 795m)
(Approved by the Office of Management and Budget under control number
1820-0593)
34 CFR 363.11 Subpart C -- How Does the Secretary Make a Grant?
34 CFR 363.20 How does the Secretary allocate funds?
The Secretary allocates funds under this program in accordance with
section 633(a) of the Act.
(Authority: 29 U.S.C. 7951(c))
34 CFR 363.21 How does the Secretary reallocate funds?
The Secretary reallocates funds in accordance with section 633(b) of
the Act.
(Authority: 29 U.S.C. 7951(b))
34 CFR 363.21 Subparts D-E -- (Reserved)
34 CFR 363.21 Subpart F -- What Post-Award Conditions Must Be Met by a State?
34 CFR 363.50 What collaborative agreements must the State develop?
(a) A designated State unit must enter into one or more written
cooperative agreements or memoranda of understanding with other
appropriate State agencies, private nonprofit organizations, and other
available funding sources to ensure collaboration in a plan to provide
supported employment services to individuals with severe handicaps.
(b) A cooperative agreement or memorandum of understanding must, at a
minimum, specify the following:
(1) The time-limited services to be provided by the designated State
unit with funds received under this part.
(2) The extended services to be provided by relevant State agencies,
private nonprofit organizations, or other sources following the
termination of time-limited services under this part.
(3) The estimated funds to be expended by the participating party or
parties in implementing the agreement or memorandum.
(4) The projected number of individuals with severe handicaps who
will receive supported employment services under the agreement or
memorandum.
(Authority: 29 U.S.C. 795m(b)(4) and 795n(b))
(Approved by the Office of Management and Budget under control number
1820-0593)
34 CFR 363.51 What are the allowable administrative costs?
(a) Administrative costs-general. Expenditures are allowable for the
following administrative costs:
(1) Administration of the State plan supplement for this program.
(2) Planning, program development, and personnel development to
implement a system of supported employment services.
(3) Monitoring, supervision, and evaluation of this program.
(4) Technical assistance to other State agencies, private nonprofit
organizations, and businesses and industries.
(b) Limitation on administrative costs. Not more than five percent
of a State's allotment may be expended for administrative costs for
carrying out this program.
(Authority: 29 U.S.C. 7951(c) and 795m(b)(5))
34 CFR 363.52 What are the information collection and reporting
requirements?
(a) A State shall collect and report information as required under
section 13 of the Act for each individual with severe handicaps served
under this program.
(b) The State shall collect and report separately information for --
(1) Supported employment clients served under this program; and
(2) Supported employment clients served under 34 CFR Part 361.
(Authority: 29 U.S.C. 712 and 795o)
(Approved by the Office of Management and Budget under control number
1820-0593)
34 CFR 363.53 What special conditions apply to services and activities
under this program?
Each grantee shall coordinate the services provided to an individual
under this part and under 34 CFR Part 361 to ensure that the services
are complementary and not duplicative.
(Authority: 29 U.S.C. 795n and 795q)
34 CFR 363.54 What requirements must a State meet before it provides
for the transition of an individual to extended services?
A designated State unit must provide for the transition of an
individual with severe handicaps to extended services no later than 18
months after placement in supported employment, unless a longer period
is established in the individualized written rehabilitation program, and
only if the individual has made substantial progress toward meeting the
hours-per-week work goal provided for in the individualized written
rehabilitation program, the individual is stabilized in the job, and
extended services are available and can be provided without a hiatus in
services.
(Authority: 29 U.S.C. 795n and 711(c))
34 CFR 363.55 What are the requirements for successfully rehabilitating
an individual in supported employment?
An individual with severe handicaps who is receiving supported
employment services is considered to be successfully rehabilitated if
the individual maintains a supported employment placement for 60 days
after making the transition to extended services.
(Authority: 29 U.S.C. 711(c))
Effective Date Note: At 57 FR 28437, June 24, 1992, part 363 was
revised, effective either 45 days after publication in the Federal
Register or later if Congress takes certain adjournments. For the
convenience of the user, the text remaining in effect until further
notice appears below.
34 CFR 363.55 Pt. 363, Note
PART 363 -- THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM
Subpart A -- General
Sec.
363.1 What is the State Supported Employment Services Program?
363.2 Who is eligible for an award?
363.3 Who is eligible for services?
363.4 What are the authorized activities under a State Supported
Employment Services grant?
363.5 What kinds of activities may the Secretary fund under a
planning grant?
363.6 What regulations apply?
363.7 What definitions apply to the State Supported Employment
Services Program?
Subpart B -- How Does a State Apply for a Grant?
363.10 What documents must a State submit to receive a grant?
363.11 What information and assurances must be included in the State
plan supplement?
Subpart C -- How Does the Secretary Make a Grant?
363.20 How does the Secretary allocate funds?
363.21 How does the Secretary reallocate funds?
Subparts D -- E (Reserved)
Subpart F -- What Post-Award Conditions Must Be Met by a State?
363.50 What collaborative agreements must the State develop?
363.51 What are the allowable administrative costs?
363.52 What are the information collection and reporting
requirements?
363.53 What special conditions apply to services and activities under
this program?
Authority: 29 U.S.C. 795j-q, unless otherwise noted.
Source: 52 FR 30550, Aug. 14, 1987, unless otherwise noted.
34 CFR 363.55 Subpart A -- General
363.1 What is the State Supported Employment Services Program?
(a) Under the State Supported Employment Services Program, the
Secretary provides grants to assist States in developing and
implementing programs of supported employment for individuals with
severe handicaps.
(b) Grants under this program are intended to provide training and
traditionally time-limited post-employment services to individuals with
severe handicaps.
(Authority: 29 U.S.C. 795j)
363.2 Who is eligible for an award?
Any State is eligible for an award under this program.
(Authority: 29 U.S.C. 795m(a))
363.3 Who is eligible for services?
A State may provide services under this program to any individual who
--
(a) Has severe handicaps, and for whom competitive employment has not
traditionally occurred or has been interrupted or intermittent as a
result of those handicaps; and
(b) Has been determined by an evaluation of rehabilitation potential,
as defined in section 7(5) of the Act, to have --
(1) The ability or potential to engage in a training program leading
to supported employment;
(2) A need for on-going support services in order to perform
competitive work; and
(3) The ability to work in a supported employment setting.
(Authority: 29 U.S.C. 795k)
363.4 What are the authorized activities under a State Supported
Employment Service grant?
Under this program, the following activities are authorized:
(a) Evaluation of the rehabilitation potential for supported
employment of individuals with severe handicaps. Any evaluation must be
supplementary to an evaluation of rehabilitation potential done under 34
CFR part 361.
(b) Development of and placement in jobs for individuals with severe
handicaps.
(c) Provisions of traditionally time-limited post-employment services
that are needed to support the trainees in employment, such as --
(1) Intensive on-the-job training and other training provided by
skilled job trainers for workers with severe handicaps;
(2) Provision of follow-up services, including regular contact with
employers, trainees with severe handicaps, parents, guardians or other
representatives of trainees, and other suitable professional and
informed advisors in order to reinforce and stabilize the job placement;
and
(3) Regular observations or supervision of individuals with severe
handicaps at the work site.
(Authority: 29 U.S.C. 795n)
363.5 What kinds of activities may the Secretary support under a
planning grant?
(a) For fiscal year 1987 only a State may request a planning grant in
place of its allotment under this program.
(b) The State shall conduct activities under a planning grant that
include the following, unless those activities have already been
completed:
(1) Developing the Statewide needs assessment for supported
employment services, as specified in 363.11.
(2) Developing and evaluating collaborative agreements with State
agencies and private nonprofit organizations.
(3) Developing goals, priorities, policies, and procedures for the
provision of supported employment services to individuals with severe
handicaps.
(4) Seeking participation in the development of a State plan
supplement for supported employment services by individuals with severe
handicaps, their parents or guardians, and providers of supported
employment services.
(c) The State may also conduct the following activities under a
planning grant:
(1) Developing sites to test and evaluate the provision of supported
employment services.
(2) Other activities necessary to prepare for the implementation of a
system of supported employment services.
(d) The requirements of 363.11, 363.20, 363.21, and 363.50-363.53
do not apply to planning grants.
(e) The Secretary awards a planning grant of no more than $250,000
for up to 18 months.
(Authority: 29 U.S.C. 7951(c))
363.6 What regulations apply?
The following regulations apply to the State Supported Employment
Services Program:
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grants), part 76 (State
Administered Programs), part 77 (Definitions that Apply to Department
Regulations), part 78 (Education Appeals Board) except for hearings
under subpart G of part 361, and part 79 (Intergovernmental Review of
Department of Education Programs and Activities).
(b) The regulations in this part 363.
(c) The following regulations in 34 CFR part 361 (The State
Vocational Rehabilitation Services Program): 361.32, 361.33, 361.34,
361.40, 361.41, 361.48, and 361.49.
(Authority: 29 U.S.C. 795j and 711(c))
363.7 What definitions apply to the State Supported Employment
Services Program?
(a) As used in this part --
(1) Supported employment means --
(i) Competitive work in an integrated work setting with on-going
support services for individuals with severe handicaps for whom
competitive employment --
(A) Has not traditionally occurred; or
(B) Has been interrupted or intermittent as a result of severe
handicaps; or
(ii) Transitional employment for individuals with chronic mental
illness; and
(2) As used in the definition of supported employment --
(i) Competitive work means work that is performed on a full-time
basis or on a part-time basis, averaging at least 20 hours per week for
each pay period, and for which an individual is compensated in
accordance with the Fair Labor Standards Act;
(ii) Integrated work setting means job sites where --
(A)(1) Most co-workers are not handicapped; and
(2) Individuals with handicaps are not part of a work group of other
individuals with handicaps; or
(B)(1) Most co-workers are not handicapped; and
(2) If a job site described in paragraph (A)(2) of this definition is
not possible, individuals with handicaps are part of a small work group
of not more than eight individuals with handicaps; or
(C) If there are no co-workers or the only co-workers are members of
a small work group of not more than eight individuals, all of whom have
handicaps, individuals with handicaps have regular contact with
non-handicapped individuals, other than personnel providing support
services, in the immediate work setting;
(iii) On-going support services means continuous or periodic job
skill training services provided at least twice monthly at the work site
throughout the term of employment to enable the individual to perform
the work. The term also includes other support services provided at or
away from the work site, such as transportation, personal care services,
and counseling to family members, if skill training services are also
needed by, and provided to, that individual at the work site;
(iv) Transitional employment for individuals with chronic mental
illness means competitive work in an integrated work setting for
individuals with chronic mental illness who may need support services
(but not necessarily job skill training services) provided either at the
work site or away from the work site to perform the work. The job
placement may not necessarily be a permanent employment outcome for the
individual.
(3) Traditionally time-limited post-employment services means
services that are --
(i) Needed to support and maintain an individual with severe
handicaps in employment;
(ii) Based on an assessment by the State of the individual's needs as
specified in an individualized written rehabilitation program; and
(iii) Provided for a period not to exceed 18 months before transition
is made to extended services provided under a cooperative agreement
pursuant to 363.50.
(b) The following terms used in this part are defined in 34 CFR 77.1:
Fiscal year;
Nonprofit;
Private;
Secretary; and
State.
(c) The following terms used in this part are defined in 34 CFR part
361:
Act;
Designated state unit;
Individual with handicaps;
Individual with severe handicaps; and
State plan.
(Authority: 29 U.S.C. 706(18), 711(c), and 795j)
(52 FR 30550, Aug. 14, 1987, as amended at 53 FR 17141, May 13, 1988)
34 CFR 363.55 Subpart B -- How Does a State Apply for a Grant?
363.10 What documents must a State submit to receive a grant?
To receive a grant under this part, a State must --
(a) Submit to the Secretary, as part of the State plan under 34 CFR
part 361, a State plan supplement that meets the requirements of
363.11; or
(b) For fiscal year 1987 only, submit an application for a planning
grant in place of its allotment under this program.
(Approved by the Office of Management and Budget under control number
1820-0551)
(Authority: 29 U.S.C. 7951(c) and 795m(a))
363.11 What information and assurances must be included in the State
plan supplement?
Each State plan supplement must --
(a) Designated State agency. Designate the State unit or units for
vocational rehabilitation services identified in the State plan
submitted under 34 CFR part 361 as the State agency or agencies to
administer this program;
(b) Results of needs assessment. Summarize the results of the needs
assessment of individuals with severe handicaps conducted under title I
of the Act when that assessment identifies the need for supported
employment services. The results of the needs assessment must address
the coordination and use of information within the State relating to
section 618(b)(3) of the Education of the Handicapped Act;
(c) Quality, scope, and extent of services. Describe the quality,
scope, and extent of supported employment services to be provided to
individuals with severe handicaps under this program. The description
must address the timing of the transition to extended services referred
to in 363.50(b)(2);
(d) Distribution of funds. Describe the State's goals and plans with
respect to the distribution of funds received under 363.20;
(e) Assurances. Provide assurances that --
(1) An evaluation of rehabilitation potential, as defined in section
7(5) of the Act, is provided under 34 CFR part 361, and if necessary a
supplementary evaluation under this part, for each individual with
severe handicaps who receives services under this program;
(2) An individualized written rehabilitation program as specified in
34 CFR 361.40 and 361.41 will be developed -- either under this part or
under 34 CFR part 361 -- outlining the services to be provided to each
individual served under this program, including a description of the
extended services needed, the identification of the State, Federal, or
private programs that will provide the continuing support, and a
description of the basis for determining that continuing support is
available;
(3) Services provided to individuals under this program will be
coordinated with the individualized written rehabilitation program or
education plan as required under section 102 of the Act, section 123 of
the Developmental Disabilities Act of 1984, and sections 612(4) and
614(5) of the Education of the Handicapped Act;
(4) The State will conduct periodic reviews of the progress of
individuals assisted under this program to determine whether services
provided to those individuals should be continued, modified, or
discontinued;
(5) The designated State agency or agencies will expend no more than
five percent of the State's allotment for administrative costs of
carrying out this program;
(6) The State will make maximum use of services from public agencies,
private nonprofit organizations, and other appropriate resources in the
community to carry out this program;
(7) The public participation requirements of section 101(a)(23) of
the Act are met;
(f) Collaboration. Demonstrate evidence of collaboration by and
funding from relevant State agencies and private nonprofit organizations
to assist in the provision of on-going supported employment services
following the termination of time-limited services under this part; and
(g) Other information. Contain such other information and be
submitted in the form and in accordance with the procedures that the
Secretary may require.
(Approved by the Office of Management and Budget under control number
1820-0551)
(Authority: 29 U.S.C. 795m)
34 CFR 363.55 Subpart C -- How Does the Secretary Make a Grant?
363.20 How does the Secretary allocate funds?
The Secretary allocates funds under this program in accordance with
section 633(a) of the Act.
(Authority: 29 U.S.C. 7951(c))
363.21 How does the Secretary reallocate funds?
The Secretary reallocates funds in accordance with section 633(b) of
the Act.
(Authority: 29 U.S.C. 7951(b))
34 CFR 363.55 Subparts D -- E (Reserved)
34 CFR 363.55 Subpart F -- What Post-Award Conditions Must Be Met by a
State?
363.50 What collaborative agreements must the State develop?
(a) A designated State unit must enter into one or more written
cooperative agreements or memoranda of understanding with other
appropriate State agencies and private nonprofit organizations to ensure
collaboration in a plan to provide supported employment services to
individuals with severe handicaps.
(b) A cooperative agreement or memorandum of understanding must, at a
minimum, specify the following:
(1) The training and traditionally time-limited post-employment
services to be provided by the designated State unit with funds received
under this part.
(2) The extended services to be provided by the other State agencies
and private nonprofit organizations, following the termination of
time-limited services under this part.
(3) The estimated funds to be expended by the participating party or
parties in implementing the agreement or memorandum.
(4) The projected number of individuals with severe handicaps who
will receive supported employment services under the agreement or
memorandum:
(Authority: 29 U.S.C. 795m(b)(4) and 795n(b))
363.51 What are the allowable administrative costs?
(a) Administrative costs-general. Expenditures are allowable for the
following administrative costs:
(1) Administration of the State plan supplement for this program.
(2) Planning, program development, and personnel development to
implement a system of supported employment services.
(3) Monitoring, supervision, and evaluation of this program.
(4) Technical assistance to other State agencies, private nonprofit
organizations, and businesses and industries.
(b) Limitation on administrative costs. Except for planning grants
which the Secretary may award in fiscal year 1987, not more than five
percent of a State's allotment may be expended for administrative costs
for carrying out this program.
(Authority: 29 U.S.C. 7951(c) and 795m(b)(5))
363.52 What are the information collection and reporting
requirements?
(a) A State shall collect and report information as required under
section 13 of the Act for each individual with severe handicaps served
under this program.
(b) The State shall collect and report separately information for --
(1) Supported employment clients served under this program; and
(2) Supported employment clients served under 34 CFR part 361.
(Approved by the Office of Management and Budget under control number
1820-0551)
(Authority: 29 U.S.C. 712 and 795o)
363.53 What special conditions apply to services and activities
under this program?
Each grantee shall coordinate the services provided to an individual
under this part and under 34 CFR part 361 to ensure that the services
are complementary and not duplicative.
(Authority: 29 U.S.C. 795 n and q)
34 CFR 363.55 PART 365 -- THE STATE INDEPENDENT LIVING REHABILITATION SERVICES PROGRAM
34 CFR 363.55 Subpart A -- General
Sec.
365.1 The State independent living rehabilitation services program.
34 CFR 363.55 Subpart B -- State Plans for Independent Living
Rehabilitation Services
365.2 The State plan: General requirements.
365.3 State plan approval.
365.4 Withholding of funds.
365.5 State unit for administration.
365.6 Staffing of designated State unit.
365.7 Staff development.
365.8 State unit studies and evaluations.
365.9 State plan and policy development consultation.
365.10 Provision of technical assistance in poverty areas.
365.11 Cooperation with other public agencies.
365.12 Utilization of local public and private non-profit agencies,
organizations, and facilities.
365.13 Independent living services for older blind individuals.
365.14 Reports.
365.15 Other administrative and fiscal requirements.
365.16 State independent living council.
365.30 Processing referrals and applications.
365.31 Eligibility.
365.32 Determination of eligibility for independent living
rehabilitation services.
365.33 Certification of eligibility or ineligibility.
365.34 Order of selection for services.
365.35 The case record for the individual.
365.36 The individualized written rehabilitation program for
independent living rehabilitation services.
365.37 Scope of State unit program; independent living
rehabilitation services for individuals.
365.38 Case closure.
365.39 Duration.
365.40 Standards for facilities and providers of services.
365.41 Scope of State unit program: Establishment and construction
of rehabilitation facilities.
365.42 Scope of State unit program: Facilities and services for
groups of individuals with severe handicaps.
365.43 Scope of State unit program: Telecommunications systems and
special materials for blind individuals and deaf individuals.
34 CFR 363.55 Subpart C -- Allotment and Payment
365.44 Allotment of Federal funds for independent living services.
365.45 Payments from allotments for independent living services.
Authority: 29 U.S.C. 796a-d-1, unless otherwise noted.
Source: 46 FR 5545, Jan. 19, 1981, unless otherwise noted.
34 CFR 363.55 Subpart A -- General
34 CFR 365.1 The State independent living rehabilitation services
program.
(a) General part 365 includes all requirements relative to the
conduct of State independent living rehabilitation service programs
under State plans for independent living rehabilitation services
authorized under Part A of title VII of the Rehabilitation Act of 1973,
as amended. Part 365 covers the procedures to be followed by a
designated State unit in submitting a State plan for approval by the
Secretary and the required scope and content of an approvable State
plan.
(b) Regulations which apply to the State independent living
rehabilitation services program. The following regulations apply to the
State plan for independent living rehabilitation services programs;
(1) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grants), part 76
(State-Administered Programs), part 77 (Definitions that Apply to
Department Regulations), part 78 (Education Appeal Board) except for
hearings under subpart G of part 361, and part 79 (Intergovernmental
Review of Department of Education Programs and Activities).
(2) The regulations in this part 365.
(c) Definitions which apply to the State independent living program.
(1) The following terms used in this part 365 are defined in 34 CFR part
77:
EDGAR
Fiscal year
Nonprofit
Public
Secretary
State
(2) The following terms used in this part 365 are defined in 34 CFR
361.1 of this chapter:
Act
Blind
Construction of a rehabilitation facility
Designated State unit
Establishment of a rehabilitation facility
Physical and mental restoration services
Physical or mental disability
Rehabilitation facility
State unit
Vocational rehabilitation services
(3) The following definitions also apply to this part 365:
Attendant care means the assistance provided to an individual with
severe handicaps in performing a variety of tasks required to meet
essential personal needs in such areas as bathing, communicating,
cooking, dressing, eating, homemaking, toileting and transportation.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Health maintenance means the provision of those health care services
which are necessary for an individual with severe handicaps to maintain
or improve his or her functional capabilities and those services which
might contribute to avoiding complications or reactivations of the
severely handicapping impairment or the development of additional
impairments.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Independent living rehabilitation services, or independent living
services, when provided to an individual with severe handicaps, means
those services listed in 365.37.
(Authority: Sec. 702(b) of the Act; 29 U.S.C. 796a(b))
Independent living rehabilitation services, or independent living
services, when provided for the benefit of groups of individuals with
severe handicaps, includes:
(i) The establishment or construction of a rehabilitation facility
which provides independent living services to individuals;
(ii) The provision of other facilities and services which promise to
contribute substantially to the independent living rehabilitation of a
group of individuals with severe handicaps but which are not related
directly to the individualized written rehabilitation program of any one
individual with severe handicaps;
(iii) The use of existing telecommunications systems; and
(iv) The use of services providing recorded materials for blind
individuals and captioned films or videocassettes for deaf individuals.
(Authority: Sec. 702(b) of the Act; 29 U.S.C. 796a(b))
Individual with severe handicaps means an individual whose ability to
function independently in family or community, or whose ability to
engage or continue in employment is so limited by the severity of his or
her physical or mental disability that it has been determined that
independent living rehabilitation services are required in order to
enable achieving a greater level of independence in functioning in
family or community or engaging or continuing in employment.
(Authority: Sec. 702(a) of the Act; 29 U.S.C. 796a(a))
State plan means the State plan for independent living rehabilitation
services.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Transportation means necessary travel by an individual with severe
handicaps in connection with engaging in or maintaining employment or
improving his or her ability to carry out independent living activities
within family or community.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5545, Jan. 19, 1981, as amended at 50 FR 38630, Sept. 23,
1985; 53 FR 17141, May 13, 1988; 55 FR 21714, May 25, 1990)
34 CFR 365.1 Subpart B -- State Plans for Independent Living Rehabilitation Services
34 CFR 365.1 State Plan Content: Administration
34 CFR 365.2 The State plan: General requirements.
(a) Purpose. In order for a State unit to be eligible for grants
from the allotment of funds under title VII of the Act, it must submit
an approvable State plan for providing independent living rehabilitation
services to individuals with severe handicaps.
(b) Form and content. The State plan must contain, in the form
prescribed by the Secretary, a description of the State's independent
living rehabilitation program, the plans and policies to be followed in
carrying out the program, and other information requested by the
Secretary.
(c) Consolidated rehabilitation plan. The State may choose to submit
a consolidated rehabilitation plan which includes both the State plan
for vocational rehabilitation services and the State plan for
independent living rehabilitation services. The State may also choose
to submit a consolidated plan which includes either or both of the
State's rehabilitation plans and the State's plan for services for
persons with developmental disabilities developed under the
Developmental Disabilities Assistance and Bill of Rights Act.
(d) Duration. The State plan must cover a three-year period and must
be amended whenever necessary to reflect any material change in any
applicable phase of State law, organization, policy or agency operations
which affects the administration of the State plan.
(Authority: Secs. 12(c) and 705(a) of the Act; 29 U.S.C. 711(c) and
796d(a))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.3 State plan approval.
Except in the case of the first State plan submitted under title VII,
the State plan must be submitted for approval no later than July 1 of
the year preceding the first fiscal year of the three-year period for
which the State plan is submitted.
(Authority: Sec. 705(b) of the Act; 29 U.S.C. 796d(b))
34 CFR 365.4 Withholding of funds.
(a) When withheld. Payments under section 704 of the Act may be
withheld, suspended, or limited as provided by section 101(c) of the
Act, when after a reasonable notice and opportunity for hearing has been
given to the designated State unit, the Secretary finds that:
(1) The State plan has been so changed that it no longer conforms
with the requirements of section 705 of the Act, or
(2) In the administration of the State plan, there is a failure to
comply substantially with any provision of such plan.
(b) Notification to State unit. The designated State unit is
notified of the decision.
(c) Judicial review. The decision to withhold, suspend, or limit
payments described in paragraph (a) of this section may be appealed to
the United States Court of Appeals for the circuit in which the State is
located, in accordance with section 101(d)(1) of the Act.
(d) Informal discussions. Hearings meeting the requirements of
361.5(a) of this chapter are not called until after reasonable effort
has been made to resolve the questions involved by conference and
discussion with State officials.
(Authority: Secs. 12(c) and 101(c) and 705(b) of the Act; 29 U.S.C.
711(c), 721(c) and 796d(b))
34 CFR 365.5 State unit for administration.
(a) Designation of State unit. The State plan must provide that the
designated State unit administers the State's independent living
rehabilitation service program conducted under this part.
(b) Designation of State unit for the blind. The State plan may
designate a State commission for the blind or the organizational unit of
another agency of the State which is authorized under State law to
provide vocational rehabilitation services to blind individuals under a
State plan for vocational rehabilitation services, as the State unit to
administer that part of the plan under which independent living services
are provided to blind individuals.
(c) Responsibility for administration. The State plan must assure
that all decisions affecting eligibility for, the nature and scope of
available independent living rehabilitation services, and the provision
of these services are made by the designated State unit, and that this
responsibility may not be delegated to any other agency, facility, or
individual.
(Authority: Secs. 12(c) and 705(a)(1) of the Act; 29 U.S.C. 711(c)
and 796(a)(1))
34 CFR 365.6 Staffing of designated State unit.
(a) General staffing requirement. The State plan must assure that
the staff of the designated State unit includes specialist personnel
skilled in the coordination and provision of independent living services
to individuals with severe handicaps.
(b) Special communication needs staffing. The State plan must also
assure that the State unit makes available personnel able to communicate
with applicants for service and with individuals with severe handicaps
who rely on special modes of communication, such as manual communication
or nonverbal communication devices, and personnel able to communicate in
the native languages of applicants for service and of individuals with
severe handicaps with limited English-speaking ability from ethnic
groups which represent substantial segments of the population of the
communities in which the services are being provided.
(Authority: Secs. 12(c), 101(a)(7), and 705(a) of the Act; 29
U.S.C. 711(c), 721(a)(7), and 796d(a))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.7 Staff development.
The State plan must assure a program of staff development for all
classes of positions involved in providing independent living services
within the designated State unit. The staff development program must
emphasize improving the skills of staff directly responsible for the
provision of independent living services.
(Authority: Secs. 12(c) and 705(a) of the Act; 29 U.S.C. 711(c) and
796d(a))
34 CFR 365.8 State unit studies and evaluations.
(a) Scope of studies. The State plan must assure that the State unit
conducts or has previously conducted studies of the independent living
rehabilitation service needs of individuals with severe handicaps within
the State, including comparative studies of the different methods for
providing these services, such as regional and community centers,
centers for independent living, halfway houses, and patient-release
programs. The State plan must also assure that the State unit conducts
studies to determine effective alternatives to institutionalization.
Any studies carried out under the plan must fully utilize findings from
relevant studies which have been conducted in the past.
(b) Evaluations. The State plan must assure that the State unit
conducts evaluations of the effectiveness of the State unit's
independent living rehabilitation program in meeting the service needs
of individuals with severe handicaps in the State. These evaluations
must measure the adequacy of State unit performance in providing
independent living services to individuals with severe handicaps, in the
light of program and financial resources available in the State.
(c) Use of findings. The State plan must also assure that findings
from the State's studies and evaluations are utilized in planning for
and improving future independent living services.
(Authority: Sec. 705(a)(2) of the Act; 29 U.S.C. 796d(a)(2))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.9 State plan and policy development consultation.
(a) Advisory committee. The State plan must assure that the State
unit organizes a committee of persons with severe handicaps, which may
include their parents or guardians as necessary, to consult on a
continuing basis in the initial development and periodic revision of the
State plan. The members of the advisory committee must serve on a
rotating basis after persons with severe handicaps in the State have
been provided an opportunity to suggest those individuals considered by
them to be best qualified to represent individuals with severe handicaps
in need of independent living services. The State plan must assure that
this committee periodically consults with the State unit in matters of
policy and program development and implementation which affect the
overall administration of the State's independent living rehabilitation
service program. The committee must also participate actively in the
periodic evaluations of the State's independent living rehabilitation
service program.
(b) Other consultations. The State plan must also assure that there
is a procedure for taking into account the views of providers of
independent living services and other individuals interested in services
for individuals with severe handicaps.
(Authority: Secs. 12(c) and 705(a)(8) of the Act; 29 U.S.C. 711(c)
and 796(a))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.10 Provision of technical assistance in poverty areas.
The State plan must assure that the State unit undertakes special
efforts to provide technical assistance to public and other nonprofit
agencies and organizations located in areas of urban or rural poverty
which are interested in developing capability for providing independent
living services. The State unit must annually report those special
efforts which have been undertaken in this regard.
(Authority: Sec. 705(a)(7) of the Act; 29 U.S.C. 796d(a)(7))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.11 Cooperation with other public agencies.
The State plan must assure that, to the greatest extent possible, the
designated State unit enters into cooperative arrangements or
cooperative agreements with, and utilizes the services and facilities
of, other State and local public agencies which provide services to
individuals with severe handicaps, including those agencies
administering the State's special education, vocational education, and
developmental disabilities service programs, public health, mental
health, and mental retardation programs, housing, and transportation
programs, Veterans Administration programs, and the programs authorized
under title XIX and title XX of the Social Security Act.
(Authority: Secs. 12(c) and 705(a) of the Act; 29 U.S.C. 711(c) and
796d(a))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.12 Utilization of local, public and private nonprofit
agencies, organizations, and facilities.
(a) General provisions. The State plan must assure that the State
unit utilizes local public and private nonprofit agencies,
organizations, and facilities, as appropriate, to provide independent
living services. The State plan must describe the methods and criteria
to be used to ensure the appropriate use by the State unit of these
local agencies, organizations, and facilities, including entering into
agreements with them or making direct grants to them for providing
independent living services.
(b) Special requirements for State unit grantees. Any agency,
organization, or facility awarded a grant by the State unit must assure
that individuals with severe handicaps are fully involved in policy and
program development activities affecting the provision of independent
living rehabilitation services. Any agency, organization, or facility
awarded a grant by a State unit must also assure that any services
provided under the grant are at least of the same quality as services
provided directly by the State unit.
(c) Grants from State units. At least 20 percent of the funds
received by a State under this part must be used to make grants to local
public agencies and private nonprofit organizations for the conduct of
independent living service programs. The State plan must assure that
the State unit makes the availability of funds known to potential
applicants within the State and identifies that criteria against which
applications for grant funds are evaluated. These criteria must provide
priority in the awarding of funds to those agencies and organizations
which are directed and managed to a substantial degree by qualified
individuals with severe handicaps.
(d) Waiver of grants by State units. The designated State unit may
request from the Secretary a waiver of the requirement that grants in
the amount required under paragraph (c) of this section be made for any
fiscal year when there is sufficient evidence to determine that the
local agencies and organizations cannot use the funds effectively. In
waiving this requirement, the Secretary considers such factors as the
number of agencies and organizations which have indicated an interest in
applying for funds, the capability of these agencies and organizations,
and the efforts which have been made by the State unit to improve the
capacity of the agencies and organizations for conducting independent
living rehabilitation service programs.
(e) Priority for State unit clients. When a program of independent
living rehabilitation services is conducted by a local public agency or
a private nonprofit organization, the program must be designed primarily
to serve those individuals with severe handicaps who are determined by
the State unit to be eligible for independent living services under the
State plan.
(f) State unit plans under related funding programs. The State plan
must specify the State unit's goals and plans with respect to the
distribution of any Federal funds received for the establishment and
operation of independent living centers under Section 711 of the Act.
The State plan must further indicate whether the State unit will
directly apply for independent living center grants or whether local
public agencies or private nonprofit organizations in the State will
have the opportunity to apply for Federal funds under section 711 of the
Act.
(Authority: Secs. 12(c), 705(a)(9), and 705(a)(3)(A) of the Act; 29
U.S.C. 711(c), 796d(a)(9) and 796d(a)(3)(A))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.13 Independent living services for older blind individuals.
The State plan must assure that the State unit seeks to incorporate
within its program of services any new methods or approaches to the
provision of independent living rehabilitation services to older blind
individuals that have been demonstrated to be effective under a special
project under section 721 of the Act. (Grants for independent living
services for older blind individuals). The Secretary advises the State
unit when the results of a special project have been found to be
effective and requires that they be integrated within the State program
to the extent feasible.
(Authority: Secs. 12(c) and 721(b) of the Act; 29 U.S.C. 711(c) and
796f(b))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.14 Reports.
The State plan must assure that the State unit submits reports in the
form and detail and at the time required by the Secretary, and complies
with any requirements necessary to assure the correctness and
verification of these reports.
(Authority: Secs. 12(c) and 705(a) of the Act; 29 U.S.C. 711(c) and
796d(a))
34 CFR 365.15 Other administrative and fiscal requirements.
(a) Applicability of vocational rehabilitation regulations. Certain
regulations covering the State plan for vocational rehabilitation
services also apply under this part for purposes of the State plan for
independent living rehabilitation services. These regulations include:
361.7 Designation of substitute State vocational rehabilitation
agency.
361.10 Methods of administration.
361.15 Affirmative action plan for handicapped individuals.
361.24 General administrative and fiscal requirements (except as
provided in paragraph (b) of this section relative to 34 CFR part 74).
361.44 Authorization of services.
361.47 Participation by handicapped individuals in the costs of
vocational rehabilitation services.
361.48 Administrative review of agency action, and fair hearing;
review by Secretary.
361.49 Protection, use, and disclosure of personal information.
361.76 State and local funds.
361.170 -- 361.186 Procedures for Hearings on State Plan Conformity
and Compliance.
(b) Program administration. Federal financial participation is
available in expenditures under the State plan for the provision of
services and for program planning, development, evaluation, and control;
research; advocacy; interpretation of the program to the public;
personnel administration, including the administration of affirmative
action plans; use of advisory committees; the removal of architectural
barriers in State unit offices and facilities; program accreditation;
and training and staff development for State unit personnel. All
expenditures in which Federal financial participation is claimed under
the State plan must be subject to the administrative or supervisory
control of the designated State unit.
(Authority: Secs. 12(c) and 705(a) of the Act; 29 U.S.C. 711(c) and
796d(a))
34 CFR 365.16 State independent living council.
(a) Each State must establish a State independent living council that
meets the requirements of section 706 of the Act.
(b) The State plan must assure that the State unit considers the
recommendations of the State independent living council in determining
how independent living services provided under this part will be
expanded or modified.
(Authority: Secs. 705(a)(5) and 706 of the Act; 29 U.S.C.
796d(a)(5) and 796d-1)
(53 FR 17141, May 13, 1988)
34 CFR 365.16 State Plan Content: Provision and Scope of Service
34 CFR 365.30 Processing referrals and applications.
The State plan must assure that the State unit establishes and
maintains written standards and procedures to assure expeditious and
equitable handling of referrals and applications from persons with
severe handicaps for independent living services.
(Authority: Secs. 12(c) and 705(a) of the Act; 29 U.S.C. 711(c) and
796d(a))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.31 Eligibility.
(a) General provisions. (1) The State plan must assure that
eligibility requirements are applied by the designated State unit
without regard to sex, race, creed, color, or national origin of the
individual applying for service. The State plan must specify that no
group of individuals is excluded from service solely on the basis of the
type of disability or on the basis of age.
(2) The State plan must assure that no residence requirement is
imposed which excludes from services under the plan any individual who
is present in the State.
(b) Basic conditions. The State plan must assure that eligibility is
based only upon:
(1) The presence of a severe physical or mental disability;
(2) The presence of a severe limitation in ability to function
independently in family or community or to engage or continue in
employment; and
(3) A reasonable expectation that independent living rehabilitation
services will significantly assist the individual to improve his or her
ability to function independently in family or community or to engage or
continue in employment. For purposes of determining an individual's
eligibility for independent living services, improvement in ability to
function independently in family or community refers to a demonstration
in functional and behavioral terms of an individual's greater
independence or maintenance of independence in such areas as self-care,
activities of daily living, driving, using public transportation,
shopping, housekeeping, communicating, or living more independently.
(Authority: Secs. 12(c), 702(a) and 705(a) of the Act; 29 U.S.C.
711(c), 796a(a) and 796d(a))
34 CFR 365.32 Determination of eligibility for independent living
rehabilitation services.
(a) General provisions. The State plan must assure that the State
unit conducts an evaluation of each person with severe handicaps who
applies for independent living services. This evaluation is limited to
that information necessary to determine whether the individual is
eligible to be provided independent living services and to determine
which independent living services are needed. The evaluation takes into
consideration any relevant case record materials available from files of
the designated State unit or from the files of other agencies. A
special diagnostic study is conducted specifically for purposes of
determining eligibility for independent living services only if already
available information is not complete, relevant, or current.
(b) Scope of evaluation. The State plan must also assure that the
evaluation is sufficient in scope to determine which services will best
meet the current and future needs of the individual for functioning more
independently in family or community or engaging or continuing in
employment.
(Authority: Secs. 12(c), 702(a) and 705(a) of the Act; 29 U.S.C.
711(c), 796a(a) and 796d(a))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.33 Certification of eligibility or ineligibility.
(a) Certification of eligibility. The State plan must assure that,
before or at the same time as acceptance of an individual with severe
handicaps for independent living rehabilitation services, there must be
a certification that the individual has met the basic requirements
specified in 365.31. The State plan must also assure that the
certification is dated and signed by an appropriate staff member of the
designated State unit.
(b) Certification of ineligibility. (1) The State plan must assure
that whenever it is determined that independent living services cannot
be expected to assist an individual to engage or continue in employment
or to function more independently in family or community, there must be
a certification dated and signed by an appropriate staff member of the
State unit.
(2) The State plan must also assure that the certification indicates
the reasons for the ineligibility determination and is made only after
full consultation with the individual or, as appropriate, his or her
parent, guardian, or other representative, or after giving a clear
opportunity for this consultation. In this case, the State unit
notifies the individual in writing of the action taken and informs the
individual of his or her rights and the means by which he or she may
express and seek remedy for any dissatisfactions, including procedures
for administrative review and fair hearings. When appropriate, the
individual is provided a detailed explanation of the availability of the
resources within a protection and advocacy project established within
the State under section 731 of the Act, and referral is made to other
agencies and facilities, including the State's vocational rehabilitation
program under part 361 of this chapter.
(3) The State plan must also assure that when an applicant for
independent living services has been certified as ineligible because of
a determination that these services cannot be expected to assist the
individual to engage or continue in employment or to function more
independently in family or community, the individual's current status
will be reviewed no later than 12 months after the determination has
been made. The review need not be conducted in situations where the
individual has refused the review, the individual is no longer present
in the State, or the individual's whereabouts are unknown.
(Authority: Secs. 12(c), 702(a) and 705(a) of the Act; 29 U.S.C.
711(c), 796a(a) and 796d(a))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.34 Order of selection for services.
The State plan must show the order to be followed in selecting
individuals with severe handicaps to be provided independent living
rehabilitation services if services cannot be provided to all eligible
persons who apply. The State plan must assure that first priority is
given to those individuals with severe handicaps, including homebound
individuals, who are not presently receiving vocational rehabilitation
services under the State vocational rehabilitation service program under
part 361 because of the severity of their physical or mental disability,
and those individuals with severe handicaps who are institutionalized,
have been institutionalized in the past, or are at risk of becoming
institutionalized.
(Authority: Secs. 12(c), 702(a) and 705(a)(2) of the Act; 29 U.S.C.
711(c), 796a(a) and 796d(a)(20))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.35 The case record for the individual.
The State plan must assure that the State unit maintains for each
applicant for independent living services and for each individual
receiving these services, a case record which includes documentation
concerning the individual's eligibility for service and the provision
and payment for services.
(Authority: Secs. 12(c) and 705(a) of the Act; 29 U.S.C. 711(c) and
796d(a))
34 CFR 365.36 The individualized written rehabilitation program for
independent living rehabilitation services.
(a) General provision. The State plan must assure that an
individualized written rehabilitation program is initiated and
periodically updated for each individual with severe handicaps provided
independent living rehabilitation services. The State plan must also
assure that each independent living service is provided in accordance
with the written program. The individualized written rehabilitation
program must be developed jointly by the appropriate staff member of the
State unit and the individual with severe handicaps or, as appropriate
his or her parent, guardian or other representative. A copy of the
written program, and any amendments, must be provided to the individual
with severe handicaps or, as appropriate, his or her parent, guardian or
other representative.
(b) Initiation of program. The individualized written rehabilitation
program must be initiated after certification of eligibility under
365.33 and must indicate the goals established for each individual, the
services to be provided, and the anticipated duration of the service
program and each component service.
(c) Review. The State plan must assure that the individualized
written program will be reviewed as often as necessary but at least on
an annual basis to determine whether services should be continued,
modified, or discontinued, or whether the individual should be referred
to a program of vocational rehabilitation services under part 361 or to
any other program of assistance. Each individual with severe handicaps,
or, as appropriate, his or her parent, guardian or other representative
must be given an opportunity to review the program and, if necessary,
jointly redevelop and agree by signature to its terms.
(d) Review of ineligibility determination. The State plan must
assure that if services are to be terminated under a written program for
any reason, the following conditions and procedures must be met or
carried out:
(1) This decision is made only with the full participation of the
individual, or, as appropriate, his or her parent, guardian, or other
representative, unless the individual has refused to participate, the
individual is no longer present in the State, or his or her whereabouts
are unknown. When the full participation of the individual or a
representative of the individual has been secured in making this
decision, the views of the individual are recorded in the individualized
written rehabilitation program;
(2) The rationale for the ineligibility decision is recorded as an
amendment to the individualized written rehabilitation program
certifying that the provision of independent living services has
demonstrated that the individual is not capable of functioning more
independently in family or community or engaging or continuing in
employment. A certification of ineligibility under 365.33 is then
executed; and
(3) There is a periodic review, at least annually of the
ineligibility decision in which the individual is given opportunity for
full consultation in the reconsideration of the decision, except in
situations where a periodic review would be precluded because the
individual has refused services or has refused a periodic review, the
individual is no longer present in the State, or his or her whereabouts
are unknown. The first review of the ineligibility decision is
initiated by the State unit. Any subsequent reviews are undertaken at
the request of the individual.
(e) Coordination with vocational rehabilitation, developmental
disabilities and education programs. The development of the
individualized written rehabilitation program for independent living
services and the provision of these services must be coordinated to the
maximum extent possible with the individualized written rehabilitation
program for vocational rehabilitation services for that individual, if
there is such a written program. This must also be coordinated with any
individualized written habilitation program for the individual prepared
under the Developmental Disabilities Assistance and Bill of Rights Act
or with any individualized education program for the individual prepared
under Part B of the Education for All Handicapped Children Act.
(Authority: Secs. 12(c), 705(a)(4), and 705(a)(5) of the Act; 29
U.S.C. 711(c), 796d(a)(4) and 796d(a)(6))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.37 Scope of State unit program; independent living
rehabilitation services for individuals.
(a) Scope of services. The State plan must specify those independent
living services available for meeting the independent living
rehabilitation service needs of individuals with severe handicaps in the
State. The services which may be provided to any individual with severe
handicaps may be any of the following independent living rehabilitation
services, as appropriate:
(1) Counseling services, including psychological counseling,
psychotherapeutic counseling, peer counseling, advocacy services and
related services;
(2) Housing incidental to the provision of any independent living
rehabilitation service, and including appropriate accommodations to, and
modifications of, any space utilized to serve individuals with severe
handicaps;
(3) Physical and mental restoration services, including:
(i) Physical and mental medical rehabilitation services;
(ii) Dentistry services;
(iii) Nursing services;
(iv) Therapeutic treatment, such as physical therapy, occupational
therapy, speech, language and hearing therapy, therapeutic recreation,
drama therapy, music therapy, dance therapy and art therapy;
(v) Health maintenance;
(vi) Eyeglasses and visual services; and
(vii) Prosthetic, orthotic and other assistive appliances and
devices.
(4) Attendant care;
(5) Transportation;
(6) Interpreter services for deaf individuals, including tactile
interpretation for deaf-blind individuals;
(7) Reading services, rehabilitation teaching services, and
orientation and mobility services for blind individuals;
(8) Recreational services;
(9) Services to family members of an individual with severe handicaps
if necessary for improving the individual's ability to live and function
more independently, or the individual's ability to engage or continue in
employment;
(10) Vocational and other training services, including personal and
vocational adjustment when necessary for improving the ability of an
individual with severe handicaps to live and function more
independently, or his or her ability to engage or continue in
employment;
(11) Job placement services;
(12) Referral services;
(13) Telecommunications, sensory and other technological aids and
devices;
(14) Services for children of pre-school age including physical
therapy, development of language and communication skills, and child
development services;
(15) Any other vocational rehabilitation services available under the
State plan for vocational rehabilitation services under part 1361 of
this chapter, that are appropriate to the independent living
rehabilitation needs of an individual with severe handicaps; and
(16) Any appropriate preventive services necessary to decrease the
future needs of an individual with severe handicaps assisted under this
program for similar services.
(b) Written policies. The State plan must also assure that the State
unit establishes and maintains written policies covering the quality,
scope, and extent of each of the independent living services listed in
paragraph (a) of this section which is to be provided under the State
program, and the conditions, criteria, and procedures under which the
service is to be provided. These policies must assure that when
services are being provided solely to assist an individual with severe
handicaps to secure or engage in employment, the services must be
provided under part 361 if the individual is also eligible for
vocational rehabilitation services.
(Authority: Secs. 12(c) and 702(b) of the Act; 29 U.S.C. 711(c) and
796a(b))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.38 Case closure.
The State plan must assure that when all objectives identified for an
individual with severe handicaps under an individualized written
rehabilitation program are achieved, the case is closed. When the case
is closed, there must be a record describing the way in which the
individual with severe handicaps has benefited from independent living
rehabilitation services and has significantly improved his or her
ability to engage or continue in employment or to function independently
in family or community.
(Authority: Secs. 12(c) and 705(a) of the Act; 29 U.S.C. 711(c) and
796d(a))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.39 Duration.
The State plan must assure that no uniform durational requirement is
imposed. The estmated duration of each service must be recorded for
each individual under an individualized written rehabilitation program.
(Authority: Secs. 12(c) and 705(a) of the Act; 29 U.S.C. 711(c) and
796d(a))
34 CFR 365.40 Standards for facilities and providers of services.
The State plan must assure that the State unit maintains written
standards for the various types of facilities and providers of services
utilized by the State unit in providing independent living services to
individuals with severe handicaps. The designated State unit must
assure that providers of service meet all licensure or certification
requirements in the State. The State unit must also assure that any
facilities used in connection with the delivery of services under this
program are free from communication and transportation barriers and meet
the standards specified in the Architectural Barriers Act of 1968 and,
the ''American Standard Specification for Making Buildings and
Facilities Accessible to, and Usable by the Physically Handicapped,''
No. A117.1-1961, as amended, and its implementation standards, 41 CFR
part 101-19.6 et seq.
(Authority: Secs. 12(c), 101(a)(7) and 705(a)(3) of the Act; 29
U.S.C. 711(c), 721(a)(7) and 796d(a)(3))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.41 Scope of State unit program: Establishment and
construction of rehabilitation facilities.
If the State plan provides for the establishment and construction of
rehabilitation facilities which provide independent living services, it
must further assure that the primary purpose of the establishment of
construction of any facility is to provide independent living
rehabilitation services to individuals with severe handicaps under this
part. The provisions of 361.51 and 361.52 concerning the
establishment and construction of rehabilitation facilities under the
State plan for vocational rehabilitation services also apply.
(Authority: Secs. 12(c), 103(b) and 702(b) of the Act; 29 U.S.C.
711(c), 723(b), and 796a(b))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.42 Scope of State unit program: Facilities and services for
groups of individuals with severe handicaps.
The State plan may provide for facilities and services that may be
expected to contribute substantially to the rehabilitation of a group of
individuals with severe handicaps but that are not related directly to
the individualized rehabilitation program of any one individual. If the
State plan includes these facilities and services, it must further
assure that the State unit establishes and maintains written policies
covering their provision.
(Authority: Secs. 12(c), 103(b) and 702(b) of the Act; 29 U.S.C.
711(c), 723(b), and 796a(b))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, 17142, May 13,
1988)
34 CFR 365.43 Scope of State unit program: Telecommunications systems
and special materials for blind individuals and deaf individuals.
The State plan may provide for the use of existing telecommunications
systems that have the potential for substantially improving independent
living rehabilitation service delivery methods and the delivery of
appropriate programming to meet the particular needs of individuals with
severe handicaps. The State plan may also provide for the use of
special services available to provide recorded material for blind
individuals and captioned television, films or video cassettes for deaf
individuals. If the State plan includes these services, it must further
assure that the State unit shall establish and maintain written policies
covering their provision.
(Authority: Secs. 12(c), 103(b) and 702(b) of the Act; 29 U.S.C.
711(c), 723(b) and 796a(b))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17141, May 13, 1988)
34 CFR 365.43 Subpart C -- Allotment and Payment
34 CFR 365.44 Allotment of Federal funds for independent living
services.
(a) The allotment of Federal funds for independent living services
for each State is computed in accordance with the requirements of
section 703 of the Act.
(b) If the State plan designates separate units to administer the
part of the plan under which independent living rehabilitation services
are provided for blind individuals, and the rest of the plan,
respectively, the division of the State's allotment is a matter for
State determination.
(Authority: Sec. 703 of the Act; 29 U.S.C. 796(b))
(46 FR 5545, Jan. 19, 1981, as amended at 53 FR 17142, May 13, 1988)
34 CFR 365.45 Payments from allotments for independent living services.
The Secretary pays to each State an amount computed in accordance
with the requirements of section 704 of the Act. The Federal share is
90 percent except for the cost of construction of rehabilitation
facilities where the Federal share may be no more than 50 percent.
(Authority: Sec. 704 of the Act; 29 U.S.C. 796(c))
34 CFR 365.45 PART 366 -- CENTERS FOR INDEPENDENT LIVING
34 CFR 365.45 Subpart A -- General
Sec.
366.1 What is the Centers for Independent Living Program?
366.2 Who is eligible for assistance under this program?
366.3 What regulations apply to this program?
366.4 What definitions apply to this program?
34 CFR 365.45 Subpart B -- What Kinds of Projects Does the Department
of Education Assist Under This Program?
366.10 What specific activities may be supported under this program?
34 CFR 365.45 Subpart C -- How Does one Apply for a Grant?
366.20 What are the application requirements?
34 CFR 365.45 Subpart D -- How Does the Secretary Make a Grant?
366.30 How does the Secretary evaluate an application?
366.31 What selection criteria does the Secretary use in this
program?
34 CFR 365.45 Subpart E -- What Conditions Must Be Met by a Grantee?
366.40 What are the matching requirements?
366.41 How are services to be administered under this program?
366.42 What the requirements pertaining to the protection, use, and
release of personal information?
366.43 What are the reporting requirements?
Authority: 29 U.S.C. 711(c) and 796(e), unless otherwise noted.
Source: 46 FR 5411, Jan. 19, 1981, unless otherwise noted.
34 CFR 365.45 Subpart A -- General
34 CFR 366.1 What is the Centers for Independent Living Program?
This program is designed for planning, establishing and assisting in
the continuing operation of centers for independent living.
(Authority: Sec. 711 of the Act; 29 U.S.C. 796e)
34 CFR 366.2 Who is eligible for assistance under this program?
(a) Applications may be made by designated State vocational
rehabilitation units.
(b) If a designated State unit has failed to submit an application
within three months after the beginning of a fiscal year or if a State
unit has advised the Secretary in writing at any time within three
months after the beginning of a fiscal year of its decision not to
submit an application, applications for Federal assistance may be made
by local public agencies and by private nonprofit organizations within
the State. The written statement of a designated State unit decision
not to apply is binding for that fiscal year.
(Authority: Secs. 711 (a) and (d) of the Act; 29 U.S.C. 796e(d))
(46 FR 5411, Jan. 19, 1981, as amended at 53 FR 17142, May 13, 1988)
34 CFR 366.3 What regulations apply to this program?
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grants), part 75 (Direct
Grant Program), part 77 (Definitions that Apply to Department
Regulations), part 78 (Education Appeal Board), and part 79
(Intergovernmental Review of Department of Education Programs and
Activities).
(b) The regulations in this part 366.
(Authority: 711 of the Act; 29 U.S.C. 796(e))
(50 FR 38630, Sept. 23, 1985, as amended at 55 FR 21714, May 25,
1990)
34 CFR 366.4 What definitions apply to this program?
(a) The following definitions in 34 CFR part 77 apply to this program
--
Applicant
Application
Award
Budget Period
Department
EDGAR
Nonprofit
Project
Project Period
Public
Secretary
(b) The following definitions also apply to the Centers for
Independent Living Program --
Center for independent living means a program of services or a
facility that offers a combination of independent living services for
individuals with severe handicaps or groups of individuals with severe
handicaps such as:
(1) Intake counseling to determine the need of an individual with
severe handicaps for specific independent living services;
(2) Referrals and counseling services with respect to attendant care;
(3) Attendant care and the training of personnel to provide attendant
care;
(4) Counseling and advocacy services with respect to legal and
economic rights and benefits;
(5) Peer counseling;
(6) Independent living skills, counseling and training, including
training in the maintenance of necessary equipment, training in job
seeking skills, counseling on therapy needs and programs, and special
independent living skill training for blind individuals or deaf
individuals;
(7) Housing, recreation, and transportation referral and assistance;
(8) Surveys, directories, and other activities to identify
appropriate housing, recreational opportunities, and accessible
transportation and other support services;
(9) Health maintenance programs;
(10) Community group living arrangements;
(11) Education and training necessary for living in the community and
participating in community activities;
(12) Individual and group social and recreational services;
(13) Interpreter services for deaf or deaf-blind individuals and
reading services for blind individuals; and
(14) Other programs and services necessary to provide resources,
training, counseling, services or other assistance of substantial
benefit in promoting the independence, productivity, and quality of life
for individuals with severe handicaps.
(Authority: Sec. 711(c) of the Act; 29 U.S.C. 796e(c))
Designated State unit or designated State vocational rehabilitation
unit means either:
(1) The State agency vocational rehabilitation bureau, division, or
other organizational unit that is primarily concerned with vocational
rehabilitation or vocational and other rehabilitation of individuals
with handicaps and that is responsible for the administration of the
vocational rehabilitation program of the State agency; or
(2) The independent State commission, board, or other agency that has
vocational rehabilitation, or vocational and other rehabilitation as its
primary function.
(Authority: Sec. 7(3) of the Act; 29 U.S.C. 706(3))
Individual with severe handicaps means an individual whose ability to
function independently in family or community, or whose ability to
engage or continue in employment is so limited by the severity of his or
her physical or mental disability that independent living rehabilitation
services are required in order to achieve a greater level of
independence in functioning in family or community or engaging or
continuing in employment. Independent living rehabilitation services
needed by an individual with severe handicaps are appreciably more
costly and of appreciably greater duration than vocational
rehabilitation services that might be provided under 34 CFR part 361.
(Authority: Sec. 702(a) of the Act; 29 U.S.C. 796a(a))
(46 FR 5411, Jan. 19, 1981, as amended at 53 FR 17142, May 13, 1988)
34 CFR 366.4 Subpart B -- What Kinds of Projects Does the Department of Education Assist Under This Program?
34 CFR 366.10 What specific activities may be supported under this
program?
(a) The Centers for Independent Living Program provides financial
assistance for planning, establishing and operating centers for
independent living. Grant funds under this program must be used only
for establishing new centers for independent living or expanding or
improving ongoing centers of independent living;
(b) Grant funds may not be used in whole or in part to supplant other
existing funding support already being used by a center for independent
living.
(Authority: Secs. 12(c) and 711 of the Act; 29 U.S.C. 711(c) and
796e)
34 CFR 366.10 Subpart C -- How Does One Apply for a Grant?
34 CFR 366.20 What are the application requirements?
In addition to the information required by 34 CFR 75.107, each
applicant shall include in its application --
(a) An assurance that the center will have a board that is composed
of a majority of individuals with handicaps and that is the principal
governing body of the center;
(b) An assurance that individuals with handicaps will be
substantially involved in policy direction and management of the center,
and will be employed by the center;
(c) An assurance that the center will offer individuals with
handicaps a combination of independent living services, including, as
appropriate, the services described in the definition of ''center for
independent living'' in 366.4(b); and
(d) A description of an annual evaluation plan that contains, at a
minimum, the following elements:
(1) The numbers and types of individuals with handicaps that were
assisted.
(2) The extent to which individuals with varying handicapping
conditions were served.
(3) The types of services provided.
(4) The sources of funding.
(5) The percentage of resources committed to each type of service
provided.
(6) How services provided contributed to the maintenance of or the
increased independence of individuals with handicaps that were assisted.
(7) The extent to which individuals with handicaps participate in
management and decision making in the center.
(8) The extent of capacity building activities, including
collaboration with other agencies and organizations.
(9) The extent of catalytic activities to promote community
awareness, involvement, and assistance.
(10) The extent of outreach efforts and the impact of those efforts.
(11) A comparison, if appropriate, of prior year(s) activities with
most recent year activities.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Sec. 711(c) of the Act; 29 U.S.C 796e(c))
(50 FR 38630, Sept. 23, 1985, as amended at 53 FR 17142, May 13,
1988; 53 FR 49145, Dec. 6, 1988)
34 CFR 366.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 366.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates each application under this program on
the basis of the criteria specified in 366.31. The maximum possible
score for each complete criterion is stated in parentheses. The number
of points awarded for each criterion depends on how well the applicant
meets all the elements under that criterion.
(b) The Secretary awards up to 100 points for these criteria.
(Authority: Secs. 12(c) and 711 of the Act; 29 U.S.C. 711(c) and
796e)
34 CFR 366.31 What selection criteria does the Secretary use in this
program?
(a) Evidence of need (5 points).
(1) The Secretary reviews each application for information that shows
that the need for the project has been adequately justified;
(2) The Secretary looks for information that shows that need for the
Center for Independent Living has been established in terms of existing
programs and facilities and includes an assessment of the potential of
the existing programs and facilities to meet service needs for
independent living services of individuals with severe handicaps in the
geographical area to be served.
(b) Plan of operation (25 points).
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective;
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Persons with handicaps; and
(D) The elderly.
(c) Service comprehensiveness (15 points).
(1) The secretary reviews each application for information that shows
the comprehensiveness of the services to be available in each center.
(2) The Secretary looks for information that shows --
(i) Evidence that the center will utilize all presently available
services;
(ii) Evidence that effort will be made to provide as many as possible
of the services identified in the definition of ''center for independent
living'' in 366.4(b); and
(iii) Evidence that the project will service individuals with a broad
range of disabilities including disabled persons who may have limited
knowledge about the project such as the mentally retarded and the
sensory impaired.
(d) Quality of key personnel (10 points).
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (2) (i) and
(ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Persons with handicaps; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(e) Involvement of persons with severe handicaps (20 points).
(1) The Secretary reviews each application for information that shows
that persons with severe handicaps are appropriately involved in
conducting center activities.
(2) The Secretary looks for information that shows that persons with
severe handicaps or their parents, guardians or other representatives,
as appropriate, will be substantially involved in planning, policy
direction and management of the center and, to the greatest extent
possible, will be employed by the center.
(f) Budget and cost effectiveness (10 points).
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(g) Evaluation plan (5 points).
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(h) Adequacy of resources (10 points).
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Secs. 12(c) and 711 of the Act; 29 U.S.C. 711(c) and
796e)
(46 FR 5411, Jan. 19, 1981, as amended at 53 FR 17142, May 13, 1988;
53 FR 49145, Dec. 6, 1988)
34 CFR 366.31 Subpart E -- What Conditions Must Be Met By a Grantee?
34 CFR 366.40 What are the matching requirements?
No minimum share is required of applicants but each applicant is
encouraged to furnish as large a part of the total project costs as
possible.
(Authority: Secs. 12(c) and 711 of the Act; 29 U.S.C. 711(c) and
796e)
34 CFR 366.41 How are services to be administered under this program?
The designated State unit may either directly operate a center for
independent living or a group of centers or it may award one or more
contracts to other public or nonprofit agencies or organizations in the
State for the purpose of operating a center or a group of centers.
(Authority: Secs. 12(c) and 711 of the Act; 29 U.S.C. 711(c) and
796e)
34 CFR 366.42 What are the requirements pertaining to the protection,
use, and release of personal information?
(a) All personal information about individuals served by any project
under this part, including lists of names, addresses, photographs, and
records of evaluation, must be held confidential.
(b) The use of information and records concerning individuals must be
limited only to purposes directly connected with the project, including
project evaluation activities. This information may not be disclosed,
directly or indirectly, other than in the administration of the project
unless the consent of the agency providing the information and the
individual to whom the information applies, or his representative, has
been obtained in writing. The Secretary and other Federal or State
officials responsible for enforcing legal requirements have access to
this information without written consent being obtained. The final
product of the project may not reveal any personal identifying
information without written consent of the individual or his or her
representative.
34 CFR 366.43 What are the reporting requirements?
Beginning in fiscal year 1989 each grantee shall report to the
Secretary at the end of each project year the extent to which it is in
compliance with program evaluation standards developed in accordance
with sections 711(e)(1) and 711(f)(1) of the Act.
(Authority: Secs. 711(e) and 711(f) of the Act; 29 U.S.C. 796e(e)
and 796e(f))
(53 FR 17142, May 13, 1988)
34 CFR 366.43 PART 367 -- INDEPENDENT LIVING SERVICES FOR OLDER BLIND INDIVIDUALS
34 CFR 366.43 Subpart A -- General
Sec.
367.1 What is Independent Living Services for Older Blind
Individuals?
367.2 Who is eligible for an award?
367.3 What activities may the Secretary fund?
367.4 What regulations apply?
367.5 What definitions apply?
34 CFR 366.43 Subpart B -- How Does One Apply for an Award?
367.10 What assurances must a designated State unit submit to receive
a grant?
34 CFR 366.43 Subpart C -- How Does the Secretary Make an Award?
367.20 How does the Secretary evaluate an application?
367.21 What selection criteria does the Secretary use?
367.22 What additional factors does the Secretary consider?
34 CFR 366.43 Subpart D -- What Conditions Must Be Met After an Award?
367.30 How are services to be administered under this program?
367.31 What are the requirements pertaining to the protection, use
and release of personal information?
Authority: 29 U.S.C. 796f, unless otherwise noted.
Source: 53 FR 26978, July 15, 1988, unless otherwise noted.
34 CFR 366.43 Subpart A -- General
34 CFR 367.1 What is Independent Living Services for Older Blind
Individuals?
This program supports projects that provide independent living
services to older blind individuals.
(Authority: 29 U.S.C. 796f)
34 CFR 367.2 Who is eligible for an award?
Any designated State unit that is authorized to provide
rehabilitation services to blind individuals is eligible for an award
under this program.
(Authority: 29 U.S.C. 711(c) and 796f(a))
34 CFR 367.3 What activities may the Secretary fund?
Authorized activities under this program include --
(a) Services to help correct blindness or visual impairment such as
--
(1) Outreach services;
(2) Visual screening;
(3) Surgical or therapeutic treatment to prevent, correct, or modify
disabling eye conditions;
(4) Occular prostheses; and
(5) Hospitalization related to these services;
(b) The provision of eyeglasses and other visual aids;
(c) The provision of services and equipment to assist an older blind
individual to become more mobile and more self-sufficient;
(d) Mobility training, braille instruction, and other services and
equipment to help an older blind individual adjust to blindness;
(e) Guide services, reader services, and transportation;
(f) Any other appropriate services designed to assist a blind person
in coping with daily living activities, including supportive services or
rehabilitation teaching services; and
(g) Activities that will improve or expand services for older blind
individuals and help improve public understanding of the problems of
those individuals.
(Authority: 29 U.S.C. 711(c) and 796f(a))
34 CFR 367.4 What regulations apply?
The following regulations apply to Independent Living Services for
Older Blind Individuals:
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grants), part 75 (Direct
Grant Programs), part 77 (Definitions that Apply to Department
Regulations), part 78 (Education Appeal Board), and part 79
(Intergovernmental Review of Department of Education Programs and
Activities).
(b) The regulations in this part 367.
(c) The regulations in 34 CFR 365.13.
(Authority: 29 U.S.C. 711(c) and 796f)
(53 FR 26978, July 15, 1988, as amended at 55 FR 21714, May 25, 1990)
34 CFR 367.5 What definitions apply?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
Budget period
Department
EDGAR
Fiscal year
Grant period
Nonprofit
Private
Project
Project period
Public
Secretary
(b) Other definitions. The following definitions also apply to this
part:
Designated State unit means either --
(1) The State agency vocational rehabilitation bureau, division, or
other organizational unit that is primarily concerned with vocational
rehabilitation or vocational and other rehabilitation of individuals
with handicaps and that is responsible for the administration of the
vocational rehabilitation program of the State agency; or
(2) The independent State commission, board, or other agency that has
vocational rehabilitation, or vocational and other rehabilitation as its
primary function.
(Authority: 29 U.S.C. 706(3) and 721(a))
Independent living services for older blind individuals means any
services enumerated in 367.3 that will assist an older blind individual
to correct blindness or visual impairment or to adjust to blindness by
becoming more able to care for individual needs.
(Authority: 29 U.S.C. 796f(a))
Older blind individual means an individual aged fifty-five or older
whose severe visual impairment makes gainful employment extremely
difficult to obtain but for whom independent living goals are feasible.
(Authority: 29 U.S.C. 796f(d))
34 CFR 367.5 Subpart B -- How Does One Apply for an Award?
34 CFR 367.10 What assurances must a designated State unit submit to
receive a grant?
(a) Each applicant for assistance under this part shall submit to the
Secretary an assurance that it has been designated by the State as the
sole State agency authorized to provide rehabilitation services to blind
individuals.
(b) Each designated State unit shall submit to the Secretary
assurances that any new methods and approaches relating to the services
described in 367.3 for older blind individuals that are developed by
projects under this program will be incorporated into its State plan for
independent living services required by section 705 of the Act.
(Authority: 29 U.S.C. 711(c) and 796f(b))
34 CFR 367.10 Subpart C -- How Does the Secretary Make an Award?
34 CFR 367.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates each application on the basis of the
criteria in 367.21.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 711(c) and 796f)
(53 FR 26978, July 15, 1988, as amended at 53 FR 49145, Dec. 6, 1988)
34 CFR 367.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application:
(a) Extent of need for the project. (20 points)
(1) The Secretary reviews each application to determine the extent to
which the project meets specific needs recognized in the statute that
authorizes the program, including consideration of --
(i) The needs addressed by the project;
(ii) How the applicant identified those needs;
(iii) How those needs will be met by the project; and
(iv) The benefits to be gained by meeting those needs.
(2) The Secretary reviews each application to determine the extent
that the need for independent living services for older blind
individuals is justified in terms of complementing or expanding existing
independent living and aging programs and facilities and the potential
of the project to support the overall mission of the State-Federal
independent living program as stated in title VII, section 701 of the
Act.
(b) Plan of operation. (20 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project, including --
(1) The quality of the design of the project;
(2) The extent to which the plan of management is effective and
ensures proper and efficient administration of the project;
(3) How well the objectives of the project relate to the purpose of
the program;
(4) The quality of the applicant's plan to use its resources and
personnel to achieve each objective;
(5) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or handicapping condition; and
(6) The extent to which the plan of operation and management includes
involvement by older blind individuals in planning for and conducting of
program activities.
(c) Quality of key personnel. (10 points)
(1) The Secretary reviews each application to determine the quality
of key personnel the applicant plans to use on the project, including --
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (c)(1)(i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age or
handicapping condition.
(2) To determine personnel qualifications under paragraphs (c)(1)(i)
and (ii) of this section, the Secretary considers --
(i) Experience and training in fields related to the scope of the
project; and
(ii) Any other qualifications that pertain to the objectives of the
project.
(d) Budget and cost effectiveness. (5 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the project;
(2) Costs are reasonable in relation to the objectives of the
project; and
(3) The applicant demonstrates the cost-effectiveness of project
services in comparison with alternative services and programs available
to older blind individuals.
(e) Evaluation plan. (5 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Accurately evaluate the success and cost-effectiveness of the
project; and
(2) To the extent possible, are objective and produce data that are
quantifiable.
(Cross-reference: See 34 CFR 75.590 Evaluation by the grantee.)
(f) Adequacy of resources. (5 points) The Secretary reviews each
application to determine the adequacy of the resources that the
applicant plans to devote to the project, including accessibility of
facilities, equipment and supplies.
(g) Service comprehensiveness. (20 points)
(1) The Secretary reviews each application to determine the extent to
which effective outreach services for independent living will be
provided within the project to enable older blind individuals to live
more independently in the home and community.
(2) The Secretary reviews each application to determine the extent to
which the availability of the following core services that will meet the
independent living needs of older blind individuals with varying degrees
of visual impairment are included:
(i) Orientation and mobility skills training that will enable older
blind individuals to travel independently, safely and confidently in
familiar and unfamiliar environments.
(ii) Skills training in braille, handwriting and typewriting or other
means of communication.
(iii) Communication aids such as large print, cassette tape recorders
and readers.
(iv) Training to perform daily living activities such as meal
preparation, identifying coins and currency, selection of clothing,
telling time and maintaining a houshold.
(v) Provision of low-vision services and aids such as magnifiers to
perform reading and mobility tasks.
(vi) Family and peer counseling services to assist the older blind
individual adjust emotionally to the loss of vision as well as to assist
in the individual's integration into the community and its resources.
(vii) Any other needed services such as transportation or guide
services provided to individuals with severe handicaps under the
State-Federal independent living program authorized by 34 CFR part 365.
(h) Likelihood of sustaining program. (15 points) The Secretary
reviews each application to determine --
(1) The likelihood that the service program will be sustained after
the completion of Federal project grant assistance;
(2) The extent to which the applicant intends to continue to operate
the service program through cooperative agreements and other formal
measures; and
(3) The extent to which the applicant will identify and, to the
extent possible, use comparable services and benefits under other
programs for which project clients might be eligible.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 711(c) and 796f)
(53 FR 26978, July 15, 1988, as amended at 53 FR 49145, Dec. 6, 1988)
34 CFR 367.22 What additional factors does the Secretary consider?
In addition to the criteria in 367.21, the Secretary considers the
geographic distribution of projects in making an award.
(Authority: 29 U.S.C. 711(c) and 796f)
34 CFR 367.22 Subpart D -- What Conditions Must Be Met After an Award?
34 CFR 367.30 How are services to be administered under this program?
Each designated State unit may either directly provide independent
living services under this program or it may make subgrants to other
public agencies or private nonprofit organizations to provide these
services.
(Authority: 29 U.S.C. 796f(c))
34 CFR 367.31 What are the requirements pertaining to the protection,
use and release of personal information?
(a) All personal information about individuals served by any project
under this part, including lists of names, addresses, photographs, and
records of evaluation, must be held confidential.
(b) The use of information (including records) concerning individuals
must be limited to purposes directly connected with the project,
including project evaluation activities. This information may not be
disclosed, directly or indirectly, other than in the administration of
the project unless the consent of the agency providing the information
and of the individual to whom the information applies, or the
individual's representative, has been obtained in writing. However, the
Secretary and other Federal or State officials responsible for enforcing
legal requirements have access to this information without written
consent being obtained. The final product of the project may not reveal
any personal identifying information without written consent of the
individual or the individual's representative.
(Authority: 29 U.S.C. 711(c))
34 CFR 367.31 PART 369 -- VOCATIONAL REHABILITATION SERVICE PROJECTS
34 CFR 367.31 Subpart A -- General
Sec.
369.1 What are the Vocational Rehabilitation Service Projects?
369.2 Who is eligible for assistance under these programs?
369.3 What regulations apply to these programs?
369.4 What definitions apply to these programs?
34 CFR 367.31 Subpart B -- (Reserved)
34 CFR 367.31 Subpart C -- How Does One Apply For A Grant?
369.20 What are the application procedures for these programs?
34 CFR 367.31 Subpart D -- How Does the Secretary Make A Grant?
369.30 How does the Secretary evaluate an application?
369.31 What general selection criteria does the Secretary use in
reviewing an application?
369.32 What other factors does the Secretary consider in reviewing an
application?
34 CFR 367.31 Subpart E -- What Conditions Must Be Met By A Grantee?
369.40 -- 369.41 (Reserved)
369.42 What special requirements affect provision of services to
individuals with handicaps?
369.43 What are the affirmative action plan requirements affecting
grantees?
369.44 What are the special requirements for projects that involve
construction?
369.45 What wage and hour standards apply to workshops?
369.46 What are the special requirements pertaining to the membership
of project advisory committees?
369.47 What are the special requirements pertaining to the
protection, use, and release of personal information?
369.48 What are the special requirements affecting the collection of
data from State agencies?
Authority: 29 U.S.C. 711(c), 732, 750, 775, 777(a)(1), 777(a)(3),
777(b), 777f and 795g, unless otherwise noted.
Source: 46 FR 5417, Jan. 19, 1981, unless otherwise noted.
34 CFR 367.31 Subpart A -- General
34 CFR 369.1 What are the Vocational Rehabilitation Service Projects?
(a) These programs provide financial assistance for the support of
special project activities for providing vocational rehabilitation
services and related services to individuals with handicaps and other
persons.
(b) The Secretary awards financial assistance through the following
programs --
(1) Vocational Rehabilitation Service Projects for American Indians
with Handicaps (34 CFR part 371).
(2) Comprehensive Rehabilitation Centers (34 CFR part 372).
(3) Special Projects and Demonstrations for Providing Vocational
Rehabilitation Services to Individuals with Severe Handicaps (34 CFR
part 373).
(4) Special Projects and Demonstrations for Making Recreational
Activities Accessible to Individuals with Handicaps (34 CFR part 374).
(5) Vocational Rehabilitation Service Projects for Migratory
Agricultural and Seasonal Farmworkers with Handicaps (34 CFR part 375).
(6) Special Projects and Demonstrations for Providing Transitional
Rehabilitation Services to Handicapped Youth (34 CFR part 376).
(7) Projects for Initiating Special Recreation Programs for
Individuals with Handicaps (34 CFR part 378).
(8) Projects with Industry (34 CFR part 379).
(Authority: Secs. 112, 130, 305, 306, 311a, 311(a)(3), 312, 316, 621
of the Act; 29 U.S.C. 732, 750, 775, 776, 777a(a)(1), 777a(a)(3),
777(b), 777f and 795g)
(46 FR 5417, Jan. 19, 1981, as amended at 50 FR 9962, Mar. 12, 1985;
51 FR 3895, Jan. 30, 1986; 53 FR 17142, 17143, May 13, 1988)
34 CFR 369.2 Who is eligible for assistance under these programs?
(a) Vocational rehabilitation service projects for American Indians
with handicaps. Governing bodies of Indian tribes and consortia of
those governing bodies located on Federal and State reservations are
eligible for assistance to support projects for providing vocational
rehabilitation services to American Indians with handicaps.
(Authority: Sec. 130 of the Act; 29 U.S.C. 750)
(b) Comprehensive rehabilitation centers. State vocational
rehabilitation units are eligible for assistance to support
comprehensive rehabilitation center projects.
(Authority: Sec. 305 of the Act; 29 U.S.C. 775)
(c) Special projects and demonstrations for providing vocational
rehabilitation services to individuals with severe handicaps. States
and public and other nonprofit agencies and organizations are eligible
for expanding or otherwise improving vocational rehabilitation services
to individuals with handicaps.
(Authority: Sec. 311(a)(1) of the Act; 29 U.S.C. 777(a)(1))
(d) Special projects and demonstrations for making recreational
activities accessible to individuals with handicaps. States and public
and other nonprofit agencies and organizations are eligible for
assistance to support special projects and demonstrations for making
recreational activities accessible to individuals with handicaps.
(Authority: Sec. 311(a)(3) of the Act; 29 U.S.C. 777(a)(3))
(e) Vocational rehabilitation service projects for migratory
agricultural workers and seasonal farmworkers with handicaps. State
vocational rehabilitation agencies or local agencies administering
vocational rehabilitation programs under written agreements with State
agencies are eligible for assistance to support projects for providing
vocational rehabilitation services to migratory agricultural workers or
seasonal farmworkers with handicaps.
(Authority: Sec. 312 of the Act; 29 U.S.C. 777(b))
(f) Projects for initiating special recreation programs for
individuals with handicaps. State and other public agencies and private
nonprofit agencies and organizations are eligible for assistance to
support projects for initiating special recreation programs for
individuals with handicaps.
(Authority: Sec. 316 of the Act; 29 U.S.C. 777(f))
(g) Projects with industry. Any industrial, business, or commercial
enterprise; labor organization; employer; industrial, or community
trade association; rehabilitation facility; or other agency or
organization with the capacity to arrange, coordinate, or conduct
training and other employment programs and provide supportive services
and assistance for individuals with handicaps in a realistic work
setting is eligible for assistance to support a project with industry.
(Authority: Sec. 621 of the Act; 29 U.S.C. 795(g))
(h) Special projects and demonstrations for providing transitional
rehabilitation services to handicapped youth. State and other public
and nonprofit agencies and organizations are eligible for assistance
under this program.
(Authority: Sec. 311(c) of the Act; 29 U.S.C. 777a(c))
(46 FR 5417, Jan. 19, 1981, as amended at 50 FR 9962, Mar. 12, 1985;
51 FR 3895, Jan. 30, 1986; 53 FR 17142, 17143, May 13, 1988)
34 CFR 369.3 What regulations apply to these programs?
The following regulations apply to the programs listed in 369.1(b):
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grants), part 75 (Direct
Grant Programs), part 77 (Definitions that Apply to Department
Regulations), part 78 (Education Appeal Board), and part 79
(Intergovernmental Review of Department of Education Programs and
Activities), except that part 79 does not apply to the Handicapped
American Indian Vocational Rehabilitation Service Projects Program (34
CFR part 371).
(b) The regulations in this part 369.
(c) The regulations in 34 CFR parts 371, 372, 373, 374, 375, 376,
378, and 379, as appropriate.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(51 FR 3895, Jan. 30, 1986, as amended at 55 FR 21714, May 25, 1990)
34 CFR 369.4 What definitions apply to these programs?
(a) The following definitions in 34 CFR part 77 apply to the programs
under Vocational Rehabilitation Service Projects --
Applicant
Application
Award
Budget Period
Department
EDGAR
Nonprofit
Profit
Project Period
Public
Secretary
Work of Art
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(b) The following definitions also apply to programs under Vocational
Rehabilitation Service Projects:
Act means the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as
amended.
Blind or blind individual means a person who is blind within the
meaning of the law relating to vocational rehabilitation in each State.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Construction of a rehabilitation facility means:
(1) The construction of new buildings, the acquisition of existing
buildings, or the expansion, remodeling, alteration or renovation of
existing buildings which are to be utilized for rehabilitation facility
purposes; or
(2) The acquisition of initial equipment of such new, newly acquired,
newly expanded, newly remodeled, newly altered or newly renovated
buildings.
(Authority: Sec. 7(1) of the Act; 29 U.S.C. 706(1))
Individual with handicaps means an individual:
(1) Who has a physical or mental disability which for that individual
constitutes or results in a substantial handicap to employment; and
(2) Who can reasonably be expected to benefit in terms of
employability from the provision of vocational rehabilitation services,
or for whom an extended evaluation of vocational rehabilitation
potential is necessary to determine whether he or she might reasonably
be expected to benefit in terms of employability from the provision of
vocational rehabilitation services;
(Authority: Sec. 7(7)(A) of the Act; 29 U.S.C. 706(7)(A))
Individual with severe handicaps means a individual with handicaps:
(1) Who has a severe physical or mental disability which seriously
limits one or more functional capacities (mobility, communication,
self-care, self-direction, work tolerance, or work skills) in terms of
employability; and
(2) Whose vocational rehabilitation can be expected to require
multiple vocational rehabilitation services over an extended period of
time; and
(3) Who has one or more physical or mental disabilities resulting
from amputation, arthritis, blindness, cancer, cerebral palsy, cystic
fibrosis, deafness, heart disease, hemiplegia, hemophilia, respiratory
or pulmonary dysfunction, mental retardation, mental illness, multiple
sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological
disorders (including stroke and epilepsy), paraplegia, quadriplegia, and
other spinal cord conditions, sickle cell anemia, specific learning
disability, and end-stage renal disease, or another disability or
combination of disabilities determined on the basis of an evaluation of
rehabilitation potential to cause comparable substantial functional
limitation.
(Authority: Sec. 7(13) of the Act; 29 U.S.C. 706(13))
Physical and mental restoration services means:
(1) Medical or corrective surgical treatment;
(2) Diagnosis and treatment for mental or emotional disorders by a
physician skilled in the diagnosis and treatment of such disorders or by
a psychologist licensed or certified in accordance with State laws and
regulations;
(3) Dentistry;
(4) Nursing services;
(5) Necessary hospitalization (either inpatient or outpatient care)
in connection with surgery or treatment and clinic services;
(6) Convalescent or nursing home care;
(7) Drugs and supplies;
(8) Prosthetic, orthotic or other assistive devices including hearing
aids essential to obtaining or retaining employment;
(9) Eyeglasses and visual services, including visual training, and
the examination and services necessary for the prescription and
provision of eyeglasses, contact lenses, microscopic lenses, telescopic
lenses, and other special visual aids, prescribed by a physician skilled
in diseases of the eye or by an optometrist, whichever the individual
may select;
(10) Podiatry;
(11) Physical therapy;
(12) Occupational therapy;
(13) Speech and hearing therapy;
(14) Psychological services;
(15) Therapeutic recreation services;
(16) Medical or medically related social work services;
(17) Treatment of either acute or chronic medical complications and
emergencies which are associated with or arise out of the provision of
physical and mental restoration services; or which are inherent in the
condition under treatment;
(18) Special services for the treatment of individuals suffering from
end-stage renal disease, including transplantation, dialysis, artificial
kidneys, and supplies; and
(19) Other medical or medically related rehabilitation services,
including art therapy, dance therapy, music therapy and psychodrama.
(Authority: Sec. 103(a)(4) of the Act; 29 U.S.C. 723(a)(4))
Physical or mental disability means a physical or mental condition
which materially limits, contributes to limiting or, if not corrected,
will probably result in limiting an individual's employment activities
or vocational functioning.
(Authority: Sec. 7(7) of the Act; 29 U.S.C. 706(7))
Rehabilitation facility means a facility that is operated for the
primary purpose of providing vocational rehabilitation services to
individuals with handicaps, and that provides singly or in combination
one or more of the following services for individuals with handicaps:
(1) Vocational rehabilitation services, including under one
management, medical, psychiatric, psychological, social, and vocational
services;
(2) Testing, fitting, or training in the use of prosthetic and
orthotic devices;
(3) Prevocational conditioning or recreational therapy;
(4) Physical and occupational therapy;
(5) Speech and hearing therapy;
(6) Psychological and social services;
(7) Evaluation of rehabilitation potential;
(8) Personal and work adjustment;
(9) Vocational training with a view toward career advancement (in
combination with other rehabilitation services);
(10) Evaluation or control of specific disabilities;
(11) Orientation and mobility services and other adjustment services
to blind individuals; and
(12) Transitional or extended employment for those individuals with
handicaps who cannot be readily absorbed in the competitive labor
market.
(Authority: Sec. 7(11) of the Act; 29 U.S.C. 706(11))
Reservation means a Federal or State Indian reservation, public
domain Indian allotment, former Indian reservation in Oklahoma, and land
held by incorporated Native groups, regional corporations and village
corporations under the provisions of the Alaska Native Claims Settlement
Act.
(Authority: Sec. 130(e) of the Act; 29 U.S.C. 750(e))
State agency means the sole State agency designated to administer (or
supervise local administration of) the State plan for vocational
rehabilitation services. The term includes the State agency for the
blind, if designated as the sole State agency with respect to that part
of the plan relating to the vocational rehabilitation of blind
individuals.
(Authority: Sec. 101(a)(1)(A) of the Act; 29 U.S.C. 721(a)(1)(A))
State plan means the State plan for vocational rehabilitation
services. (34 CFR part 361)
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
State unit, State vocational rehabilitation unit or designated State
unit means either:
(1) The State agency vocational rehabilitation bureau, division, or
other organizational unit that is primarily concerned with vocational
rehabilitation or vocational and other rehabilitation of individuals
with handicaps and that is responsible for the administration of the
vocational rehabilitation program of the State agency; or
(2) The independent State commission, board, or other agency which
has vocational rehabilitation, or vocational and other rehabilitation as
its primary function.
(Authority: Sec. 7(3) of the Act 29; U.S.C. 706(3))
Substantial handicap to employment means that a physical or mental
disability (in light of attendant medical, psychological, vocational,
educational, and other related factors) impedes an individual's
occupational performance by preventing his obtaining, retaining, or
preparing for employment consistent with his capacities and abilities.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Vocational rehabilitation services when provided to an individual,
means:
(1) Evaluation of vocational rehabilitation potential, including
diagnostic and related services incidental to the determination of
eligibility for, and the nature and scope of services to be provided;
(2) Counseling and guidance, including personal adjustment
counseling, to maintain a counseling relationship throughout a program
of services for individuals with handicaps, and referral necessary to
help individuals with handicaps secure needed services from other
agencies;
(3) Physical and mental restoration services, necessary to correct or
substantially modify a physical or mental condition which is stable or
slowly progressive;
(4) Vocational and other training services, including personal and
vocational adjustment, books, tools, and other training materials;
(5) Maintenance;
(6) Transportation;
(7) Services to family members of an individual with handicaps if
necessary to the vocational rehabilitation of the individual with
handicaps;
(8) Interpreter services and note-taking services for the deaf,
including tactile interpreting for deaf-blind individuals;
(9) Reader services, rehabilitation teaching services, note-taking
services, and orientation and mobility services for the blind;
(10) Telecommunications, sensory and other technological aids and
devices;
(11) Recruitment and training services to provide new employment
opportunities in the fields of rehabilitation, health, welfare, public
safety, law enforcement and other appropriate public service employment;
(12) Placement in suitable employment;
(13) Post-employment services necessary to maintain suitable
employment;
(14) Occupational licenses, including any license, permit or other
written authorization from any governmental unit to be obtained in order
to enter an occupation or enter a small business, tools, equipment,
initial stocks (including livestock) and supplies;
(15) Rehabilitation engineering services; and
(16) Other goods and services that can reasonably be expected to
benefit an individual with handicaps in terms of employability.
(Authority: Sec. 103(a) of the Act; 29 U.S.C. 723(a))
Vocational rehabilitation services when provided for the benefit of
groups of individuals, also means:
(1) In the case of any type of small business enterprise operated by
individuals with severe handicaps under the supervision of the State
unit, management services, and supervision and acquisition of vending
facilities or other equipment, and initial stocks and supplies;
(2) The establishment of a rehabilitation facility;
(3) The construction of a rehabilitation facility;
(4) The provision of other facilities and services, including
services provided at rehabilitation facilities, that promise to
contribute substantially to the rehabilitation of a group of individuals
but that are not related directly to the individualized written
rehabilitation program of any one individual with handicaps;
(5) The use of existing telecommunications systems; and
(6) The use of services providing recorded material for blind persons
and captioned films or video cassettes for deaf persons.
(Authority: Sec. 103(b) of the Act; 29 U.S.C. 723(b))
Workshop means a rehabilitation facility, or that part of a
rehabilitation facility, engaged in production or service operation for
the primary purpose of providing gainful employment as an interim step
in the rehabilitation process for those who cannot be readily absorbed
in the competitive labor market or during such time as employment
opportunities for them in the competitive labor market do not exist.
(Authority: Secs. 7(11) and 12(c) of the Act; 29 U.S.C. 706(11) and
711(c))
(46 FR 5417, Jan. 19, 1981, as amended at 50 FR 38630, Sept. 23,
1985; 53 FR 17143, May 13, 1988)
34 CFR 369.4 Subpart B -- (Reserved)
34 CFR 369.4 Subpart C -- How Does One Apply for a Grant?
34 CFR 369.20 What are the application procedures for these programs?
The Secretary gives the appropriate State vocational rehabilitation
unit an opportunity to review and comment on applications submitted from
within the State that it serves. The procedures to be followed by the
applicant and the State are in EDGAR 75.155-75.159.
(Authority: Sec. 12)(c) of the Act; 29 U.S.C. 711(c))
34 CFR 369.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 369.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates each application on the basis of general
selection criteria in 369.31 and specific selection criteria in 34 CFR
parts 371, 372, 373, 374, 375, 376, 378, and 379. The maximum possible
score for each complete criterion under each Vocational Rehabilitation
Service Project category is stated in parentheses in 71.30, 372.30,
373.30, 374.30, 375.30, 376.31, 378.30, and 379.30. The number of points
awarded under each criterion depends on how well the application meets
all the elements under that criterion.
(b) The Secretary awards up to 100 possible points for these
selection criteria.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5417, Jan. 19, 1981, as amended at 51 FR 3895, Jan. 30, 1986)
34 CFR 369.31 What general selection criteria does the Secretary use in
reviewing an application?
(a) Plan of operation. (1) The Secretary reviews each application
for information that shows the quality of the plan of operation for the
project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective;
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Persons with handicaps;
(B) The elderly;
(C) Women; and
(D) Members of racial or ethnic minority groups;
(b) Quality of key personnel. (1) The Secretary reviews each
application for information that shows the quality of key personnel
proposed for the project;
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i)
and (ii) of this criterion will commit to the project; and
(iv) The extent to which the applicant, as part of its
non-discriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Persons with handicaps;
(B) The elderly;
(C) Women; and
(D) Members of racial or ethnic minority groups.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(c) Budget and cost effectiveness. (1) The Secretary reviews each
application for information that shows that the project has an adequate
budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities;
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (1) The Secretary reviews each application for
information that shows the quality of the evaluation plan for the
project.
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project, and to the extent
possible, are objective, and produce data that are quantifiable.
(e) Adequacy of resources. (1) The Secretary reviews each
application for information that shows that the applicant plans to
devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5417, Jan. 19, 1981, as amended at 53 FR 17143, May 13, 1988;
53 FR 49145, Dec. 6, 1988)
34 CFR 369.32 What other factors does the Secretary consider in
reviewing an application?
In addition to the selection criteria listed in 369.31 and 34 CFR
parts 371, 372, 373, 374, 375, 376, 378, and 379, the Secretary, in
making awards under these programs, considers such factors as --
(a) The geographical distribution of projects in each program
category throughout the country; and
(b) The past performance of the applicant in carrying out similar
activities under previously awarded grants, as indicated by such factors
as compliance with grant conditions, soundness of programmatic and
financial management practices and attainment of established project
objectives.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(a)).
(46 FR 5417, Jan. 19, 1981, as amended at 51 FR 3895, Jan. 30, 1986)
34 CFR 369.32 Subpart E -- What Conditions Must Be Met by a Grantee?
369.40 -- 369.41 (Reserved)
34 CFR 369.42 What special requirements affect provision of services to
individuals with handicaps?
Vocational rehabilitation services provided in projects assisted
under these programs must be provided in the same manner as services
provided under the State plan for vocational rehabilitation services
under 34 CFR part 361.
(Authority: Sec. 306(h) of the Act; 29 U.S.C. 776(h))
(46 FR 5417, Jan. 19, 1981, as amended at 53 FR 17144, May 13, 1988)
34 CFR 369.43 What are the affirmative action plan requirements
affecting grantees?
A recipient of Federal assistance must develop and implement an
affirmative action plan to employ and advance in employment qualified
individuals with handicaps. This plan must provide for specific action
steps, timetables, and complaint and enforcement procedures necessary to
assure affirmative action.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5417, Jan. 19, 1981, as amended at 53 FR 17144, May 13, 1988)
34 CFR 369.44 What are the special requirements for projects that
involve construction?
(a) A project which involves construction (the construction of new
buildings and the acquisition, expansion, remodeling, alteration, and
renovation of existing buildings) under these programs must meet the
following requirements in addition to those requirements specified in 34
CFR 75.600-75.615:
(1) Plans and specifications must be approved by the Architectural
and Transportation Barriers Compliance Board.
(2) The grantee must ensure that the facility will be used as a
public or nonprofit facility for at least 20 years after completion of
the project;
(3) The grantee must assure that Federal funds are used only for the
purposes for which the funds were provided; and
(4) The grantee must operate and maintain the facility in accordance
with applicable Federal, State, and local requirements for the
maintenance and operation of rehabilitation facilities.
(b) The construction of a rehabilitation facility which is primarily
a workshop may include the construction of residential accommodations
for use in connection with the rehabilitation of individuals with
handicaps if it is necessary to the effective operation of the facility.
(c) Federal financial participation is not available for the costs of
offsite improvements or for the construction of any facility used for
religious worship or sectarian activity.
(Authority: Secs. 12(c) and 306 of the Act; 29 U.S.C. 711(c) and
776)
(46 FR 5417, Jan. 19, 1981, as amended at 53 FR 17144, May 13, 1988)
34 CFR 369.45 What wage and hour standards apply to workshops?
All applicable Federal and State wage and hour standards must be
observed in projects carried out in workshops.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 369.46 What are the special requirements pertaining to the
membership of project advisory committees?
If an advisory committee is established under a project, its
membership must include persons with handicaps or their representatives
and other individuals to be assisted within the project, providers of
services, and other appropriate individuals.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5417, Jan. 19, 1981, as amended at 53 FR 17144, May 13, 1988)
34 CFR 369.47 What are the special requirements pertaining to the
protection, use, and release of personal information?
(a) All personal information about individuals served by any project
under this part, including lists of names, addresses, photographs, and
records of evaluation, must be held confidential.
(b) The use of information and records concerning individuals must be
limited only to purposes directly connected with the project, including
project evaluation activities. This information may not be disclosed,
directly or indirectly, other than in the administration of the project
unless the consent of the agency providing the information and the
individual to whom the information applies, or his or her
representative, have been obtained in writing. The Secretary or other
Federal or State officials responsible for enforcing legal requirements
have access to this information without written consent being obtained.
The final product of the project may not reveal any personal identifying
information without written consent of the individual or his or her
representative.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 369.48 What are the special requirements affecting the
collection of data from State agencies?
If the collection of data is necessary either from individuals with
handicaps being served by two or more State agencies or from employees
of two or more of these agencies, the project director must submit
requests for the data to appropriate representatives of the affected
agencies, as determined by the Secretary. This requirement also applies
to employed project staff and individuals enrolled in courses of study
supported under this part.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(46 FR 5417, Jan. 19, 1981, as amended at 53 FR 17144, May 13, 1988)
34 CFR 369.48 PART 370 -- CLIENT ASSISTANCE PROGRAM
34 CFR 369.48 Subpart A -- General
Sec.
370.1 What is the Client Assistance Program?
370.2 Who is eligible for an award under the Client Assistance
Program?
370.3 What regulations apply to the Client Assistance Program?
370.4 What definitions apply to the Client Assistance Program?
370.5 -- 370.9 (Reserved)
34 CFR 369.48 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
370.10 What kinds of activities does the Secretary assist under this
program?
370.11 -- 370.19 (Reserved)
34 CFR 369.48 Subpart C -- How Does One Apply for a Grant?
370.20 What must be included in a request for a grant?
370.21 -- 370.29 (Reserved)
34 CFR 369.48 Subpart D -- How Does the Secretary Make a Grant?
370.30 How does the Secretary allocate funds?
370.31 How does the Secretary reallocate funds?
370.32 -- 370.39 (Reserved)
34 CFR 369.48 Subpart E -- What Conditions Must Be Met by a Grantee?
370.40 What are allowable costs?
370.41 What conflict of interest provision applies to program
employees?
370.42 What access must the program director be afforded to
policymaking and administrative personnel?
370.43 What requirement applies to the use of mediation procedures?
370.44 What reporting requirement applies to each designated agency?
370.45 What limitation applies to the pursuit of legal remedies?
370.46 What consultation requirement applies to the Governor?
370.47 When must grant funds be obligated?
370.48 -- 370.49 (Reserved)
Authority: 29 U.S.C. 732, unless otherwise noted.
Source: 50 FR 9962, Mar. 12, 1985, unless otherwise noted.
34 CFR 369.48 Subpart A -- General
34 CFR 370.1 What is the Client Assistance Program?
The purpose of this program is --
(a) To provide assistance in informing and advising clients and
client applicants of all available benefits under the Act;
(b) If requested by clients and client applicants, to assist them in
their relationships with projects, programs, and facilities providing
services to them under the Act; and
(c) To provide information on available services under the Act to any
individual with handicaps in the State.
(Authority: Sec. 112(a) of the Act; 29 U.S.C. 732(a))
(53 FR 17144, May 13, 1988)
34 CFR 370.2 Who is eligible for an award under the Client Assistance
Program?
(a) Any State, through its Governor, is eligible for an award under
this part.
(b) The Governor of each State shall designate a public or private
agency to conduct the State's client assistance program under this part.
(c) Except as provided in paragraph (d) of this section, the Governor
shall designate an agency which is independent of any agency which
provides treatment, services, or rehabilitation to individuals under the
Act.
(d) The Governor may, in the initial designation, designate an agency
which provides treatment, services, or rehabilitation to individuals
with handicaps under the Act if, at any time before February 22, 1984,
there was an agency in the State that both --
(1) Served as a client assistance agency under section 112 of the Act
by directly carrying out a client assistance program; and
(2) Was, at the same time, a grantee under section 112 or any other
provision of the Act.
(e) The Governor shall not change the designated agency without good
cause, and only after providing notice and an opportunity for public
comment on the proposed redesignation.
(f) The program conducted by the designated agency must have the
authority to pursue legal, administrative, and other appropriate
remedies to ensure the protection of rights of individuals with
handicaps who are receiving treatments, services, or rehabilitation
under the Act within the State.
(Authority: Sec. 112 (a) and (c) of the Act; 29 U.S.C. 732 (a) and
(c))
(50 FR 9962, Mar. 12, 1985, as amended at 53 FR 17144, May 13, 1988)
34 CFR 370.3 What regulations apply to the Client Assistance Program?
The following regulations apply to this program:
(a) The regulations in this part 370.
(b) The regulations in 34 CFR 369.43 and 369.46 through 369.48,
relating to various conditions to be met by grantees.
(c) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR --
(1) Part 74 (Administration of Grants);
(2) Part 76 (State-Administered Programs), except for ----
(i) 76.103;
(ii) 76.705 and 76.706;
(iii) 76.734; and
(iv) 76.740 and 76.741;
(3) Part 77 (Definitions that Apply to Department Regulations);
(4) Part 78 (Education Appeal Board); and
(5) Part 79 (Intergovernmental Review of Department of Education
Programs and Activities).
(Authority: Sec. 112(c) of the Act; 29 U.S.C. 732(c))
34 CFR 370.4 What definitions apply to the Client Assistance Program?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Award
EDGAR
Fiscal year
Private
Public
Secretary
State
(b) Definitions that apply to this part. The following definitions
apply to this part:
Act means the Rehabilitation Act of 1973, as amended.
Client or client applicant means an individual receiving or seeking
services under the Act.
Designated agency means the agency designated by the Governor under
370.2 to conduct a client assistance program under this part.
Governor means the chief executive of the State.
(Authority: Sec. 112(e)(3)(B) of the Act; 29 U.S.C. 732(e)(3)(B))
(Note: Any funds made available to a State under this program that
are transferred by a State to a designated agency do not comprise a
subgrant as that term is defined in 34 CFR 77.1. The designated agency
is not, therefore, in these circumstances a subgrantee as that term is
defined in that section).
(Authority: Sec. 112 of the Act; 29 U.S.C. 732)
(50 FR 9962, Mar. 12, 1985, as amended at 53 FR 17144, May 13, 1988)
370.5 -- 370.9 (Reserved)
34 CFR 370.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 370.10 What kinds of activities does the Secretary assist under
this program?
Funds made available under this part may be used for activities
consistent with the purpose of this program, including --
(a) Helping clients or client applicants to understand rehabilitation
services programs under the Act;
(b) Advising clients or client applicants of all benefits available
to them through rehabilitation programs authorized under the Act and
related Federal and State assistance programs, and their rights and
responsibilities in connection with those benefits;
(c) Otherwise assisting clients and client applicants in their
relationships with projects, programs, and facilities providing
rehabilitation services under the Act;
(d) Helping clients or client applicants by pursuing, or assisting
them in pursuing, legal, administrative, and other available remedies
when necessary to ensure the protection of their rights under the Act;
(e) Advising State and other agencies of identified problem areas in
the delivery of rehabilitation services to individuals with handicaps
and suggesting methods and means of improving agency performance;
(f) Providing information to the public concerning the client
assistance program; and
(g) Providing information on available services under the Act to any
individual with disabilities in the State.
(Authority: Sec. 112 of the Act; 29 U.S.C. 732)
(50 FR 9962, Mar. 12, 1985, as amended at 53 FR 17144, May 13, 1988)
370.12 -- 370.19 (Reserved)
34 CFR 370.10 Subpart C -- How Does One Apply for a Grant?
34 CFR 370.20 What must be included in a request for a grant?
(a) Each State seeking assistance under this part shall submit to the
Secretary, in writing --
(1) The name of the designated agency; and
(2) An assurance that the designated agency meets the independence
requirement of 370.2(c) or that the State is excepted from that
requirement under 370.2(d).
(b)(1) Each State shall submit to the Secretary an assurance that the
client assistance program for which it seeks funds under this part has
the authority to pursue legal, administrative, and other appropriate
remedies to ensure the protection of rights of individuals with
handicaps who are receiving treatments, services, or rehabilitation
under the Act within the State.
(2) The authority to pursue remedies described in paragraph (b)(1) of
this section must include the authority to pursue those remedies against
the State vocational rehabilitation agency and other appropriate State
agencies. The designated agency meets this requirement if it has the
authority to pursue those remedies either on its own behalf or by
obtaining necessary services, such as legal representation, from outside
sources.
(c) Each State shall also submit to the Secretary assurances that --
(1) The State will advise all clients and client applicants of the
existence of the client assistance program, the services provided by the
program, and how to contact the program;
(2) The client assistance program will meet each of the requirements
of 370.41 through 370.47; and
(3) The client assistance program will provide the Secretary the
information needed to conduct evaluations and studies of the program,
such as the evaluation described in section 112(h) of the Act.
(d) Each State shall specify the amount of funds requested under this
part.
(Approved by the Office of Management and Budget under control number
1820-0520)
(Authority: Sec. 112(f) of the Act; 29 U.S.C. 732(f))
(50 FR 9962, Mar. 12, 1985, as amended at 53 FR 17144, May 13, 1988)
370.21 -- 370.29 (Reserved)
34 CFR 370.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 370.30 How does the Secretary allocate funds?
(a)(1) The Secretary allocates the funds available under this part
for any fiscal year to the States on the basis of the relative
population of each State. The Secretary allocates at least $50,000 to
each State, unless the provisions of section 112(e)(1)(D) of the Act,
which provide for increasing the minimum allotment, are applicable.
(b) The Secretary allocates $30,000 each to American Samoa, Guam, the
Virgin Islands, the Northern Mariana Islands, and the Trust Territory of
the Pacific Islands, unless the provisions of section 112(e)(1)(D) of
the Act are applicable.
(c) Unless prohibited or otherwise provided by State law, the
Secretary pays to the designated agency, from the State allotment under
paragraph (a) or (b) of this section, the amount specified in the
State's approved request. In all cases, however, the State remains the
grantee.
(d) Both the State and the designated agency are accountable to the
Secretary for the proper use of funds made available under this part.
(Authority: Sec. 112(e)(1), (3) of the Act; 29 U.S.C. 732(e)(1),
(3))
(50 FR 9962, Mar. 12, 1985, as amended at 53 FR 17144, May 13, 1988)
34 CFR 370.31 How does the Secretary reallocate funds?
The Secretary reallocates funds in accordance with section 112(e)(2)
of the Act.
(Authority: Sec. 112(e)(2) of the Act; 29 U.S.C. 732(e)(2))
370.32 -- 370.39 (Reserved)
34 CFR 370.31 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 370.40 What are allowable costs?
In addition to those allowable costs established in EDGAR, and
consistent with the program activities listed in 370.10, the cost of
client, client applicant, or attendant travel in connection with the
provision of assistance is also allowable under this program.
(Authority: Sec. 112 of the Act; 29 U.S.C. 732)
34 CFR 370.41 What conflict of interest provision applies to program
employees?
(a) No program employee may, while so employed, serve as a staff
member of or consultant to any other rehabilitation project, program, or
facility receiving assistance under the Act in the State.
(b) This section does not prohibit an individual receiving a
traineeship under section 304 of the Act from serving with a program
under this part during the traineeship.
(Authority: Sec. 112(g)(1) of the Act; 29 U.S.C. 732(g)(1))
(50 FR 9962, Mar. 12, 1985, as amended at 53 FR 17144, May 13, 1988)
34 CFR 370.42 What access must the program director be afforded to
policymaking and administrative personnel?
The program director must be afforded reasonable access to
policymaking and administrative personnel in the State and local
rehabilitation programs, projects, or facilities. One way in which the
program director may be provided that access would be to include the
director among the individuals to be consulted on matters of general
policy development and implementation, as required by 34 CFR 361.18.
(Authority: Sec. 112(g)(2) of the Act; 29 U.S.C. 732(g)(2))
34 CFR 370.43 What requirement applies to the use of mediation
procedures?
(a) Each designated agency shall implement procedures designed to
ensure that, to the maximum extent possible, mediation procedures are
used before resorting to administrative or legal remedies.
(b) As used in this section, ''mediation'' includes good faith
negotiations, but this section does not require the use of a third party
before resorting to administrative or legal remedies.
(Authority: Sec. 112(g)(3) of the Act; 29 U.S.C. 732(g)(3))
34 CFR 370.44 What reporting requirement applies to each designated
agency?
Each designated agency shall submit to the Secretary an annual report
on the operation of its program during the previous year, including a
summary of the work done and the uniform statistical tabulation of all
cases handled by the program.
(Approved by the Office of Management and Budget under control number
1820-0528)
(Authority: Sec. 112(g)(4) of the Act; 29 U.S.C. 732(g)(4))
(50 FR 9962, Mar. 12, 1985, as amended at 53 FR 49145, Dec. 6, 1988)
34 CFR 370.45 What limitation applies to the pursuit of legal remedies?
A designated agency may not bring any class action in carrying out
its responsibilities under this part.
(Authority: Sec. 112(d) of the Act; 29 U.S.C. 732(d))
34 CFR 370.46 What consultation requirement applies to the Governor?
In designating a client assistance agency under 370.2 and in
carrying out the other provisions of this part, the Governor shall
consult with the director of the State vocational rehabilitation agency
(or, in States with both a general agency and an agency for the blind,
the directors of both agencies), the head of the developmental
disability protection and advocacy agency, and representatives of
professional and consumer organizations serving individuals with
handicaps in the State.
(Authority: Sec. 112(c)(2) of the Act; 29 U.S.C. 732(c)(2))
(50 FR 9962, Mar. 12, 1985, as amended at 53 FR 17144, May 13, 1988)
34 CFR 370.47 When must grant funds be obligated?
(a) Each designated agency must obligate funds received under this
part by the end of the fiscal year for which they are made available.
(b) The designated agency is considered a State for purposes of 34
CFR 76.707.
(Authority: Sec. 112 of the Act; 29 U.S.C. 732)
370.48 -- 370.49 (Reserved)
34 CFR 370.47 PART 371 -- VOCATIONAL REHABILITATION SERVICE PROJECTS FOR AMERICAN INDIANS WITH HANDICAPS
34 CFR 370.47 Subpart A -- General
Sec.
371.1 What is the Vocational Rehabilitation Service Program for
American Indians with Handicaps?
371.2 Who is eligible for assistance under this program?
371.3 What regulations apply to this program?
371.4 What definitions apply to this program?
34 CFR 370.47 Subpart B -- What Kinds of Activities Does the Department
of Education Assist Under This Program?
371.10 What types of projects are authorized under this program?
34 CFR 370.47 Subpart C -- How Does One Apply for a Grant?
371.20 What are the application procedures under this program?
371.21 What are the special application requirements related to the
State plan Program?
34 CFR 370.47 Subpart D -- How Does the Secretary Make a Grant?
371.30 What selection criteria does the Secretary use under this
program?
371.31 How are grants awarded?
34 CFR 370.47 Subpart E -- What Conditions Apply to a Grantee Under
this Program?
371.40 What are the matching requirements?
371.41 What are allowable costs?
371.42 How are services to be administered under this program?
371.43 What other special conditions apply to this program?
Authority: 29 U.S.C. 711(c) and 750, unless otherwise noted.
Source: 46 FR 5423, Jan. 19, 1981, unless otherwise noted.
34 CFR 370.47 Subpart A -- General
34 CFR 371.1 What is the Vocational Rehabilitation Service Program for
American Indians with Handicaps?
This program is designed to provide vocational rehabilitation
services to American Indians with handicaps who reside on Federal or
State reservations in order to prepare them for suitable employment.
(Authority: Sec. 130(a) of the Act; 29 U.S.C. 750(a))
(52 FR 30555, Aug. 14, 1987)
34 CFR 371.2 Who is eligible for assistance under this program?
Applications may be made only by the governing bodies of Indian
tribes and consortia of those governing bodies located on Federal and
State reservations.
(Authority: Sec. 130(a) of the Act; 29 U.S.C. 750(a))
(46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987)
34 CFR 371.3 What regulations apply to this program?
The following regulations apply to this program --
(a) 34 CFR part 369;
(b) The regulations in this part 371.
(Authority: Sec. 130 of the Act; 29 U.S.C. 750)
34 CFR 371.4 What definitions apply to this program?
(a) The definitions in 34 CFR part 369 apply to this program;
(b) The following definitions also apply specifically to this program
--
American Indian means a person who is a member of an Indian tribe.
(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and
750)
Consortium means two or more eligible governing bodies of Indian
tribes that make application as a single applicant under an agreement
whereby each governing body is legally responsible for carrying out all
of the activities in the application.
(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and
750)
Governing bodies of Indian tribes means those duly elected or
appointed representatives of an Indian tribe or of an Alaskan native
village. These representatives must have the authority to enter into
contracts, agreements, and grants on behalf of their constituency.
(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and
750)
Indian tribe means any Federal or State Indian band, rancheria,
pueblo, colony, and community, including any Alaskan native village or
regional village corporation (as defined in or established pursuant to
the Alaska Native Claims Settlement Act).
(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and
750)
Reservation means a Federal or State Indian reservation, public
domain Indian allotment, former Indian reservation in Oklahoma, and land
held by incorporated Native groups, regional corporations and village
corporations under the provisions of the Alaska Native Claims Settlement
Act.
(Authority: Secs. 12(c) and 130(e) of the Act; 29 U.S.C. 711(c) and
750(e))
(46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987)
34 CFR 371.4 Subpart B -- What Kinds of Activities Does the Department of Education Assist Under This Program?
34 CFR 371.10 What types of projects are authorized under this program?
The Handicapped American Indian Vocational Rehabilitation Service
Projects Program provides financial assistance for the establishment and
operation of tribal vocational rehabilitation service programs for
American Indians with handicaps who reside on Federal or State
reservations.
(Authority: Sec. 130(a) of the Act; 29 U.S.C. 750(a))
(46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987)
34 CFR 371.10 Subpart C -- How Does One Apply for a Grant?
34 CFR 371.20 What are the application procedures for this program?
In the development of an application, a governing body or consortium
is required to consult with the designated State unit or the designated
State units of the State or States in which vocational rehabilitation
services are to be provided.
(Authority: Sec. 130(b) of the Act; 29 U.S.C. 750(b))
(46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987)
34 CFR 371.21 What are the special application requirements related to
the State plan program?
Each applicant under this program must provide evidence that --
(a) Effort will be made to provide a broad scope of vocational
rehabilitation services in a manner and at a level of quality at least
comparable to those services provided by the designated State unit under
34 CFR part 361.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(b) All decisions affecting eligibility for and the nature and scope
of vocational rehabilitation services to be provided, and the provision
of these services, will be made by the tribal vocational rehabilitation
program through its vocational rehabilitation unit and will not be
delegated to another agency or individual.
(Authority: Secs. 12(c) and 101(a) of the Act; 29 U.S.C. 711(c) and
721(a))
(c) Priority in the delivery of vocational rehabilitation service
will be given to those American Indians with handicaps who are the most
severely handicapped.
(Authority: Secs. 12(c) and 101(a)(5) of the Act; 29 U.S.C. 711(c)
and 721(a)(5))
(d) An order of selection of individuals with handicaps to be served
under the program will be specified if services cannot be provided to
all eligible American Indians with handicaps who apply.
(Authority: Secs. 12(c) and 101(a)(5) of the Act; 29 U.S.C. 711(c)
and 721(a)(5))
(e) All vocational rehabilitation services will be provided according
to an individualized written rehabilitation program which has been
developed jointly by the representative of the service providing
organization and each American Indian with handicaps being served.
(Authority: Secs. 12(c) and 101(a)(9) of the Act; 29 U.S.C. 711(c)
and 721(a)(9))
(f) American Indians with handicaps living on Federal or State
reservations where service programs are being carried out under this
part will have an opportunity to participate in matters of general
policy development and implementation affecting vocational
rehabilitation service delivery on the reservation.
(Authority: Secs. 12(c) and 101(a)(18) of the Act; 29 U.S.C.
711(c) and 721(a)(18))
(g) Cooperative working arrangements will be developed with the
designated State unit, or designated State units, as appropriate, which
are providing vocational rehabilitation services to other individuals
with handicaps who reside in the State or States being served.
(Authority: Secs. 12(c) and 101(a)(11) of the Act; 29 U.S.C.
711(c) and 721(a)(11))
(h) Any similar benefits available to American Indians with handicaps
under any other program which might meet in whole or in part the cost of
any vocational rehabilitation service will be fully considered in the
provision of vocational rehabilitation services in accordance with 34
CFR part 361.
(Authority: Secs. 12(c) and 101(a)(8) of the Act; 29 U.S.C. 711(c)
and 721(a)(8))
(i) Any American Indian with handicaps who is an applicant or
recipient of services, and who is dissatisfied with a determination made
by a counselor or coordinator under this program and files a request for
a review, will be afforded a review under procedures developed by the
grantee comparable to those under the provisions of section 102(d)
(1)-(3) of the Act.
(Authority: Secs. 12(c) and 102(d) of the Act; 29 U.S.C. 711(c) and
722(d))
(j) Minimum standards will be established for facilities and
providers of service which will be comparable to the standards set by
the designated State unit or designated State units in the State or
States in which the program is to be provided; and
(Authority: Secs. 12(c) and 101(a)(6) of the Act; 29 U.S.C. 711(c)
and 721(a)(12))
(k) Maximum use will be made of public or other vocational or
technical training facilities or other appropriate community resources.
(Authority: Secs. 12(c) and 101(a)(12) of the Act; 29 U.S.C.
711(c) and 721(a)(12))
(46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987)
34 CFR 371.21 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 371.30 What selection criteria does the Secretary use under this
program?
(a) Plan of operation (30 Points). The Secretary reviews each
application on the basis of the criterion in 369.31(a).
(b) Quality of key personnel (20 Points). The Secretary reviews each
application on the basis of the criterion in 369.31(b).
(c) Budget and cost effectiveness (10 Points). The Secretary reviews
each application on the basis of the criterion in 369.31(c).
(d) Evaluation plan (5 Points). The Secretary reviews each
application on the basis of the criterion in 369.31(d).
(e) Adequacy of resources (10 Points) The Secretary reviews each
application on the basis of the criterion in 369.31(e).
(f) Evidence of need for project (25 Points).
(1) The Secretary reviews each application for information that shows
that the need for the special project has been adequately justified.
(2) The Secretary looks for information that shows --
(i) The extent to which vocational rehabilitation services are
provided by the State vocational rehabilitation unit to American Indians
with handicaps residing on reservations;
(ii) The extent to which the provision of vocational rehabilitation
services through a tribal rehabilitation service program would expand or
improve rehabilitation services for American Indians with handicaps.
(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and
750)
(46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987)
34 CFR 371.31 How are grants awarded?
To the extent that funds have been appropriated under this program,
the Secretary approves all applications which meet acceptable standards
of program quality. If any application is not approved because of
deficiencies in proposed program standards, the Secretary provides
technical assistance to the applicant Indian tribe with respect to any
areas of the proposal which were judged to be deficient.
(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and
750)
34 CFR 371.31 Subpart E -- What Conditions Apply to A Grantee Under This Program?
34 CFR 371.40 What are the matching requirements?
(a) Federal share. Except as provided in paragraph (c) of this
section, the Federal share may not be more than 90 percent of the total
cost of the project.
(b) Non-Federal share. The non-Federal share of the cost of the
project may be in cash or in kind, fairly valued.
(c) Waiver of non-Federal share. In order to carry out the purposes
of the program, the Secretary may waive the non-Federal share
requirement, in part or in whole, only if the applicant demonstrates
that it does not have sufficient resources to contribute the non-Federal
share of the cost of the project.
(Authority: Secs. 12(c) and 130(a) of the Act; 29 U.S.C. 711(c) and
750(c))
(52 FR 30556, Aug. 14, 1987)
34 CFR 371.41 What are allowable costs?
(a) In addition to those allowable costs established in EDGAR
75.530-75.534, the following items are allowable costs under this
program --
(1) Expenditures for the provision of vocational rehabilitation
services and for the administration, including staff development, of a
program of vocational rehabilitation services.
(2) Expenditures for services reflecting the cultural background of
the American Indians being served, including treatment provided by
native healing practitioners who are recognized as such by the tribal
vocational rehabilitation program when the services are necessary to
assist an individual with handicaps to achieve his or her vocational
rehabilitation objective.
(b) Expenditures may not be made under this program to cover the
costs of providing vocational rehabilitation services to individuals
with handicaps not residing on Federal or State reservations.
(Authority: Secs. 12(c) and 130(a) of the Act; 29 U.S.C. 711(c) and
750(a))
(46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987)
34 CFR 371.42 How are services to be administered under this program?
(a) Directly or by contract. A grantee under this part may provide
the vocational rehabilitation services directly or it may contract or
otherwise enter into an agreement with a designated State unit, a
rehabilitation facility, or another agency to assist in the
implementation of the vocational rehabilitation service program for
American Indians with handicaps.
(b) Inter-tribal agreement. A grantee under this part may enter into
an inter-tribal arrangement with governing bodies of other Indian tribes
for carrying out a project that serves more than one Indian tribe.
(c) Comparable service program. To the maximum extent feasible,
services provided by a grantee under this part must be comparable to
rehabilitation service provided under this title to other individuals
with handicaps residing in the State.
(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and
750)
(52 FR 30556, Aug. 14, 1987)
34 CFR 371.43 What other special conditions apply to this program?
(a) Any American Indian with handicaps who is eligible for service
under this program but who wishes to be provided service by the
designated State unit must be referred to the State unit for such
services.
(b) Preference in employment in connection with the provision of
vocational rehabilitation services under this section must be given to
American Indians, with a special priority being given to American
Indians with handicaps.
(c) The provisions of sections 5, 6, 7, and 102(a) of the Indian
Self-Determination and Education Assistance Act also apply under this
program. These provisions relate to grant reporting and audit
requirements, maintenance of records, access to records, availability of
required reports and information to Indian people served or represented,
repayment of unexpended Federal funds, criminal activities involving
grants, penalties, wage and labor standards, preference requirements for
American Indians in the conduct and administration of the grant, and
requirements affecting requests of tribal organizations to enter into
contracts. For purposes of applying these requirements to this program,
the Secretary carries out those responsibilities assigned to the
Secretary of Interior.
(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and
750)
(46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987)
34 CFR 371.43 PART 372 -- COMPREHENSIVE REHABILITATION CENTERS
34 CFR 371.43 Subpart A -- General
Sec.
372.1 What is the Comprehensive Rehabilitation Centers Program?
372.2 Who is eligible for assistance under this program?
372.3 What regulatios apply to this program?
372.4 What definitions apply to this program?
34 CFR 371.43 Subpart B -- What Kinds of Activities Does the Department
of Education Assist Under This Program?
372.10 What types of projects are authorized under this program?
34 CFR 371.43 Subpart C -- How Does One Apply for a Grant?
372.20 What are the special application requirements for this
program?
34 CFR 371.43 Subpart D -- How Does the Secretary Make a Grant?
372.30 What selection criteria does the Secretary use?
372.32 Is there a priority for the use of existing facilities?
34 CFR 371.43 Subpartart E -- What Conditions Must Be Met by a Grantee?
372.40 What are the matching requirements?
372.41 What are allowable costs?
372.42 How are services to be administered under this program?
372.43 What special conditions apply under this program to projects
that involve construction?
Authority: 29 U.S.C. 711(c) and 775, unless otherwise noted.
Source: 46 FR 5425, Jan. 19, 1981, unless otherwise noted.
34 CFR 371.43 Subpart A -- General
34 CFR 372.1 What is the Comprehensive Rehabilitation Center Program?
This program is designed to establish or operate comprehensive
rehabilitation centers which serve primarily as centers for the
development, delivery, and coordination of vocational rehabilitation
services and other services needed by persons with handicaps in the
community.
(Authority: Sec. 305(a) of the Act; 29 U.S.C. 775(a))
(46 FR 5425, Jan. 19, 1981, as amended at 53 FR 17144, May 13, 1988)
34 CFR 372.2 Who is eligible for assistance under this program?
(a) Applications may be made by State vocational rehabilitation
units.
(b) A State vocational rehabilitation unit that has been awarded a
grant under this program may award a subgrant to a unit of general
purpose local government or to any other public or nonprofit private
agency or organization or enter into a contract with agencies or
organizations in the community.
(Authority: Secs. 305(a), (c) of the Act; 29 U.S.C. 775(a), (c))
(46 FR 5425, Jan. 19, 1981, as amended at 53 FR 17144, May 13, 1988)
34 CFR 372.3 What regulations apply to this program?
The following regulations apply to this program --
(a) 34 CFR part 369.
(b) The regulations in this part 372.
(Authority: Sec. 305 of the Act; 29 U.S.C. 775)
34 CFR 372.4 What definitions apply to this program?
(a) The definitions in 34 CFR part 369 apply to this program.
(b) The following definitions also apply specifically to this program
--
(1) ''Comprehensive rehabilitation center'' means a facility or group
of facilities that serves as a focal point within a community for the
development and delivery of services for persons with handicaps and
other persons.
(Authority: Secs. 12(c) and 305 of the Act; 29 U.S.C. 711(c) and
775)
(2) ''Person with handicaps'' means an individual of any age who has
a physical or mental disability.
(Authority: Secs. 12(c) and 305 of the Act; 29 U.S.C. 711(c) and
775)
(46 FR 5425, Jan. 19, 1981, as amended at 53 FR 17144, May 13, 1988)
34 CFR 372.4 Subpart B -- What Kinds of Activities Does the Department of Education Assist Under This Program?
34 CFR 372.10 What types of projects are authorized under this program?
A comprehensive rehabilitation center established or operated under
this program may function as a community information and referral
resources center for persons with handicaps and for other public and
other nonprofit agencies in the community which serve persons with
handicaps. A comprehensive rehabilitation center may, in addition,
directly provide a broad range of vocational rehabilitation, health,
educational, social, and recreational services to persons with
handicaps.
(Authority: Sec. 305(a) of the Act; 29 U.S.C. 775)
(46 FR 5425, Jan. 19, 1981, as amended at 53 FR 17144, May 13, 1988)
34 CFR 372.10 Subpart C -- How Does One Apply for a Grant?
34 CFR 372.20 What are the special application requirements for this
program?
The need for the establishment of a comprehensive rehabilitation
center must be identified by the State unit in the State planning for
rehabilitation facilities required under 34 CFR part 361 before an
application may be submitted under this program.
(Authority: Secs. 12(c), 101(a)(15) and 305 of the Act; 29 U.S.C.
711(c), 721(a)(15) and 775)
34 CFR 372.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 372.30 What selection criteria does the Secretary use?
(a) Plan of operation (35 Points). The Secretary reviews each
application on the basis of the criterion in 369.31(a).
(b) Quality of key personnel (10 Points). The Secretary reviews each
application on the basis of the criterion in 369.31(b).
(c) Budget and cost effectiveness (15 Points). The Secretary reviews
each application on the basis of the criterion in 369.31(c).
(d) Evaluation plan (5 Points). The Secretary reviews each
application on the basis of the criterion in 369.31(d).
(e) Adequacy of resources (10 Points). The Secretary reviews each
application on the basis of the criterion in 369.31(e).
(f) Evidence of need (25 Points).
(1) The Secretary reviews each application for information that shows
that the need for the comprehensive rehabilitation center has been
adequately justified.
(2) The Secretary looks for information that shows that the need for
the comprehensive rehabilitation center has been established in terms of
services already available in the community and includes an assessment
of community information, referral and service delivery needs not being
adequately met.
(Authority: Secs. 12(c) and 305 of the Act; 29 U.S.C. 711(c) and
775)
34 CFR 372.32 Is there a priority for the use of existing facilities?
The Secretary gives priority in awarding grants for establishing or
operating comprehensive rehabilitation centers at facilities which are
already in operation.
(Authority: Secs. 12(c) and 305 of the Act; 29 U.S.C. 711(c) and
775).
34 CFR 372.32 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 372.40 What are the matching requirements?
(a) The Federal share of any grant awarded to a designated State unit
may not be more than 80 percent of the total costs of the project.
(b) No subgrant or contract awarded by a State unit to a general
purpose local government unit, a public or other nonprofit agency or
organization, or other agencies or organizations may pay more than 80
percent of the total cost of establishing or operating a comprehensive
rehabilitation center under this program.
(Authority: Secs. 12(c) and 305 of the Act; 29 U.S.C. 711(c) and
775)
34 CFR 372.41 What are allowable costs?
In addition to these allowable costs established in EDGAR
75.530-75.534, the following items are allowable costs under this
program --
(a) Salaries of additional professional and technical personnel
required to operate a comprehensive rehabilitation center;
(b) Acquisition of equipment necessary for operating a center;
(c) Expansion, remodeling or alteration of an existing building when
necessary to adapt it or increase its effectiveness for use as a
comprehensive rehabilitation center;
(d) Leasing of a facility to serve as a comprehensive rehabilitation
center; and
(e) Works of art in an amount not to exceed one percent of the total
cost of the project when the expansion, remodeling or alteration of an
existing building is involved.
(Authority: Secs. 12(c), 305, and 306 of the Act; 29 U.S.C.
711(c), 775, and 776)
34 CFR 372.42 How are services to be administered under this program?
(a) Services may be provided within the comprehensive rehabilitation
center directly by the agency or organization or the group of agencies
or organizations which is operating the center or they may be provided
by other agencies or organizations using either their own facilities or
the facilities of the center;
(b) The facilities of the center are expected to be made available
for recreational activities for persons with handicaps;
(c) To the maximum extent possible, the center must provide upon
request to other public and other nonprofit agencies, organizations,
facilities and other entities in the community information services and
technical assistance necessary to assist them in complying with the
requirements of this Act, with special reference to the requirements
under section 504 of the Act. Technical assistance includes both the
maintenance of rosters of special support personnel available within the
community such as interpreters for the deaf, readers for the blind,
attendants, legal aid and advocacy personnel, and the coordination of
referrals of these personnel;
(d) Any center established or operated under this program must be
located in close proximity to the majority of the persons with handicaps
in the community to be served; and
(e) Information and referral services provided by a center must be
fully coordinated with information and referral services provided by the
State unit under the State plan for vocational rehabilitation services
under 34 CFR part 361 or by any other public or other nonprofit agency
or organization in the community.
(Authority: Secs. 12(c) and 305 of the Act; 29 U.S.C. 711(c) and
775)
(46 FR 5425, Jan. 19, 1981, as amended at 53 FR 17144, May 13, 1988)
34 CFR 372.43 What special conditions apply under this program to
projects that involve construction?
New facilities are established through the expansion, remodeling, or
alteration of an existing building only after it has been fully
demonstrated that there are no existing facilities in the community with
the potential for developing and delivering adequate services under this
program. If the expansion, remodeling, or alteration of an existing
building is involved, each facility must comply with the requirements
specified under part 369, and with any other requirements of the
Department in effect concerning Federally assisted building design and
construction activities.
(Authority: Secs. 12(c), 305, and 306 of the Act; 29 U.S.C.
711(c), 775, and 776)
34 CFR 372.43 PART 373 -- SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING VOCATIONAL REHABILITATION SERVICES TO INDIVIDUALS WITH SEVERE HANDICAPS
34 CFR 372.43 Subpart A -- General
Sec.
373.1 What is the Program of Special Projects and Demonstrations for
Providing Vocational Rehabilitation Services to Individuals with Severe
Handicaps?
373.2 Who is eligible for assistance under this program?
373.3 What regulations apply to the program?
373.4 What definitions apply to this program?
34 CFR 372.43 Subpart B -- What Kinds of Activities Does the Department
of Education Assist Under This Program?
373.10 What types of projects are authorized under this program?
373.11 What specific activities must be supported under this program
to provide services to blind individuals?
373.12 What specific activities must be supported under this program
to provide services to deaf individuals?
373.14 (Reserved)
34 CFR 372.43 Subpart C -- (Reserved)
34 CFR 372.43 Subpart D -- How Does the Secretary Make a Grant?
373.30 What selection criteria does the Secretary use under this
program?
373.31 (Reserved)
34 CFR 372.43 Subpart E -- What conditions Must be Met by a Grantee?
373.40 What are the matching requirements?
373.41 What are allowable costs?
373.42 What special conditions apply under this program to projects
that involve construction?
Authority: 29 U.S.C. 711(c), 777a(a)(1) and 777a(a)(4), unless
otherwise noted.
Source: 46 FR 5427, Jan. 19, 1981, unless otherwise noted.
34 CFR 372.43 Subpart A -- General
34 CFR 373.1 What is the Program of Special Projects and Demonstrations
for Providing Vocational Rehabilitation Services to Individuals with
Severe Handicaps?
This program is designed to provide financial assistance to projects
for expanding or otherwise improving vocational rehabilitation services
and other rehabilitation services for individuals with severe handicaps.
(Authority: Sec. 311(a) of the Act; 29 U.S.C. 777(a))
(46 FR 5427, Jan. 19, 1981, as amended at 54 FR 12400, Mar. 22, 1989)
34 CFR 373.2 Who is eligible for assistance under this program?
Applications may be made by States and public and other nonprofit
agencies and organizations.
(Authority: Sec. 311(a) of the Act; 29 U.S.C. 777(a))
34 CFR 373.3 What regulations apply to the program?
The following regulations apply to this program --
(a) 34 CFR part 369;
(b) The regulations in this part 373.
(Authority: Sec. 311 of the Act; 29 U.S.C. 777(a))
34 CFR 373.4 What definitions apply to this program?
The definitions in 34 CFR part 369 apply to this program.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 373.4 Subpart B -- What Kinds of Activities Does the Department of Education Assist Under This Program?
34 CFR 373.10 What types of projects are authorized under this program?
(a) Authorized activities under this program include carrying out
special projects concerned with establishing programs and constructing
facilities for expanding or otherwise improving vocational
rehabilitation services and other rehabilitation services to individuals
with handicaps, especially those who are the most severely handicapped.
(b) Projects also may be conducted to meet the special needs of
isolated populations of individuals with handicaps, particularly among
American Indians residing on or outside of reservations.
(c) Individuals with handicaps served under this program include
blind individuals, deaf individuals, and other groups of individuals
with severe handicaps, irrespective of age or vocational potential,
identified each year by the Secretary and published in a notice in the
Federal Register.
(Authority: Sections 311(a)(1) and 311(a)(4) of the Act; 29 U.S.C.
777a(a)(1) and 777a(a)(4))
(50 FR 38630, Sept. 23, 1985, as amended at 54 FR 12400, Mar. 22,
1989)
34 CFR 373.11 What specific activities must be supported under this
program to provide services to blind individuals?
Projects in which services are provided to blind individuals must --
(a) Demonstrate innovative methods of providing intensive
rehabilitation services needed to rehabilitate blind individuals; or
(b) Provide mobility training services or comprehensive counseling
services not otherwise available in the locality in which individuals
served by the project reside; or
(c) Conduct coordinated rehabilitation service activities with other
public or nonprofit agencies serving blind individuals in the same area.
(Authority: Sec. 311(a) of the Act; 29 U.S.C. 777(a))
(46 FR 5427, Jan. 19, 1981. Redesignated at 50 FR 38630, Sept. 23,
1985)
34 CFR 373.12 What specific activities must be supported under this
program to provide services to deaf individuals?
Projects in which services are provided to deaf individuals must --
(a) Demonstrate innovative methods of providing the specialized
services needed to rehabilitate and make maximum use of the vocational
potential of deaf individuals; or
(b) Conduct coordinated activities with other public and nonprofit
agencies administering programs for deaf persons in the same area in
order to expand or improve rehabilitation services for deaf individuals.
(Authority: Sec. 311(a) of the Act; 29 U.S.C. 777a)
(46 FR 5427, Jan. 19, 1981. Redesignated at 50 FR 38630, Sept. 23,
1985)
373.14 (Reserved)
34 CFR 373.12 Subpart C -- (Reserved)
34 CFR 373.12 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 373.30 What selection criteria does the Secretary use under this
program?
The Secretary uses the criteria in this section to evaluate
applications for all projects under this part. The maximum score for
all of the criteria is 100 points.
(a) Plan of operation (20 points). The Secretary reviews each
application in accordance with the criterion in 369.31(a).
(b) Quality of key personnel (10 points). The Secretary reviews each
application in accordance with the criterion in 369.31(b).
(c) Budget and cost effectiveness (10 points). The Secretary reviews
each application in accordance with the criterion in 369.31(c).
(d) Evaluation plan (5 points). The Secretary reviews each
application in accordance with the criterion in 369.31(d).
(e) Adequacy of resources (10 points). The Secretary reviews each
application in accordance with the criterion in 369.31(e).
(f) Service comprehensiveness (20 points).
(1) The Secretary reviews each application for information that shows
that the services to be provided within the project are comprehensive in
scope.
(2) The Secretary looks for information that shows that --
(i) A broad range of vocational rehabilitation services and other
rehabilitation services will be available to individuals with severe
handicaps within the project;
(ii) Services will be coordinated with those services provided by
other appropriate community resources;
(g) Relevance to State-Federal rehabilitation service program (10
points).
(1) The Secretary reviews each application for information that shows
that the proposed project appropriately relates to the mission of the
State-Federal rehabilitation service program.
(2) The Secretary looks for information that shows that --
(i) The project will be designed primarily for individuals with
severe handicaps being provided vocational rehabilitation services by
State vocational rehabilitation units;
(ii) The State vocational rehabilitation unit will be actively
involved in the carrying out of project activities and project linkages
will be adequate to ensure appropriate outreach and client referral;
(iii) Job development, placement, and achieving an optimal vocational
adjustment will be primary project emphases;
(iv) All similar benefits for which project clients might be eligible
will be utilized.
(h) Innovativeness of approach (5 points).
(1) The Secretary reviews each application for information that shows
the extent to which the project approach is innovative.
(2) The Secretary looks for information that shows that the approach
to be used in providing vocational rehabilitation services and other
rehabilitation services will be innovative and appropriate to the groups
of individuals with severe handicaps being served.
(i) Utilization of project findings (5 points).
(1) The Secretary reviews each application for information that shows
the extent to which project findings might be utilized within the State
rehabilitation service system.
(2) The Secretary looks for information that shows --
(i) The potential for project findings to be effectively utilized
within the State vocational rehabilitation service system; and
(ii) The likelihood of the project activities being successfully
replicated in other locations;
(j) Likelihood of sustaining program (5 points).
(1) The Secretary reviews each application for information that shows
the likelihood of the service program being sustained after the
termination of Federal grant support.
(2) The Secretary looks for information that shows that the applicant
agency intends to continue to operate the service program after the
termination of the project.
(Authority: Secs. 12(c) and 311 of the Act; 29 U.S.C. 711(c) and
777(a))
(50 FR 25407, June 18, 1985, as amended at 54 FR 12400, Mar. 22,
1989)
373.31 (Reserved)
34 CFR 373.30 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 373.40 What are the matching requirements?
Grants may be made for paying all or part of the costs of activities
covered under this program. Where part of the costs is to be borne by
the grantee, the amount of grantee participation is determined at the
time of the grant award and is generally not less than 10 percent of the
total cost of the project.
(Authority: Secs. 12(c) and 311 of the Act; 29 U.S.C. 711(c) and
777(a))
34 CFR 373.41 What are allowable costs?
In addition to those allowable costs established in EDGAR
75.530-75.534, the costs of the construction of a rehabilitation
facility are also allowed under this program.
(Authority: Secs. 12(c) and 311 of the Act; 29 U.S.C. 711(c) and
777(a))
34 CFR 373.42 What special conditions apply under this program to
projects that involve construction?
(a) Any construction of a rehabilitation facility undertaken under
this program is subject to the requirements affecting construction under
34 CFR part 369 and to any other requirements of the Department in
effect concerning Federally assisted building design and construction
activities.
(b) The acquisition, expansion, remodeling, alteration or renovation
of an existing building in connection with a special project or
demonstration may not be undertaken unless it has been demonstrated to
be essential to expanding or otherwise improving rehabilitation services
to individuals with handicaps within the related special project or
demonstration.
(Authority: Secs. 12(c) and 311 of the Act; 29 U.S.C. 711(c) and
777(a))
(46 FR 5427, Jan. 19, 1981, as amended at 54 FR 12400, Mar. 22, 1989)
34 CFR 373.42 PART 374 -- SPECIAL PROJECTS AND DEMONSTRATIONS FOR MAKING RECREATIONAL ACTIVITIES ACCESSIBLE TO INDIVIDUALS WITH HANDICAPS
34 CFR 373.42 Subpart A -- General
Sec.
374.1 What is the program of special projects and demonstrations for
making recreational activities accessible to handicapped individuals?
374.2 Who is eligible for assistance under this program?
374.3 What regulations apply to this program?
374.4 What definitions apply to this program?
34 CFR 373.42 Subpart B -- What Kinds of Activities Does the Department
of Education Assist Under This Program?
374.10 What types of projects are authorized under this program?
34 CFR 373.42 Subpart C -- (Reserved)
34 CFR 373.42 Subpart D -- How Does the Secretary Make a Grant?
374.30 What selection criteria does the Secretary use under this
program?
34 CFR 373.42 Subpart E -- What Conditions Must Be Met by a Grantee?
374.40 What are the matching requirements?
374.41 What are allowable costs?
374.42 What are the special requirements affecting the scheduling of
recreational activities within a project?
374.43 What are the special requirements affecting the renovation or
construction of facilities?
Authority: 29 U.S.C. 711(c) and 777a(a)(3), unless otherwise noted.
Source: 46 FR 5429, Jan. 19, 1981, unless otherwise noted.
34 CFR 373.42 Subpart A -- General
34 CFR 374.1 What is the program of special projects and demonstrations
for making recreational activities accessible to individuals with
handicaps?
This program is designed to operate programs and, where appropriate,
to renovate and construct facilities to demonstrate methods of making
recreational activities fully accessible to individuals with handicaps.
(Authority: Sec. 311(a)(3) of the Act; 29 U.S.C. 777a(a)(3))
(46 FR 5429, Jan. 19, 1981, as amended at 53 FR 17145, May 13, 1988)
34 CFR 374.2 Who is eligible for assistance under this program?
State and public and other nonprofit agencies and organizations are
eligible for assistance under this program.
(Authority: Sec. 311(a) of the Act; 29 U.S.C. 777a(a)(3))
34 CFR 374.3 What regulations apply to this program?
The following regulations apply to this program --
(a) 34 CFR part 369;
(b) The regulations in this part 734.
(Authority: Sec. 311(a) of the Act; 29 U.S.C. 777a(a)(31))
34 CFR 374.4 What definitions apply to this program?
The definitions in 34 CFR part 369 apply to this program.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 771(c))
34 CFR 374.4 Subpart B -- What Kinds of Activities Does the Department of Education Assist Under This Program?
34 CFR 374.10 What types of projects are authorized under this program?
(a) This program provides financial assistance for the support of the
special projects and demonstrations, and related research and evaluation
concerned with operating programs to demonstrate methods of making
recreation activities fully accessible to individuals with handicaps,
including the renovation and construction of facilities where
appropriate.
(b) Activities carried out under this program must focus on as broad
a range of recreational activities as is appropriate to the geographical
area, including indoor and outdoor recreational activities;
competitive, active, and quiet recreational activities; social
activities; and recreational activities related to the fine arts.
These activities may include but are not limited to, arts, camping,
dance, drama, fitness, 4-H, scouting, sports, swimming, travel and other
related recreational activities.
(c) Projects must demonstrate innovative ways in which recreational
services and activities can be made fully accessible to individuals with
handicaps, with special emphasis on those who have the most severe
handicaps.
(Authority: Sec. 311(a)(3) of the Act; 29 U.S.C. 777a(a)(3))
(46 FR 5429, Jan. 19, 1981, as amended at 53 FR 17145, May 13, 1988)
34 CFR 374.10 Subpart C -- (Reserved)
34 CFR 374.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 374.30 What selection criteria does the Secretary use under this
program?
(a) Plan of operation (30 points). The Secretary reviews each
application on the basis of the criterion in 369.31(a).
(b) Quality of key personnel (10 points). The Secretary reviews each
application on the basis of the criterion in 369.31(b).
(c) Budget and cost effectiveness (15 points). The Secretary reviews
each application on the basis of the criterion in 369.31(c).
(d) Evaluation plan (5 points). The Secretary reviews each
application on the basis of the criterion in 369.31(d).
(e) Adequacy of resources (10 points). The Secretary reviews each
application on the basis of the criterion in 369.31(e).
(f) Relevance to State-Federal rehabilitation service program (10
points). The Secretary reviews each application for information that
shows --
(1) The project will be designed primarily for individuals with
handicaps being provided vocational rehabilitation services by State
vocational rehabilitation units; and
(2) Recreational services provided under this program will be
provided in a manner consistent with the provision of similar services
under the State vocational rehabilitation service program under title I
of the Act.
(g) Impact of the project (20 points).
(1) The Secretary reviews each application for information that shows
the expected impact of the project on improving the quality of life of
the individuals with handicaps to be served.
(2) The Secretary looks for information that shows --
(i) The numbers of individuals with handicaps expected to be served;
(ii) The types of individuals with handicaps expected to be served;
(iii) The types of recreation activities expected to be available;
(iv) The extent to which the full range of resources at the facility
will be accessible and can be expected to be utilized by individuals
with handicaps in the service area; and
(v) The extent to which there is evidence of support for the project
from community agencies with an interest in recreational activities for
individuals with handicaps.
(Authority: Secs. 12(c) and 311(a)(3) of the Act; 29 U.S.C. 711(c)
and 777a(a)(3))
(46 FR 5429, Jan. 19, 1981, as amended at 53 FR 17145, May 13, 1988)
34 CFR 374.30 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 374.40 What are the matching requirements?
Grants may be made for paying all or part of the costs of activities
covered under this program. Where part of the costs is to be borne by
the grantee, the amount of grantee participation is determined at the
time of the grant award and is generally not less than 10 percent of the
total cost of the project.
(Authority: Secs. 12(c) and 311(a)(3) of the Act; 29 U.S.C. 711(c)
and 777a(a)(3))
34 CFR 374.41 What are allowable costs?
In addition to those allowable costs estabilished in EDGAR
75.530-75.534, the following costs are also allowable in the case of any
project which involves the renovation or construction of a facility:
(a) Acquisition of land in connection with construction of a
rehabilitation facility;
(b) Acquisition of existing buildings;
(c) Remodeling, alteration, renovation, or expansion of existing
buildings;
(d) Construction of new buildings;
(e) Architect's services;
(f) Site survey and soil investigation;
(g) Fixed or movable equipment;
(h) Works of art in an amount not to exceed one percent of the total
cost of the project; and
(i) Other activities specifically provided for in the application.
(Authority: Secs. 12(c) and 311(a)(3) of the Act; 29 U.S.C. 711(c)
and 777a(a)(3))
34 CFR 374.42 What are the special requirements affecting the
scheduling of recreational activities within a project?
The scheduling of recreational activities must be arranged so as not
to interfere with attendance at work or school by an individual with
handicaps.
(Authority: Secs. 12(c) and 311(a)(3) of the Act; 29 U.S.C. 711(c)
and 777a(a)(3))
(53 FR 17145, May 13, 1988)
34 CFR 374.43 What are the special requirements affecting the
renovation or construction of facilities?
(a) To the greatest extent possible, existing facilities for the
provision of recreational activities are expected to be utilized so that
the need for the renovation or construction of facilities can be
avoided.
(b) When renovation or construction of a facility is demonstrated to
be necessary under this program, it must conform with the requirements
specified under part 369 and with any other requirements of the
Department in effect concerning Federally assisted building design and
construction activities.
(Authority: Secs. 12(c) and 311(a) of the Act; 29 U.S.C. 711(c) and
777a(a)(3))
34 CFR 374.43 PART 375 -- VOCATIONAL REHABILITATION SERVICE PROJECTS PROGRAM FOR MIGRATORY AGRICULTURAL AND SEASONAL FARMWORKERS WITH HANDICAPS
34 CFR 374.43 Subpart A -- General
Sec.
375.1 What is the Vocational Rehabilitation Service Projects Program
for migratory agricultural and seasonal farmworkers with handicaps?
375.2 Who is eligible for assistance under this program?
375.3 What regulations apply to this program?
375.4 What definitions apply to this program?
34 CFR 374.43 Subpart B -- What Kinds of Activities Does the Department
of Education Assist Under This Program?
375.10 What activities are eligible for assistance?
34 CFR 374.43 Subpart C -- (Reserved)
34 CFR 374.43 Subpart D -- How Does the Secretary Make A Grant?
375.30 What selection criteria does the Secretary use under this
program?
375.40 What are the matching requirements?
375.41 What are allowable costs?
375.42 What are the special requirements affecting coordination with
related programs?
Authority: 29 U.S.C. 711(c) and 777b, unless otherwise noted.
Source: 46 FR 5430, Jan. 19, 1981, unless otherwise noted.
34 CFR 374.43 Subpart A -- General
34 CFR 375.1 What is the Vocational Rehabilitation Service Projects
Program for migratory agricultural and seasonal farmworkers with
handicaps?
This program is designed to provide financial assistance to projects
for providing vocational rehabilitation services to migratory
agricultural workers or seasonal farmworkers with handicaps.
(Authority: Sec. 321 of Act; 29 U.S.C. 777b)
(53 FR 17145, May 13, 1988)
34 CFR 375.2 Who is eligible for assistance under this program?
(a) Applications may be made by State vocational rehabilitation
agencies or local agencies administering a vocational rehabilitation
program under written agreements with State agencies.
(b) A State agency may, if it chooses, enter into an agreement with
the State vocational rehabilitation agencies of one or more other States
to develop a cooperative program for the provision of vocational
rehabilitation services under this program.
(Authority: Secs. 12(c) and 312 of the Act; 29 U.S.C. 711(c) and
777b)
34 CFR 375.3 What regulations apply to this program?
The following regulations apply to this program --
(a) 34 part 369;
(b) The regulations in this part 375.
(Authority: Sec. 312 of the Act; 29 U.S.C. 777b)
34 CFR 375.4 What definitions apply to this program?
(a) The definitions in 34 CFR part 369 apply to this program.
(b) The following definitions also apply to this program --
(1) Family members or members of the family means any relative by
blood or marriage of a migratory agricultural worker or seasonal
farmworker with handicaps and other individuals living in the same
household with whom the migratory agricultural worker or the seasonal
farmworker with handicaps has a close interpersonal relationship, and
who are with the worker, or have accompanied the worker on his migratory
tour to the point in time at which the State agency comes into contact
with him.
(Authority: Secs. 12(c) and 312 of the Act; 29 U.S.C. 711(c) and
777b)
(2) Migratory agricultural worker means a person who occasionally or
habitually leaves his place of residence on a seasonal or other
temporary basis to engage in ordinary agricultural operations or in
services incident to the preparation of farm commodities for the market
in another locality in which he resides during the period of such
employment.
(Authority: Secs. 12(c) and 312 of the Act; 29 U.S.C. 711(c) and
777b)
(3) Seasonal farmworker means a person who on a seasonal or other
temporary basis engages in ordinary agricultural operations or in
services incident to the preparation of farm commodities for the market
within daily commuting distance from his place of normal residence.
(Authority: Secs. 12(c) and 312 of the Act; 29 U.S.C. 711(c) and
777b)
(46 FR 5430, Jan. 19, 1981, as amended at 53 FR 17145, May 13, 1988)
34 CFR 375.4 Subpart B -- What Kinds of Activities Does the Department of Education Assist Under This Program?
34 CFR 375.10 What activities are eligible for assistance?
Project activities include the development and implementation of
special arrangements for providing vocational rehabilitation services to
individuals with handicaps who are migratory agricultural workers or
seasonal farmworkers and to members of their families (whether or not
handicapped) who are with them, if these services are necessary to the
vocational rehabilitation of the migratory agricultural worker or
seasonal farmworker with handicaps.
(Authority: Sec. 312 of the Act; 29 U.S.C. 777b)
(46 FR 5430, Jan. 19, 1981, as amended at 53 FR 17145, May 13, 1988)
34 CFR 375.10 Subpart C -- (Reserved)
34 CFR 375.10 Subpart D -- How Does the Secretary Make A Grant?
34 CFR 375.30 What selection criteria does the Secretary use under this
program?
(a) Plan of operation (35 points). The Secretary reviews each
application on the basis of the criterion in 369.31(a).
(b) Quality of key personnel (15 points). The Secretary reviews each
application on the basis of the criterion in 369.31(b).
(c) Budget and cost effectiveness (15 points). The Secretary reviews
each application on the basis of the criterion in 369.31(c).
(d) Evaluation plan (5 points). The Secretary reviews each
application on the basis of the criterion in 369.31(d).
(e) Adequacy of resources (10 points). The Secretary reviews each
application on the basis of the criterion in 369.31(e).
(f) Liaison with the State vocational rehabilitation service program
(15 points).
(1) The Secretary reviews each application for information that shows
the adequacy of the liaison with the State vocational rehabilitation
service program.
(2) The Secretary looks for information that shows project linkages
with the State vocational rehabilitation agency and community agencies
adequate to ensure client referrals, outreach and utilization of project
results.
(g) Likelihood of sustaining program (5 points).
(1) The Secretary reviews each application for information that shows
the likelihood of the service program being sustained after the
termination of Federal grant support.
(2) The Secretary looks for information that shows that the State or
local agency intends to continue to operate the service program after
the termination of the project.
(Authority: Secs. 12(c) and 312 of the Act; 29 U.S.C. 711(c) and
777(b))
34 CFR 375.40 What are the matching requirements?
The Federal share may not be more than 90 percent of the total cost
of a project under this program.
(Authority: Secs. 12(c) and 312 of the Act; 29 U.S.C. 711(c) and
777(b))
34 CFR 375.41 What are allowable costs?
In addition to those allowable costs established in EDGAR
75.530-75.534, the following items are allowable under this program --
(a) Staff training necessary to improve the capacity of the State or
local agency to serve migratory agricultural workers or seasonal
farmworkers with handicaps and members of their families if the training
is included within a program of services; and
(b) Maintenance payments which must be provided at rates consistent
with rates paid to individuals with handicaps under the State plan for
vocational rehabilitation services under 34 CFR part 361.
(Authority: Secs. 12(c) and 312 of the Act; 29 U.S.C. 711(c) and
777(b))
(46 FR 5430, Jan. 19, 1981, as amended at 53 FR 17145, May 13, 1988)
34 CFR 375.42 What are the special requirements affecting coordination
with related programs?
Each project must be administered in close cooperation with other
public and nonprofit agencies and organizations having special skills
and experience in the provision of services to migratory agricultural
workers, seasonal farmworkers, or their families, including programs
authorized under title I of the Elementary and Secondary Education Act
of 1964, the Migrant Health Act and the Farm Labor Contractor
Registration Act of 1963.
(Authority: Secs. 12(c) and 312 of the Act; 29 U.S.C. 711(c) and
777(b))
34 CFR 375.42 PART 376 -- SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING TRANSITIONAL REHABILITATION SERVICES TO HANDICAPPED YOUTH
34 CFR 375.42 Subpart A -- General
Sec.
376.1 What is the Program of Special Projects and Demonstrations for
Providing Transitional Rehabilitation Services to Handicapped Youth?
376.2 Who is eligible for assistance under this program?
376.3 What regulations apply to this program?
376.4 What definitions apply to this program?
34 CFR 375.42 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
376.10 What types of projects are authorized under this program?
34 CFR 375.42 Subpart C -- (Reserved)
34 CFR 375.42 Subpart D -- How Does the Secretary Make a Grant?
376.30 What priorities are considered for support by the Secretary
under this part?
376.31 What selection criteria does the Secretary use under this
program?
34 CFR 375.42 Subpart E -- What Conditions Must Be Met by a Grantee?
376.40 What are the matching requirements?
376.41 What are the requirements for cooperation between grantees and
other agencies and organizations?
Authority: 29 U.S.C. 777a(c), unless otherwise noted.
Source: 51 FR 3895, Jan. 30, 1986, unless otherwise noted.
34 CFR 375.42 Subpart A -- General
34 CFR 376.1 What is the Program of Special Projects and Demonstrations
for Providing Transitional Rehabilitation Services to Handicapped Youth?
This program is designed to provide job training for handicapped
youths to prepare them for entry into the labor force, including
competitive or supported employment.
(Authority: Sec. 311(c); 29 U.S.C. 777a(c))
(51 FR 3895, Jan. 30, 1986, as amended at 57 FR 28441, June 24, 1992)
Effective Date Note: At 57 FR 28441, June 24, 1992, 376.1 was
amended by removing the word ''support'' and adding, in its place, the
word ''supported'', effective either 45 days after publication in the
Federal Register or later if Congress takes certain adjournments.
34 CFR 376.2 Who is eligible for assistance under this program?
State and other public and nonprofit agencies and organizations are
eligible for assistance under this program.
(Authority: Sec. 311(c); 29 U.S.C. 777a(a))
34 CFR 376.3 What regulations apply to this program?
The following regulations apply to this program:
(a) The regulations in 34 CFR part 369.
(b) The regulations in this part 376.
(c) The regulations in 34 CFR 380.20.
(Authority: Secs. 12(c) and 311(c); 29 U.S.C. 711(c) and 777a(c))
(51 FR 3895, Jan. 30, 1986, as amended at 57 FR 28441, June 24, 1992)
Effective Date Note: At 57 FR 28441, June 24, 1992, 376.3 was
amended by adding paragraph (c), effective either 45 days after
publication in the Federal Register or later if Congress takes certain
adjournments.
34 CFR 376.4 What definitions apply to this program?
(a) The definitions in 34 CFR part 369.
(b) The definition of ''Supported employment'' in 34 CFR part 363.
(c) The definitions of ''Competitive work'', ''Integrated work
setting'', ''On-going support services'', ''Transitional employment'',
and ''Time-limited services'' in 34 CFR part 380.
(d) The following definitions also apply to this program:
(1) Extended services means on-going support services provided by a
State agency, a private non-profit organization or any other appropriate
resource, from funds other than funds under this part, part 361, part
363, or part 380, after an individual with severe handicaps has made the
transition from project support.
(2) Handicapped youth means any handicapped child who is between the
ages of 12 and 26.
(3) Transitional rehabilitation services means any vocational
rehabilitation services available under the State plan for vocational
rehabilitation services under 34 CFR part 361 or the State plan for
independent living services under 34 CFR part 365 and may also include
--
(i) Jobs search assistance;
(ii) On-the-job training;
(iii) Job development, including work-site modification and use of
advanced learning technology for skills training; and
(iv) Follow-up services for individuals placed in employment.
(Authority: Secs. 12(c) and 311(c), 29 U.S.C. 711a(c) and 777(c))
(57 FR 28441, June 24, 1992)
Effective Date Note: At 57 FR 28441, June 24, 1992, 376.4 was
revised, effective either 45 days after publication in the Federal
Register or later if Congress takes certain adjournments. The text
remaining in effect until further notice appears below.
376.4 What definitions apply to this program?
(a) The definitions in 34 CFR part 369 apply to this program.
(b) The following definitions also apply to this program:
(1) Handicapped youth means any handicapped child who is between the
ages of twelve and 26.
(2) Supported employment means paid work in a variety of settings,
particularly regular work sites, especially designed for handicapped
persons --
(i) For whom competitive employment at or above the minimum wage is
not immediately obtainable; and
(ii) Who, because of their disability, need intensive ongoing support
to perform in a work setting.
(3) Transitional rehabilitation services means any vocational
rehabilitation services available under the State plan for vocational
rehabilitation services under 34 CFR part 361 or the State plan for
independent living services under 34 CFR part 365 and may also include
--
(i) Jobs search assistance;
(ii) On-the-job training;
(iii) Job development, including worksite modification and use of
advanced learning technology for skills training; and
(iv) Follow-up services for individuals placed in employment.
(Authority: Secs. 12(c) and 311(c), 29 U.S.C. 711a(c) and 777(c))
34 CFR 376.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 376.10 What types of projects are authorized under this program?
(a) This program supports special projects and demonstrations,
including research and evaluation, for the following purposes:
(1) To demonstrate effective ways in which to provide job training,
placement, and other transitional rehabilitation services to handicapped
youth to prepare them for entry in the labor force, including
competitive or supported employment.
(2) To demonstrate service programs for handicapped youth reflecting
cooperative efforts between local educational agencies, business and
industry, vocational rehabilitation agencies, facilities, parent groups,
public or other nonprofit developmental disabilities agencies,
organizations representing labor, and organizations responsible for
promoting or assisting in local economic development.
(3) To develop and implement new patterns or practices of
transitional rehabilitation service delivery and to conduct the
field-testing and evaluation of these patterns or practices to determine
the efficacy of their being replicated in other settings.
(b) Research and evaluation activities carried out under this program
must be specifically related to a transitional rehabilitation service
model under which direct services are provided.
(c) Projects funded under this part must serve handicapped youths.
(d) A project funded under this part may include dissemination of
information on project activities to business and industry.
(Authority: Secs. 12(c) and 311(c), 29 U.S.C. 711a(c) and 777(c))
34 CFR 376.10 Subpart C -- (Reserved)
34 CFR 376.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 376.30 What priorities are considered for support by the
Secretary under this part?
The Secretary may select annually in a Notice published in the
Federal Register, one or more of the following priority areas for
funding under this program:
(a) Community-based transitional rehabilitation service delivery.
This priority supports projects that demonstrate exemplary models for
developing and establishing community-based transitional rehabilitation
service programs that result directly in competitive or supported
employment for handicapped youth within the labor force.
(b) Statewide transitional rehabilitation service delivery. This
priority supports projects that demonstrate effective Statewide
approaches to transitional rehabilitation service delivery for
handicapped youth and demonstrate cooperative efforts between State
agencies responsible for service to handicapped youth, including but not
limited to, special education, vocational rehabilitation, and day
services for adults with developmental disabilities.
(c) Transitional rehabilitation services for handicapped youth with
special needs. This priority supports projects that demonstrate
transitional rehabilitation service programs focused on meeting the
special job training and placement needs of one or more groups of
individuals with physical or mental disabilities which present unusual
and difficult rehabilitation problems including, but not limited to,
blindness, cerebral palsy, deafness, epilepsy, mental illness, mental
retardation, and learning disability.
(d) Transitional rehabilitation services for institutionalized
persons. This priority supports projects that demonstrate effective
ways to assist youths and young adults who are institutionalized,
including those residing in skilled nursing or intermediate care
facilities, to return to community living and competitive or supported
employment.
(e) Transitional rehabilitation services for unemployed handicapped
youth. This priority supports projects that demonstrate ways to train
and place in competitive or supported employment handicapped youth who
were unable to participate in special education programs or who recently
graduated from those programs but have been unable to secure and
maintain employment.
(f) Home-based transitional rehabilitation services. This priority
supports projects that demonstrate ways in which handicapped youth,
including those residing in rural areas, who because of the severity of
their disabilities are precluded from employment in the community, could
be gainfully employed in home settings.
(Authority: Sec. 311(c); 29 U.S.C. 777(a), (c))
34 CFR 376.31 What selection criteria does the Secretary use under this
program?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Plan of operation (20 points). The Secretary reviews each
application in accordance with the criterion in 369.31(a).
(b) Quality of key personnel (10 points). The Secretary reviews each
application in accordance with the criterion in 369.31(b).
(c) Budget and cost effectiveness (5 points). The Secretary reviews
each application in accordance with the criterion in 369.31(c).
(d) Evaluation plan (5 points). The Secretary reviews each
application in accordance with the criterion in 369.31(d).
(e) Adequacy of resources (5 points). The Secretary reviews each
application in accordance with the criterion in 369.31(e).
(f) Impact (20 points).
(1) The Secretary reviews each application to determine the probable
impact of the proposed project on rehabilitation programs for
handicapped youth.
(2) The Secretary considers --
(i) The contribution that the project findings will make to current
rehabilitation practice; and
(ii) The extent to which findings and products can be used for the
benefit of other groups of handicapped youth.
(g) Innovativeness (20 points).
(1) The Secretary reviews each application to determine the
innovativeness of the proposed project.
(2) The Secretary considers --
(i) The approach to be used in the proposed project in providing
transitional rehabilitation services is innovative and appropriate to
the special needs of the groups of handicapped youth being served; and
(ii) The approach can be replicated in other service settings.
(h) Likelihood of sustaining the program (15 points).
(1) The Secretary reviews each application to determine the
likelihood of the service program being sustained after the termination
of Federal grant support.
(2) The Secretary considers the extent to which --
(i) The applicant agency intends to continue to operate the service
program after the termination of the project;
(ii) There is a sufficient base of service programs and work
opportunities to ensure a lasting change in the way transitional
rehabilitation services are provided to handicapped youths in the
project area; and
(iii) Agencies in the project area with responsibilities which relate
to the purpose of the project are actively collaborating in service
delivery and project management.
(Authority: Sec. 311(c); 29 U.S.C. 777a(c))
34 CFR 376.31 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 376.40 What are the matching requirements?
The Secretary may pay all or part of the costs of activities funded
under this program. Where part of the costs is to be borne by a
grantee, the amount of grantee participation is determined at the time
of the grant award and is generally not less than 10 percent of the
total cost of the project.
(Authority: Secs. 12(c) and 311(c); 29 U.S.C. 711(c) and 777a(c))
34 CFR 376.41 What are the requirements for cooperation between
grantees and other agencies and organizations?
Each project must be designed to demonstrate a cooperative effort
between local educational agencies, business and industry, vocational
rehabilitation programs, organizations representing labor, and
organizations responsible for promoting or assisting in local economic
development.
(Authority: Sec. 311(c); 29 U.S.C. 777a(c))
34 CFR 376.41 PART 378 -- PROJECTS FOR INITIATING SPECIAL RECREATIONAL PROGRAMS FOR INDIVIDUALS WITH HANDICAPS
34 CFR 376.41 Subpart A -- General
Sec.
378.1 What is the program of projects for initiating special
recreation programs for individuals with handicaps?
378.2 Who is eligible for assistance under this program?
378.3 What regulations apply to this program?
378.4 What definitions apply to this program?
34 CFR 376.41 Subpart B -- What Kinds of Activities Does the Department
of Education Assist Under This Program?
378.10 What types of projects are authorized under this program?
34 CFR 376.41 Subpart C -- (Reserved)
34 CFR 376.41 Subpart D -- How Does the Secretary Make a Grant?
378.30 (Reserved)
378.31 What selection criteria does the Secretary use under this
program?
34 CFR 376.41 Subpart E -- What Conditions Must Be Met by a Grantee?
378.40 What are the matching requirements?
378.41 (Reserved)
378.42 What are the special requirements affecting the scheduling of
recreational activities within a project?
378.43 What are the special requirements affecting coordination with
related programs?
Authority: 29 U.S.C. 711(c) and 777(f)), unless otherwise noted.
Source: 46 FR 5431, Jan. 19, 1981, unless otherwise noted.
34 CFR 376.41 Subpart A -- General
34 CFR 378.1 What is the program of projects for initiating special
recreational programs for individuals with handicaps?
This program is designed to initiate special programs to provide
individuals with handicaps with recreational activities and related
experiences that can be expected to aid in their mobility,
socialization, independence, and community integration.
(Authority: Sec. 316 of the Act; 29 U.S.C. 711(c) and 777(f))
(53 FR 17145, May 13, 1988)
34 CFR 378.2 Who is eligible for assistance under this program?
Applications may be made by State and other public agencies and
private nonprofit agencies and organizations.
(Authority: Secs. 12(e) and 316 of the Act; 29 U.S.C. 711(c) and
777(f))
(53 FR 17145, May 13, 1988)
34 CFR 378.3 What regulations apply to this program?
The following regulations apply to this program --
(a) 34 CFR part 369.
(b) The regulations in this part 378.
(Authority: Sec. 316 of the Act; 29 U.S.C. 777(f))
34 CFR 378.4 What definitions apply to this program?
The definitions in 34 CFR part 369 apply to this program.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 777(c))
34 CFR 378.4 Subpart B -- What Kinds of Activities Does the Department of Education Assist Under This Program?
34 CFR 378.10 What types of projects are authorized under this program?
(a) This program supports projects that initiate programs of
recreational services and related experiences for individuals with
handicaps.
(b) Activities carried out under this program must include as broad a
range of recreational activities as is appropriate to the geographical
area, including indoor and outdoor recreational activities;
competitive, active, and quiet recreational activities; social
activities; and recreational activities related to the fine arts.
These activities may include, but are not limited to, arts, music,
handicrafts, homemaking, camping, dance, drama, 4-H activities, fitness,
scouting, physical education and sports, swimming, travel, leisure
education, leisure networking, leisure resource development, and related
recreational activities designed --
(1) To promote personal satisfaction;
(2) To provide equal recreational opportunity;
(3) To provide normalization experiences;
(4) To foster social interaction and physical and mental health;
(5) To provide individualized rehabilitation and therapeutic
activities to alleviate the effects of disabilities; and
(6) To promote the independence and community integration of
individuals with handicaps.
(Authority: Sec. 316 of the Act; 29 U.S.C. 777(f))
(46 FR 5431, Jan. 19, 1981, as amended at 53 FR 17145, May 13, 1988)
34 CFR 378.10 Subpart C -- (Reserved)
34 CFR 378.10 Subpart D -- How Does the Secretary Make a Grant?
378.30 (Reserved)
34 CFR 378.31 What selection criteria does the Secretary use under this
program?
(a) Plan of operation (30 points). The Secretary reviews each
application on the basis of the criterion in 369.31(a).
(b) Quality of key personnel (10 points). The Secretary reviews each
application on the basis of the criterion in 369.31(b).
(c) Budget and cost effectiveness (10 points). The Secretary reviews
each application on the basis of the criterion in 369.31(c).
(d) Evaluation plan (5 points). The Secretary reviews each
application on the basis of the criterion in 369.31(d).
(e) Adequacy of resources (10 points). The Secretary reviews each
application on the basis of the criterion in 369.31(e).
(f) Relevance to State-Federal rehabilitation services program (10
points).
(1) The Secretary reviews each application for information that shows
that the proposed project appropriately relates to the mission of the
State-Federal rehabilitation services program.
(2) The Secretary looks for information that shows --
(i) The project will be designed primarily for individuals with
handicaps being provided vocational rehabilitation services by State
vocational rehabilitation units; and
(ii) Recreational services provided under this program will be
provided in a manner consistent with the provision of similar services
under the State vocational rehabilitation services program under title I
of the Act.
(g) Impact of the project (20 points).
(1) The Secretary reviews each application for information that shows
the expected impact of the project on improving the quality of life of
the individuals with handicaps to be served.
(2) The Secretary looks for information that shows --
(i) The number of individuals with handicaps expected to be served;
(ii) The types of individuals with handicaps expected to be served;
(iii) The types of recreational activities expected to be available;
and
(iv) The extent to which the full range of resources can be expected
to be utilized by the individuals with handicaps in the service area.
(h) Likelihood of sustaining the service program (5 points).
(1) The Secretary reviews each application for information that shows
the likelihood of the service program being sustained after the
termination of Federal grant support.
(2) The Secretary looks for information that shows that the applicant
intends to continue to operate the recreational activities after the
termination of the project.
(Authority: Secs. 12(c) and 316 of the Act; 29 U.S.C. 711(c) and
777f)
(46 FR 5431, Jan. 19, 1981, as amended at 53 FR 17145, May 13, 1988)
34 CFR 378.31 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 378.40 What are the matching requirements?
Grants may be made for paying all or part of the costs of activities
covered under this program. Where part of the costs is to be borne by
the grantee, the amount of grantee participation is determined at the
time of the grant award and is generally not less than 10 percent of the
total project costs.
(Authority: Secs. 12(c) and 316 of the Act; 29 U.S.C. 711(c))
378.41 (Reserved)
34 CFR 378.42 What are the special requirements affecting the
scheduling of recreational activities within a project?
The schedule of recreational activities must be arranged so as not to
interfere with the attendance of an individual with handicaps at work or
school.
(Authority: Sec. 316 of the Act; 29 U.S.C. 777(f))
(53 FR 17145, May 13, 1988)
34 CFR 378.43 What are the special requirements affecting coordination
with related programs?
To the greatest extent possible, existing facilities and resources
must be used to provide the recreational activities. The grantee must
also utilize existing community recreation programs or service resources
available under any related programs in the geographical area which are
supported or authorized under the Developmental Disabilities Assistance
and Bill of Rights Act, The Education for All Handicapped Children Act,
the National Endowment of the Arts and Humanities Act of 1965, title XX
of the Social Security Act, the Community Education Act, and the
Historic Preservation Fund and Land and Water Conservation Fund.
(Authority: Secs. 12(c) and 316 of the Act; 29 U.S.C. 711(c) and
777f)
34 CFR 378.43 PART 379 -- PROJECTS WITH INDUSTRY
34 CFR 378.43 Subpart A -- General
Sec.
379.1 What is the projects with industry program?
379.2 Who is eligible for assistance under this program?
379.3 What regulations apply to this program?
379.4 What definitions apply to this program?
34 CFR 378.43 Subpart B -- What Kinds of Activities Does the Department
of Education Assist Under This Program?
379.10 What types of project activities are required under this
program?
34 CFR 378.43 Subpart C -- (Reserved)
34 CFR 378.43 Subpart D -- How Does the Secretary Make a Grant?
379.30 What selection criteria does the Secretary use under this
program?
379.31 What other factors does the Secretary consider in reviewing an
application?
379.32 How does the Secretary enter into an agreement?
34 CFR 378.43 Subpart E -- What Conditions Must Be Met by a Grantee?
379.40 What are the matching requirements?
379.41 What are allowable costs?
379.42 What prior assurances are required for agreements?
379.43 What general provisions are required in agreements?
379.44 What wage rates are required under agreements?
379.45 What on-the-job training is required?
379.46 What are the reporting requirements?
34 CFR 378.43 Subpart F -- What Requirements Must a Grantee Meet To
Receive Continuation Funding?
379.50 What are the requirements for continuation funding?
379.51 What are the program compliance indicators?
379.52 How is grantee performance measured using the compliance
indicators?
379.53 What are the weights, minimum performance levels, and
performance ranges for each compliance indicator?
Appendix to Part 379 -- Evaluation Standards
Authority: Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and
795g, unless otherwise noted.
Source: 46 FR 5432, Jan. 19, 1981, unless otherwise noted.
34 CFR 378.43 Subpart A -- General
34 CFR 379.1 What is the projects with industry program?
This program is designed to --
(a) Promote opportunities for competitive employment of individuals
with handicaps;
(b) Provide appropriate placement resources;
(c) Engage the talent and leadership of private industry as partners
in the rehabilitation process;
(d) Create practical settings for job readiness and training
programs; and
(e) Secure the participation of private industry in identifying and
providing job opportunities, the necessary skills, and training to
qualify persons with handicaps for competitive employment.
(Authority: Sec. 621(a) of the Act; 29 U.S.C. 795g(a))
(53 FR 17146, May 13, 1988)
34 CFR 379.2 Who is eligible for assistance under this program?
Employers and profit-making and nonprofit organizations with which
the Secretary may enter into an agreement include any --
(a) Designated State unit;
(b) Industrial, business, or commercial enterprise;
(c) Labor organization;
(d) Employer;
(e) Industrial or community trade association;
(f) Rehabilitation facility; or
(g) Other agency or organization with the capacity to arrange,
coordinate, or conduct training and other employment programs, and
provide supportive services and assistance for individuals with
handicaps in a realistic work setting.
(Authority: Sec. 621(a)(1) of the Act; 29 U.S.C. 795g(a))
(50 FR 38630, Sept. 23, 1985, as amended at 53 FR 17146, May 13,
1988)
34 CFR 379.3 What regulations apply to this program?
The following regulations apply to this program:
(a) 34 CFR part 369; and
(b) The regulations in this part 379.
(Authority: Sec. 621 of the Act; 29 U.S.C. 795g)
34 CFR 379.4 What definitions apply to this program?
(a) The definitions in 34 CFR part 369 apply to this program.
(b) The following definitions also apply to this program:
Competitive employment, as the placement outcome under this program,
means productive full-time or part-time work in business or industry at
a rate of compensation at least equal to the applicable minimum wage.
Person served means an individual for whom services by a PWI project
have been initiated with the objective that those services will result
in a placement in competitive employment.
Placement means the attainment of competitive employment by a person
served by a PWI project who has successfully completed training and
maintained employment for at least sixty continuous days.
(Authority: Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and
795g)
(54 FR 36102, Aug. 31, 1989)
34 CFR 379.4 Subpart B -- What Kinds of Activities Does the Department of Education Assist Under This Program?
34 CFR 379.10 What types of project activities are required under this
program?
The Projects with Industry program provides financial assistance for
the following types of activities:
(a) Providing individuals with handicaps with training and employment
in a realistic work setting in order to prepare them for employment in
the competitive market, including a planned and systematic sequence of
training and instruction in occupational and employment skills, and
providing reasonable assurance of gainful employment at the successful
termination of the training and instruction;
(b) Providing individuals with handicaps with supportive services
that are necessary to permit them to continue to engage in the
employment or a related type of employment for which they have received
training under this program; and
(c) To the extent appropriate, expanding job opportunities for
individuals with handicaps by analyzing job demands and capabilities of
the individuals with handicaps and providing for:
(1) The development and modification of jobs to accommodate the
special needs of the individuals with handicaps being trained and
employed under this program;
(2) The purchase and distribution of special aids, appliances, or
equipment adapted to the needs of an individual with handicaps for use
at a jobsite;
(3) The modification of any facilities or equipment of the employer
which are to be used by individuals with handicaps under this program;
and
(4) The establishment of appropriate job placement services; and
(d) Providing for business advisory councils comprised of
representatives of private industry, business concerns, and organized
labor who will identify available jobs within the community and the
skills necessary to fill those jobs, and prescribe appropriate training
programs.
(Authority: Sec. 621(a) of the Act; 29 U.S.C. 795g)
(46 FR 5432, Jan. 19, 1981, as amended at 53 FR 17146, May 13, 1988)
34 CFR 379.10 Subpart C -- (Reserved)
34 CFR 379.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 379.30 What selection criteria does the Secretary use under this
program?
(a) Plan of operation (10 points). The Secretary reviews each
application on the basis of the criterion in 369.31(a).
(b) Quality of key personnel (10 points). The Secretary reviews each
application on the basis of the criterion in 369.31(b).
(c) Budget and cost effectiveness (5 points). The Secretary reviews
each application on the basis of the criterion in 369.31(c).
(d) Evaluation plan (5 points). The Secretary reviews each
application on the basis of the criterion in 369.31(d).
(e) Adequacy of resources (5 points). The Secretary reviews each
application on the basis of the criterion in 369.31(e).
(f) Achievement of competitive employment objectives (35 points).
(1) The Secretary reviews each application for information that shows
that competitive employment objectives will be achieved for individuals
with handicaps being served under a project.
(2) The Secretary looks for information that shows that --
(i) The project has the capacity for placing a substantial number of
individuals with handicaps in competitive employment on a cost-effective
basis;
(ii) Individuals with handicaps will be trained in occupations for
which there is a realistic demand in the competitive labor market and,
where appropriate, adequate consideration is given to labor union
requirements in the development of training programs; and
(iii) The project has the capacity for creating jobs which offer
career development and advancement opportunities for individuals with
handicaps.
(g) Coordination with service agencies (20 points).
(1) The Secretary reviews each application for information that shows
an adequate level of coordination with appropriate service agencies in
the community.
(2) The Secretary looks for information that shows --
(i) Coordination of project activities with the State vocational
rehabilitation unit and with other appropriate community resources in
order to ensure an adequate number of referrals and a maximum use of
similar benefits; and
(ii) Establishment of linkages with business, industry, trade
associations, labor unions, and other concerned organizations, as
demonstrated by the establishment of an advisory committee with
representation from these groups to share in policy and decisionmaking
functions.
(h) Innovativeness of approach (10 points).
(1) The Secretary reviews each application for information that shows
an innovativeness of approach in preparing individuals with handicaps
for competitive employment.
(2) The Secretary looks for information that shows creativity and an
innovative approach in the methodology for achieving project objectives.
(Authority: Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and
795g)
(46 FR 5432, Jan. 19, 1981, as amended at 53 FR 17146, May 13, 1988)
34 CFR 379.31 What other factors does the Secretary consider in
reviewing an application?
In addition to the selection criteria in 379.30, the Secretary, in
making awards under this program, considers --
(a) The geographical distribution of projects among the States and
gives priority to geographic areas that are currently not served or are
underserved by the Projects With Industry program; and
(b) Beginning with fiscal year 1991, the past performance of the
applicant in carrying out a similar Project With Industry under
previously awarded grants, as indicated by factors such as compliance
with grant conditions, soundness of programmatic and financial
management practices, and meeting the requirements of subpart F of this
part.
(Authority: Secs. 621(h)(3) and 621(i) of the Act; 29 U.S.C.
795g(h)(3) and 795g(i))
(54 FR 36102, Aug. 31, 1989)
34 CFR 379.32 How does the Secretary enter into an agreement?
The Secretary enters into an agreement in consultation with the
Secretary of Labor and the Secretary of Commerce and with the State
vocational rehabilitation unit in the State in which the project is to
be carried out, except where the scope of the proposed project extends
beyond a single State.
(Authority: Sec. 621 of the Act; 29 U.S.C. 795g)
(46 FR 5432, Jan. 19, 1981. Redesignated at 54 FR 36102, Aug. 31,
1989)
34 CFR 379.32 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 379.40 What are the matching requirements?
The Federal share may not be more than 80% of the total cost of a
project under this program.
(Authority: Sec. 621(c) of the Act; 29 U.S.C. 795g(c))
34 CFR 379.41 What are allowable costs?
In addition to those allowable costs established in EDGAR
75.530-75.534, the following items are allowable costs under this
program:
(a) The costs of job training and related vocational rehabilitation
services and supportive rehabilitation services;
(b) Instruction and supervision of trainees;
(c) Training materials and supplies, including consumable materials;
(d) Instructional aids;
(e) Bonding fees, liability and insurance premiums;
(f) The purchase or modification of equipment or facilities adapted
for the use of individuals with handicaps and special aids and
appliances; and
(g) Alteration and renovation appropriate and necessary to ensure
access to and utilization of buildings by persons with handicaps.
(Authority: Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and
795g)
(46 FR 5432, Jan. 19, 1981, as amended at 53 FR 17146, May 13, 1988)
34 CFR 379.42 What prior assurances are required for agreements?
Before entering into an agreement under this program, the Secretary
consults with the prospective employer or other entity sponsoring the
project, and, to the extent possible, with the State vocational
rehabilitation unit and the individuals with handicaps to be trained and
employed under the project. On the basis of this consultation, it must
be determined that:
(a) The State vocational rehabilitation unit will, to the maximum
extent practicable, maintain a continuing relationship with the
individuals with handicaps to be served in the project and will either
provide necessary vocational rehabilitation services and related
supportive services directly or will otherwise ensure their
availability;
(b) The bargaining agent under any applicable collective bargaining
agreement concurs with the project;
(c) The trainee wage rates will not tend to create unfair competitive
labor cost advantages nor have the effect of impairing or depressing
wage or working standards established for experienced workers for work
of a comparable character; and
(d) No abnormal labor condition such as a strike, a lockout, or other
similar condition exists with respect to the applicant.
(46 FR 5432, Jan. 19, 1981, as amended at 53 FR 17146, May 13, 1988)
34 CFR 379.43 What general provisions are required in agreements?
Any agreement entered into must, in addition to standard provisions
--
(a) Provide for adherence to the terms or conditions of employment
prescribed by any applicable Federal, State, or local law;
(b) Provide that a determination by competent authority of failure to
adhere to the terms or conditions required by paragraph (a) of this
section will constitute cause for termination of the contract or
agreement;
(c) Provide that the Federal share of the costs will cover only a
part of the total costs of the project;
(d) Provide that the recruitment, examination, appointment, training,
promotion, retention, or any other personnel action with respect to any
handicapped individual receiving training or employment, will be without
regard to race, sex, color, creed, age, or national origin, and that
violation will constitute grounds for termination of the contract or
arrangement and that the United States will have a right to seek
judicial enforcement of this provision;
(e) Provide that trainees will be compensated for hours spent in
production of any goods or services;
(f) Provide that those individuals to receive training or employment
services under the contract or arrangement will be individuals
determined by the appropriate State vocational rehabilitation unit to be
individuals with handicaps suitable for these services;
(g) Provide reasonable assurance that individuals with handicaps
successfully completing the training program will be employed by the
employer or within a similar enterprise;
(h) Specify the duration of the project, not to exceed five years;
(i) Provide that when funds are given directly to an employer, the
Secretary, together with the State vocational rehabilitation unit, has
the right to review any termination of employment. In the event that
that termination occurs less than three years after the individual with
handicaps began his or her employment, the Secretary is entitled to
require the repayment of a portion of the funds made available to the
employer, if the Secretary in consultation with the State unit
determines that there was not a reasonable cause for the termination;
(j) Provide that any individual with handicaps placed with an
employer under this program will be given terms and benefits of
employment equal to those which are given other employees of the
employer;
(k) Provide that employees with handicaps will not be segregated from
other employees unless segregation is the only approach that will assure
equal opportunity to employees with handicaps;
(l) Contain an agreement to make reports and to keep any records and
accounts required by the Secretary and to make records and accounts
available for audit purposes;
(m) Contain a description of an annual evaluation plan which
contains, at a minimum, the following elements:
(1) The numbers and types of individuals with handicaps assisted.
(2) The types of assistance provided.
(3) The sources of funding.
(4) The percentage of resources committed to each type of assistance
provided.
(5) The extent to which the employment status and earning power of
individuals with handicaps changed following assistance.
(6) The extent of capacity building activities, including
collaboration with other organizations, agencies, and institutions.
(7) A comparison, if appropriate, of current activities with
activities of prior years; and
(n) Provide assurance that an evaluation report containing the data
specified in paragraph (m) of this section will be submitted to the
Secretary.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and
795g)
(46 FR 5432, Jan. 19, 1981, as amended at 50 FR 38631, Sept. 23,
1985; 53 FR 17146, May 13, 1988)
34 CFR 379.44 What wage rates are required under agreements?
(a) The agreement must include the rate of compensation to be paid to
trainees engaged in the production of any goods or services. The wage
rate paid a trainee must be the higher of the following:
(1) The minimum entrance rate for inexperienced workers in the same
occupation, or if the occupation is new to the establishment, the
prevailing entrance rate for the occupation among other establishments
in the community or area; or
(2) The minimum rate required under the Fair Labor Standards Act or
the Walsh-Healy Public Contracts Act, to the extent that these Acts are
applicable to the trainee.
(b) The agreement must further provide for an increasing rate of
payment to trainees if the training program is of such duration that
periodic increases are reasonable and if the proficiency of the trainee
merits the increases.
(Authority: Secs. 12(c) and 621b; 29 U.S.C. 711(c) and 795g)
34 CFR 379.45 What on-the-job training is required?
The agreement must --
(a) Provide for methods of instruction, progression of trainees, and
size of the training group, including individualized or group training,
comparable in duration to other training programs for the particular
occupation, and adequate in content to qualify trainees for employment;
(b) Provide adequate and safe facilities and equipment; and
(c) Require that suitable records of attendance, performance and
progress of trainees be maintained and that these records be made
available to the Secretary when requested.
(Authority: Sec. 621 of the Act; 29 U.S.C. 795g)
34 CFR 379.46 What are the reporting requirements?
(a) Beginning with fiscal year 1990, each application for
continuation funding for the third or any subsequent year of a PWI grant
must include data for the most recent complete project year in order for
the Secretary to determine if the grantee has met the program compliance
indicators established in subpart F of this part.
(b) If the data for the most recent complete project year provided
under paragraph (a) of this section shows that a grantee has failed to
achieve the minimum composite score required in 379.52(f) to meet the
program compliance indicators, the grantee may, at its option, submit
data from the first six months of the current project year to
demonstrate that its project performance has improved sufficiently to
meet the minimum composite score.
(Approved by the Office of Management and Budget under control number
1820-0566)
(Authority: Section 621(f)(2) of the Act; 29 U.S.C. 795g(f)(2))
(54 FR 36102, Aug. 31, 1989)
34 CFR 379.46 Subpart F -- What Requirements Must a Grantee Meet To
Receive Continuation Funding?
Source: 54 FR 36103, Aug. 31, 1989, unless otherwise noted.
34 CFR 379.50 What are the requirements for continuation funding?
Beginning with fiscal year 1990, in order to receive a continuation
award for the third or any subsequent year of a PWI grant a grantee
shall adhere to the provisions of its approved application and shall
receive a minimum composite score of at least 70 points on the program
compliance indicators contained in 379.53.
(Authority: Section 621(h)(4)(B) of the Act; 29 U.S.C.
795g(h)(4)(B))
34 CFR 379.51 What are the program compliance indicators?
The program compliance indicators implement program evaluation
standards, which are contained in an appendix to this part, by
establishing minimum performance levels and performance ranges in
essential project areas to measure the effectiveness of individual
grantees.
(Authority: Secs. 621(d)(1) and 621(f)(1) of the Act; 29 U.S.C.
795g(d)(1) and 795g(f)(1))
34 CFR 379.52 How is grantee performance measured using the compliance
indicators?
(a) Each compliance indicator establishes a minimum performance
level.
(b) Each compliance indicator also establishes three performance
ranges with points assigned to each range. The higher the performance
range, the greater the number of points assigned to that range.
(c) If a grantee does not achieve the minimum performance level for a
compliance indicator, the grantee receives no points.
(d) If a grantee achieves or exceeds the minimum performance level,
the grantee receives the points assigned to the particular performance
range that corresponds to its actual level of performance.
(e) The maximum possible composite score that a grantee can receive
is 150 points.
(f) A grantee must receive a composite score of at least 70 points to
meet the evaluation standards and qualify for continuation funding.
(Authority: 621(h)(4)(B) of the Act; 29 U.S.C. 795g(h)(4)(B))
34 CFR 379.53 What are the weights, minimum performance levels, and
performance ranges for each compliance indicator?
(a) Percent of persons served whose disabilities are severe. (3-10
points) A minimum of 50 percent of persons served by the project are
persons who have severe disabilities. The performance ranges and the
points assigned to each range are as follows:
(1) 50 percent to 59 percent -- 3 points.
(2) 60 percent to 75 percent -- 7 points.
(3) 76 percent or more -- 10 points.
(b) Percent of persons served who have been unemployed for at least
six months at the time of project entry. (5-15 points) A minimum of 50
percent of persons served by the project have been unemployed for at
least six months at the time of project entry. The performance ranges
and the points assigned to each range are as follows:
(1) 50 percent to 59 percent -- 5 points.
(2) 60 percent to 75 percent -- 10 points.
(3) 76 percent or more -- 15 points.
(c) Cost per placement. (8-25 points) The average cost per placement
of persons served by the project does not exceed $1600.00. The
performance ranges and the points assigned to each range are as follows:
(1) $1351 to $1600 -- 8 points.
(2) $1000 to $1350 -- 17 points.
(3) Less than $1000 -- 25 points.
(d) Projected cost per placement. (5-15 points) The actual average
cost per placement of persons served by the project does not exceed 140
percent of the projected average cost per placement in the grantee's
application. The performance ranges and the points assigned to each
range are as follows:
(1) 126 percent to 140 percent -- 5 points.
(2) 111 percent to 125 percent -- 10 points.
(3) 110 percent or less -- 15 points.
(e) Placement rate. (8-25 points) A minimum of 40 percent of persons
served by the project are placed in competitive employment. The
performance ranges and the points assigned to each range are as follows:
(1) 40 percent to 49 percent -- 8 points.
(2) 50 percent to 69 percent -- 17 points.
(3) 70 percent or more -- 25 points.
(f) Projected placement rate. (5-15 points) The actual number of
persons served by the project that are placed into competitive
employment is at least 50 percent of the number of persons that the
grantee, in the grant application, projected would be placed. The
performance ranges and the points assigned to each range are as follows:
(1) 50 percent to 74 percent -- 5 points.
(2) 75 percent to 94 percent -- 10 points.
(3) 95 percent or more -- 15 points.
(g) Change in earnings. (7-20 points) The earnings of persons served
by the project who are placed into competitive employment have increased
by an average of at least $75.00 a week over earnings at project entry.
The performance ranges and the points assigned to each range are as
follows:
(1) $75 to $124 -- 7 points.
(2) $125 to $199 -- 14 points.
(3) $200 or more -- 20 points.
(h) Percent placed who have severe disabilities. (3-10 points) At
least 50 percent of persons served by the project who are placed into
competitive employment are persons who have severe disabilities. The
performance ranges and the points assigned to each range are as follows:
(1) 50 percent to 59 percent -- 3 points.
(2) 60 percent to 75 percent -- 7 points.
(3) 76 percent or more -- 10 points.
(i) Percent unemployed placed. (5-15 points) At least 50 percent of
persons served by the project who are placed into competitive employment
are persons who were unemployed for at least six months at the time of
project entry. The performance ranges and the points assigned to each
range are as follows:
(1) 50 percent to 59 percent -- 5 points.
(2) 60 percent to 75 percent -- 10 points.
(3) 76 percent or more -- 15 points.
(j) Summary chart of weights and performance ranges. The following
composite chart shows the weights assigned to the performance ranges for
each compliance indicator.
(Authority: Section 621(f)(1) of the Act; 29 U.S.C. 795g(f)(1))
34 CFR 379.53 Appendix to Part 379 -- Evaluation Standards
34 CFR 379.53 Pt. 379, App.
Standard 1: The primary objective of the project shall be to assist
individuals with disabilities to obtain competitive employment. The
activities carried out by the project shall support the accomplishment
of this objective.
Standard 2: The project shall serve individuals with disabilities
that impair their capacity to obtain competitive employment. In
selecting persons to receive services, priority shall be given to
individuals with severe disabilities.
Standard 3: The project shall ensure the provision of services that
will assist in the placement of persons with disabilities.
Standard 4: Funds shall be used to achieve the project's primary
objective at minimum cost to the federal government.
Standard 5: The project's advisory council shall provide policy
guidance and assistance in the conduct of the project.
Standard 6: Working relationships, including partnerships, shall be
established with agencies and organizations in order to expand the
project's capacity to meet its objectives.
Standard 7: The project shall obtain positive results in assisting
individuals with disabilities to obtain competitive employment.
34 CFR 379.53 PART 380 -- SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED EMPLOYMENT SERVICES TO INDIVIDUALS WITH SEVERE HANDICAPS AND TECHNICAL ASSISTANCE PROJECTS
34 CFR 379.53 Subpart A -- General
Sec.
380.1 What is the program of special projects and demonstrations for
providing supported employment services to individuals with severe
handicaps and technical assistance projects?
380.2 Who is eligible for an award?
380.3 What types of projects are authorized?
380.4 What activities may the Secretary fund under statewide
supported employment demonstration projects?
380.5 What activities may the Secretary fund under community-based
supported employment projects?
380.6 What activities may the Secretary fund under technical
assistance supported employment projects?
380.7 What priorities may the Secretary establish?
380.8 What regulations apply?
380.9 What definitions apply?
34 CFR 379.53 Subpart B -- How does the Secretary make an award?
380.10 How does the Secretary evaluate an application?
380.11 What selection criteria does the Secretary use for statewide
supported employment demonstration projects?
380.12 What selection criteria does the Secretary use for
community-based supported employment projects?
380.13 What selection criteria does the Secretary use for technical
assistance supported employment projects?
380.14 What other factors does the Secretary consider in reviewing an
application?
34 CFR 379.53 Subpart C -- What Post-Award Conditions Must Be Met by a
Grantee?
380.20 What requirements must a grantee meet before it provides for
the transition of an individual in supported employment?
Authority: 29 U.S.C. 711(c) and 777a(d), unless otherwise noted.
Source: 54 FR 12400, Mar. 22, 1989, unless otherwise noted.
34 CFR 379.53 Subpart A -- General
34 CFR 380.1 What is the program of special projects and demonstrations
for providing supported employment services to individuals with severe
handicaps and technical assistance projects?
This program is designed to provide grants for special projects and
demonstrations to expand or otherwise improve the provision of supported
employment services to individuals with severe handicaps and for
technical assistance projects.
(Authority: 29 U.S.C. 777a(a)(1) and 777a(d))
34 CFR 380.2 Who is eligible for an award?
(a) Applications for Statewide demonstration projects under 380.4
may be submitted by public and nonprofit rehabilitation facilities,
designated State units, and other public and private agencies and
organizations.
(b) Applications for community-based projects under 380.5 may be
submitted by public and nonprofit rehabilitation facilities, designated
State units, and other public and private agencies and organizations.
(c) Applications for technical assistance projects under 380.6 may
be submitted by public agencies and nonprofit private organizations that
have experience in training and provision of supported employment
services.
(Authority: 29 U.S.C. 777a(d))
34 CFR 380.3 What types of projects are authorized?
The following types of projects may be funded under this program:
(a) Statewide demonstration projects as described in 380.4. The
purpose of Statewide demonstration projects is to stimulate the
development and provision of supported employment services on a
statewide basis for individuals with severe handicaps.
(b) Community-based projects as described in 380.5. The purposes of
community-based projects are to stimulate the development of innovative
approaches for improving and expanding the provision of supported
employment services to individuals with severe handicaps, and to enhance
local capacity to provide supported employment services.
(c) Technical assistance projects as described in 380.6. The purpose
of technical assistance projects is to provide technical assistance to
States in implementing the State Supported Employment Services Program
under 34 CFR part 363.
(Authority: 29 U.S.C. 777a(a)(1) and 777a(d))
34 CFR 380.4 What activities may the Secretary fund under statewide
supported employment demonstration projects?
(a) Authorized activities. The Following activities are authorized
under Statewide Supported Employment demonstration projects:
(1) Program development, including program start-up costs, for new or
existing community organizations and employers.
(2) Staff training.
(3) Program evaluation.
(4) Reorganization, expansion, or, if appropriate, conversion of
existing programs to provide supported employment services.
(b) Restrictions on the use of funds. (1) Statewide Supported
Employment demonstration project grants may not be used to provide
supported employment services to individuals with severe handicaps.
(2) A grantee must provide, or ensure the provision of, those direct
services needed by individuals with severe handicaps in order for them
to obtain and maintain employment from funds other than those made
available under this part. These supported employment services include
but are not limited to --
(i) Job site training to prepare and enable individuals with severe
handicaps to perform work and maintain the job;
(ii) Ongoing supervision of individuals with severe handicaps on the
job;
(iii) Ongoing behavior management; and
(iv) Case management, including assistance to coordinate services
from various sources.
(Authority: 29 U.S.C. 777a(a)(1) and 777a(d))
34 CFR 380.5 What activities may the Secretary fund under
community-based supported employment projects?
(a) Authorized activities. The following activities are authorized
under community-based projects:
(1) Job search assistance.
(2) Job development, including work site modification and use of
advanced learning technology for skills training.
(3) On-the-job training.
(4) Job placement.
(5) Application of rehabilitation engineering in providing supported
employment services.
(6) Provision of time-limited services for individuals placed in
employment.
(7) Development of cooperative agreements with service providers for
the provision of extended services.
(b) Restrictions on the use of funds. The Secretary does not provide
financial assistance under Community-Based Supported Employment projects
for the provision of extended supported employment services.
(Authority: 29 U.S.C. 777a(d))
(54 FR 12400, Mar. 22, 1989, as amended at 57 FR 28441, June 24,
1992)
Effective Date Note: At 57 FR 28441, June 24, 1992, 380.5 was
amended by revising paragraph (a)(6), effective either 45 days after
publication in the Federal Register or later if Congress takes certain
adjournments. The text remaining in effect until further notice appears
below.
380.5 What activities may the Secretary fund under community-based
supported employment projects?
(a) * * *
(6) Provision of traditionally time-limited post-employment services
for individuals placed in employment.
34 CFR 380.6 What activities may the Secretary fund under technical
assistance supported employment projects?
The following activities are authorized under technical assistance
projects:
(a) Staff training.
(b) Development of and placement in jobs for individuals with severe
handicaps.
(c) Development of cooperative agreements with service providers for
extended services.
(d) Reorganization, expansion, or, if appropriate, conversion of
existing programs to provide supported employment services.
(Authority: 29 U.S.C. 777a(d)(2))
34 CFR 380.7 What priorities may the Secretary establish?
In any fiscal year, the Secretary may establish priorities for one or
more of the types of projects described in 380.3 by publishing a notice
in the Federal Register.
(Authority: 29 U.S.C. 777a(d)(2))
34 CFR 380.8 What regulations apply?
The following regulations apply to the Program of Special Projects
and Demonstrations for Providing Supported Employment Services to
Individuals with Severe Handicaps and Technical Assistance Projects:
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals and Nonprofit Organizations), part 75
(Direct Grant Programs), part 77 (Definitions that Apply to Department
Regulations), part 79 (Intergovernmental Review of Department of
Education Programs and Activities), part 80 (Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments), and part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)).
(b) The regulations in this part 380.
(c) The regulations in 34 CFR 369.47.
(Authority: 29 U.S.C. 711(c) and 777a(d))
(54 FR 12400, Mar. 22, 1989, as amended at 55 FR 21714, May 25, 1990)
34 CFR 380.9 What definitions apply?
(a) The following term used in this part is defined in 34 CFR part
363: Supported employment.
(b) The following terms used in this part are defined in 34 CFR part
369: Designated State unit, Rehabilitation facility, Individual with
severe handicaps.
(c) Other definitions. The following definitions also apply to this
part:
(1) As used in the definition of ''supported employment'' --
(i) Competitive work means work that at the time of transition is
performed weekly on a full-time basis or on a part-time basis, as
determined in each individual's program of services, and for which an
individual is compensated consistent with the wage standards provided
for in the Fair Labor Standards Act;
(ii) (A) Integrated work setting means job sites where either --
(1) (i) Most employees are not handicapped; and
(ii) An individual with a severe handicap interacts on a regular
basis, in the performance of job duties, with employees who are not
handicapped; and
(iii) If an individual with a severe handicap is part of a distinct
work group of only individuals with handicaps, the work group consists
of no more than eight individuals; or
(2) If there are no other employees or the only other employees are
individuals who are part of a work group as described in paragraph (A)
(1) (iii) of this definition of ''integrated work setting,'' an
individual with a severe handicap interacts on a regular basis, in the
performance of job duties, with individuals who are not handicapped,
including members of the general public.
(B) The interaction required by paragraphs (A) (i) (ii) and (A) (2)
of this definition of ''integrated work setting'' may not be satisfied
by contact between an individual with a severe handicap and individuals
who provide on-going support services at the job site;
(iii) On-going support services means services that are --
(A) Needed to support and maintain an individual with severe
handicaps in supported employment;
(B) Based on a determination by the grantee of the individual's needs
as specified in a program of services; and
(C) Furnished by the grantee from the time of job placement until
transition to extended services, except as provided in 34 CFR
363.4(c)(3) and, following transition, by one or more extended services
providers throughout the individual's term of employment in a particular
job placement or multiple placements if those placements are being
provided under a program of transitional employment. On-going support
services must include, at a minimum, twice-monthly monitoring at the
work site of each individual in supported employment to assess
employment stability, unless the individual's program of services
provides for off-site monitoring, and, based upon that assessment, the
coordination or provision of specific services, at or away from the work
site, that are needed to maintain employment stability. If off-site
monitoring is determined to be appropriate, it must, at a minimum,
consist of two meetings with the individual and one contact with the
employer each month; and
(iv) Transitional employment means a series of temporary job
placements in competitive work in an integrated work setting with
on-going support services for individuals with chronic mental illness.
In transitional employment, the provision of on-going support services
must include continuing sequential job placements until job permanency
is achieved.
(2) Time-limited services means on-going support services provided by
the grantee with funds under this part --
(i) For a period not to exceed 18 months, unless a longer period to
achieve job stabilization has been established in the individual's
program of services, before an individual with severe handicaps makes
the transition to extended services; and
(ii) As discrete post-employment services following transition in
accordance with 34 CFR 363.4(c)(3).
(3) Extended services means on-going support services provided by a
State agency, a private non-profit organization or any other appropriate
resource, from funds other than funds received under this part, part
361, part 363, or part 376 after an individual with severe handicaps has
made the transition from project support.
(Authority: 29 U.S.C. 777a(d))
(54 FR 12400, Mar. 22, 1989, as amended at 57 FR 28441, June 24,
1992)
Effective Date Note: At 57 FR 28441, June 24, 1992, 380.9 was
amended by revising paragraph (c), effective either 45 days after
publication in the Federal Register or later if Congress takes certain
adjournments. The text remaining in effect until further notice appears
below.
380.9 What definitions apply?
(c) Other definitions. The following definition also applies to this
part:
''Traditionally time-limited post-employment services'' means
services that are needed to support and maintain an individual with
severe handicaps in employment and are provided for a period not to
exceed 18 months before transition is made to extended services.
(Authority: 29 U.S.C. 777a(d))
34 CFR 380.9 Subpart B -- How Does the Secretary Make an Award?
34 CFR 380.10 How does the Secretary evaluate an application?
(a) The Secretary evaluates each application on the basis of
selection criteria described in 380.11, 380.12, or 380.13. The maximum
possible score for each criterion is stated in parentheses following the
criterion. The number of points awarded each criterion depends on how
well the applicant meets all the elements under the criterion.
(b) The Secretary awards up to 100 possible points for these
selection criteria.
(Authority: 29 U.S.C. 777a(d))
34 CFR 380.11 What selection criteria does the Secretary use for
statewide supported employment demonstration projects?
(a) Plan of operation. (5 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project, including --
(1) The extent to which the plan of management is effective and
ensures proper and efficient administration of the project; and
(2) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or handicapping condition.
(b) Quality of key personnel. (10 points) (1) The Secretary reviews
each application to determine the quality of key personnel the applicant
plans to use on the project, including --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraph (b)(1) (i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition.
(2) To determine personnel qualifications under paragraph (b)(1) (i)
and (ii) of this section, the Secretary considers --
(i) Experience and training in fields related to the objectives of
the project; and
(ii) Any other qualifications that pertain to the quality of the
project.
(c) Budget and cost-effectiveness. (10 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (10 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Are appropriate to the project; and
(2) To the extent possible, are objective and produce data that are
quantifiable.
(e) Adequacy of resources. (10 points) The Secretary reviews each
application to determine the adequacy of the resources that the
applicant plans to devote to the project, including facilities,
equipment, and supplies.
(f) Capacity to achieve lasting statewide change. (15 points) (1)
The Secretary reviews each application to determine whether the
applicant has the capacity to achieve lasting statewide change by
reorganizing, expanding, or, if appropriate, converting existing
programs that do not provide supported employment services to programs
that do provide these services.
(2) The Secretary determines the extent to which --
(i) The applicant has responsibility for programs to be changed or is
able to assure that program change will occur;
(ii) The project resources will be used to change how existing
service funds are spent, not to supplant those funds; and
(iii) A sufficient number of service programs and work opportunities
can be developed within the project period to achieve statewide change.
(g) Project design. (20 points) (1) The Secretary reviews each
application to assess the quality of the project design and approach.
(2) The Secretary determines the extent to which --
(i) The applicant has clearly defined the services and service
delivery system that will result from the project and has analyzed in
detail how these differ from current services and the current service
delivery systems;
(ii) All relevant barriers to implementing the proposed statewide
change are identified and appropriate strategies are proposed for
eliminating those barriers;
(iii) The project will employ a multi-faceted and systematic approach
to achieving project objectives through such means as dissemination of
information, training, technical assistance, start-up of new programs,
and development of incentives for employer participation; and
(iv) The project is designed to develop a range of service approaches
that are appropriate for the variety of employment opportunities in the
State.
(h) Participation and coordination. (15 points) (1) The Secretary
reviews each application to determine whether the proposed project
provides for coordination with and participation of all affected groups
and agencies.
(2) The Secretary determines the extent to which --
(i) Individuals with severe handicaps, their parents or other
representatives, if appropriate, and potential employers are involved in
project planning and decisionmaking; and
(ii) All State and other agencies whose cooperation and participation
are necessary for statewide implementation of supported employment
projects are actively collaborating in project management. These
agencies primarily include those responsible for vocational
rehabilitation, special education, developmental disabilities, mental
health, social services, and medicaid, as well as private agencies,
rehabilitation facilities, the Social Security Administration and the
Veterans Administration.
(i) Impact on other States. (5 points) (1) The Secretary reviews
each application to assess the impact the proposed project will have on
other States.
(2) The Secretary determines the extent to which --
(i) The proposed project design can be used by other States; and
(ii) The applicant will disseminate its project results to other
States.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 777a(a)(1) and 777a(d))
(54 FR 12400, Mar. 22, 1989, as amended at 57 FR 14315, Apr. 17,
1992)
34 CFR 380.12 What selection criteria does the Secretary use for
community-based supported employment projects?
(a) Plan of operation. (10 points) The Secretary reviews each
application in accordance with the criterion in 380.11(a).
(b) Quality of key personnel. (10 points) The Secretary reviews each
application in accordance with the criterion in 380.11(b).
(c) Budget and cost-effectiveness. (10 points) The Secretary reviews
each application in accordance with the criterion in 380.11(c).
(d) Evaluation plan. (5 points) The Secretary reviews each
application in accordance with the criterion in 380.11(d).
(e) Adequacy of resources. (10 points) The Secretary reviews each
application in accordance with the criterion in 380.11(e).
(f) Impact. (25 points) The Secretary reviews each application to
determine the extent to which the proposed project will enhance the
capacity of local, community-based programs to provide supported
employment services to individuals with severe handicaps, including --
(1) The contribution that the project findings or results will make
to current knowledge or practice; and
(2) The extent to which findings and results will be disseminated to
service providers in order to expand and improve the provision of
supported employment services.
(g) Innovativeness. (30 points) (1) The Secretary reviews each
application to assess whether the proposed project is likely to
contribute to the development and use of innovative approaches for
improving and expanding the provision of supported employment services
to individuals with severe handicaps.
(2) The Secretary determines the extent to which the proposed project
--
(i) Builds upon current model practices and research findings;
(ii) Uses unique strategies and approaches that can be incorporated
into effective service delivery models; and
(iii) Demonstrates how the innovative strategies and approaches
address important service delivery problems.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 777a(d))
(54 FR 12400, Mar. 22, 1989, as amended at 57 FR 14315, Apr. 17,
1992)
34 CFR 380.13 What selection criteria does the Secretary use for
technical assistance supported employment projects?
(a) Plan of operation. The Secretary reviews each application on the
basis of the criterion in 380.11(a).
(b) Quality of key personnel. (20 points) The Secretary reviews each
application on the basis of the criterion in 380.11(b).
(c) Budget and cost effectiveness. (10 points) The Secretary reviews
each application on the basis of the criterion in 380.11(c).
(d) Evaluation plan. (10 points) The Secretary reviews each
application on the basis of the criterion in 380.11(d).
(e) Adequacy of resources. (5 points) The Secretary reviews each
application on the basis of the criterion in 380.11(e).
(f) Evidence of need. (20 points) (1) The Secretary reviews each
application to assess whether the need for the proposed technical
assistance has been adequately justified.
(2) The Secretary determines the extent to which the application --
(i) Describes the technical assistance needs to be addressed by the
project;
(ii) Describes how the applicant identified those needs;
(iii) Describes how those needs will be met by the project; and
(iv) Describes the benefits to be gained by meeting those needs.
(g) Project design. (20 points) (1) The Secretary reviews each
application to evaluate the quality of the proposed technical assistance
project design.
(2) The Secretary determines the extent to which --
(i) The technical assistance objectives are designed to meet the
identified needs and are clearly defined, measurable, and achievable;
(ii) The content of the proposed technical assistance and
instructional approach are appropriate for the project participants.
(3) The Secretary determines the extent to which each application
provides for --
(i) A method for gaining the participation of prospective target
populations in need of technical assistance;
(ii) Innovative procedures for disseminating information and
imparting skills to project participants; and
(iii) Use of current research findings and information on model
practices in providing the technical assistance.
(h) Participation. (5 points) (1) The Secretary reviews each
application to determine whether the proposed project provides for
participation by individuals with severe handicaps, parents or other
representatives of individuals with severe handicaps, recipients of
technical assistance, and other individuals and agencies affected by the
project.
(2) The Secretary determines the extent to which --
(i) The project objectives and proposed activities to attain project
objectives are related to the employment needs of individuals with
severe handicaps; and
(ii) The applicant proposes to involve individuals with severe
handicaps, potential employers, and other concerned individuals in
project planning, implementation, and evaluation.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 777a(d)(2))
(54 FR 12400, Mar. 22, 1989, as amended at 57 FR 14315, Apr. 17,
1992)
34 CFR 380.14 What other factors does the Secretary consider in
reviewing an application?
In addition to the selection criteria listed in 380.11, 380.12, and
380.13, the Secretary, in making awards under this part, considers the
geographical distribution of projects in each program category
throughout the country.
(Authority: 29 U.S.C. 777a(a)(1) and 777a(d))
34 CFR 380.14 Subpart C -- What Post-Award Conditions Must Be Met by a
Grantee?
Effective Date Note: At 57 FR 28442, June 24, 1992, part 380 was
amended by adding a new subpart C consisting of 380.20, effective
either 45 days after publication in the Federal Register or later if
Congress takes certain adjournments.
34 CFR 380.20 What requirements must a grantee meet before it provides
for the transition of an individual in supported employment?
A grantee must provide for the transition of an individual with
severe handicaps to extended services no later than 18 months after
placement in supported employment, unless a longer period is established
in the individual's program of services, and only if the individual has
made substantial progress toward meeting his or her hours-per-week work
goal, is stabilized in the job, and extended services are available and
can be provided without a hiatus in services.
(Authority: 29 U.S.C. 777a(d))
(57 FR 28442, June 24, 1992)
34 CFR 380.20 PART 385 -- REHABILITATION TRAINING
34 CFR 380.20 Subpart A -- General
Sec.
385.1 What is the Rehabilitation Training Program?
385.2 Who is eligible for assistance under these programs?
385.3 What regulations apply to these programs?
385.4 What definitions apply to these programs?
34 CFR 380.20 Subpart B -- (Reserved)
34 CFR 380.20 Subpart C -- How Does One Apply For a Grant?
385.20 What are the application procedures for these programs?
34 CFR 380.20 Subpart D -- How Does the Secretary Make a Grant?
385.30 (Reserved)
385.31 How does the Secretary evaluate an application?
385.32 What general selection criteria does the Secretary use in
reviewing an application?
385.33 What other factors does the Secretary consider in reviewing an
application?
34 CFR 380.20 Subpart E -- What Conditions Must Be Met by a Grantee?
385.40 What are the requirements pertaining to the membership of a
project advisory committee?
385.41 What are the requirements affecting the collection of data
from State agencies?
385.42 What are the requirements affecting the dissemination of
training materials?
385.43 What requirement applies to the training of rehabilitation
counselors?
385.44 What requirement applies to the training of individuals with
handicaps?
Authority: 29 U.S.C. 711(c), 744, and 776, unless otherwise noted.
Source: 45 FR 86379, Dec. 30, 1980, unless otherwise noted.
34 CFR 380.20 Subpart A -- General
34 CFR 385.1 What is the Rehabilitation Training Program?
(a) The Rehabilitation Training Program is designed to --
(1) Increase the supply of qualified personnel available for
employment in public and private agencies and institutions involved in
the vocational rehabilitation and independent living rehabilitation of
individuals with handicaps, especially those individuals with the most
severe handicaps; and
(2) Maintain and upgrade basic skills and knowledge of personnel
employed as providers of vocational, medical, social or psychological
rehabilitation services.
(b) The Secretary awards financial assistance through five categories
of training programs --
(1) Rehabilitation Long-Term Training (part 386);
(2) Experimental and Innovative Training (part 387);
(3) State Vocational Rehabilitation Unit In-Service Training (part
388);
(4) Rehabilitation Continuing Education Programs (part 389); and
(5) Rehabilitation Short-Term Training (part 390).
(Authority: Sec. 304 of the Act; 29 U.S.C. 774)
(45 FR 86379, Dec. 30, 1980, as amended at 50 FR 38631, Sept. 23,
1985; 53 FR 17146, May 13, 1988)
34 CFR 385.2 Who is eligible for assistance under these programs?
State agencies and other public or nonprofit agencies and
organizations, including institutions of higher education, are eligible
for assistance under the Rehabilitation Training Program.
(Authority: Sec. 304 of the Act; 29 U.S.C. 774)
34 CFR 385.3 What regulations apply to these programs?
The following regulations apply to the Rehabilitation Training
Program --
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 74 (Administration of Grant), part 75 (Direct
Grant Programs), part 77 (Definitions That Apply to Department
Regulations), part 78 (Education Appeal Board), and part 79
(Intergovernmental Review of Department of Education Programs and
Activities).
(b) The regulations in this part 385.
(c) The regulations in 34 CFR parts 386,387,388, 389, and 390, as
appropriate.
(Authority: Secs. 12(c) and 304 of the Act; 29 U.S.C. 711(c) and
774)
(50 FR 38631, Sept. 23, 1985, as amended at 55 FR 21714, May 25,
1990)
34 CFR 385.4 What definitions apply to these programs?
(a) The following definitions in 34 CFR part 77 apply to the programs
under the Rehabilitation Training Program --
Applicant
Application
Award
Budget Period
Department
EDGAR
Nonprofit
Private
Project
Project Period
Public
Secretary
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(b) The following definitions also apply to programs under the
Rehabilitation Training program --
Act means the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as
amended.
Independent living rehabilitation services or independent living
services means:
(1) Counseling services, including psychological counseling,
psychotherapeutic counseling, peer counseling, advocacy services and
related services;
(2) Housing incidental to the provision of any independent living
rehabilitation services, and including appropriate accommodations to,
and modifications of any space utilized to serve individuals with severe
handicaps;
(3) Physical and mental restoration services;
(4) Attendant care;
(5) Transportation;
(6) Interpreter services for deaf individuals, including tactile
interpretation for deaf-blind individuals;
(7) Reading services, rehabilitation teaching services, and
orientation and mobility services for blind individuals;
(8) Recreational services;
(9) Services to family members of an individual with handicaps if
necessary for improving the individual's ability to engage or continue
in employment;
(10) Vocational and other training services, including personal and
vocational adjustment if necessary for improving the ability of an
individual with severe handicaps to live and function more
independently, or to engage or continue in employment;
(11) Job placement services;
(12) Referral services;
(13) Telecommunications, sensory and other technological aids and
devices;
(14) Services for children of pre-school age including physical
therapy, development of language and communication skills, and child
development services;
(15) Any other vocational rehabilitation services available under the
State plan for vocational rehabilitation services that are appropriate
to the independent living rehabilitation needs of an individual with
severe handicaps; and
(16) Any appropriate preventive services to decrease the future needs
of an individual with severe handicaps.
(Authority: Sec. 702(b) of the Act; 29 U.S.C. 796(b))
Individual with handicaps means an individual --
(1) Who has a physical or mental disability which for that individual
constitutes or results in a substantial handicap to employment; and
(2) Who can reasonably be expected to benefit in terms of
employability from the provision of vocational rehabilitation services,
or for whom an extended evaluation of vocational rehabilitation
potential is necessary to determine whether he or she might reasonably
be expected to benefit in terms of employability from the provision of
vocational rehabilitation services.
(Authority: Sec. 7(7)(A) of the Act; 29 U.S.C. 706(7)(A))
Physical or mental disability means a physical or mental condition
which materially limits, contributes to limiting or, if not corrected,
will probably result in limiting an individual's employment activities
or vocational functioning.
(Authority: Sec. 7(7)(a)(i) of the Act; 29 U.S.C. 706(7)(A)(i))
Physical and mental restoration services means --
(1) Medical or corrective surgical treatment;
(2) Diagnosis and treatment for mental or emotional disorders by a
physician skilled in the diagnosis and treatment of such disorders or by
a pyschologist licensed or certified in accordance with State laws and
regulations;
(3) Dentistry;
(4) Nursing services;
(5) Necessary hospitalization (either inpatient or outpatient care)
in connection with surgery or treatment and clinic services;
(6) Convalescent or nursing home care;
(7) Drugs and supplies;
(8) Prosthetic, orthotic or other assistive devices including hearing
aids, essential to obtaining or retaining employment;
(9) Eyeglasses and visual services, including visual training, and
the examination and services necessary for the prescription and
provision of eyeglasses, contact lenses, microscopic lenses, telescopic
lenses, and other special visual aids, prescribed by a physician skilled
in diseases of the eye or by an optometrist, whichever the individual
may select;
(10) Podiatry;
(11) Physical therapy;
(12) Speech or hearing therapy;
(13) Psychological services;
(14) Therapeutic recreation services;
(15) Medical or medically related social work services;
(16) Treatment of either acute or chronic medical complications and
emergencies which are associated with or arise out of the provision of
physical and mental restoration services; or which are inherent in the
condition under treatment;
(17) Special services for the treatment of individuals suffering from
end-stage renal disease, including transplantation, dialysis, artificial
kidneys, and supplies; and
(18) Other medical or medically related rehabilitation services
including art therapy, dance therapy, music therapy and psychodrama.
(Authority: Sec. 103(a)(4) of the Act; 29 U.S.C. 723(a)(4))
Qualified personnel means personnel who have met existing State
certification or licensure requirements, or in the absence of State
requirements, have met professionally accepted requirements established
by national certification boards.
(Authority: H.R. Conf. Rep. No. 595, 98th Cong., 2d Sess. 32 (1984))
State agency means the sole State agency designated to administer (or
supervise local administration of) the State plan for vocational
rehabilitation services. The term includes the State agency for the
blind, if designated as the sole State agency with respect to that part
of the plan relating to the vocational rehabilitation of blind
individuals.
(Authority: Sec. 101(a)(1)(A) of the Act; 29 U.S.C. 721(a)(1)(A))
State unit or State vocational rehabilitation unit means either --
(1) The State agency vocational rehabilitation bureau, division, or
other organizational unit that is primarily concerned with vocational
rehabilitation or vocational and other rehabilitation of individuals
with handicaps and that is responsible for the administration of the
vocational rehabilitation program of the State agency; or
(2) The independent State commission, board, or other agency that has
vocational rehabilitation, or vocational and other rehabilitation as its
primary function.
(Authority: Sec. 7(3) of the Act; 29 U.S.C. 711(c))
Stipend means financial assistance on behalf of individuals in
support of their training, as opposed to salary payment for services
provided within the project.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Vocational rehabilitation services means --
(1) Evaluation of vocational rehabilitation potential, including
diagnostic and related services incidental to the determination of
eligibility for, and the nature and scope of services to be provided;
(2) Counseling and guidance, including personal adjustment
counseling, to maintain a counseling relationship throughout a program
of services for an individual with handicaps, and referral necessary to
help individuals with handicaps secure needed services from other
agencies;
(3) Physical and mental restoration services; necessary to correct
or substantially modify a physical or mental condition which is stable
or slowly progressive;
(4) Vocational and other training services, including personal and
vocational adjustment, books, tools, and other training materials;
(5) Maintenance;
(6) Transportation;
(7) Services to family members of an individual with handicaps if
necessary to the vocational rehabilitation of the individual with
handicaps;
(8) Interpreter services for the deaf, including tactile interpreting
for deaf-blind individuals;
(9) Reader services, rehabilitation teaching services, and
orientation and mobility services for the blind;
(10) Telecommunications, sensory and other technological aids and
devices;
(11) Recruitment and training services to provide new employment
opportunities in the fields of rehabilitation, health, welfare, public
safety, law enforcement and other appropriate public service employment;
(12) Placement in suitable employment;
(13) Post-employment services necessary to maintain suitable
employment;
(14) Occupational licenses;
(15) Rehabilitation engineering services; and
(16) Other goods and services that can reasonably be expected to
benefit an individual with handicaps in terms of employability.
(Authority: Sec. 103(a) of the Act; 29 U.S.C. 723(a))
(45 FR 86379, Dec. 30, 1980, as amended at 50 FR 38631, Sept. 23,
1985; 53 FR 17146, May 13, 1988)
34 CFR 385.4 Subpart B -- (Reserved)
34 CFR 385.4 Subpart C -- How Does One Apply for a Grant?
34 CFR 385.20 What are the application procedures for these programs?
The Secretary gives the State vocational rehabilitation unit an
opportunity to review and comment on applications submitted from within
the State that it serves. The procedures to be followed by the
applicant and the State are in EDGAR 75.155-75.159.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 385.20 Subpart D -- How Does the Secretary Make a Grant?
385.30 (Reserved)
34 CFR 385.31 How does the Secretary evaluate an application?
(a) The Secretary evaluates each application on the basis of general
selection criteria identified in 385.32 and specific selection criteria
identified in parts 386, 387, 388, 389 and 390. The maximum possible
score for each complete criterion under each category of training is
stated in parentheses in 386.31, 387.31, 388.31, 389.31, and 390.31.
The number of points awarded each criterion depends on how well the
application meets all the elements under that criterion.
(b) The Secretary awards up to 100 possible points for these
selection criteria.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 385.32 What general selection criteria does the Secretary use in
reviewing an application?
(a) Plan of operation. (1) The Secretary reviews each application
for information that shows the quality of the plan of operation for the
project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective;
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Persons with handicaps;
(B) The elderly;
(C) Women; and
(D) Members of racial or ethnic minority groups.
(b) Quality of key personnel. (1) The Secretary reviews each
application for information that shows the quality of key personnel
proposed for the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (2)(i) and
(ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Persons with handicaps;
(B) The elderly;
(C) Women; and
(D) Members of racial or ethnic minority groups.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(c) Budget and cost effectiveness. (1) The Secretary reviews each
application for information that shows that the project has an adequate
budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities;
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (1) The Secretary reviews each application for
information that shows the quality of the evaluation plan for the
project.
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project, and to the extent
possible, are objective, and produce data that are quantifiable.
(e) Adequacy of resources. (1) The Secretary reviews each
application for information that shows that the applicant plans to
devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the application plans to use are adequate;
and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Secs. 12(c) and 304 of the Act; 29 U.S.C. 711(c) and
774)
(45 FR 86379, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988;
53 FR 49145, Dec. 6, 1988)
34 CFR 385.33 What other factors does the Secretary consider in
reviewing an application?
In addition to the selection criteria listed in 385.32 and parts 386
through 390, the Secretary, in making awards under this program,
considers such factors as --
(a) The geographical distribution of projects in each Rehabilitation
Training Program category throughout the country; and
(b) The past performance of the applicant in carrying out similar
training activities under previously awarded grants, as indicated by
such factors as compliance with grant conditions, soundness of
programmatic and financial management practices and attainment of
established project objectives.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 385.33 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 385.40 What are the requirements pertaining to the membership of
a project advisory committee?
If a project funded under parts 386 through 390 establishes an
advisory committee, its membership must include individuals with
handicaps or representatives of individuals with handicaps, trainees,
and providers of vocational rehabilitation and independent living
rehabilitation services.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(53 FR 17147, May 13, 1988)
34 CFR 385.41 What are the requirements affecting the collection of
data from State agencies?
If the collection of data is necessary from individuals with
handicaps being served by two or more State agencies or from employees
of two or more of these agencies, the project director must submit
requests for the data to appropriate representatives of the affected
agencies, as determined by the Secretary. This requirement also applies
to employed project staff and individuals enrolled in courses of study
supported under these programs.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(45 FR 86379, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988)
34 CFR 385.42 What are the requirements affecting the dissemination of
training materials?
A set of any training materials developed under the Rehabilitation
Training Program must be submitted to any information clearinghouse
designated by the Secretary.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 385.43 What requirement applies to the training of
rehabilitation counselors?
Any grantee who provides training of rehabilitation counselors under
any of the programs in 34 CFR parts 386-390 shall train those counselors
in the applicability of the provisions of Section 504 of the Act or
ensure that those counselors are knowledgeable in the applicability of
those provisions.
(Authority: Sec. 304(a) of the Act; 29 U.S.C. 774(a))
(50 FR 38631, Sept. 23, 1985)
34 CFR 385.44 What requirement applies to the training of individuals
with handicaps?
Any grantee or contractor who provides training under any of the
programs in 34 CFR parts 386 through 390 shall give due regard to the
training of individuals with handicaps as part of its effort to increase
the number of qualified personnel available to provide rehabilitation
services.
(Authority: Sec. 304(a) of the Act; 29 U.S.C. 774.(a))
(53 FR 17147, May 13, 1988)
34 CFR 385.44 PART 386 -- REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING
34 CFR 385.44 Subpart A -- General
Sec.
386.1 What is the Rehabilitation Long-Term Training Program?
386.2 Who is eligible for assistance under this program?
386.3 What regulations apply to this program?
386.4 What definitions apply to this program?
34 CFR 385.44 Supart B -- What Kinds of Projects Does the Department of
Education Assist Under This Program?
386.10 What types of projects are authorized under this program?
34 CFR 385.44 Subpart C -- (Reserved)
34 CFR 385.44 Subpart D -- How Does the Secretary Make a Grant?
386.30 What selection criteria are used under this program?
34 CFR 385.44 Subpart E -- What Conditions Must Be Met by a Grantee?
386.40 What are the matching requirements?
386.41 What are allowable costs?
386.42 What are the requirements affecting applicants for and
recipients of training awards?
386.43 What are the additional requirements affecting scholars?
386.44 What assurances must be provided by a grantee that intends to
provide scholarships?
386.45 Under what circumstances does the Secretary grant a deferral
or exception to performance or repayment under a scholarship agreement?
386.46 What must a scholar do to obtain a deferral or exception to
performance or repayment under a scholarship agreement?
386.47 What are the consequences of a scholar's failure to meet the
terms and conditions of a scholarship agreement?
Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
Source: 45 FR 86381, Dec. 30, 1980, unless otherwise noted.
34 CFR 385.44 Subpart A -- General
34 CFR 386.1 What is the Rehabilitation Long-Term Training Program?
This program is designed to provide academic and non-academic
training in areas of personnel shortages identified by the Secretary and
published as a notice in the Federal Register. These areas may include
--
(a) Rehabilitation engineering;
(b) Rehabilitation medicine;
(c) Rehabilitation nursing;
(d) Rehabilitation counseling;
(e) Rehabilitation social work;
(f) Rehabilitation psychiatry;
(g) Rehabilitation psychology;
(h) Rehabilitation dentistry;
(i) Physical therapy;
(j) Occupational therapy;
(k) Speech-language pathology and audiology;
(l) Physical education;
(m) Therapeutic recreation;
(n) Rehabilitation facility administration;
(o) Vocational evaluation and work adjustment;
(p) Rehabilitation workshop and facility personnel;
(q) Prosthetics and orthotics;
(r) Rehabilitation of the blind;
(s) Rehabilitation of the deaf;
(t) Rehabilitation of the mentally ill;
(u) Rehabilitation job development and job placement;
(v) Specialized personnel for supported employment;
(w) Undergraduate education in the rehabilitation services;
(x) Rehabilitation administration;
(y) Independent living;
(z) Client assistance; and
(aa) Other fields contributing to the rehabilitation of individuals
with handicaps, especially individuals with severe handicaps, including
homebound or institutionalized individuals.
(Authority: Secs. 304 (a) and (b) of the Act; 29 U.S.C. 774 (a) and
(b))
(52 FR 30556, Aug. 14, 1987)
34 CFR 386.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible for assistance under this
program are described in 34 CFR 385.2.
(Authority: Sec. 304(a) of the Act; 29 U.S.C. 774(a))
34 CFR 386.3 What regulations apply to this program?
The following regulations apply to this program:
(a) 34 CFR part 385 (Rehabilitation Training); and
(b) The regulations in this part 386.
(Authority: Sec. 304 of the Act; 29 U.S.C. 774)
34 CFR 386.4 What definitions apply to this program?
The following definitions apply to this program:
(a) The definitions in 34 CFR part 385.
(b) The following definitions:
Academic year means a full-time course of study --
(1) Taken for a period totaling at least 9 months; or
(2) Taken for the equivalent of at least 2 semesters, 2 trimesters,
or 3 quarters.
Certificate means a recognized educational credential awarded by a
grantee under this part which attests to the completion of a specified
series of courses or program of study.
Related agency means --
(1) An American Indian rehabilitation program; or
(2) Any of the following agencies that provide services to
individuals with handicaps under an agreement with a State agency in the
area of specialty for which training is provided:
(i) A Federal, State or substate agency.
(ii) A nonprofit organization.
(iii) A for-profit sole professional practice.
Scholar means an individual who is enrolled in a certificate or
degree granting course of study in one of the areas listed in 386.1 and
who receives assistance under this part.
Scholarship means a training award to a scholar.
Training award means an award of financial assistance to an
individual for training in one or more of the areas designated in
386.1.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(52 FR 30556, Aug. 14, 1987)
34 CFR 386.4 Subpart B -- What Kinds of Projects Does the Department of Education Assist Under This Program?
34 CFR 386.10 What types of projects are authorized under this program?
The Rehabilitation Long-Term Training Program provides financial
assistance for --
(a) Projects that provide basic or advanced training leading to an
academic degree in one of those fields of study identified in 386.1.
(b) Projects that provide a number of interrelated training
activities designed to improve the professional competence of employed
rehabilitation workers in one of those fields of study indentified in
386.1 but not directly related to the awarding of an academic degree.
(c) Projects that provide undergraduate medical students an
orientation to the concepts and techniques of rehabilitation medicine.
(d) Projects that provide support for medical residents enrolled in
residency training programs in the specialty of physical medicine and
rehabilitation.
(Authority: Sec. 304(b) of the Act; 29 U.S.C. 774(b))
34 CFR 386.10 Subpart C -- (Reserved)
34 CFR 386.10 Subpart D -- How Does the Secretary Make A Grant?
34 CFR 386.30 What selection criteria are used under this program?
(a) Plan of operation. (30 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(a).
(b) Quality of key personnel. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(b).
(c) Budget and cost effectiveness. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(c).
(d) Evaluation plan. (5 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(d).
(e) Adequacy of resources. (5 points)
The Secretary evaluates each application on the basis of criterion in
385.32(e).
(f) Evidence of need. (10 points)
(1) The Secretary reviews each application for information that shows
that the need for the training project has been adequately justified.
(2) The Secretary looks for information that shows that the need for
the training project has been established in terms of rehabilitation
manpower supply and demand and includes an assessment of the potential
of existing programs within the geographical area to meet the employment
needs in the specific rehabilitation field for which grant support is
sought.
(g) Relevance to State-Federal rehabilitation service program. (10
points)
(1) The Secretary reviews each application for information that shows
that the proposed project appropriately relates to the mission of the
State/Federal rehabilitation service program.
(2) The Secretary looks for information that shows that the project
can be expected either to increase the supply of trained personnel
available to State and other public or nonprofit agencies involved in
the rehabilitation of physically or mentally handicapped individuals, or
to maintain and improve the skills and quality of professional personnel
in the rehabilitation fieled in which the training is to be provided.
(h) Nature and scope of curriculum. (20 points)
(1) The Secretary reviews each application for information that
demonstrates the adequacy of the proposed curriculum.
(2) The Secretary looks for information that shows --
(i) The scope and nature of the coursework reflect content that can
be expected to enable the achievement of the established project
objectives;
(ii) The curriculum and teaching methods provide for an integration
of theory and practice relevant to the educational objectives of the
program;
(iii) There is evidence of educationally focused practical and other
field experiences in settings that assure student involvement in the
provision of vocational rehabilitation or independent living
rehabilitation services to persons with handicaps, especially persons
with severe handicaps;
(iv) The didactic coursework includes student exposure to vocational
rehabilitation or independent living rehabilitation processes, concepts,
programs, and services; and
(v) There is evidence of current professional accreditation by the
designated accrediting agency in the professional field in which grant
support is being requested.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Secs. 12(c) and 304 of the Act; 29 U.S.C. 711(c) and
774)
(45 FR 86381, Dec. 30, 1980, as amended at 52 FR 30556, Aug. 14,
1987; 53 FR 49145, Dec. 6, 1988)
34 CFR 386.30 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 386.40 What are the matching requirements?
(a) A grantee must contribute to the cost of a project under this
program in an amount satisfactory to the Secretary.
The part of the costs to be borne by the grantee is determined by the
Secretary at the time of the award.
(b) The grantee is expected to furnish as large a part of the total
project cost as possible. In the case of academic training projects
with a multi-year project period, the grantee's share of the teaching
costs is expected to increase progressively in each succeeding year so
that total personnel costs are fully absorbed by the grantee at the
termination of the project period.
(Authority: Sec. 12(c) and 304 of the Act; 29 U.S.C. 711(c) and 774
(a))
34 CFR 386.41 What are allowable costs?
In addition to those allowable costs established in EDGAR
75.530-75.562, the following items are allowable under long-term
training projects.
(a) Student stipends;
(b) Tuition and fees; and
(c) Student travel in conjunction with training assignments.
(Authority: Secs. 12(c) and 304(a) of the Act; 29 U.S.C. 711(c) and
774 (a))
34 CFR 386.42 What are the requirements affecting applicants for and
recipients of training awards?
(a) An individual applying for a training award --
(1)(i) Shall produce documentation that the individual is --
(A) A U.S. citizen or national; or
(B) A permanent resident of the Republic of the Marshall Islands,
Federated States of Micronesia, Republic of Palau, or the Commonwealth
of the Northern Mariana Islands; or
(ii) Shall produce documentation from the U.S. Immigration and
Naturalization Service that he or she --
(A) Is a lawful permanent resident of the United States; or
(B) Is in the United States for other than a temporary purpose with
the intention of becoming a citizen or permanent resident; and
(2) Must not be an employee of the Federal government;
(3) Shall express interest in a career in clinical practice,
administration, supervision, teaching, or research in the vocational
rehabilitation or independent living rehabilitation of persons with
handicaps, especially persons with severe handicaps; and
(4) Shall provide assurances that the individual expects to maintain
or seek employment in a State vocational rehabilitation agency or in a
nonprofit rehabilitation or related agency providing services to
individuals with handicaps or individuals with severe handicaps under an
agreement with a State agency.
(b) An individual who receives a training award --
(1) Shall receive the training at the educational institution or
agency designated in the training award; and
(2) Must not accept payment of educational allowances from any other
Federal, State, or local public or private nonprofit agency if that
allowance is conditioned on an employment obligation that conflicts with
the individual's obligation under 386.42(a)(4) or 386.44(c)(1).
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: Secs. 12(c) and 304(b) of the Act; 29 U.S.C. 711(c) and
774(b))
(52 FR 30556, Aug. 14, 1987)
34 CFR 386.43 What are the additional requirements affecting scholars?
(a) Requirements for a scholar. A scholar shall --
(1) Enter into a written agreement with grantee that meets the terms
and conditions required in 386.44;
(2) Be enrolled in a course of study leading to a certificate or
degree in one of the fields designated in 386.1; and
(3) Maintain satisfactory progress toward the certificate or degree
as determined by the grantee.
(b) Limits on scholarships. (1) Assistance is limited to the
individual's cost of attendance at the institution for no more than four
academic years except that the grantee may allow one additional academic
year if the grantee determines that an individual has a handicap that
seriously affects the completion of the course of study.
(2) If a scholarship, when added to the amount the scholar is to
receive for the same academic year under title IV of the Higher
Education Act, would otherwise exceed the scholar's cost of attendance,
the grantee shall reduce the scholarship by the amount in which the
combined awards would be in excess of the cost of attendance.
(Authority: Secs. 12(c) and 304(b) of the Act; 29 U.S.C. 711(c) and
774(b))
(52 FR 30557, Aug. 14, 1987)
34 CFR 386.44 What assurances must be provided by a grantee that
intends to provide scholarships?
A grantee under this part that intends to grant scholarships shall
provide the following assurances:
(a) Requirement for agreement. No individual will be provided a
scholarship without entering into a written agreement containing the
terms and conditions required by this section.
(b) Disclosure to applicants. The terms and conditions of the
agreement that the grantee will enter into with a scholar will be fully
disclosed in the application for scholarship.
(c) Form and terms of agreement. Each scholarship agreement with a
grantee will be in such form and contain such terms as the Secretary
requires, including at a minimum the following provisions:
(1) Within the ten-year period after cessation of enrollment in the
course of study for which the scholarship is awarded, the scholar will
obtain and maintain employment -- in a State rehabilitation agency or in
a nonprofit rehabilitation or related agency providing services to
individuals with handicaps under an agreement with a State agency -- on
a full-time basis for a period of not less than two years for each
academic year for which a scholarship is received. The work requirement
for portions of an academic year are prorated.
(2) The employment obligation in paragraph (c)(1) of this section as
applied to a part-time scholar is based on the accumulated academic
years of training for which scholarship is received.
(3) Until the scholar has satisfied the employment obligation
described in paragraph (c)(1) of this section, the scholar will inform
the grantee of any change of name, address or employment status and will
document employment satisfying the terms of the agreement.
(4) Subject to the provisions in 386.45 regarding a waiver or
deferral, when the scholar enters repayment status under 386.47(e), the
amount of the scholarship that has not been retired through eligible
employment will constitute a debt owed the United States that --
(i) Will be repaid by the scholar, including interest and costs of
collection as provided in 386.47; and
(ii) May be collected by the Secretary in accordance with 34 CFR part
30, in the case of the scholar's failure to meet the obligation of
386.47.
(d) Executed agreement. The grantee will provide an original
executed agreement to the Secretary.
(e) Standards for satisfactory progress. The grantee establishes,
publishes, and applies reasonable standards for measuring whether a
scholar is maintaining satisfactory progress in the scholar's course of
study. The Secretary considers an institution's standards to be
reasonable if the standards --
(1) Conform with the standards of satisfactory progress of the
nationally recognized accrediting agency that accredits the institution,
if the institution is accredited by such an agency, and if the agency
has such standards;
(2) For a scholar enrolled in an eligible program who is to receive
assistance under the Rehabilitation Act, are the same as or stricter
than the institution's standards for a student enrolled in the same
academic program who is not receiving assistance under the
Rehabilitation Act; and
(3) Include the following elements:
(i) Grades, work projects completed, or comparable factors which are
measurable against a norm;
(ii) A maximum time frame in which the scholar must complete the
scholar's educational objective, degree, or certificate. The time frame
shall be --
(A) Determined by the institution;
(B) Based on the scholar's enrollment status; and
(C) Divided into increments, not to exceed one academic year. At the
end of each increment, the institution shall determine whether the
scholar has successfully completed a minimum percentage of work toward
the scholar's educational objective, degree, or certificate for all
increments completed. The minimum percentage of work shall be the
percentage represented by the number of increments completed by the
scholar compared to the maximum time frame set by the institution;
(iii) Consistent application of standards to all scholars within
categories of students e.g., full-time, part-time, undergraduates,
graduate students and programs established by the institution;
(iv) Specific policies defining the effect of course incompletes,
withdrawals, repetitions, and noncredit remedial courses on satisfactory
progress; and
(v) Specific procedures for appeal of a determination that a scholar
is not making satisfactory progress and for reinstatement of aid.
(f) Tracking system. The grantee has established policies and
procedures to determine compliance of the scholar with the terms of the
agreement.
(g) Reports. The grantee makes reports to the Secretary that are
necessary to carry out the Secretary's functions under this part.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: Secs. 12(c) and 304(b) of the Act; 29 U.S.C. 711(c) and
774(b))
(52 FR 30557, Aug. 14, 1987)
34 CFR 386.45 Under what circumstances does the Secretary grant a
deferral or exception to performance or repayment under a scholarship
agreement?
A deferral or repayment exception to the requirements of
386.44(c)(1) may be granted, in whole or part, by the Secretary as
follows:
(a) Repayment is not required if the scholar --
(1) Is unable to continue the course of study or perform the work
obligation because of an impairment that is expected to continue
indefinitely or result in death; or
(2) Has died.
(b) Repayment of a scholarship may be deferred during the time the
scholar is --
(1) Engaging in a full-time course of study at an institution of
higher education;
(2) Serving, not in excess of three years, on active duty as a member
of the armed services of the United States;
(3) Serving as a volunteer under the Peace Corps Act;
(4) Serving as a full-time volunteer under title I of the Domestic
Volunteer Service Act of 1973;
(5) Temporarily totally disabled, for a period not to exceed three
years; or
(6) Unable to secure employment as required by the agreement by
reason of the care provided to a disabled spouse for a period not to
exceed twelve months.
(Authority: Secs. 12(c) and 304(b) of the Act; 29 U.S.C. 711(c) and
744(b))
(52 FR 30558, Aug. 14, 1987)
34 CFR 386.46 What must a scholar do to obtain a deferral or exception
to performance or repayment under a scholarship agreement?
(a) Written application. A written application must be made to the
Secretary to request a deferral or an exception to performance or
repayment of a scholarship.
(b) Documentation. (1) Documentation must be provided to
substantiate the grounds for a deferral or exception.
(2) Documentation necessary to substantiate an exception under
386.45(a)(1) or a deferral under 386.45(b)(5) must include a sworn
affidavit from a qualified physician.
(3) Documentation to substantiate an exception under 386.45(a)(2)
must include a death certificate or other evidence conclusive under
State law.
(Approved by the Office of Management and Budget under control number
1820-0028)
(Authority: Secs. 12(c) and 304(b) of the Act; 29 U.S.C. 711(c) and
744(b))
(52 FR 30558, Aug. 14, 1987)
34 CFR 386.47 What are the consequences of a scholar's failure to meet
the terms and conditions of a scholarship agreement?
In the event of a failure to meet the terms and conditions of a
scholarship agreement or to obtain a deferral or an exception as
provided in 386.45, the scholar shall repay all or part of the
scholarship.
(a) Amount. The amount of scholarship to be repaid is proportional
to the employment obligation not completed.
(b) Interest rate. The Secretary charges the scholar interest on the
unpaid balance owed in accordance with 31 U.S.C. 3717.
(c) Interest accrual. (1) Interest on the unpaid balance accrues
from the date the scholar is determined to have entered repayment status
under paragraph (e) of this section.
(2) Any accrued interest is capitalized at the time the scholar's
repayment schedule is established.
(3) No interest is charged for the period of time during which
repayment has been deferred under 386.45.
(d) Collection costs. Under the authority of 31 U.S.C. 3717, the
Secretary may impose reasonable collection costs.
(e) Repayment status. A scholar enters repayment status on the first
day of the first calendar month after the earliest of the following
dates, as applicable:
(1) The date the scholar informs the Secretary he or she does not
plan to fulfill the employment obligation under the agreement.
(2) Any date when the scholar's failure to begin or maintain
employment makes it impossible for that individual to complete the
employment obligation within the ten years after cessation of enrollment
in the course of study.
(f) Amounts and frequency of payment. The scholar shall make
payments to the Secretary that cover principal, interest, and collection
costs according to a schedule established by the Secretary.
(Authority: Secs. 12(c) and 304(b) of the Act; 29 U.S.C. 711(c) and
744(b))
(52 FR 30558, Aug. 14, 1987)
34 CFR 386.47 PART 387 -- EXPERIMENTAL AND INNOVATIVE TRAINING
34 CFR 386.47 Subpart A -- General
Sec.
387.1 What is the Experimental and Innovative Training Program?
387.2 Who is eligible for assistance under this program?
387.3 What regulations apply to this program?
387.4 What definitions apply to this program?
34 CFR 386.47 Subpart B -- What Kinds of Projects Does the Department
of Education Assist Under This Program?
387.10 What types of projects are authorized under this program?
34 CFR 386.47 Subpart C -- (Reserved)
34 CFR 386.47 Subpart D -- How Does the Secretary Make a Grant?
387.30 What selection criteria are used under this program?
34 CFR 386.47 Subpart E -- What Conditions Must Be Met by a Grantee?
387.40 What are the matching requirements?
387.41 What are the allowable costs?
Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
Source: 45 FR 86383, Dec. 30, 1980, unless otherwise noted.
34 CFR 386.47 Subpart A -- General
34 CFR 387.1 What is the Experimental and Innovative Training Program?
This program is designed --
(a) To develop new types of training programs for rehabilitation
personnel and to demonstrate the effectiveness of these new types of
training programs for rehabilitation personnel in providing
rehabilitation services to persons with severe handicaps; and
(b) To develop new and improved methods of training rehabilitation
personnel so that there may be a more effective delivery of
rehabilitation services by State and other rehabilitation agencies.
(Authority: Sec. 304 of the Act; 29 U.S.C. 774)
(45 FR 86383, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988)
34 CFR 387.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible for assistance under this
program are described in 34 CFR 385.2.
(Authority: Sec. 304(a) of the Act; 29 U.S.C. 774(a))
34 CFR 387.3 What regulations apply to this program?
(a) 34 CFR part 385 (Rehabilitation Training); and
(b) The regulations in this part 387.
(Authority: Sec. 304 of the Act; 29 U.S.C. 774)
34 CFR 387.4 What definitions apply to this program?
The definitions in 34 CFR part 385 apply to this program.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 387.4 Subpart B -- What Kinds of Projects Does the Department of Education Assist Under This Program?
34 CFR 387.10 What types of projects are authorized under this program?
The Experimental and Innovative Training Program supports
time-limited pilot projects through which new types of rehabilitation
workers may be trained or through which innovative methods of training
rehabilitation workers may be demonstrated.
(Authority: Sec. 304(b) of the Act; 29 U.S.C. 744(b))
34 CFR 387.10 Subpart C -- (Reserved)
34 CFR 387.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 387.30 What selection criteria are used under this program?
(a) Plan of operation. (25 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(a).
(b) Quality of key personnel. (15 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(b).
(c) Budget and cost effectiveness. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(c).
(d) Evaluation plan. (15 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(d).
(e) Adequacy of resources. (5 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(e).
(f) Evidence of need. (10 points)
(1) The Secretary reviews each application for information that shows
that the need for the training project has been adequately justified.
(2) The Secretary looks for information that shows that --
(i) The proposed project represents an experimental or innovative
approach to the training of rehabilitation workers and provides for the
training of new types of rehabilitation workers or the development of
innovative training methodologies; and
(ii) The need for the training program has been justified and
includes an assessment of the potential of existing training programs of
a traditional nature to meet the personnel needs in the rehabilitation
field for which support is sought.
(g) Relevance to State-Federal rehabilitation service program. (10
points)
(1) The Secretary reviews each application for information that shows
that the proposed project appropriately relates to the mission of the
State-Federal rehabilitation service program.
(2) The Secretary looks for information that shows that the project
can be expected either to increase the supply of trained personnel
available to public and private agencies involved in the rehabilitation
of individuals with handicaps or maintain and improve the skills and
quality of rehabilitation workers.
(h) Nature and scope of curriculum. (10 points)
(1) The Secretary reviews each application for information that
demonstrates the adequacy and scope of the proposed curriculum.
(2) The Secretary looks for information that shows that --
(i) The scope and nature of the training content can be expected to
enable the achievement of the established project objectives of the
training project;
(ii) The curriculum and teaching methods provide for an integration
of theory and practice relevant to the educational objectives of the
program;
(iii) There is evidence of educationally focused practicum or other
field experiences in settings that assure student involvement in the
provision of vocational rehabilitation or independent living
rehabilitation services to persons with handicaps, especially those who
have severe handicaps; and
(iv) The didactic coursework includes student exposure to vocational
rehabilitation or independent living rehabilitation processes, concepts,
programs, and services.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Sec. 12(c) and 304 of the Act; 29 U.S.C. 711(c) and
774)
(45 FR 86383, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988;
53 FR 49146, Dec. 6, 1988)
34 CFR 387.30 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 387.40 What are the matching requirements?
A grantee must contribute to the cost of a project under this program
in an amount satisfactory to the Secretary. The part of the costs to be
borne by the grantee is determined by the Secretary at the time of the
grant award.
(Authority: Sec. 12(c) and 304(a) of the Act; 29 U.S.C. 711(c) and
774(a))
34 CFR 387.41 What are allowable costs?
In addition to those allowable costs established under EDGAR
75.530-75.562, the following items are allowable under experimental and
innovative training projects --
(a) Student stipends;
(b) Tuition and fees; and
(c) Student travel in conjunction with training assignments.
(Authority: Sec. 12(c) and 304(a) of the Act; 29 U.S.C. 711(c) and
774(a))
34 CFR 387.41 PART 388 -- STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
34 CFR 387.41 Subpart A -- General
Sec.
388.1 What is the State Vocational Rehabilitation Unit In-Service
Training Program?
388.2 Who is eligible for assistance under this program?
388.3 What regulations apply to this program?
388.4 What definitions apply to this program?
34 CFR 387.41 Subpart B -- What Kinds of Projects Does the Department
of Education Assist Under This Program?
388.10 What types of projects are authorized under this program?
388.11 What specific activities may be supported under this program?
34 CFR 387.41 Subpart C -- (Reserved)
34 CFR 387.41 Subpart D -- How Does the Secretary Make a Grant?
388.30 What selection criteria does the Secretary use in this
program?
34 CFR 387.41 Subpart E -- What Conditions Must Be Met by a Grantee?
388.40 What are the matching requirements?
388.41 What are the allowable costs?
Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
Source: 45 FR 86384, Dec. 30, 1980, unless otherwise noted.
34 CFR 387.41 Subpart A -- General
34 CFR 388.1 What is the State Vocational Rehabilitation Unit
In-Service Training Program?
This program is designed to support special projects for training
State vocational rehabilitation unit personnel in program areas
essential to the effective management of the unit's program of
vocational rehabilitation services or in skill areas which will enable
staff personnel to improve their ability to provide vocational
rehabilitation services to individuals with severe handicaps.
(Authority: Sec. 304 of the Act; 29 U.S.C. 774)
(45 FR 86384, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988)
34 CFR 388.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible for assistance under this
program are described in 34 CFR 385.2.
(Authority: Sec. 304(a) of the Act; 29 U.S.C. 744(a))
34 CFR 388.3 What regulations apply to this program?
The following regulations apply to this program:
(a) 34 CFR part 385 (Rehabilitation Training); and
(b) The regulations in this part 388.
(Authority: Sec. 304 of the Act; 29 U.S.C. 744)
34 CFR 388.4 What definitions apply to this program?
The definitions in 34 CFR part 385 apply to this program.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 388.4 Subpart B -- What Kinds of Projects Does the Department of Education Assist Under This Program?
34 CFR 388.10 What types of projects are authorized under this program?
State vocational rehabilitation unit in-service training projects are
concerned with the staff development and training of State vocational
rehabilitation unit personnel in order to assure an improved level of
competence in serving State unit clients and to assist in expanding and
improving vocational rehabilitation services for individuals with
handicaps, especially those with the most severe handicaps.
(Authority: Sec. 304(b) of the Act; 29 U.S.C. 774(b))
(45 FR 86384, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988)
34 CFR 388.11 What specific activities may be supported under this
program?
(a) Training activities supported under a State vocational
rehabilitation unit in-service training grant focus primarily on program
areas that are essential to the State unit's operation, or on skill
areas that will enable staff personnel to improve their ability to
function on their job, or prepare for positions of greater
responsibility within the unit, or to correct deficiencies identified in
the State program.
(b) Training methods may include --
(1) The development of State unit training institutes concerned with
special aspects of State unit administration or service provision;
(2) Attendance for individual employees or groups of employees at
special courses conducted in cooperation with an educational
institution;
(3) Individualized directed study in priority areas of State unit
service or practice; and
(4) Maintenance of agency instructional library resources for books,
films, tapes and other resources.
(Authority: Sec. 304(b) of the Act; 29 U.S.C. 744(b))
34 CFR 388.11 Subpart C -- (Reserved)
34 CFR 388.11 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 388.30 What selection criteria does the Secretary use in this
program?
(a) Plan of operation. (25 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(a).
(b) Quality of key personnel. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(b).
(c) Budget and cost effectiveness. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(c).
(d) Evaluation plan. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(d).
(e) Adequacy of resources. (5 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(e).
(f) Evidence of need. (15 points)
(1) The Secretary reviews each application for information that shows
the need for the in-service training has been adequately justified.
(2) The Secretary looks for information that shows --
(i) The State unit has conducted a needs assessment of the in-service
training needs of State unit employees; and
(ii) The State unit in-service training plan responds to needs
identified on the basis of the training needs assessment.
(g) Relevance to State/Federal rehabilitation service program. (10
points)
(1) The Secretary reviews each application for information that shows
that the proposed project appropriately relates to the mission of the
State/Federal rehabilitation service program.
(2) The Secretary looks for information that shows the proposed
project can be expected to improve the competence of State vocational
rehabilitation unit personnel in providing vocational rehabilitation
services to individuals with handicaps or in otherwise contributing to
the more effective management of the State unit program.
(h) Nature and scope of training program. (15 points)
(1) The Secretary reviews each application for information that
demonstrates the adequacy and scope of the proposed training program
content.
(2) The Secretary looks for information that shows --
(i) The scope and nature of the training activities reflect content
that can be expected to enable the achievement of the established
project objectives;
(ii) The program primarily includes an integrated sequence of --
(A) Workshops, seminars, and other special courses for counselors and
other classes of State unit personnel concerned with State unit
procedures;
(B) Concentrated training activities focusing on improving State unit
staff skills in working with specific groups of persons with severe
handicaps; and
(C) Directed individualized or group staff development activities
designed to enable selected staff to acquire special skills.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Sec. 12(c) and 304 of the Act; 29 U.S.C. 711(c) and
774)
(45 FR 86384, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988;
53 FR 49146, Dec. 6, 1988)
34 CFR 388.30 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 388.40 What are the matching requirements?
The Secretary may make grants for paying part of the costs of
projects under this program. The grantee must provide at least 10
percent of the total costs of the project.
(Authority: Sec. 12(c) and 304(a) of the Act; 29 U.S.C. 711(c) and
744(a))
34 CFR 388.41 What are the allowable costs?
In addition to those allowable costs established in EDGAR
75.530-75.562, the following items are allowable under State vocational
rehabilitation unit in-service training projects:
(a) Trainee per diem costs;
(b) Trainee travel in connection with a training course; and
(c) Trainee tuition and fees.
(Authority: Sec. 12(c) and 304(a) of the Act; 29 U.S.C. 711(c) and
774(a))
34 CFR 388.41 PART 389 -- REHABILITATION CONTINUING EDUCATION PROGRAMS
34 CFR 388.41 Subpart A -- General
Sec.
389.1 What is the Rehabilitation Continuing Education Program?
389.2 Who is eligible for assistance under this program?
389.3 What regulations apply to this program?
389.4 What definitions apply to this program?
34 CFR 388.41 Subpart B -- What Kinds of Projects Does the Department
of Education Assist Under This Program?
389.10 What types of projects are authorized under this program?
34 CFR 388.41 Subpart C -- (Reserved)
34 CFR 388.41 Subpart D -- How Does the Secretary Make a Grant?
389.30 What selection criteria does the Secretary use in this
program?
34 CFR 388.41 Subpart E -- What Conditions Must Be Met by a Grantee?
389.40 What are the matching requirements?
389.41 What are allowable costs?
Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
Source: 45 FR 86385, Dec. 30, 1980, unless otherwise noted.
34 CFR 388.41 Subpart A -- General
34 CFR 389.1 What is the Rehabilitation Continuing Education Program?
This program is designed to support training centers that serve
either a Federal region or another geographical area and provide for a
broad integrated sequence of training activities that focus on meeting
recurrent and common training needs of employed rehabilitation personnel
throughout a multi-State geographical area.
(Authority: Sec. 304 of the Act; 29 U.S.C. 774)
34 CFR 389.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible for assistance under this
program are described in 34 CFR 385.2.
(Authority: Sec. 304(a) of the Act; 29 U.S.C. 774(a))
34 CFR 389.3 What regulations apply to this program?
The following regulations apply to this program --
(a) 34 CFR part 385 (Rehabilitation Training); and
(b) The regulations in this part 389.
(Authority: Sec. 304 of the Act; 29 U.S.C. 774)
34 CFR 389.4 What definitions apply to this program?
The definitions in 34 CFR part 385 apply to this program.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 389.4 Subpart B -- What Kinds of Projects Does the Department of Education Assist Under This Program?
34 CFR 389.10 What types of projects are authorized under this program?
Rehabilitation Continuing Education Programs --
(a) Train newly employed State agency staff at the administrative,
supervisory, professional, subprofessional, or clerical levels in order
to develop needs skills for effective agency performance;
(b) Provide training opportunities for experienced State agency
personnel at all levels of State agency practice to upgrade their skills
and to develop mastery of new program developments dealing with
significant issues, priorities and legislative thrusts of the
State/Federal vocational rehabilitation program; and
(c) Develop and conduct training programs for staff of --
(1) Private rehabilitation agencies and facilities which cooperate
with State vocational rehabilitation units in providing vocational
rehabilitation and other rehabilitation services;
(2) Centers for independent living; and
(3) Client assistance programs.
(Authority: Sec. 304(a) and (b) of the Act; 29 U.S.C. 774(a) and
(b))
(45 FR 86385, Dec. 30, 1980, as amended at 50 FR 38631, Sept. 23,
1985)
34 CFR 389.10 Subpart C -- (Reserved)
34 CFR 389.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 389.30 What selection criteria does the Secretary use in this
program?
(a) Plan of operation. (25 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(a).
(b) Quality of key personnel. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(b).
(c) Budget and cost effectiveness. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(c).
(d) Evaluation plan. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(d).
(e) Adequacy of resources. (5 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(e).
(f) Evidence of need. (15 points)
(1) The Secretary reviews each application for information that shows
the need for the Rehabilitation Continuing Education Program has been
adequately justified.
(2) The Secretary looks for information that shows the need for the
training program has been justified and includes an assessment of the
potential of existing programs within the geographical area (including
State vocational rehabilitation unit in-service training) to meet the
needs for which support is sought.
(g) Relevance to State/Federal rehabilitation service program. (10
points)
(1) The Secretary reviews each application for information that shows
the proposed project appropriately relates to the mission of the
State/Federal rehabilitation service program.
(2) The Secretary looks for information that the proposed project can
be expected to improve the competence of professional and other
personnel employed in the rehabilitation agencies serving individuals
with severe handicaps.
(h) Nature and scope of training program. (15 points)
(1) The Secretary reviews each application for information that
demonstrates the adequacy and scope of the proposed training program
content.
(2) The Secretary looks for information that shows --
(i) The scope and nature of the training activities reflect content
that can be expected to enable the achievement of the established
project objectives of the training project.
(ii) The program and teaching methods provide for an integration of
theory and practice relevant to the educational objectives of the
program.
(iii) The program includes a broad intergrated sequence of training
activities for employed rehabilitation workers.
(iv) The program primarily includes coursework which can be expected
to be needed on a recurrent basis throughout the multi-State
geographical area to be served.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(45 FR 86385, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988;
53 FR 49146, Dec. 6, 1988)
34 CFR 389.30 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 389.40 What are the matching requirements?
A grantee must contribute to the cost of a project under this program
in an amount satisfactory to the Secretary. The part of the cost to be
borne by the grantee is determined by the Secretary at the time of the
grant award.
(Authority: Secs. 12(c) and 304(a) of the Act; 29 U.S.C. 711(c) and
774(a))
34 CFR 389.41 What are allowable costs?
In addition to those allowable costs established under EDGAR
75.530-75.562, the following items are allowable under Rehabilitation
Continuing Education programs --
(a) Trainee per diem costs;
(b) Trainee travel in connection with a training course;
(c) Trainee tuition and fees; and
(d) Special accommodations for trainees with handicaps.
(Authority: Secs. 12(c) and 304(a) of the Act; 29 U.S.C. 711(c) and
774(a))
(45 FR 86385, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988)
34 CFR 389.41 PART 390 -- REHABILITATION SHORT-TERM TRAINING
34 CFR 389.41 Subpart A -- General
Sec.
390.1 What is the Rehabilitation Short-Term Training Program?
390.2 Who is eligible for assistance under this program?
390.3 What regulations apply to this program?
390.4 What definitions apply to this program?
34 CFR 389.41 Subpart B -- What Kinds of Projects Does the Department
of Education Assist Under This Program?
390.10 What types of projects are authorized under this program?
34 CFR 389.41 Subpart C -- (Reserved)
34 CFR 389.41 Subpart D -- How Does the Secretary Make a Grant?
390.30 What selection criteria does the Secretary use in this
program?
34 CFR 389.41 Subpart E -- What Conditions Must Be Met by a Grantee?
390.40 What are the matching requirements?
390.41 What are allowable costs?
Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
Source: 45 FR 86386, Dec. 30, 1980, unless otherwise noted.
34 CFR 389.41 Subpart A -- General
34 CFR 390.1 What is the Rehabilitation Short-Term Training Program?
This program is designed for the support of special seminars,
institutes, workshops and other short-term courses in technical matters
relating to the delivery of vocational, medical, social, and
psychological rehabilitation services.
(Authority: Secs. 21(a)(2) and 304(a) of the Act; 29 U.S.C.
711(a)(2) and 774(a))
34 CFR 390.2 Who is eligible for assistance under this program?
Those agencies and organizations eligible for assistance under this
program are described in 34 CFR 385.2.
(Authority: Sec. 304(a) of the Act; 29 U.S.C. 774(a))
34 CFR 390.3 What regulations apply to this program?
(a) 34 CFR part 385 (Rehabilitation Training); and
(b) The regulations in this part 390.
(Authority: Sec. 304 of the Act; 29 U.S.C. 774)
34 CFR 390.4 What definitions apply to this program?
The definitions in 34 CFR part 385 apply to this program.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
34 CFR 390.4 Subpart B -- What Kinds of Projects Does the Department of Education Assist Under This Program?
34 CFR 390.10 What types of projects are authorized under this program?
(a) Projects under this program are designed to provide short-term
training and technical instruction in areas of special significance to
the delivery of vocational, medical, social, and psychological
rehabilitation services.
(b) Short-term training projects may be of regional or national
scope.
(c) Conferences and meetings in which training is not the primary
focus may not be supported under this program.
(Authority: Secs. 12(a)(2) and 304 of the Act; 29 U.S.C. 711(a)(2)
and 774)
34 CFR 390.10 Subpart C -- (Reserved)
34 CFR 390.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 390.30 What selection criteria does the Secretary use in this
program?
(a) Plan of operation. (25 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(a).
(b) Quality of key personnel. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(b).
(c) Budget and cost effectiveness. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(c).
(d) Evaluation plan. (5 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(d).
(e) Adequacy of resources. (10 points)
The Secretary evaluates each application on the basis of the
criterion in 385.32(e).
(f) Evidence of need. (15 points)
(1) The Secretary reviews each application for information that shows
the need for the training project has been adequately justified.
(2) The Secretary looks for information that shows the need for the
training project that has been established and validated in terms of its
potential impact on the rehabilitation service delivery system.
(g) Relevance to State/Federal rehabilitation service program. (10
points)
(1) The Secretary reviews each application for information that shows
the proposed project appropriately relates to the mission of the
State/Federal rehabilitation service program.
(2) The Secretary looks for information that shows the proposed
project relates to the mission of the State/Federal rehabilitation
service program and can be expected to improve the skills and competence
of personnel engaged in the administration or delivery of rehabilitation
services, and others with an interest in the delivery of rehabilitation
services.
(h) Nature and scope of training program content. (15 points)
(1) The Secretary reviews each application for information that
demonstrates the adequacy and scope of the proposed training program
content.
(2) The Secretary reviews each application for information that shows
that --
(i) The educational objectives are clearly defined, measurable and
achievable; and
(ii) The proposed course content and methodology to develop and
implement the training can be expected to achieve the stated educational
objectives.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 711(c) and 774)
(45 FR 86386, Dec. 30, 1980, as amended at 53 FR 49146, Dec. 6, 1988)
34 CFR 390.30 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 390.40 What are the matching requirements?
A grantee must contribute to the cost of a project under this program
in an amount satisfactory to the Secretary. The part of the costs to be
borne by the grantee is determined by the Secretary at the time of the
award.
(Authority: Secs. 12(c) and 304(a) of the Act; 29 U.S.C. 711(c) and
774(a))
34 CFR 390.41 What are allowable costs?
(a) In addition to those allowable costs established in EDGAR
75.530-75.562, the following items are allowable under short-term
training projects:
(1) Trainee per diem costs;
(2) Trainee travel in connection with a training course;
(3) Trainee registration fees; and
(4) Special accommodations for trainees with handicaps.
(b) The preparation of training materials may not be supported under
a short-term training grant unless the materials are essential for the
conduct of the seminar, institute, workshop or other short course for
which the grant support has been provided.
(Authority: Secs. 12(c) and 304(a) of the Act; 29 U.S.C. 711(c) and
744(a))
(45 FR 86386, Dec. 30, 1980, as amended at 53 FR 17148, May 13, 1988)
34 CFR 390.41 PART 395 -- VENDING FACILITY PROGRAM FOR THE BLIND ON FEDERAL AND OTHER PROPERTY
34 CFR 390.41 Subpart A -- Definitions
Sec.
395.1 Terms.
34 CFR 390.41 Subpart B -- The State Licensing Agency
395.2 Application for designation as a State licensing agency;
general.
395.3 Application for designation as State licensing agency;
content.
395.4 State rules and regulations.
395.5 Approval of application for designation a State licensing
agency.
395.6 Vendor ownership of vending facilities.
395.7 The issuance and conditions of licenses.
395.8 Distribution and use of income from vending machines on Federal
property.
395.9 The setting aside of funds by the State licensing agency.
395.10 The maintenance and replacement of vending facility equipment.
395.11 Training program for blind individuals.
395.12 Access to program and financial information.
395.13 Evidentiary hearings and arbitration of vendor complaints.
395.14 The State Committee of Blind Vendors.
395.15 Use of nominee agreements.
395.16 Permit for the establishment of vending facilities.
395.17 Suspension of designation as State licensing agency.
34 CFR 390.41 Subpart C -- Federal Property Management
395.30 The location and operation of vending facilities for blind
vendors on Federal property.
395.31 Acquisition and occupation of Federal property.
395.32 Collection and distribution of vending machine income from
vending machines on Federal property.
395.33 Operation of cafeterias by blind vendors.
395.34 Application for permits.
395.35 Terms of permit.
395.36 Enforcement procedures.
395.37 Arbitration of State licensing agency complaints.
395.38 Reports.
Authority: Sec. 2, 49 Stat. 1559, as amended; 20 U.S.C. 107a.
Source: 42 FR 15802, Mar. 23, 1977, unless otherwise noted.
Redesignated at 45 FR 77369, Nov. 21, 1980, and further redesignated at
46 FR 5417, Jan. 19, 1981.
34 CFR 390.41 Subpart A -- Definitions
34 CFR 395.1 Terms.
Unless otherwise indicated in this part, the terms below are defined
as follows:
(a) Act means the Randolph-Sheppard Vending Stand Act (Pub. L.
74-732), as amended by Pub. L. 83-565 and Pub. L. 93-516, 20 U.S.C.,
ch. 6A, Sec 107.
(b) Blind licensee means a blind person licensed by the State
licensing agency to operate a vending facility on Federal or other
property.
(c) Blind person means a person who, after examination by a physician
skilled in diseases of the eye or by an optometrist, whichever such
person shall select, has been determined to have
(1) Not more than 20/200 central visual acuity in the better eye with
correcting lenses, or
(2) An equally disabling loss of the visual field as evidenced by a
limitation to the field of vision in the better eye to such a degree
that its widest diameter subtends an angle of no greater than 20 .
(d) Cafeteria means a food dispensing facility capable of providing a
broad variety of prepared foods and beverages (including hot meals)
primarily through the use of a line where the customer serves himself
from displayed selections. A cafeteria may be fully automatic or some
limited waiter or waitress service may be available and provided within
a cafeteria and table or booth seating facilities are always provided.
(e) Secretary means the Secretary of the Rehabilitation Services
Administration.
(f) Direct competition means the presence and operation of a vending
machine or a vending facility on the same premises as a vending facility
operated by a blind vendor, except that vending machines or vending
facilities operated in areas serving employees the majority of whom
normally do not have direct access (in terms of uninterrupted ease of
approach and the amount of time required to patronize the vending
facility) to the vending facility operated by a blind vendor shall not
be considered to be in direct competition with the vending facility
operated by a blind vendor.
(g) Federal property means any building, land, or other real property
owned, leased, or occupied by any department, agency or instrumentality
of the United States (including the Department of Defense and the U.S.
Postal Service), or any other instrumentality wholly owned by the United
States, or by any department or agency of the District of Columbia or
any territory or possession of the United States.
(h) Individual location installation or facility means a single
building or a self-contained group of buildings. In order for two or
more buildings to be considered to be a self-contained group of
buildings, such buildings must be located in close proximity to each
other, and a majority of the Federal employees housed in any such
building must regularly move from one building to another in the course
of official business during normal working days.
(i) License means a written instrument issued by the State licensing
agency to a blind person, authorizing such person to operate a vending
facility on Federal or other property.
(j) Management services means supervision, inspection, quality
control, consultation, accounting, regulating, in-service training, and
other related services provided on a systematic basis to support and
improve vending facilities operated by blind vendors. Management
services does not include those services or costs which pertain to the
on-going operation of an individual facility after the initial
establishment period.
(k) Net proceeds means the amount remaining from the sale of articles
or services of vending facilities, and any vending machine or other
income accruing to blind vendors after deducting the cost of such sale
and other expenses (excluding set-aside charges required to be paid by
such blind vendors).
(l) Nominee means a nonprofit agency or organization designated by
the State licensing agency through a written agreement to act as its
agent in the provision of services to blind licensees under the State's
vending facility program.
(m) Normal working hours means an eight hour work period between the
approximate hours of 8:00 a.m., to 6:00 p.m., Monday through Friday.
(n) Other property means property which is not Federal property and
on which vending facilities are established or operated by the use of
any funds derived in whole or in part, directly or indirectly, from the
operation of vending facilities on any Federal property.
(o) Permit means the official approval given a State licensing agency
by a department, agency or instrumentality in control of the
maintenance, operation, and protection of Federal property, or person in
control of other property, whereby the State licensing agency is
authorized to establish a vending facility.
(p) Program means all the activities of the licensing agency under
this part related to vending facilities on Federal and other property.
(q) Satisfactory site means an area fully accessible to vending
facility patrons and having:
(1) Effective on March 23, 1977 a minimum of 250 square feet
available for the vending and storage of articles necessary for the
operation of a vending facility; and
(2) Sufficient electrical plumbing, heating, and ventilation outlets
for the location and operation of a vending facility in accordance with
applicable health laws and building codes.
(r) Secretary means the Secretary of Education.
(s) Set-aside funds means funds which accrue to a State licensing
agency from an assessment against the net proceeds of each vending
facility in the State's vending facility program and any income from
vending machines on Federal property which accrues to the State
licensing agency.
(t) State means a State, territory, possession, Puerto Rico, or the
District of Columbia.
(u) State vocational rehabilitation agency means that agency in the
State providing vocational rehabilitation services to the blind as the
sole State agency under a State plan for vocational rehabilitation
services approved pursuant to the provisions of the Rehabilitation Act
of 1973 (29 U.S.C., ch. 16).
(v) State licensing agency means the State agency designated by the
Secretary under this part to issue licenses to blind persons for the
operation of vending facilities on Federal and other property.
(w) United States includes the several States, territories, and
possessions of the United States, Puerto Rico, and the District of
Columbia.
(x) Vending facility means automatic vending machines, cafeterias,
snack bars, cart service, shelters, counters, and such other appropriate
auxiliary equipment which may be operated by blind licensees and which
is necessary for the sale of newspapers, periodicals, confections,
tobacco products, foods, beverages, and other articles or services
dispensed automatically or manually and prepared on or off the premises
in accordance with all applicable health laws, and including the vending
or exchange of changes for any lottery authorized by State law and
conducted by an agency of a State within such State.
(y) Vending machine, for the purpose of assigning vending machine
income under this part, means a coin or currency operated machine which
dispenses articles or services, except that those machines operated by
the United States Postal Service for the sale of postage stamps or other
postal products and services, machines providing services of a
recreational nature, and telephones shall not be considered to be
vending machines.
(z) Vending machine income means receipts (other than those of a
blind vendor) from vending machine operations on Federal property, after
deducting the cost of goods sold (including reasonable service and
maintenance costs in accordance with customary business practices of
commercial vending concerns, where the machines are operated, serviced,
or maintained by, or with the approval of, a department, agency, or
instrumentality of the United States, or commissions paid (other than to
a blind vendor) by a commercial vending concern which operates,
services, and maintains vending machines on Federal property for, or
with the approval of, a department, agency, or instrumentality of the
United States.
(aa) Vendor means a blind licensee who is operating a vending
facility on Federal or other property.
(bb) Vocational rehabilitation services means those services as
defined in 1361.1(ee) (1) and (2) of this chapter.
34 CFR 395.1 Subpart B -- The State Licensing Agency
34 CFR 395.2 Application for designation as a State licensing agency;
general.
(a) An application for designation as a State licensing agency may be
submitted only by the State vocational rehabilitation agency providing
vocational rehabilitation services to the blind under an approved State
plan for vocational rehabilitation services under part 1361 of this
chapter.
(b) Such application shall be:
(1) Submitted in writing to the Secretary;
(2) Approved by the chief executive of the State; and
(3) Transmitted over the signature of the administrator of the State
agency making application.
34 CFR 395.3 Application for designation as State licensing agency;
content.
(a) An application for designation as a State licensing agency under
395.2 shall indicate:
(1) The State licensing agency's legal authority to administer the
program, including its authority to promulgate rules and regulations to
govern the program;
(2) The State licensing agency's organization for carrying out the
program, including a description of the methods for coordinating the
State's vending facility program and the State's vocational
rehabilitation program, with special reference to the provision of such
post-employment services necessary to assure that the maximum vocational
potential of each blind vendor is achieved;
(3) The policies and standards to be employed in the selection of
suitable locations for vending facilities;
(4) The methods to be used to ensure the continuing and active
participation of the State Committee of Blind Vendors in matters
affecting policy and program development and administration.
(5) The policies to be followed in making suitable vending facility
equipment and adequate initial stock available to a vendor;
(6) The sources of funds for the administration of the program;
(7) The policies and standards governing the relationship of the
State licensing agency to the vendors, including their selection,
duties, supervision, transfer, promotion, financial participation,
rights to a full evidentiary hearing concerning a State licensing agency
action, and, where necessary, rights for the submittal of complaints to
an arbitration panel;
(8) The methods to be followed in providing suitable training,
including on-the-job training and, where appropriate, upward mobility
training, to blind vendors;
(9) The arrangements made or contemplated, if any, for the
utilization of the services of any nominee under 395.15; the
agreements therefor and the services to be provided; the procedures for
the supervision and control of the services provided by such nominee and
the methods used in evaluating services received, the basis for
remuneration, and the fiscal controls and accounting procedures;
(10) The arrangements made or contemplated, if any, for the vesting
in accordance with the laws of the State, of the right, title to, and
interest in vending facility equipment or stock (including vending
machines), used in the program, in a nominee to hold such right, title
to, and interest for program purposes; and
(11) The assurances of the State licensing agency that it will:
(i) Cooperate with the Secretary in applying the requirements of the
Act in a uniform manner;
(ii) Take effective action, including the termination of licenses, to
carry out full responsibility for the supervision and management of each
vending facility in its program in accordance with its established rules
and regulations, this part, and the terms and conditions governing the
permit;
(iii) Submit promptly to the Secretary for approval a description of
any changes in the legal authority of the State licensing agency, its
rules and regulations, blind vendor agreements, schedules for the
setting aside of funds, contractual arrangements for the furnishing of
services by a nominee, arrangements for carrying general liability and
product liability insurance, and any other matters which form a part of
the application;
(iv) If it intends to set aside, or cause to be set aside, funds from
the net proceeds of the operation of vending facilities, obtain a prior
determination by the Secretary that the amount of such funds to be set
aside is reasonable;
(v) Establish policies against discrimination of any blind vendor on
the basis of sex, age, physical or mental impairment, creed, color,
national origin, or political affiliation;
(vi) Furnish each vendor a copy of its rules and regulations and a
description of the arrangements for providing services, and take
adequate steps to assure that each vendor understands the provisions of
the permit and any agreement under which he operates, as evidenced by
his signed statements:
(vii) Submit to an arbitration panel those grievances of any vendor
unresolved after a full evidentiary hearing;
(viii) Adopt accounting procedures and maintain financial records in
a manner necessary to provide for each vending facility and for the
State's vending facility program a classification of financial
transactions in such detail as is sufficient to enable evaluation of
performance; and
(ix) Maintain records and make reports in such form and containing
such information as the Secretary may require, make such records
available for audit purposes, and comply with such provisions as the
Secretary may find necessary to assure the correctness and verification
of such reports.
(b) An application submitted under 395.2 shall be accompanied by a
copy of State rules and regulations affecting the administration and
operation of the State's vending facility program.
34 CFR 395.4 State rules and regulations.
(a) The State licensing agency shall promulgate rules and regulations
which have been approved by the Secretary and which shall be adequate to
assure the effective conduct of the State's vending facility program
(including State licensing agency procedures covering the conduct of
full evidentiary hearings) and the operation of each vending facility in
accordance with this part and with the requirements and conditions of
each department, agency, and instrumentality in control of the
maintenance, operation, and protection of Federal property, including
the conditions contained in permits, as well as in all applicable
Federal and State laws, local ordinances and regulations.
(b) Such rules and regulations and amendments thereto shall be filed
or published in accordance with State law.
(c) Such rules and regulations shall include provisions adequate to
insure that the right, title to, and interest in each vending facility
used in the program and the stock will be vested in accordance with the
laws of the State in only the following:
(1) The State licensing agency; or
(2) Its nominee, subject to the conditions specified in 395.15(b);
or
(3) The vendor, in accordance with State determination.
(d) Notwithstanding the provisions of paragraph (c) of this section,
any right, title to, or interest which existed on June 30, 1955, in
stock may continue so long as:
(1) The interest is in the stock of a facility established under the
program prior to July 1, 1955, and
(2) The vendor was licensed in the program (whether or not for the
operation of the vending facility in question) prior to July 1, 1955.
34 CFR 395.5 Approval of application for designation as State licensing
agency.
When the Secretary determines that an application submitted by a
State vocational rehabilitation agency under 395.2, and the
accompanying rules and regulations indicate a plan of program operations
which will stimulate and enlarge the economic opportunities for the
blind, and which will meet all other requirements of this part, he shall
approve the application and shall designate the applying State
vocational rehabilitation agency as the State licensing agency.
34 CFR 395.6 Vendor ownership of vending facilities.
(a) If a State licensing agency determines under 395.4(c) that the
right, title to, and interest in a vending facility may be vested in the
blind vendor, the State licensing agency shall enter into a written
agreement with each vendor who is to have such ownership. Such
agreement shall contain in full the terms and conditions governing such
ownership in accordance with criteria in the State licensing agency's
regulations, this part, and the terms and conditions of the permit. The
criteria established to govern the determination that the title may be
so vested shall contain reasonable provisions to enable a vendor to
purchase vending facility equipment and to ensure that no individual
will be denied the opportunity to become a vendor because of his
inability to purchase the vending facility equipment or the initial
stock;
(b) The State licensing agency shall establish in writing and
maintain policies determining whether the vendor-owner or the State
licensing agency shall be required to maintain the vending facility in
good repair and in an attractive condition and replace worn-out or
obsolete equipment; and if the former, such policies shall provide that
upon such vendor-owner's failure to do so, the State licensing agency
may make the necessary maintenance, replacement, or repairs and make
equitable arrangements for reimbursement;
(c) Where the vendor owns such equipment and is required to maintain
the vending facility in good repair and in an attractive condition and
replace worn-out or obsolete equipment, or agrees to purchase additional
new equipment, service charges for such purposes shall be equitably
reduced and the method for determining such amount shall be established
by the State licensing agency in writing;
(d) Where the vendor owns such equipment, the State licensing agency
shall retain a first option to repurchase such equipment, and in the
event the vendor-owner dies, or for any other reason ceases to be a
licensee, or transfers to another vending facility, ownership of such
equipment shall become vested in the State licensing agency for transfer
to a successor licensee subject to an obligation on its part to pay to
such vendor-owner or his estate, the fair value therein; and
(e) The vendor-owner, his personal representative or next of kin
shall be entitled to an opportunity for a full evidentiary hearing with
respect to the determination of the amount to be paid by the State
licensing agency for a vendor's ownership in the equipment. When the
vendor-owner is dissatisfied with any decision rendered as a result of
such hearing, he may file a complaint with the Secretary under 395.13
to request the convening of an ad hoc arbitration panel.
34 CFR 395.7 The issuance and conditions of licenses.
(a) The State licensing agency shall establish in writing and
maintain objective criteria for licensing qualified applicants,
including a provision for giving preference to blind persons who are in
need of employment. Such criteria shall also include provisions to
assure that licenses will be issued only to persons who are determined
by the State licensing agency to be:
(1) Blind;
(2) Citizens of the United States; and
(3) Certified by the State vocational rehabilitation agency as
qualified to operate a vending facility.
(b) The State licensing agency shall provide for the issuance of
licenses for an indefinite period but subject to suspension or
termination if, after affording the vendor an opportunity for a full
evidentiary hearing, the State licensing agency finds that the vending
facility is not being operated in accordance with its rules and
regulations, the terms and conditions of the permit, and the terms and
conditions of the agreement with the vendor.
(c) The State licensing agency shall further establish in writing and
maintain policies which have been developed with the active
participation of the State Committee of Blind Vendors and which govern
the duties, supervision, transfer, promotion, and financial
participation of the vendors. The State licensing agency shall also
establish procedures to assure that such policies have been explained to
each blind vendor.
34 CFR 395.8 Distribution and use of income from vending machines on
Federal property.
(a) Vending machine income from vending machines on Federal property
which has been disbursed to the State licensing agency by a property
managing department, agency, or instrumentality of the United States
under 395.32 shall accrue to each blind vendor operating a vending
facility on such Federal property in each State in an amount not to
exceed the average net income of the total number of blind vendors
within such State, as determined each fiscal year on the basis of each
prior year's operation, except that vending machine income shall not
accrue to any blind vendor in any amount exceeding the average net
income of the total number of blind vendors in the United States. No
blind vendor shall receive less vending machine income than he was
receiving during the calendar year prior to January 1, 1974, as a direct
result of any limitation imposed on such income under this paragraph.
No limitation shall be imposed on income from vending machines, combined
to create a vending facility, when such facility is maintained,
serviced, or operated by a blind vendor. Vending machine income
disbursed by a property managing department, agency or instrumentality
of the United States to a State licensing agency in excess of the
amounts eligible to accrue to blind vendors in accordance with this
paragraph shall be retained by the appropriate State licensing agency.
(b) The State licensing agency shall disburse vending machine income
to blind vendors within the State on at least a quarterly basis.
(c) Vending machine income which is retained under paragraph (a) of
this section by a State licensing agency shall be used by such agency
for the establishment and maintenance of retirement or pension plans,
for health insurance contributions, and for the provision of paid sick
leave and vacation time for blind vendors in such State, if it is so
determined by a majority vote of blind vendors licensed by the State
licensing agency, after such agency has provided to each such vendor
information on all matters relevant to such purposes. Any vending
machine income not necessary for such purposes shall be used by the
State licensing agency for the maintenance and replacement of equipment,
the purchase of new equipment, management services, and assuring a fair
minimum return to vendors. Any assessment charged to blind vendors by a
State licensing agency shall be reduced pro rata in an amount equal to
the total of such remaining vending machine income.
34 CFR 395.9 The setting aside of funds by the State licensing agency.
(a) The State licensing agency shall establish in writing the extent
to which funds are to be set aside or caused to be set aside from the
net proceeds of the operation of the vending facilities and, to the
extent applicable, from vending machine income under 395.8(c) in an
amount determined by the Secretary to be reasonable.
(b) Funds may be set aside under paragraph (a) of this section only
for the purposes of:
(1) Maintenance and replacement of equipment;
(2) The purchase of new equipment;
(3) Management services;
(4) Assuring a fair minimum of return to vendors; or
(5) The establishment and maintenance of retirement or pension funds,
health insurance contributions, and provision for paid sick leave and
vacation time, if it is so determined by a majority vote of blind
vendors licensed by the State licensing agency, after such agency
provides to each such vendor information on all matters relevant to such
proposed purposes.
(c) The State licensing agency shall further set out the method of
determining the charge for each of the above purposes listed in
paragraph (b) of this section, which will be determined with the active
participation of the State Committee of Blind Vendors and which will be
designed to prevent, so far as is practicable, a greater charge for any
purpose than is reasonably required for that purpose. The State
licensing agency shall maintain adequate records to support the
reasonableness of the charges for each of the purposes listed in this
section, including any reserves necessary to assure that such purposes
can be achieved on a consistent basis.
34 CFR 395.10 The maintenance and replacement of vending facility
equipment.
The State licensing agency shall maintain (or cause to be maintained)
all vending facility equipment in good repair and in an attractive
condition and shall replace or cause to be replaced worn-out and
obsolete equipment as required to ensure the continued successful
operation of the facility.
34 CFR 395.11 Training program for blind individuals.
The State licensing agency shall ensure that effective programs of
vocational and other training services, including personal and
vocational adjustment, books, tools, and other training materials, shall
be provided to blind individuals as vocational rehabilitation services
under the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended by the
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516). Such programs
shall include on-the-job training in all aspects of vending facility
operation for blind persons with the capacity to operate a vending
facility, and upward mobility training (including further education and
additional training or retraining for improved work opportunities) for
all blind licensees. The State licensing agency shall further ensure
that post-employment services shall be provided to blind vendors as
vocational rehabilitation services as necessary to assure that the
maximum vocational potential of such vendors is achieved and suitable
employment is maintained within the State's vending facility program.
34 CFR 395.12 Access to program and financial information.
Each blind vendor under this part shall be provided access to all
financial data of the State licensing agency relevant to the operation
of the State vending facility program, including quarterly and annual
financial reports, provided that such disclosure does not violate
applicable Federal or State laws pertaining to the disclosure of
confidential information. Insofar as practicable, such data shall be
made available in braille or recorded tape. At the request of a blind
vendor State licensing agency staff shall arrange a convenient time to
assist in the interpretation of such financial data.
34 CFR 395.13 Evidentiary hearings and arbitration of vendor
complaints.
(a) The State licensing agency shall specify in writing and maintain
procedures whereby such agency affords an opportunity for a full
evidentiary hearing to each blind vendor (which procedures shall also
apply to cases under 395.6(e)) dissatisfied with any State licensing
agency action arising from the operation or administration of the
vending facility program. When such blind vendor is dissatisfied with
any action taken or decision rendered as a result of such hearing, he
may file a complaint with the Secretary. Such complaint shall be
accompanied by all available supporting documents, including a statement
of the decision which was rendered and the reasons in support thereof.
(b) The filing of a complaint under paragraph (a) of this section
with either the State licensing agency or the Secretary shall indicate
consent by the blind vendor for the release of such information as is
necessary for the conduct of a full evidentiary hearing or the hearing
of an ad hoc arbitration panel.
(c) Upon receipt of a complaint filed by a blind vendor which meets
the requirements established by the Secretary, the Secretary shall
convene an ad hoc arbitration panel which shall, in accordance with the
provisions of 5 U.S.C. chapter 5, subchapter II, give notice, conduct a
hearing, and render its decision which shall be final and binding on the
parties except that such decision shall be subject to appeal and review
as a final agency action for purposes of the provisions of 5 U.S.C.
chapter 7.
(d) The arbitration panel convened by the Secretary to hear the
grievances of blind vendors shall be composed of three members appointed
as follows:
(1) One individual designated by the State licensing agency;
(2) One individual designated by the blind vendor; and
(3) One individual not employed by the State licensing agency or,
where appropriate, its parent agency, who shall be jointly designated by
the other members of the panel and who shall serve as chairman of the
panel.
(e) If either the State licensing agency or the blind vendor fails to
designate a member of an arbitration panel, the Secretary shall
designate such member on behalf of such party.
(f) The decisions of an arbitration panel convened by the Secretary
under this section shall be matters of public record and shall be
published in the Federal Register.
(g) The Secretary shall pay all reasonable costs of arbitration under
this section in accordance with a schedule of fees and expenses which
shall be published in the Federal Register.
(h) The provisions of this section shall not require the
participation of grantors of permits for the operation of vending
facilities on property other than Federal property.
34 CFR 395.14 The State Committee of Blind Vendors.
(a) The State licensing agency shall provide for the biennial
election of a State Committee of Blind Vendors which, to the extent
possible, shall be fully representative of all blind vendors in the
State program on the basis of such factors as geography and vending
facility type with a goal of providing for proportional representation
of blind vendors on Federal property and blind vendors on other
property. Participation by any blind vendor in any election shall not
be conditioned upon the payment of dues or any other fees.
(b) The State Committee of Blind Vendors shall:
(1) Actively participate with the State licensing agency in major
administrative decisions and policy and program development decisions
affecting the overall administration of the State's vending facility
program;
(2) Receive and transmit to the State licensing agency grievances at
the request of blind vendors and serve as advocates for such vendors in
connection with such grievances;
(3) Actively participate with the State licensing agency in the
development and administration of a State system for the transfer and
promotion of blind vendors;
(4) Actively participate with the State licensing agency in the
development of training and retraining programs for blind vendors; and
(5) Sponsor, with the assistance of the State licensing agency,
meetings and instructional conferences for blind vendors within the
State.
34 CFR 395.15 Use of nominee agreements.
(a) The State licensing agency may enter into an agreement whereby
another agency or organization undertakes to furnish services to blind
vendors. Such agreement shall be in writing and shall contain
provisions which:
(1) Clearly insure the retention by the State licensing agency of
full responsibility for the administration and operation of all phases
of the program;
(2) Specify the type and extent of the services to be provided under
such agreement;
(3) Provide that no set-aside charges will be collected from blind
vendors except as specified in such agreement;
(4) Specify that no nominee will be allowed to exercise any function
with respect to funds for the purchase of new equipment or for assuring
a fair minimum of return to vendors, except to collect and hold solely
for disposition in accordance with the order of the State licensing
agency any charges authorized for those purposes by the licensing
agency; and
(5) Specify that only the State licensing agency shall have control
with respect to selection, placement, transfer, financial participation
and termination of the vendors, and the preservation, utilization, and
disposition of program assets.
(b) If the State licensing agency permits any agency or organization
other than a vendor to hold any right, title to, or interest in vending
facilities or stock, the arrangement shall be one permitted by State law
and shall specify in writing that all such right, title to, or interest
is held by such agency or organization as the nominee of the State
licensing agency for program purposes and subject to the paramount right
of the State licensing agency to direct and control the use, transfer,
and disposition of such vending facilities or stock.
34 CFR 395.16 Permit for the establishment of vending facilities.
Prior to the establishment of each vending facility, other than a
cafeteria, the State licensing agency shall submit an application for a
permit setting forth the location, the amount of space necessary for the
operation of the vending facility; the type of facility and equipment,
the number, location and type of vending machines and other terms and
conditions desired to be included in the permit. Such application shall
be submitted for the approval of the head of the Federal property
managing department, agency, or instrumentality. When an application is
not approved, the head of the Federal property managing department,
agency, or instrumentality shall advise the State licensing agency in
writing and shall indicate the reasons for the disapproval.
34 CFR 395.17 Suspension of designation as State licensing agency.
(a) If the Secretary has reason to believe that, in the
administration of the program, there is a failure on the part of any
State licensing agency to comply substantially with the Act and this
part, he shall so inform such agency in writing, setting forth, in
detail, the areas in which there is such failure and giving it a
reasonable opportunity to comply.
(b) If, after the lapse of a reasonable time, the Secretary is of the
opinion that such failure to comply still continues and that the State
licensing agency is not taking the necessary steps to comply, he shall
offer to such agency, by reasonable notice in writing thereto and to the
chief executive of the State, an opportunity for a hearing before the
Secretary (or person designated by the Secretary) to determine whether
there is a failure on the part of such agency to comply substantially
with the provisions of the Act and of this part.
(c) If it is thereupon determined that there is a failure on the part
of such agency to comply substantially with the Act and this part,
appropriate written notice shall be given to such agency and to the
chief executive of the State suspending such agency's designation as
licensing agency effective 90 days from the date of such notice. A copy
of such written notice shall be given to each department, agency, or
instrumentality of the United States responsible for the maintenance,
operation, and protection of Federal property on which vending machines
subject to the requirements of 395.32 are located in the State. Upon
the suspension of such designation, vending machine income from vending
machines on Federal property due for accrual to the State licensing
agency under 395.32 shall be retained in escrow by such department,
agency, or instrumentality of the United States responsible for the
maintenance, operation and protection of the Federal property on which
such vending machines are located, pending redesignation of the State
licensing agency or rescission of the suspension under paragraph (e) of
this section.
(d) If, before the expiration of such 90 days, the Secretary (or
person designated by him) determines that the State licensing agency is
taking the necessary steps to comply, he may postpone the effective date
of such suspension for such time as he deems necessary in the best
interest of the program.
(e) If, prior to the effective date of such suspension, the Secretary
(or person designated by him) finds that there is no longer a failure on
the part of the State licensing agency to comply substantially with the
provisions of the Act and this part, he shall so notify the agency, the
chief executive of the State, and each Federal department, agency, or
instrumentality required to place funds in escrow under paragraph (c) of
this section, in which event the suspension of the designation shall not
become effective and the requirement to place funds in escrow shall be
terminated.
34 CFR 395.17 Subpart C -- Federal Property Management
34 CFR 395.30 The location and operation of vending facilities for
blind vendors on Federal property.
(a) Each department, agency, or instrumentality of the United States
in control of the maintenance, operation, and protection of Federal
property shall take all steps necessary to assure that, wherever
feasible, in light of appropriate space and potential patronage, one or
more vending facilities for operation by blind licensees shall be
located on all Federal property Provided that the location or operation
of such facility or facilities would not adversely affect the interests
of the United States. Blind persons licensed by State licensing
agencies shall be given priority in the operation of vending facilities
on any Federal property.
(b) Any limitation on the location or operation of a vending facility
for blind vendors by a department, agency or instrumentality of the
United States based on a finding that such location or operation or type
of location or operation would adversely affect the interests of the
United States shall be fully justified in writing to the Secretary who
shall determine whether such limitation is warranted. A determination
made by the Secretary concerning such limitation shall be binding on any
department, agency, or instrumentality of the United States affected by
such determination. The Secretary shall publish such determination in
the Federal Register along with supporting documents directly relating
to the determination.
(c) Priority in the operation of vending facilities in areas
administered by the National Park Service or the National Aeronautics
and Space Administration shall be given to blind vendors. Priority in
the awarding of contracts for the operation of concessions in such areas
when such concessions provide accommodations, facilities, and services
of a scope or of a character not generally available in vending
facilities operated by blind vendors shall be given in accordance with
the provisions of the Concession Policy Act (Pub. L. 98-249, 16 U.S.C.
1) or the National Aeronautics and Space Act of 1958, as amended (Pub.
L. 85-568, 42 U.S.C. 2473). The provisions of this part shall not apply
when all accommodations, facilities, or services in such areas are
operated by a single responsible concessioner.
34 CFR 395.31 Acquisition and occupation of Federal property.
(a) Effective January 2, 1975, no department, agency, or
instrumentality of the United States shall undertake to acquire by
ownership, rent, or lease, or to otherwise occupy, in whole or in part,
any building unless it is determined that such building includes a
satisfactory site or sites for the location and operation of a vending
facility by a blind vendor. In those cases where a purchase contract,
an agreement to lease, or other similar commitment was entered into
prior to January 2, 1975, the provisions of this paragraph shall not
apply.
(b) Effective January 2, 1975, no department, agency, or
instrumentality of the United States, shall undertake to occupy, in
whole or in part, any building which is to be constructed, substantially
altered, or renovated, or in the case of a building which is occupied on
January 2, 1975 by a department, agency, or instrumentality of the
United States, no such department, agency, or instrumentality shall
undertake to substantially alter or renovate such building, unless it is
determined that the design for such construction, substantial
alteration, or renovation includes a satisfactory site or sites for the
location and operation of a vending facility by a blind vendor. In
those cases where a design contract or other similar commitment was
entered into prior to January 2, 1975, the provisions of this paragraph
shall not apply. For purposes of this paragraph, ''substantial
alteration or renovation of a building'' means a permanent material
change in the floor area of such building which would render such
building appropriate for the location and operation of a vending
facility by a blind vendor.
(c) The determination that a building contains a satisfactory site or
sites under paragraph (a) or (b) of this section shall be made after
consultation between the State licensing agency and the head of the
department, agency, or instrumentality of the United States which is
planning to acquire or otherwise occupy such building. In order to make
such determination, effective on the publication date of this part each
such department, agency, or instrumentality shall provide to the
appropriate State licensing agency written notice of its intention to
acquire or otherwise occupy such building. Such written notice shall be
by certified or registered mail with return receipt and shall be
provided as early as practicable but no later than 60 days prior to such
intended action. The written notice shall indicate that a satisfactory
site or sites for the location and operation of a vending facility by
blind persons is included in the plans for the building to be acquired
or otherwise occupied and shall further assure that the State licensing
agency shall be afforded the opportunity to determine whether such
building includes a satisfactory site or sites for a vending facility.
The written notice shall further assure that the State licensing agency,
subject to the approval of the head of the Federal property managing
department, agency, or instrumentality, shall be offered the opportunity
to select the location and type of vending facility to be operated by a
blind vendor prior to the completion of the final space layout of the
building. The receipt of such written notice shall be acknowledged in
writing promptly by the State licensing agency but no later than within
30 days and the State licensing agency shall indicate at that time
whether it is interested in establishing a vending facility. A copy of
the written notice to the State licensing agency and the State licensing
agency's acknowledgement shall be provided to the Secretary.
(d) When, after a written notice has been provided under paragraph
(c) of this section, the State licensing agency determines that the
number of persons using the Federal property is or will be insufficient
to support a vending facility, and the Secretary concurs with such
determination, the provisions of paragraphs (a) and (b) of this section
shall not apply. The provisions of paragraphs (a) and (b) of this
section shall also not apply when fewer than 100 Federal Government
employees are or will be located during normal working hours in the
building to be acquired or otherwise occupied or when such building
contains less than 15,000 square feet of interior space to be utilized
for Federal Government purposes in the case of buildings in which
services are to be provided to the public.
(e) The operation of a vending facility established under
pre-existing arrangements shall not be affected by the provisions of
this section. The provisions of this section shall further not preclude
future arrangements under which vending facilities to be operated by
blind vendors may be established in buildings of a size or with an
employee population less than that specified in paragraph (d) of this
section: Provided, That both the State licensing agency and the Federal
property managing department, agency or instrumentality concur in such
establishment.
(f) Each department, agency, and instrumentality of the United
States, when leasing property in privately owned buildings, shall make
every effort to lease property capable of accommodating a vending
facility. When, however, such department, agency, or instrumentality is
leasing part of a privately owned building in which prior to the
execution of the lease, the lessor or any of his tenants had in
operation or had entered into a contract for the operation of a
restaurant or other food facility in a part of the building not included
in such lease and the operation of a vending facility by a blind vendor
would be in proximate and substantial direct competition with such
restaurant or other food facility, the provisions of paragraphs (a),
(b), and (c) of this section shall not apply.
34 CFR 395.32 Collection and distribution of vending machine income
from vending machines on Federal property.
(a) The on-site official responsible for the Federal property of each
property managing department, agency, or instrumentality of the United
States, in accordance with established procedures of such department,
agency, or instrumentality, shall be responsible for the collection of,
and accounting for, vending machine income from vending machines on
Federal property under his control and shall otherwise ensure compliance
with the provisions of this section.
(b) Effective January 2, 1975, 100 per centum of all vending machine
income from vending machines on Federal property which are in direct
competition with a vending facility operated by a blind vendor shall
accure to the State licensing agency which shall disburse such income to
such blind vendor operating such vending facility on such property
provided that the total amount of such income accruing to such blind
vendor does not exceed the maximum amount determined under 395.8(a). In
the event that there is income from such vending machines in excess of
the maximum amount which may be disbursed to the blind vendor under
395.8(a), such additional income shall accrue to the State licensing
agency for purposes determined in accordance with 395.8(c).
(c) Effective January 2, 1975, 50 per centum of all vending machine
income from vending machines on Federal property which are not in direct
competition with a vending facility operated by a blind vendor shall
accrue to the State licensing agency which shall disburse such income to
the blind vendor operating such vending facility on such property. In
the event that there is no blind vendor, such income shall accrue to the
State licensing agency, except as indicated under paragraph (d) of this
section. The total amount of such income disbursed to such blind vendor
shall not exceed the maximum amount determined under 395.8(a). In the
event that there is income from such vending machines in excess of the
maximum amount which may accrue to the blind vendor under 395.8(a),
such additional income shall accrue to the State licensing agency for
purposes determined in accordance with 395.8(c).
(d) Effective January 2, 1975, 30 per centum of all vending machine
income from vending machines, which are not in direct competition with a
vending facility operated by a blind vendor and which are on Federal
property at which at least 50 per centum of the total hours worked on
the premises occurs during a period other than normal working hours,
shall accrue to the State licensing agency which shall disburse such
income to the blind vendor operating a vending facility on such
property. In the event that there is no blind vendor on such property,
such income shall accrue to the State licensing agency. The total
amount of such income disbursed to such blind vendor shall not exceed
the maximum amount determined under 395.8(a). In the event that there
is income from such vending machines in excess of the maximum amount
which may be disbursed to the blind vendor under 395.8(a), such
additional income shall accrue to the State licensing agency for
purposes determined in accordance with 395.8(c).
(e) The determination that a vending machine on Federal property is
in direct competition with a vending facility operated by a blind vendor
shall be the responsibility of the on-site official responsible for the
Federal property of each property managing department, agency or
instrumentality of the United States, subject to the concurrence of the
State licensing agency.
(f) In the case of vending machine income which, prior to the
effective date of this part, has been disbursed to a blind vendor by a
property managing department, agency, or instrumentality from proceeds
which accrued from operations subsequent to January 2, 1975, pursuant to
agreements in effect prior to such time, such income may be deducted, at
the discretion of such property managing department, agency or
instrumentality, from vending machine income due to the State licensing
agency under paragraphs (b), (c), or (d) of this section.
(g) The collection of vending machine income and its disbursement to
the appropriate State licensing agency shall be conducted on at least a
quarterly basis.
(h) All arrangements pertaining to the operation of vending machines
on Federal property not covered by contract with, or by permits issued
to, State licensing agencies, shall be renegotiated upon the expiration
of the existing contract or other arrangement for consistency with the
provisions of this section.
(i) The provisions of this section shall not apply to income from
vending machines within operated retail sales outlets under the control
of post exchange or ships' stores systems authorized under title 10
U.S.C.; to income from vending machines operated by the Veterans Canteen
Service; or to income from vending machines not in direct competition
with a blind vending facility at individual locations, installations, or
facilities on Federal property the total of which at such individual
locations, installations, or facilities does not exceed $3,000 annually.
(j) The provisions of this section shall not operate to preclude
pre-existing or future arrangements, or regulations of departments,
agencies, or instrumentalities of the United States, under which blind
vendors or State licensing agencies may:
(1) Receive a greater percentage or amount of vending machine income
than that specified in paragraphs (b), (c), and (d) of this section, or
(2) Receive vending machine income from individual locations,
installations, or facilities on Federal property the total of which at
such individual locations, installations, or facilities does not exceed
$3,000 annually.
34 CFR 395.33 Operation of cafeterias by blind vendors.
(a) Priority in the operation of cafeterias by blind vendors on
Federal property shall be afforded when the Secretary determines, on an
individual basis, and after consultation with the appropriate property
managing department, agency, or instrumentality, that such operation can
be provided at a reasonable cost, with food of a high quality comparable
to that currently provided employees, whether by contract or otherwise.
Such operation shall be expected to provide maximum employment
opportunities to blind vendors to the greatest extent possible.
(b) In order to establish the ability of blind vendors to operate a
cafeteria in such a manner as to provide food service at comparable cost
and of comparable high quality as that available from other providers of
cafeteria services, the appropriate State licensing agency shall be
invited to respond to solicitations for offers when a cafeteria contract
is contemplated by the appropriate property managing department, agency,
or instrumentality. Such solicitations for offers shall establish
criteria under which all responses will be judged. Such criteria may
include sanitation practices, personnel, staffing, menu pricing and
portion sizes, menu variety, budget and accounting practices. If the
proposal received from the State licensing agency is judged to be within
a competitive range and has been ranked among those proposals which have
a reasonable chance of being selected for final award, the property
managing department, agency, or instrumentality shall consult with the
Secretary as required under paragraph (a) of this section. If the State
licensing agency is dissatisfied with an action taken relative to its
proposal, it may file a complaint with the Secretary under the
provisions of 395.37.
(c) All contracts or other existing arrangements pertaining to the
operation of cafeterias on Federal property not covered by contract
with, or by permits issued to, State licensing agencies shall be
renegotiated subsequent to the effective date of this part on or before
the expiration of such contracts or other arrangements pursuant to the
provisions of this section.
(d) Notwithstanding the requirements of paragraphs (a) and (b) of
this section, Federal property managing departments, agencies, and
instrumentalities may afford priority in the operation of cafeterias by
blind vendors on Federal property through direct negotiations with State
licensing agencies whenever such department, agency, or instrumentality
determines, on an individual basis, that such operation can be provided
at a reasonable cost, with food of a high quality comparable to that
currently provided employees: Provided, however, That the provisions of
paragraphs (a) and (b) of this section shall apply in the event that the
negotiations authorized by this paragraph do not result in a contract.
34 CFR 395.34 Application for permits.
Applications for permits for the operation of vending facilities
other than cafeterias shall be made in writing on the appropriate form,
and submitted for the review and approval of the head of the Federal
property managing department, agency, or instrumentality.
34 CFR 395.35 Terms of permit.
Every permit shall describe the location of the vending facility
including any vending machines located on other than the facility
premises and shall be subject to the following provisions:
(a) The permit shall be issued in the name of the applicant State
licensing agency which shall:
(1) Prescribe such procedures as are necessary to assure that in the
selection of vendors and employees for vending facilities there shall be
no discrimination because of sex, race, age, creed, color, national
origin, physical or mental disability, or political affiliation; and
(2) Take the necessary action to assure that vendors do not
discriminate against any person or persons in furnishing, or by refusing
to furnish, to such person or persons the use of any vending facility,
including any and all services, privileges, accommodations, and
activities provided thereby, and comply with title VI of the Civil
Rights Act of 1964 and regulations issued pursuant thereto.
(b) The permit shall be issued for an indefinite period of time
subject to suspension or termination on the basis of compliance with
agreed upon terms.
(c) The permit shall provide that:
(1) No charge shall be made to the State licensing agency for normal
cleaning, maintenance, and repair of the building structure in and
adjacent to the vending facility areas;
(2) Cleaning necessary for sanitation, and the maintenance of vending
facilities and vending machines in an orderly condition at all times,
and the installation, maintenance, repair, replacement, servicing, and
removal of vending facility equipment shall be without cost to the
department, agency, or instrumentality responsible for the maintenance
of the Federal property; and
(3) Articles sold at vending facilities operated by blind licensees
may consist of newspapers, periodicals, publications, confections,
tobacco products, foods, beverages, chances for any lottery authorized
by State law and conducted by an agency of a State within such State,
and other articles or services as are determined by the State licensing
agency, in consultation with the on-site official responsible for the
Federal property of the property managing department, agency or
instrumentality, to be suitable for a particular location. Such
articles and services may be dispensed automatically or manually and may
be prepared on or off the premises in accordance with all applicable
health laws.
(d) The permit shall further provide that vending facilities shall be
operated in compliance with applicable health, sanitation, and building
codes or ordinances.
(e) The permit shall further provide that installation, modification,
relocation, removal, and renovation of vending facilities shall be
subject to the prior approval and supervision of the on-site official
responsible for the Federal property of the property managing
department, agency, or instrumentality, and the State licensing agency;
that costs of relocations initiated by the State licensing agency shall
be paid by the State licensing agency; and that costs of relocations
initiated by the department, agency, or instrumentality shall be borne
by such department, agency, or instrumentality.
(f) The operation of a cafeteria by a blind vendor shall be covered
by a contractual agreement and not by a permit.
34 CFR 395.36 Enforcement procedures.
(a) The State licensing agency shall attempt to resolve day-to-day
problems pertaining to the operation of the vending facility in an
informal manner with the participation of the blind vendor and the
on-site official responsible for the property of the property managing
department, agency, or instrumentality as necessary.
(b) Unresolved disagreements concerning the terms of the permit, the
Act, or the regulations in this part and any other unresolved matters
shall be reported in writing to the State licensing agency supervisory
personnel by the Regional or other appropriate official of the Federal
property managing department, agency, or instrumentality in an attempt
to resolve the issue.
34 CFR 395.37 Arbitration of State licensing agency complaints.
(a) Whenever any State licensing agency determines that any
department, agency, or instrumentality of the United States which has
control of the maintenance, operation, and protection of Federal
property is failing to comply with the provisions of the Act or of this
part and all informal attempts to resolve the issues have been
unsuccessful, such licensing agency may file a complaint with the
Secretary.
(b) Upon receipt of a complaint filed under paragraph (a) of this
section, the Secretary shall convene an ad hoc arbitration panel which
shall, in accordance with the provisions of 5 U.S.C. ch. 5, subchapter
II, give notice, conduct a hearing and render its decision which shall
be final and binding on the parties except that such decision shall be
subject to appeal and review as a final agency action for purposes of
the provisions of 5 U.S.C. ch. 7. The arbitration panel convened by the
Secretary to hear complaints filed by a State licensing agency shall be
composed of three members appointed as follows:
(1) One individual designated by the State licensing agency;
(2) One individual designated by the head of the Federal department,
agency, or instrumentality controlling the Federal property over which
the dispute arose; and
(3) One individual, not employed by the Federal department, agency,
or instrumentality controlling the Federal property over which the
dispute arose, who shall be jointly designated by the other members of
the panel and who shall serve as chairman of the panel.
(c) If either the State licensing agency or the head of the Federal
department, agency, or instrumentality fails to designate a member of an
arbitration panel, the Secretary shall designate such member on behalf
of such party.
(d) If the panel finds that the acts or practices of any department,
agency, or instrumentality are in violation of the Act or of this part,
the head of any such department, agency, or instrumentality (subject to
any appeal under paragraph (b) of this section) shall cause such acts or
practices to be terminated promptly and shall take such other action as
may be necessary to carry out the decision of the panel.
(e) The decisions of an arbitration panel convened by the Secretary
under this section shall be matters of public record and shall be
published in the Federal Register.
(f) The Secretary shall pay all reasonable costs of arbitration under
this section in accordance with a schedule of fees and expenses which
shall be published in the Federal Register.
34 CFR 395.38 Reports.
At the end of each fiscal year, each property managing department,
agency, or instrumentality of the United States shall report to the
Secretary the total number of applications for vending facility
locations received from State licensing agencies, the number accepted,
the number denied, the number still pending, the total amount of vending
machine income collected and the amount of such vending machine income
disbursed to the State licensing agency in each State.
34 CFR 395.38 PART 396 -- TRAINING OF INTERPRETERS FOR DEAF INDIVIDUALS
34 CFR 395.38 Subpart A -- General
Sec.
396.1 What is the Training of Interpreters for Deaf Individuals
Program?
396.2 Who is eligible for assistance under this program?
396.3 What regulations apply to this program?
396.4 What definitions apply to this program?
396.5 -- 396.9 (Reserved)
34 CFR 395.38 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
396.10 What types of projects are authorized under this program?
396.11 -- 396.19 (Reserved)
34 CFR 395.38 Subpart C -- How Does One Apply for a Grant?
396.20 What must be included in an application for a grant?
396.21 -- 396.29 (Reserved)
34 CFR 395.38 Subpart D -- How Does the Secretary Make a Grant?
396.30 What are the selection criteria used to award a grant?
396.31 Does the Secretary consider geographical distribution in
making grants?
396.32 Does the Secretary give priority to certain existing programs
in making grants?
396.33 -- 396.39 (Reserved)
Authority: 29 U.S.C. 744(d), unless otherwise noted.
Source: 50 FR 32679, Aug. 13, 1985, unless otherwise noted.
34 CFR 395.38 Subpart A -- General
34 CFR 396.1 What is the Training of Interpreters for Deaf Individuals
Program?
(a) The Training of Interpreters for Deaf Individuals Program is
designed to assist in providing a sufficient number of skilled
interpreters to meet the communications needs of deaf individuals by --
(1) Training manual and oral interpreters throughout the country for
employment in public and private agencies, schools, and other
institutions involved in health, education, welfare, rehabilitation and
employment; and
(2) Ensuring the maintenance of the skills of interpreters engaged in
programs serving deaf people, and providing opportunities for
interpreters to raise their level of competence.
(Authority: Sec. 304(d) of the Act; 29 U.S.C. 774(d))
34 CFR 396.2 Who is eligible for assistance under this program?
Public and private nonprofit agencies and organizations, including
institutions of higher education, are eligible for assistance under the
Training of Interpreters for Deaf Individuals Program.
(Authority: Sec. 304(d) of the Act; 29 U.S.C. 774(d))
34 CFR 396.3 What regulations apply to this program?
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations
(EDGAR), established in title 34 of the Code of Federal Regulations in
--
(1) Part 74 (Administration of Grants);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions that Apply to Department Regulations); and
(4) Part 79 (Intergovernmental Review of Department of Education
Programs and Activities).
(Authority: 29 U.S.C. 774(d))
(b) The regulations in this part 396.
(Authority: Sec. 304(d) of the Act; 29 U.S.C. 774(d))
(50 FR 32679, Aug. 13, 1985, as amended at 55 FR 21714, May 25, 1990)
34 CFR 396.4 What definitions apply to this program?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
EDGAR
Equipment
Grant
Grantee
Nonprofit
Private
Project
Project period
Public
Secretary
Supplies
(Authority: Sec. 304(d) of the Act; 29 U.S.C. 774(d))
(b) Definitions that also apply to this part. The following
definitions also apply to this part:
Interpreter for deaf individuals is an individual who utilizes sign
language skills or oral interpreting skills to facilitate communications
between hearing and hearing-impaired individuals.
Existing program that has demonstrated its capacity for providing
interpreter training services means an established program with --
(1) A record of training interpreters who are serving the deaf
community; and
(2) An established curriculum that is suitable for training
interpreters.
(Authority: Sec. 304(d) of the Act; 29 U.S.C. 774(d))
396.5 -- 396.9 (Reserved)
34 CFR 396.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 396.10 What types of projects are authorized under this program?
The Secretary provides assistance for projects that provide training
in manual and oral interpreting skills for persons preparing to serve,
or already serving, as interpreters for deaf individuals in public and
private agencies, schools, and other service-providing facilities.
(Authority: Sec. 304(d) of the Act; 29 U.S.C. 774(d))
396.11 -- 396.19 (Reserved)
34 CFR 396.10 Subpart C -- How Does One Apply for a Grant?
34 CFR 396.20 What must be included in an application for a grant?
Each applicant shall include in the application --
(a) A description of the manner in which the proposed interpreter
training program will be developed and operated during the five-year
period following the award of the grant;
(b) A description of the geographical area to be served by the
project;
(c) A demonstraton of the applicant's capacity or potential for
providing training for interpreters for deaf individuals; and
(d) Assurances that --
(1) Any interpreter trained or retrained under this program will meet
such minimum standards of competency as the Secretary may establish;
(2) To the extent appropriate, the grantee will provide for the
training or retraining (including short-term and in-service training) of
teachers who are involved in providing instruction to deaf individuals
but who are not certified as teachers of deaf individuals; and
(3) Funds for in-service training will be provided only through funds
appropriated under Part B of the Education of the Handicapped Act.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Sec. 304(d)(2) of the Act; 29 U.S.C. 774(d)(2))
(50 FR 32679, Aug. 13, 1985, as amended at 53 FR 49146, Dec. 6, 1988)
396.21 -- 396.29 (Reserved)
34 CFR 396.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 396.30 What are the selection criteria used to award a grant?
The Secretary uses the weighted criteria in this section to evaluate
applications for new awards. The maximum score for all the criteria is
100 points. The maximum possible points for each criterion are
indicated in parentheses after the heading for the criterion.
(a) Plan of operation. (10 points)
(1) The Secretary reviews each application to determine the quality
of the plan of operation for the project.
(2) The Secretary looks for --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(b) Quality of key personnel. (20 points)
(1) The Secretary reviews each application to determine the
qualifications of the key personnel the applicant plans to use on the
project.
(2) The Secretary considers --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally under-represented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To detemine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other evidence that the applicant provides.
(c) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application to determine if the
project has an adequate budget and is cost effective.
(2) The Secretary considers the extent to which --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (5 points)
(1) The Secretary reviews each application to determine the quality
of the evaluation plan for the project.
Cross Reference: 34 CFR 75.590, Evaluation by the grantee.
(2) The Secretary considers the extent to which the methods of
evaluation are appropriate for the project, and to the extent possible,
are objective and produce data that are quantifiable.
(e) Adequacy of resources. (5 points)
(1) The Secretary reviews each application to determine if the
applicant plans to devote adequate resources to the project.
(2) The Secretary considers the extent to which --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) Technical and programmatic soundness. (30 points)
(1) The Secretary reviews each application to determine if the
approach is technically and programmatically sound.
(2) The Secretary considers --
(i) The proposed project can reasonably be expected to accomplish the
purposes of the program, including any priorities established;
(ii) There is a shortage of interpreters in the geographic area to be
served by the proposed project;
(iii) The training activities described in the application reflect
practices of recognized professional soundness and efficacy or new and
innovative activities which may reasonably be expected to result in the
training of interpreters who will display a high level of skill;
(iv) There appear to be no substantial obstacles to carrying out the
activities described in the application; and
(v) The application demonstrates a logical, coherent and balanced
approach to the objectives of the program.
(g) Specialized capabilities of applicant. (10 points)
(1) The Secretary reviews each application to determine if the
applicant has the capacity for providing training for interpreters for
deaf individuals.
(2) The Secretary considers the adequacy of the experience of the
applicant organization, in addition to the experience of the staff
described under paragraph (b) of this section (Quality of key
personnel), in conducting activities which are similar, or have
significant relevance, to those proposed in the application.
(h) Demonstrated relationships with service providers. (10 points)
(1) The Secretary reviews each application to determine if the
proposed interpreter training project was developed in consultation with
service providers.
(2) The Secretary considers whether --
(i) The training is appropriate to the needs of deaf individuals and
public and private agencies which provide services to deaf individuals
in the geographical area to be served by the training project;
(ii) There has been or there will exist a working relationship
between the interpreter training project and service providers;
(iii) There are opportunities for the parents of deaf persons and for
deaf persons to involve themselves in the training; and
(iv) The training includes a practicum, or field experience, with
potential employers of interpreters, if possible.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: Sec. 304(d) of the Act, 29 U.S.C. 774(d))
(50 FR 32679, Aug. 13, 1985, and amended at 53 FR 49146, Dec. 6,
1988)
34 CFR 396.31 Does the Secretary consider geographical distribution in
making grants?
In addition to the selection criteria listed in 396.30, the
Secretary, in making awards under this part, considers the geographical
distribution of projects, to the extent possible, where necessary to
best carry out the purposes of this program.
(Authority: Sec. 304(d)(1) of the Act; 29 U.S.C. 774(d)(1))
34 CFR 396.32 Does the Secretary give priority to certain existing
programs in making grants?
(a) The Secretary, in making awards under this part, gives priority
to public or private nonprofit agencies or organizations with existing
programs that have demonstrated their capacity for providing interpreter
training services.
(b) The Secretary implements this priority by selecting for funding
applications from existing programs with demonstrated capacity over
applications of comparable merit that do not reflect these
characteristics.
(Authority: Sec. 304(d)(1) of the Act; 29 U.S.C. 774(d)(1))
396.33 -- 396.39 (Reserved)
34 CFR 396.32 PARTS 397 -- 399 (RESERVED)
34 CFR 396.32 FINDING AIDS
A list of CFR titles, subtitles, chapters, subchapters, and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
Chap.
34 CFR 396.32 Table of CFR Titles and Chapters
34 CFR 396.32 Title 1 -- General Provisions
I Administrative Committee of the Federal Register (Parts 1 -- 49)
II Office of the Federal Register (Parts 50 -- 299)
III Administrative Conference of the United States (Parts 300 -- 399)
IV Miscellaneous Agencies (Parts 400 -- 500)
34 CFR 396.32 Title 2 -- (Reserved)
34 CFR 396.32 Title 3 -- The President
I Executive Office of the President (Parts 100 -- 199)
34 CFR 396.32 Title 4 -- Accounts
I General Accounting Office (Parts 1 -- 99)
II Federal Claims Collection Standards (General Accounting Office --
Department of Justice) (Parts 100 -- 299)
34 CFR 396.32 Title 5 -- Administrative Personnel
I Office of Personnel Management (Parts 1 -- 1199)
II Merit Systems Protection Board (Parts 1200 -- 1299)
III Office of Management and Budget (Parts 1300 -- 1399)
IV Advisory Committee on Federal Pay (Parts 1400 -- 1499)
V The International Organizations Employees Loyalty Board (Parts 1500
-- 1599)
VI Federal Retirement Thrift Investment Board (Parts 1600 -- 1699)
VII Advisory Commission on Intergovernmental Relations (Parts 1700 --
1799)
VIII Office of Special Counsel (Parts 1800 -- 1899)
IX Appalachian Regional Commission (Parts 1900 -- 1999)
XI United States Soldiers' and Airmen's Home (Parts 2100 -- 2199)
XIV Federal Labor Relations Authority, General Counsel of the Federal
Labor Relations Authority and Federal Service Impasses Panel (Parts 2400
-- 2499)
XV Office of Administration, Executive Office of the President (Parts
2500 -- 2599)
XVI Office of Government Ethics (Parts 2600 -- 2699)
34 CFR 396.32 Title 6 -- (Reserved)
34 CFR 396.32 Title 7 -- Agriculture
Subtitle A -- Office of the Secretary of Agriculture (Parts 0 -- 26)
Subtitle B -- Regulations of the Department of Agriculture
I Agricultural Marketing Service (Standards, Inspections, Marketing
Practices), Department of Agriculture (Parts 27 -- 209)
II Food and Nutrition Service, Department of Agriculture (Parts 210
-- 299)
III Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 300 -- 399)
IV Federal Crop Insurance Corporation, Department of Agriculture
(Parts 400 -- 499)
V Agricultural Research Service, Department of Agriculture (Parts 500
-- 599)
VI Soil Conservation Service, Department of Agriculture (Parts 600 --
699)
VII Agricultural Stabilization and Conservation Service (Agricultural
Adjustment), Department of Agriculture (Parts 700 -- 799)
VIII Federal Grain Inspection Service, Department of Agriculture
(Parts 800 -- 899)
IX Agricultural Marketing Service (Marketing Agreements and Orders;
Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900 -- 999)
X Agricultural Marketing Service (Marketing Agreements and Orders;
Milk), Department of Agriculture (Parts 1000 -- 1199)
XI Agricultural Marketing Service (Marketing Agreements and Orders;
Miscellaneous Commodities), Department of Agriculture (Parts 1200 --
1299)
XIV Commodity Credit Corporation, Department of Agriculture (Parts
1400 -- 1499)
XV Foreign Agricultural Service, Department of Agriculture (Parts
1500 -- 1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts 1600 --
1699)
XVII Rural Electrification Administration, Department of Agriculture
(Parts 1700 -- 1799)
XVIII Farmers Home Administration, Department of Agriculture (Parts
1800 -- 2099)
XXI Foreign Economic Development Service, Department of Agriculture
(Parts 2100 -- 2199)
XXII Office of International Cooperation and Development, Department
of Agriculture (Parts 2200 -- 2299)
XXV Office of the General Sales Manager, Department of Agriculture
(Parts 2500 -- 2599)
XXVI Office of Inspector General, Department of Agriculture (Parts
2600 -- 2699)
XXVII Office of Information Resources Management, Department of
Agriculture (Parts 2700 -- 2799)
XXVIII Office of Operations, Department of Agriculture (Parts 2800 --
2899)
XXIX Office of Energy, Department of Agriculture (Parts 2900 -- 2999)
XXX Office of Finance and Management, Department of Agriculture
(Parts 3000 -- 3099)
XXXI Office of Environmental Quality, Department of Agriculture
(Parts 3100 -- 3199)
XXXII Office of Grants and Program Systems, Department of Agriculture
(Parts 3200 -- 3299)
XXXIII Office of Transportation, Department of Agriculture (Parts
3300 -- 3399)
XXXIV Cooperative State Research Service, Department of Agriculture
(Parts 3400 -- 3499)
XXXVI National Agricultural Statistics Service, Department of
Agriculture (Parts 3600 -- 3699)
XXXVII Economic Research Service, Department of Agriculture (Parts
3700 -- 3799)
XXXVIII World Agricultural Outlook Board, Department of Agriculture
(Parts 3800 -- 3899)
XXXIX Economic Analysis Staff, Department of Agriculture (Parts 3900
-- 3999)
XL Economics Management Staff, Department of Agriculture (Parts 4000
-- 4099)
XLI National Agricultural Library, Department of Agriculture (Part
4100)
34 CFR 396.32 Title 8 -- Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice
(Parts 1 -- 499)
34 CFR 396.32 Title 9 -- Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 1 -- 199)
II Packers and Stockyards Administration, Department of Agriculture
(Parts 200 -- 299)
III Food Safety and Inspection Service, Meat and Poultry Inspection,
Department of Agriculture (Parts 300 -- 399)
34 CFR 396.32 Title 10 -- Energy
I Nuclear Regulatory Commission (Parts 0 -- 199)
II Department of Energy (Parts 200 -- 699)
III Department of Energy (Parts 700 -- 999)
X Department of Energy (General Provisions) (Parts 1000 -- 1099)
XV Office of the Federal Inspector for the Alaska Natural Gas
Transportation System (Parts 1500 -- 1599)
XVII Defense Nuclear Facilities Safety Board (Parts 1700 -- 1799)
34 CFR 396.32 Title 11 -- Federal Elections
I Federal Election Commission (Parts 1 -- 9099)
34 CFR 396.32 Title 12 -- Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1 --
199)
II Federal Reserve System (Parts 200 -- 299)
III Federal Deposit Insurance Corporation (Parts 300 -- 399)
IV Export-Import Bank of the United States (Parts 400 -- 499)
V Office of Thrift Supervision, Department of The Treasury (Parts 500
-- 599)
VI Farm Credit Administration (Parts 600 -- 699)
VII National Credit Union Administration (Parts 700 -- 799)
VIII Federal Financing Bank (Parts 800 -- 899)
IX Federal Housing Finance Board (Parts 900 -- 999)
XI Federal Financial Institutions Examination Council (Parts 1100 --
1199)
XIII Farm Credit System Assistance Board (Parts 1300 -- 1399)
XIV Farm Credit System Insurance Corporation (Parts 1400 -- 1499)
XV Thrift Depositor Protection Oversight Board (Parts 1500 -- 1599)
XVI Resolution Trust Corporation (Parts 1600 -- 1699)
34 CFR 396.32 Title 13 -- Business Credit and Assistance
I Small Business Administration (Parts 1 -- 199)
III Economic Development Administration, Department of Commerce
(Parts 300 -- 399)
34 CFR 396.32 Title 14 -- Aeronautics and Space
I Federal Aviation Administration, Department of Transportation
(Parts 1 -- 199)
II Office of the Secretary, Department of Transportation (Aviation
Proceedings) (Parts 200 -- 399)
III Office of Commercial Space Transportation, Department of
Transportation (Parts 400 -- 499)
V National Aeronautics and Space Administration (Parts 1200 -- 1299)
34 CFR 396.32 Title 15 -- Commerce and Foreign Trade
Subtitle A -- Office of the Secretary of Commerce (Parts 0 -- 29)
Subtitle B -- Regulations Relating to Commerce and Foreign Trade
I Bureau of the Census, Department of Commerce (Parts 30 -- 199)
II National Institute of Standards and Technology, Department of
Commerce (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
IV Foreign-Trade Zones Board (Parts 400 -- 499)
VII Bureau of Export Administration, Department of Commerce (Parts
700 -- 799)
VIII Bureau of Economic Analysis, Department of Commerce (Parts 800
-- 899)
IX National Oceanic and Atmospheric Administration, Department of
Commerce (Parts 900 -- 999)
XI Technology Administration, Department of Commerce (Parts 1100 --
1199)
XII United States Travel and Tourism Administration, Department of
Commerce (Parts 1200 -- 1299)
XIII East-West Foreign Trade Board (Parts 1300 -- 1399)
XIV Minority Business Development Agency (Parts 1400 -- 1499)
Subtitle C -- Regulations Relating to Foreign Trade Agreements
XX Office of the United States Trade Representative (Parts 2000 --
2099)
Subtitle D -- Regulations Relating to Telecommunications and
Information
XXIII National Telecommunications and Information Administration,
Department of Commerce (Parts 2300 -- 2399)
34 CFR 396.32 Title 16 -- Commercial Practices
I Federal Trade Commission (Parts 0 -- 999)
II Consumer Product Safety Commission (Parts 1000 -- 1799)
34 CFR 396.32 Title 17 -- Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1 -- 199)
II Securities and Exchange Commission (Parts 200 -- 399)
IV Department of the Treasury (Parts 400 -- 499)
34 CFR 396.32 Title 18 -- Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1
-- 399)
III Delaware River Basin Commission (Parts 400 -- 499)
VI Water Resources Council (Parts 700 -- 799)
VIII Susquehanna River Basin Commission (Parts 800 -- 899)
XIII Tennessee Valley Authority (Parts 1300 -- 1399)
34 CFR 396.32 Title 19 -- Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1
-- 199)
II United States International Trade Commission (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
34 CFR 396.32 Title 20 -- Employees' Benefits
I Office of Workers' Compensation Programs, Department of Labor
(Parts 1 -- 199)
II Railroad Retirement Board (Parts 200 -- 399)
III Social Security Administration, Department of Health and Human
Services (Parts 400 -- 499)
IV Employees' Compensation Appeals Board, Department of Labor (Parts
500 -- 599)
V Employment and Training Administration, Department of Labor (Parts
600 -- 699)
VI Employment Standards Administration, Department of Labor (Parts
700 -- 799)
VII Benefits Review Board, Department of Labor (Parts 800 -- 899)
VIII Joint Board for the Enrollment of Actuaries (Parts 900 -- 999)
IX Office of the Assistant Secretary for Veterans' Employment and
Training, Department of Labor (Parts 1000 -- 1099)
34 CFR 396.32 Title 21 -- Food and Drugs
I Food and Drug Administration, Department of Health and Human
Services (Parts 1 -- 1299)
II Drug Enforcement Administration, Department of Justice (Parts 1300
-- 1399)
34 CFR 396.32 Title 22 -- Foreign Relations
I Department of State (Parts 1 -- 199)
II Agency for International Development, International Development
Cooperation Agency (Parts 200 -- 299)
III Peace Corps (Parts 300 -- 399)
IV International Joint Commission, United States and Canada (Parts
400 -- 499)
V United States Information Agency (Parts 500 -- 599)
VI United States Arms Control and Disarmament Agency (Parts 600 --
699)
VII Overseas Private Investment Corporation, International
Development Cooperation Agency (Parts 700 -- 799)
IX Foreign Service Grievance Board Regulations (Parts 900 -- 999)
X Inter-American Foundation (Parts 1000 -- 1099)
XI International Boundary and Water Commission, United States and
Mexico, United States Section (Parts 1100 -- 1199)
XII United States International Development Cooperation Agency (Parts
1200 -- 1299)
XIII Board for International Broadcasting (Parts 1300 -- 1399)
XIV Foreign Service Labor Relations Board; Federal Labor Relations
Authority; General Counsel of the Federal Labor Relations Authority;
and the Foreign Service Impasse Disputes Panel (Parts 1400 -- 1499)
XV African Development Foundation (Parts 1500 -- 1599)
XVI Japan-United States Friendship Commission (Parts 1600 -- 1699)
34 CFR 396.32 Title 23 -- Highways
I Federal Highway Administration, Department of Transportation (Parts
1 -- 999)
II National Highway Traffic Safety Administration and Federal Highway
Administration, Department of Transportation (Parts 1200 -- 1299)
III National Highway Traffic Safety Administration, Department of
Transportation (Parts 1300 -- 1399)
34 CFR 396.32 Title 24 -- Housing and Urban Development
Subtitle A -- Office of the Secretary, Department of Housing and
Urban Development (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Housing and Urban Development
I Office of Assistant Secretary for Equal Opportunity, Department of
Housing and Urban Development (Parts 100 -- 199)
II Office of Assistant Secretary for Housing-Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 200 --
299)
III Government National Mortgage Association, Department of Housing
and Urban Development (Parts 300 -- 399)
V Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 500 --
599)
VI Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 600 --
699)
VII Office of the Secretary, Department of Housing and Urban
Development (Section 8 Housing Assistance Programs and Public and Indian
Housing Programs) (Parts 700 -- 799)
VIII Office of the Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Section 8
Housing Assistance Programs and Section 202 Direct Loan Program) (Parts
800 -- 899)
IX Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (Parts 900 -- 999)
X Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Interstate
Land Sales Registration Program) (Parts 1700 -- 1799)
XI Solar Energy and Energy Conservation Bank, Department of Housing
and Urban Development (Parts 1800 -- 1899)
XII Office of Inspector General, Department of Housing and Urban
Development (Parts 2000 -- 2099)
XV Mortgage Insurance and Loan Programs under the Emergency
Homeowners' Relief Act, Department of Housing and Urban Development
(Parts 2700 -- 2799)
XX Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 3200 --
3699)
XXV Neighborhood Reinvestment Corporation (Parts 4100 -- 4199)
34 CFR 396.32 Title 25 -- Indians
I Bureau of Indian Affairs, Department of the Interior (Parts 1 --
299)
II Indian Arts and Crafts Board, Department of the Interior (Parts
300 -- 399)
III National Indian Gaming Commission (Parts 500 -- 599)
IV Office of Navajo and Hopi Indian Relocation (Parts 700 -- 799)
34 CFR 396.32 Title 26 -- Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1 --
799)
34 CFR 396.32 Title 27 -- Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury
(Parts 1 -- 299)
34 CFR 396.32 Title 28 -- Judicial Administration
I Department of Justice (Parts 0 -- 199)
III Federal Prison Industries, Inc., Department of Justice (Parts 300
-- 399)
V Bureau of Prisons, Department of Justice (Parts 500 -- 599)
VI Offices of Independent Counsel, Department of Justice (Parts 600
-- 699)
VII Office of Independent Counsel (Parts 700 -- 799)
34 CFR 396.32 Title 29 -- Labor
Subtitle A -- Office of the Secretary of Labor (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Labor
I National Labor Relations Board (Parts 100 -- 199)
II Bureau of Labor-Management Relations and Cooperative Programs,
Department of Labor (Parts 200 -- 299)
III National Railroad Adjustment Board (Parts 300 -- 399)
IV Office of Labor-Management Standards, Department of Labor (Parts
400 -- 499)
V Wage and Hour Division, Department of Labor (Parts 500 -- 899)
IX Construction Industry Collective Bargaining Commission (Parts 900
-- 999)
X National Mediation Board (Parts 1200 -- 1299)
XII Federal Mediation and Conciliation Service (Parts 1400 -- 1499)
XIV Equal Employment Opportunity Commission (Parts 1600 -- 1699)
XVII Occupational Safety and Health Administration, Department of
Labor (Parts 1900 -- 1999)
XX Occupational Safety and Health Review Commission (Parts 2200 --
2499)
XXV Pension and Welfare Benefits Administration, Department of Labor
(Parts 2500 -- 2599)
XXVI Pension Benefit Guaranty Corporation (Parts 2600 -- 2699)
XXVII Federal Mine Safety and Health Review Commission (Parts 2700 --
2799)
34 CFR 396.32 Title 30 -- Mineral Resources
I Mine Safety and Health Administration, Department of Labor (Parts 1
-- 199)
II Minerals Management Service, Department of the Interior (Parts 200
-- 299)
III Board of Surface Mining and Reclamation Appeals, Department of
the Interior (Parts 300 -- 399)
IV Geological Survey, Department of the Interior (Parts 400 -- 499)
VI Bureau of Mines, Department of the Interior (Parts 600 -- 699)
VII Office of Surface Mining Reclamation and Enforcement, Department
of the Interior (Parts 700 -- 999)
34 CFR 396.32 Title 31 -- Money and Finance: Treasury
Subtitle A -- Office of the Secretary of the Treasury (Parts 0 -- 50)
Subtitle B -- Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts 51 -- 199)
II Fiscal Service, Department of the Treasury (Parts 200 -- 399)
IV Secret Service, Department of the Treasury (Parts 400 -- 499)
V Office of Foreign Assets Control, Department of the Treasury (Parts
500 -- 599)
VI Bureau of Engraving and Printing, Department of the Treasury
(Parts 600 -- 699)
VII Federal Law Enforcement Training Center, Department of the
Treasury (Parts 700 -- 799)
VIII Office of International Investment, Department of the Treasury
(Parts 800 -- 899)
34 CFR 396.32 Title 32 -- National Defense
Subtitle A -- Department of Defense
I Office of the Secretary of Defense (Parts 1 -- 399)
V Department of the Army (Parts 400 -- 699)
VI Department of the Navy (Parts 700 -- 799)
VII Department of the Air Force (Parts 800 -- 1099)
Subtitle B -- Other Regulations Relating to National Defense
XII Defense Logistics Agency (Parts 1200 -- 1299)
XVI Selective Service System (Parts 1600 -- 1699)
XIX Central Intelligence Agency (Parts 1900 -- 1999)
XX Information Security Oversight Office (Parts 2000 -- 2099)
XXI National Security Council (Parts 2100 -- 2199)
XXIV Office of Science and Technology Policy (Parts 2400 -- 2499)
XXVII Office for Micronesian Status Negotiations (Parts 2700 -- 2799)
XXVIII Office of the Vice President of the United States (Parts 2800
-- 2899)
34 CFR 396.32 Title 33 -- Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Corps of Engineers, Department of the Army (Parts 200 -- 399)
IV Saint Lawrence Seaway Development Corporation, Department of
Transportation (Parts 400 -- 499)
34 CFR 396.32 Title 34 -- Education
Subtitle A -- Office of the Secretary, Department of Education (Parts
1 -- 99)
Subtitle B -- Regulations of the Offices of the Department of
Education
I Office for Civil Rights, Department of Education (Parts 100 -- 199)
II Office of Elementary and Secondary Education, Department of
Education (Parts 200 -- 299)
III Office of Special Education and Rehabilitative Services,
Department of Education (Parts 300 -- 399)
IV Office of Vocational and Adult Education, Department of Education
(Parts 400 -- 499)
V Office of Bilingual Education and Minority Languages Affairs,
Department of Education (Parts 500 -- 599)
VI Office of Postsecondary Education, Department of Education (Parts
600 -- 699)
VII Office of Educational Research and Improvement, Department of
Education (Parts 700 -- 799)
34 CFR 396.32 Title 35 -- Panama Canal
I Panama Canal Regulations (Parts 1 -- 299)
34 CFR 396.32 Title 36 -- Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1 -- 199)
II Forest Service, Department of Agriculture (Parts 200 -- 299)
III Corps of Engineers, Department of the Army (Parts 300 -- 399)
IV American Battle Monuments Commission (Parts 400 -- 499)
V Smithsonian Institution (Parts 500 -- 599)
VII Library of Congress (Parts 700 -- 799)
VIII Advisory Council on Historic Preservation (Parts 800 -- 899)
IX Pennsylvania Avenue Development Corporation (Parts 900 -- 999)
XI Architectural and Transportation Barriers Compliance Board (Parts
1100 -- 1199)
XII National Archives and Records Administration (Parts 1200 -- 1299)
34 CFR 396.32 Title 37 -- Patents, Trademarks, and Copyrights
I Patent and Trademark Office, Department of Commerce (Parts 1 --
199)
II Copyright Office, Library of Congress (Parts 200 -- 299)
III Copyright Royalty Tribunal (Parts 300 -- 399)
IV Assistant Secretary for Technology Policy, Department of Commerce
(Parts 400 -- 499)
V Under Secretary for Technology, Department of Commerce (Parts 500
-- 599)
34 CFR 396.32 Title 38 -- Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0 -- 99)
34 CFR 396.32 Title 39 -- Postal Service
I United States Postal Service (Parts 1 -- 999)
III Postal Rate Commission (Parts 3000 -- 3099)
34 CFR 396.32 Title 40 -- Protection of Environment
I Environmental Protection Agency (Parts 1 -- 799)
V Council on Environmental Quality (Parts 1500 -- 1599)
34 CFR 396.32 Title 41 -- Public Contracts and Property Management
Subtitle B -- Other Provisions Relating to Public Contracts
50 Public Contracts, Department of Labor (Parts 50-1 -- 50-999)
51 Committee for Purchase from the Blind and Other Severely
Handicapped (Parts 51-1 -- 51-99)
60 Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Parts 60-1 -- 60-999)
61 Office of the Assistant Secretary for Veterans Employment and
Training, Department of Labor (Parts 61-1 -- 61-999)
Subtitle C -- Federal Property Management Regulations System
101 Federal Property Management Regulations (Parts 101-1 -- 101-99)
105 General Services Administration (Parts 105-1 -- 105-999)
109 Department of Energy Property Management Regulations (Parts 109-1
-- 109-99)
114 Department of the Interior (Parts 114-1 -- 114-99)
115 Environmental Protection Agency (Parts 115-1 -- 115-99)
128 Department of Justice (Parts 128-1 -- 128-99)
132 Department of the Air Force (Parts 132-1 -- 132-99)
Subtitle D -- Other Provisions Relating to Property Management
(Reserved)
Subtitle E -- Federal Information Resources Management Regulations
System
201 Federal Information Resources Management Regulation (Parts 201-1
-- 201-99)
Subtitle F -- Federal Travel Regulation System
301 Travel Allowances (Parts 301-1 -- 301-99)
302 Relocation Allowances (Parts 302-1 -- 302-99)
303 Payment of Expenses Connected with the Death of Certain Employees
(Parts 303-1 -- 303-2)
304 Payment from a non-Federal source for travel expenses (Parts
304-1 -- 304-99)
34 CFR 396.32 Title 42 -- Public Health
I Public Health Service, Department of Health and Human Services
(Parts 1 -- 199)
IV Health Care Financing Administration, Department of Health and
Human Services (Parts 400 -- 499)
V Office of Inspector General-Health Care, Department of Health and
Human Services (Parts 1000 -- 1999)
34 CFR 396.32 Title 43 -- Public Lands: Interior
Subtitle A -- Office of the Secretary of the Interior (Parts 1 --
199)
Subtitle B -- Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior (Parts 200 --
499)
II Bureau of Land Management, Department of the Interior (Parts 1000
-- 9999)
34 CFR 396.32 Title 44 -- Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0 -- 399)
IV Department of Commerce and Department of Transportation (Parts 400
-- 499)
34 CFR 396.32 Title 45 -- Public Welfare
Subtitle A -- Department of Health and Human Services, General
Administration (Parts 1 -- 199)
Subtitle B -- Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs), Family Support
Administration, Department of Health and Human Services (Parts 200 --
299)
III Office of Child Support Enforcement (Child Support Enforcement
Program), Family Support Administration, Department of Health and Human
Services (Parts 300 -- 399)
IV Office of Refugee Resettlement, Administration for Children and
Families Department of Health and Human Services (Parts 400 -- 499)
V Foreign Claims Settlement Commission of the United States,
Department of Justice (Parts 500 -- 599)
VI National Science Foundation (Parts 600 -- 699)
VII Commission on Civil Rights (Parts 700 -- 799)
VIII Office of Personnel Management (Parts 800 -- 899)
X Office of Community Services, Family Support Administration,
Department of Health and Human Services (Parts 1000 -- 1099)
XI National Foundation on the Arts and the Humanities (Parts 1100 --
1199)
XII ACTION (Parts 1200 -- 1299)
XIII Office of Human Development Services, Department of Health and
Human Services (Parts 1300 -- 1399)
XVI Legal Services Corporation (Parts 1600 -- 1699)
XVII National Commission on Libraries and Information Science (Parts
1700 -- 1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800 -- 1899)
XX Commission on the Bicentennial of the United States Constitution
(Parts 2000 -- 2099)
XXI Commission on Fine Arts (Parts 2100 -- 2199)
XXII Christopher Columbus Quincentenary Jubilee Commission (Parts
2200 -- 2299)
XXIV James Madison Memorial Fellowship Foundation (Parts 2400 --
2499)
34 CFR 396.32 Title 46 -- Shipping
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Maritime Administration, Department of Transportation (Parts 200
-- 399)
III Coast Guard (Great Lakes Pilotage), Department of Transportation
(Parts 400 -- 499)
IV Federal Maritime Commission (Parts 500 -- 599)
34 CFR 396.32 Title 47 -- Telecommunication
I Federal Communications Commission (Parts 0 -- 199)
II Office of Science and Technology Policy and National Security
Council (Parts 200 -- 299)
III National Telecommunications and Information Administration,
Department of Commerce (Parts 300 -- 399)
34 CFR 396.32 Title 48 -- Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1 -- 99)
2 Department of Defense (Parts 200 -- 299)
3 Department of Health and Human Services (Parts 300 -- 399)
4 Department of Agriculture (Parts 400 -- 499)
5 General Services Administration (Parts 500 -- 599)
6 Department of State (Parts 600 -- 699)
7 Agency for International Development (Parts 700 -- 799)
8 Department of Veterans Affairs (Parts 800 -- 899)
9 Department of Energy (Parts 900 -- 999)
10 Department of the Treasury (Parts 1000 -- 1099)
12 Department of Transportation (Parts 1200 -- 1299)
13 Department of Commerce (Parts 1300 -- 1399)
14 Department of the Interior (Parts 1400 -- 1499)
15 Environmental Protection Agency (Parts 1500 -- 1599)
16 Office of Personnel Management Federal Employees Health Benefits
Acquisition Regulation (Parts 1600 -- 1699)
17 Office of Personnel Management (Parts 1700 -- 1799)
18 National Aeronautics and Space Administration (Parts 1800 -- 1899)
19 United States Information Agency (Parts 1900 -- 1999)
22 Small Business Administration (Parts 2200 -- 2299)
24 Department of Housing and Urban Development (Parts 2400 -- 2499)
25 National Science Foundation (Parts 2500 -- 2599)
28 Department of Justice (Parts 2800 -- 2899)
29 Department of Labor (Parts 2900 -- 2999)
34 Department of Education Acquisition Regulation (Parts 3400 --
3499)
35 Panama Canal Commission (Parts 3500 -- 3599)
44 Federal Emergency Management Agency (Parts 4400 -- 4499)
51 Department of the Army Acquisition Regulations (Parts 5100 --
5199)
52 Department of the Navy Acquisition Regulations (Parts 5200 --
5299)
53 Department of the Air Force Federal Acquisition Regulation
Supplement (Parts 5300 -- 5399)
57 African Development Foundation (Parts 5700 -- 5799)
61 General Services Administration Board of Contract Appeals (Parts
6100 -- 6199)
63 Department of Transportation Board of Contract Appeals (Parts 6300
-- 6399)
99 Cost Accounting Standards Board, Office of Federal Procurement
Policy, Office of Management and Budget (Parts 9900 -- 9999)
34 CFR 396.32 Title 49 -- Transportation
Subtitle A -- Office of the Secretary of Transportation (Parts 1 --
99)
Subtitle B -- Other Regulations Relating to Transportation
I Research and Special Programs Administration, Department of
Transportation (Parts 100 -- 199)
II Federal Railroad Administration, Department of Transportation
(Parts 200 -- 299)
III Federal Highway Administration, Department of Transportation
(Parts 300 -- 399)
IV Coast Guard, Department of Transportation (Parts 400 -- 499)
V National Highway Traffic Safety Administration, Department of
Transportation (Parts 500 -- 599)
VI Federal Transit Administration, Department of Transportation
(Parts 600 -- 699)
VII National Railroad Passenger Corporation (AMTRAK) (Parts 700 --
799)
VIII National Transportation Safety Board (Parts 800 -- 899)
X Interstate Commerce Commission (Parts 1000 -- 1399)
34 CFR 396.32 Title 50 -- Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Interior
(Parts 1 -- 199)
II National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 200 -- 299)
III International Regulatory Agencies (Fishing and Whaling) (Parts
300 -- 399)
IV Joint Regulations (United States Fish and Wildlife Service,
Department of the Interior and National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, Department of
Commerce); Endangered Species Committee Regulations (Parts 400 -- 499)
V Marine Mammal Commission (Parts 500 -- 599)
VI Fishery Conservation and Management, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 600 -- 699)
34 CFR 396.32 CFR Index and Finding Aids Subject/Agency List of
Agency Prepared Indexes Parallel Tables of Statutory Authorities and
Rules Acts Requiring Publication in the Federal Register List of CFR
Titles, Chapters, Subchapters, and Parts
34 CFR 396.32 Alphabetical List of Agencies Appearing in the CFR
CFR Title, Subtitle or
Agency
Chapter
ACTION 45, XII
Administrative Committee of the Federal Register 1, I
Administrative Conference of the United States 1, III
Advisory Commission on Intergovernmental Relations 5, VII
Advisory Committee on Federal Pay 5, IV
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV; 48, 57
Agency for International Development 22, II; 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Agriculture Department
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Commodity Credit Corporation 7, XIV
Cooperative State Research Service 7, XXXIV
Economic Analysis Staff 7, XXXIX
Economic Research Service 7, XXXVII
Economics Management Staff 7, XL
Energy, Office of 7, XXIX
Environmental Quality, Office of 7, XXXI
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Federal Grain Inspection Service 7, VIII
Finance and Management, Office of 7, XXX
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Economic Development Service 7, XXI
Forest Service 36, II
General Sales Manager, Office of 7, XXV
Grants and Program Systems, Office of 7, XXXII
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
International Cooperation and Development Office 7, XXII
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Operations Office 7, XXVIII
Packers and Stockyards Administration 9, II
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Secretary of Agriculture, Office of 7, Subtitle A
Soil Conservation Service 7, VI
Transportation, Office of 7, XXXIII
World Agriculture Outlook Board 7, XXXVIII
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Federal Acquisition Regulation Supplement 48, 53
Alaska Natural Gas Transportation System, Office of the Federal
Inspector 10, XV
Alcohol, Tobacco and Firearms, Bureau of 27, I
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers Compliance Board 36, XI
Arms Control and Disarmament Agency, U.S. 22, VI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Assistant Secretary for Technology Policy, Department of Commerce 37,
IV
Benefits Review Board 20, VII
Bicentennial of the United States Constitution, Commission on the 45,
XX
Bilingual Education and Minority Languages Affairs, Office of 34, V
Blind and Other Severely Handicapped, Committee for Purchase from 41,
51
Board for International Broadcasting 22, XIII
Budget, Office of Management and 5, III
Census Bureau 15, I
Central Intelligence Agency 32, XIX
Child Support Enforcement, Office of 45, III
Christopher Columbus Quincentenary Jubilee Commission 45, XXII
Civil Rights Commission 45, VII
Civil Rights, Office for (Education Department) 34, I
Claims Collection Standards, Federal 4, II
Coast Guard 33, I; 46, I, III; 49, IV
Commerce Department 44, IV
Census Bureau 15, I
Assistant Secretary for Technology Policy 37, IV
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Endangered Species Committee 50, IV
Export Administration Bureau 15, VII
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Telecommunications and Information Administration 15, XXIII;
47, III
Patent and Trademark Office 37, I
Productivity, Technology and Innovation, Assistant Secretary for 37,
IV
Secretary of Commerce, Office of 15, Subtitle A
Technology Administration 15, XI
Under Secretary for Technology 37, V
United States Travel and Tourism Administration 15, XII
Commercial Space Transportation, Office of, Department of
Transportation 14, III
Commission on the Bicentennial of the United States Constitution 45,
XX
Committee for Purchase from the Blind and Other Severely Handicapped
41, 51
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 17, I
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining Commission 29, IX
Consumer Product Safety Commission 16, II
Cooperative State Research Service 7, XXXIV
Copyright Office 37, II
Copyright Royalty Tribunal 37, III
Cost Accounting Standards Board, Office of Federal Procurement Policy
48, 99
Council on Environmental Quality 40, V
Customs Service, United States 19, I
Defense Department 32, Subtitle A
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Army Department 32, V; 33, II; 36, III, 48, 51
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 2
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 32, I
Defense Logistics Agency 32, XII
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary (Commerce) 37, V
Economic Analysis, Bureau of 15, VIII
Economic Analysis Staff, Department of Agriculture 7, XXXIX
Economic Development Administration 13, III
Economics Management Staff 7, XL
Economic Research Service 7, XXXVII
Education, Department of
Bilingual Education and Minority Languages Affairs, Office of 34, V
Civil Rights, Office for 34, I
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, Office of 34, III
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board, International Organizations 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 10, II, III, X; 41, 109
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 18, I
Energy, Office of, Department of Agriculture 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 40, I; 41, 115; 48, 15
Environmental Quality, Office of (Agriculture Department) 7, XXXI
Equal Employment Opportunity Commission 29, XIV
Equal Opportunity, Office of Assistant Secretary for 24, I
Executive Office of the President 3, I
Administration, Office of 5, XV
Export Administration Bureau 15, VII
Export-Import Bank of the United States 12, IV
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Farm Credit Administration 12, VI
Farm Credit System Assistance Board 12, XIII
Farm Credit System Insurance Corporation 12, XIV
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Federal Claims Collection Standards 4, II
Federal Communications Commission 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I; 48, 44
Federal Energy Regulatory Commission 18, I
Federal Financial Institutions Examination Council 12, XI
Federal Financing Bank 12, VIII
Federal Grain Inspection Service 7, VIII
Federal Highway Administration 23, I, II; 49, III
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Finance Board 12, IX
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Inspector for the Alaska Natural Gas Transportation System,
Office of 10, XV
Federal Labor Relations Authority, and General Counsel of the Federal
Labor Relations Authority 5, XIV; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 29, XXVII
Federal Pay, Advisory Committee on 5, IV
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Property Management Regulations System 41, Subtitle C
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Federal Retirement Thrift Investment Board 5, VI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 16, I
Federal Travel Regulation System 41, Subtitle F
Finance and Management, Department of Agriculture 7, XXX
Fine Arts Commission 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Fishing and Whaling, International Regulatory Agencies 50, III
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of United States 45, V
Foreign Economic Development Service 7, XXI
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Accounting Office 4, I, II, III
General Sales Manager, Office of 7, XXV
General Services Administration
Contract Appeals Board 48, 61
Federal Acquisition Regulation 48, 5
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Property Management Regulations System 41, 101, 105
Federal Travel Regulation System 41, Subtitle F
Payment from a non-Federal source for travel expenses 41, 304
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Relocation Allowances 41, 302
Travel Allowances 41, 301
Geological Survey 30, IV
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grants and Program Systems, Office of 7, XXXII
Great Lakes Pilotage 46, III
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 45, Subtitle A
Child Support Enforcement, Office of 45, III
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Health Care Financing Administration 42, IV
Human Development Services Office 45, XIII
Inspector General, Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Social Security Administration 20, III; 45, IV
Health Care Financing Administration 42, IV
Housing and Urban Development, Department of
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Equal Opportunity, Office of Assistant Secretary for 24, I
Federal Acquisition Regulation 48, 24
Government National Mortgage Association 24, III
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Inspector General, Office of 24, XII
Mortgage Insurance and Loan Programs Under Emergency Homeowners'
Relief Act 24, XV
Public and Indian Housing, Office of Assistant Secretary for 24, IX
Secretary, Office of 24, Subtitle B, VII
Solar Energy and Energy Conservation Bank 24, XI
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Human Development Services Office 45, XIII
Immigration and Naturalization Service 8, I
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Information Agency, United States 22, V; 48, 19
Information Resources Management, Office of, Agriculture Department
7, XXVII
Information Security Oversight Office 32, XX
Inspector General, Office of, Agriculture Department 7, XXVI
Inspector General, Office of, Health and Human Services Department
42, V
Inspector General, Office of, Housing and Urban Development
Department 24, XII
Inter-American Foundation 22, X
Intergovernmental Relations, Advisory Commission on 5, VII
Interior Department
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Land Management Bureau 43, II
Minerals Management Service 30, II
Mines, Bureau of 30, VI
National Park Service 36, I
Reclamation Bureau 43, I
Secretary of the Interior, Office of 43, Subtitle A
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, Office of 30, VII
United States Fish and Wildlife Service 50, I, IV
Internal Revenue Service 26, I
International Boundary and Water Commission, United States and Mexico
22, XI
International Cooperation and Development Office, Department of
Agriculture 7, XXII
International Development, Agency for 22, II
International Development Cooperation Agency 22, XII
International Development, Agency for 22, II
Overseas Private Investment Corporation 22, VII
International Joint Commission, United States and Canada 22, IV
International Organizations Employees Loyalty Board 5, V
International Regulatory Agencies (Fishing and Whaling) 50, III
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 49, X
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 28, I; 41, 128
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 4, II
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the United States 45, V
Immigration and Naturalization Service 8, I
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Labor Department
Benefits Review Board 20, VII
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office of 41, 60
Federal Procurement Regulations System 41, 50
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Pension and Welfare Benefits Administration 29, XXV
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Management and Budget, Office of 5, III; 48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II
Micronesian Status Negotiations, Office for 32, XXVII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Mines, Bureau of 30, VI
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Mortgage Insurance and Loan Programs Under the Emergency Homeowners'
Relief Act, Department of Housing and Urban Development 24, XV
National Aeronautics and Space Administration 14, V; 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Archives and Records Administration 36, XII
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information Science 45, XVII
National Credit Union Administration 12, VII
National Foundation on the Arts and the Humanities 45, XI
National Highway Traffic Safety Administration 23, II, III; 49, V
National Indian Gaming Commission 25, III
National Institute of Standards and Technology 15, II
National Labor Relations Board 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 45, VI; 48, 25
National Security Council 32, XXI
National Security Council and Office of Science and Technology Policy
47, II
National Telecommunications and Information Administration 15, XXIII;
47, III
National Transportation Safety Board 49, VIII
Navy Department 32, VI; 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Nuclear Regulatory Commission 10, I
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Office of Independent Counsel 28, VII
Office of Navajo and Hopi Indian Relocation 25, IV
Offices of Independent Counsel, Department of Justice 28, VI
Operations Office, Department of Agriculture 7, XXVIII
Overseas Private Investment Corporation 22, VII
Oversight Board 12, XV
Packers and Stockyards Administration 9, II
Panama Canal Commission 48, 35
Panama Canal Regulations 35, I
Patent and Trademark Office 37, I
Payment from a non-Federal source for travel expenses 41, 304
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension and Welfare Benefits Administration, Department of Labor 29,
XXV
Pension Benefit Guaranty Corporation 29, XXVI
Personnel Management, Office of 5, I; 45, VIII; 48, 17
Federal Employees Health Benefits Acquisition Regulation 48, 16
Postal Rate Commission 39, III
Postal Service, United States 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House Fellowships 1, IV
Presidential Documents 3
Prisons, Bureau of 28, V
Productivity, Technology and Innovation, Assistant Secretary
(Commerce) 37, IV
Property Management Regulations System, Federal 41, Subtitle C
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation Bureau 43, I
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Special Programs Administration 49, I
Resolution Trust Corporation 12, XVI
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and National Security
Council 47, II
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 13, I; 48, 22
Smithsonian Institution 36, V
Social Security Administration 20, III; 45, IV
Soil Conservation Service 7, VI
Solar Energy and Energy Conservation Bank, Department of Housing and
Urban Development 24, XI
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, Office of 34, III
State Department 22, I
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Tennessee Valley Authority 18, XIII
Thrift Supervision Office, Department of the Treasury 12, V
Trade Representative, United States, Office of 15, XX
Transportation, Department of 44, IV
Coast Guard 33, I; 46, I, III; 49, IV
Commercial Space Transportation, Office of 14, III
Contract Appeals Board 48, 63
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II; 49, III
Federal Railroad Administration 49, II
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Research and Special Programs Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Urban Mass Transportation Administration 49, VI
Transportation, Office of, Department of Agriculture 7, XXXIII
Travel Allowances 41, 301
Travel and Tourism Administration, United States 15, XII
Treasury Department 17, IV
Alcohol, Tobacco and Firearms, Bureau of 27, I
Comptroller of the Currency 12, I
Customs Service, United States 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision Office 12, V
United States Customs Service 19, I
Truman, Harry S. Scholarship Foundation 45, XVIII
Under Secretary for Technology, Department of Commerce 37, V
United States and Canada, International Joint Commission 22, IV
United States Arms Control and Disarmament Agency 22, VI
United States Customs Service 19, I
United States Fish and Wildlife Service 50, I, IV
United States Information Agency 22, V; 48, 19
United States International Development Cooperation Agency 22, XII
United States International Trade Commission 19, II
United States Postal Service 39, I
United States Soldiers' and Airmen's Home 5, XI
United States Trade Representative, Office of 15, XX
United States Travel and Tourism Adminstration 15, XII
Urban Mass Transportation Administration 49, VI
Veterans Affairs Department 38, I; 48, 8
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agriculture Outlook Board 7, XXXVIII
34 CFR 396.32 34 CFR (7-1-92 Edition)
34 CFR 396.32 List of CFR Sections Affected
34 CFR 396.32 List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations which
were made by documents published in the Federal Register since January
1, 1986, are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters and parts as
well as sections for revisions.
For the period before January 1, 1986, see the ''List of CFR Sections
Affected, 1949-1963, 1964-1972, and 1973-1985,'' published in seven
separate volumes.
34 CFR 396.32 1986
34 CFR
51 FR
Page
Chapter III
300 Authority citation revised 19311
300.262 (a) revised (effective date pending) 19311
300.580 Removed (effective date pending) 17905
300.581 -- 300.584 Added (effective date pending) 17905
300.585 Added (effective date pending) 17906
300.586 Added (effective date pending) 17906
300.587 Removed (effective date pending) 17906
300.588 Removed (effective date pending) 17906
300.589 (g) revised (effective date pending) 17906
300.620 Revised (effective date pending) 19311
369.1 (b)(6) and (7) redesignated as (b)(7) and (8); new (b)(6)
added 3895
369.2 (h) added 3895
369.3 Revised 3895
369.30 (a) revised 3895
369.32 Introductory text revised 3895
376 Added 3895
34 CFR 396.32 1987
34 CFR
52 FR
Page
Chapter III
309 Revised (effective date pending) 29817
315 Heading and authority citation revised (effective date pending)
31958
315.1 Heading revised; text amended; nomenclature change (effective
date pending) 31958
315.10 Nomenclature change (effective date pending) 31958
315.11 Nomenclature change (effective date pending) 31958
315.12 Nomenclature change; (a) introductory text and (4) and (b)(2)
amended (effective date pending) 31958
315.13 Nomenclature change; (a) revised; (c) redesignated as (d);
new (c) added (effective date pending) 31958
315.14 Amended (effective date pending) 31959
315.30 (a) amended (effective date pending) 31959
315.31 Redesignated as 315.32 and revised; new 315.31 added
(effective date pending) 31959
315.32 Redesignated from 315.31 and revised (effective date pending)
31959
315.33 Added (effective date pending) 31959
315.34 Added (effective date pending) 31960
319 Added (effective date pending) 25831
320 Heading and authority citation revised 26657
320.1 Heading, introductory text and (a) revised; (b) amended; (c)
redesignated as (d); new (c) added (effective date pending) 26657
320.10 (a)(2) removed; (a)(3) and (c) redesignated as (a)(2) and
(d); (a)(1)(iii) and (b) amended; new (c) added (effective date
pending) 26657
320.30 (b)(2)(iii) amended (effective date pending) 26657
320.40 (b) revised (effective date pending) 26657
324 Authority citation revised 43482
324.1 (a) and (b) revised (effective date pending) 43483
324.10 Introductory text and (a) through (e) revised; (f) and (g)
redesignated as (g) and (h); new (f) added (effective date pending)
43483
324.11 (a) and (b) amended (effective date pending) 43483
324.31 (f), (g) and (h)(1) revised (effective date pending) 43483
324.32 (h)(1) revised (effective date pending) 43483
326 Authority citation revised 34368
326.1 (a)(2) (i) and (ii) revised; (a)(2)(iii) added (effective date
pending) 34368
326.4 (c)(1) (i) and (ii) revised; (c)(1)(iii) added (effective date
pending) 34368
326.10 (a)(3) amended; (a)(4) revised (effective date pending) 34369
326.20 (b) revised (effective date pending) 34369
326.30 (b) and (e) amended; (i), (j), and (k) added (effective date
pending 34369
326.34 Added (effective date pending) 34369
338 Authority citation revised 6143
338.10 (a)(5) removed (effective date pending) 6143
338.32 Added (effective date pending) 6143
338.40 (Subpart E) Added (effective date pending) 6143
350 Heading and authority citation revised (effective date pending)
30060
350.1 Heading, (a) (1) and (3), and authority citation revised; (a)
introductory text republished (effective date pending) 30060
350.2 (b), (c), and authority citation revised; (d) added (effective
date pending) 30061
350.3 Introductory text and (a)(2) revised (effective date pending)
30061
350.4 (a) introductory text and (b) introductory text revised; (b)
amended (effective date pending) 30061
350.30 Revised (effective date pending) 30061
350.32 (a) and authority citation revised (effective date pending)
30061
350.33 (a), (b), and (e) revised; (c) amended (effective date
pending) 30062
350.34 Heading revised (effective date pending) 30062
350.35 Added (effective date pending) 30062
350.40 (b)(1) introductory text republished; (b)(1)(iii) revised
(effective date pending) 30062
351 Heading and authority citation revised (effective date pending)
30062
351.1 Nomenclature changes (effective date pending) 30062
351.10 Introductory text and (b) introductory text republished; (a),
(b) (6) and (7), and authority citation revised; (b) (8) and (9) added;
nomenclature changes (effective date pending) 30062
352 Heading and authority citation revised (effective date pending)
30063
352.10 (b) and (d) revised (effective date pending) 30063
352.31 Revised (effective date pending) 30063
352.40 (Subpart E) Added (effective date pending) 30064
353 Heading and authority citation revised (effective date pending)
30064
353.1 (b) and (c) revised (effective date pending) 30064
353.10 (a) introductory text and (b) introductory text republished;
(a) (iii) and (iv) amended; (a)(v) added; (b)(1) revised (effective
date pending) 30064
353.31 Revised (effective date pending) 30064
354 Heading and authority citation revised (effective date pending)
30065
355 Heading and authority citation revised (effective date pending)
30065
356 Heading and authority citation revised (effective date pending)
30065
356.30 (b)(1) amended (effective date pending) 30065
356.32 (b) amended (effective date pending) 30065
357 Heading and authority citation revised (effective date pending)
30065
357.1 (b) and (c) amended (effective date pending) 30065
358 Heading and authority citation revised (effective date pending)
30065
359 Heading and authority citation revised (effective date pending)
30065
359.32 Added (effective date pending) 30066
363 Added (effective date pending) 30550
371 Heading and authority citation revised (effective date pending)
30555
371.1 Revised (effective date pending) 30555
371.2 Amended (effective date pending) 30555
371.4 (b) (1) through (4) designations removed; (b) amended
(effective date pending) 30555
371.10 Amended (effective date pending) 30555
371.20 Amended (effective date pending) 30555
371.21 (c), (d), (e), (f), (g), and (h) amended; (i) revised
(effective date pending) 30555
371.30 (f)(2) (i) and (ii) amended (effective date pending) 30555
371.40 Revised (effective date pending) 30556
371.41 (a)(2) and (b) amended (effective date pending) 30555
371.42 Amended (effective date pending) 30555
Revised (effective date pending) 30556
371.43 (a) and (b) amended (effective date pending) 30555
386 Authority citation revised 30556
386.1 Revised (effective date pending) 30556
386.4 Revised (effective date pending) 30556
386.30 (c) and (h)(2)(iii) amended (effective date pending) 30556
386.42 Revised (effective date pending) 30556
386.43 Added (effective date pending) 30557
386.44 Added (effective date pending) 30557
386.45 Added (effective date pending) 30558
386.46 Added (effective date pending) 30558
386.47 Added (effective date pending) 30558
34 CFR 396.32 1988
34 CFR
53 FR
Page
Chapter III
300.121 OMB number 49144
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300.148 OMB number 49144
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300.383 OMB number 49144
300.384 OMB number 49144
300.385 OMB number 49144
300.387 OMB number 49144
300.507 OMB number 49144
300.754 OMB number 49144
302 Authority citation revised 49144
302.21 OMB number 49144
302.25 OMB number 49144
302.30 OMB number 49144
304 Authority citation revised 6944
304.10 -- 304.16 (Subpart B) Heading revised (effective date pending)
6945
304.10 -- 304.11 Undesignated center heading added (effective date
pending) 6945
304.11 OMB number (effective date pending) 6945
304.15 -- 304.16 Undesignated center heading added (effective date
pending) 6945
304.15 Added (effective date pending) 6945
304.16 Added (effective date pending) 6945
304.20 -- 304.21 (Subpart C) Heading revised (effective date pending)
6945
304.20 Heading and (b)(2) revised; (d) added (effective date
pending) 6945
304.21 Revised (effective date pending) 6945
305 Heading and authority citation revised (effective date pending)
3525
305.1 Revised (effective date pending) 3525
305.2 Revised (effective date pending) 3525
305.3 Revised (effective date pending) 3525
305.10 Revised (effective date pending) 3525
305.11 (f) revised (effective date pending) 3525
305.12 Removed (effective date pending) 3525
305.40 (Subpart E) Heading revised (effective date pending) 3525
Introductory text and authority citation revised; (c) added
(effective date pending) 3525
307.40 OMB number 49145
309.21 OMB number 49145
315.32 OMB number 49145
315.33 OMB number 49145
316 Added (effective date pending) 45732
318 Revised (effective date pending) 45734
322 Removed 4620
324 Authority citation revised 49145
Authority citation corrected 49966
324.31 OMB number 49145
324.32 OMB number 49145
326.32 OMB number 49145
326.33 OMB number 49145
327 Authority citation revised 28350
327.2 (b) revised (effective date pending) 28351
327.10 Introductory text republished; (a) through (e) revised
(effective date pending) 28351
327.31 (g) amended (effective date pending) 28351
327.40 Introductory text and (b) revised (effective date pending)
28351
(b) corrected 29988
330 Authority citation revised 41085
330.1 (b) and (c) amended; (d) and authority citation added
(effective date pending) 41085
330.3 Removed (effective date pending) 41085
330.4 (a) and (b) designation and heading removed; section amended
(effective date pending) 41085
330.30 (Subpart C) Removed (effective date pending) 41085
330.50 (a) amended; (b) removed; (c) redesignated as (b) (effective
date pending) 41085
331 Authority citation revised 41085
331.1 Amended (effective date pending) 41085
331.3 Removed (effective date pending) 41085
331.4 (a) and (b) designation and heading removed; section amended
41085
331.30 (Subpart C) Removed 41085
331.50 Revised 41085
333 Revised (effective date pending) 6952
338.31 OMB number 49145
350.1 (b) introductory text revised; new (b)(10) added (effective
date pending) 23351
(b)(7) revised; (b) introductory text republished (effective date
pending) 24245
350.2 Introductory text revised (effective date pending) 23351
350.3 (c) revised (effective date pending) 23351
350.20 Revised 23352
350.30 Amended (effective date pending) 23352
Heading revised; text amended (effective date pending) 24245
350.33 Heading and (a) revised (effective date pending) 24245
350.34 Heading and (a)(1) revised; (a) introductory text republished
(effective date pending) 24245
350.40 (a) revised (effective date pending) 23352
357 Heading revised (effective date pending) 24245
357.1 Revised (effective date pending) 24245
357.10 Revised (effective date pending) 24245
357.32 Revised (effective date pending) 24246
357.33 (b) (1) and (2) revised; (b)(3) removed (effective date
pending) 24246
360 Added (effective date pending) 23352
361 Authority citation revised 16982
361.1 (b)(1) and (c)(2) introductory text revised; (c)(2) amended
(effective date pending) 16982
361.2 (b) (1), (2) (ii) through (v) revised; new (b)(2)(vi) added;
(d) amended (effective date pending) 16984
OMB number 49145
361.5 (b)(1) amended (effective date pending) 16982
361.6 (b)(1) amended (effective date pending) 16982
361.9 (a)(5) amended (effective date pending) 16982
361.11 (a) amended (effective date pending) 16982
361.12 (a) amended (effective date pending) 16982
361.13 (a)(3) amended (effective date pending) 16982
361.14 (a) amended (effective date pending) 16982
361.15 Heading and (b) amended (effective date pending) 16982
361.17 (a), (b) introductory text and (1) revised (effective date
pending) 16984
OMB number 49145
361.18 Revised (effective date pending) 16984
OMB number 49145
361.19 (a) and (d) amended (effective date pending) 16982
361.20 (a) revised (effective date pending) 16985
361.22 Amended (effective date pending) 16982
361.25 Added (effective date pending) 16985
361.30 Authority citation revised 16985
361.31 (a)(1) amended (effective date pending) 16982
361.32 (c) amended (effective date pending) 16985
361.33 (a) and (b) amended (effective date pending) 16985
361.34 (b) amended (effective date pending) 16982
(c)(1) and (e) (1) and (2) amended (effective date pending) 16985
361.35 (a) amended (effective date pending) 16982
(c)(2), (d) and (e) amended (effective date pending) 16985
361.36 (c) amended (effective date pending) 16982
(a) and (b) revised (effective date pending) 16985
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361.37 Amended (effective date pending) 16982
361.38 Revised (effective date pending) 16985
361.39 (f), (h), and (j) amended (effective date pending) 16982
(c) and (m) revised (effective date pending) 16985
OMB number 49145
361.40 (d) introductory text, (1), and (3) amended (effective date
pending) 16982
(a), (c) and authority citation revised (effective date pending)
16986
OMB number 49145
361.41 (a) and authority citation revised; (b) redesignated as (c);
new (b) added (effective date pending) 16986
OMB number 49145
361.42 (a) (6) and (7) amended (effective date pending) 16982
(a) (2) and (13) revised; (a) (5) and (14) amended; (a)(15)
redesignated as (a)(16) and revised; new (a)(15) added (effective date
pending) 16986
361.43 (b) revised (effective date pending) 16987
361.45 (b) revised (effective date pending) 16987
361.47 (a) (1) and (2) amended (effective date pending) 16982
Heading and (b) revised (effective date pending) 16987
361.48 Revised (effective date pending) 16987
OMB number 49145
361.49 (e)(4) amended; (f) removed; authority citation added
(effective date pending) 16988
361.50 Heading, (a) and (b)(5) amended (effective date pending) 16982
361.51 (c) and (e) amended (effective date pending) 16982
361.52 (c) and (g) amended (effective date pending) 16982
361.53 Heading and text amended (effective date pending) 16982
361.54 Amended (effective date pending) 16982
361.55 Amended (effective date pending) 16982
361.57 Amended (effective date pending) 16982
361.58 Amended (effective date pending) 16982
361.71 (a) and (c) amended (effective date pending) 16982
(b) amended (effective date pending) 16988
361.72 Heading and (a) amended (effective date pending) 16982
(b) amended (effective date pending) 16988
361.73 (c) amended (effective date pending) 16988
361.75 Heading and text amended (effective date pending) 16982
361.85 (d) removed; (b) and (c) redesignated as (c) and (d); new
(b) added; authority citation revised (effective date pending 16988
361.86 Revised (effective date pending) 16988
361.87 Redesignated as 361.88; new 361.87 added 16988
361.88 Redesignated as 361.89; new 361.88 redesignated from 361.87
16988
361.89 Redesignated as 361.90; new 361.89 redesignated from 361.88
16988
361.90 Redesignated as 361.91; new 361.90 redesignated from 361.89
16988
361.91 Redesignated as 361.92; new 361.91 redesignated from 361.90
16988
361.92 Redesignated from 361.91 16988
361.150 (b) amended (effective date pending) 16982
361.151 (c) and (h) amended (effective date pending) 16982
361.155 Amended (effective date pending) 16982
363.7 (a)(2)(iv) amended; (a)(2)(v) introductory text, (A), (B), and
(C) redesignated as (a)(3) introductory text, (i), (ii), and (iii)
(effective date pending) 17141
365 Authority citation revised 17141
365.1 (c)(3) amended (effective date pending) 17141
365.2 (a) amended (effective date pending) 17141
365.6 (a) and (b) amended (effective date pending) 17141
365.8 (a) and (b) amended (effective date pending) 17141
365.9 (a) and (b) amended (effective date pending) 17141
365.10 Authority citation revised 17141
365.11 Amended (effective date pending) 17141
365.12 (b), (c), and (e) amended; authority citation revised
(effective date pending) 17141
365.13 Amended (effective date pending) 17141
365.16 Added (effective date pending) 17141
365.30 Amended (effective date pending) 17141
365.32 (a) amended (effective date pending) 17141
365.33 (a) amended 17141
365.34 Amended (effective date pending) 17141
365.36 (a) and (c) amended; authority citation revised (effective
date pending) 17141
365.37 (a) introductory text, (2), (15), and (16) and (b) amended;
(a) (8), (9), and (10) revised (effective date pending) 17141
365.38 Amended (effective date pending) 17141
365.40 Amended (effective date pending) 17141
365.41 Amended (effective date pending) 17141
365.42 Amended (effective date pending) 17141
Heading revised (effective date pending) 17142
365.43 Amended (effective date pending) 17141
365.44 (b) amended (effective date pending) 17142
366 Authority citation revised 17142
366.2 (b) amended (effective date pending) 17142
366.4 (b) amended (effective date pending) 17142
366.20 (a) through (c) redesignated as (b) through (d); new (b),
(c), and (d)(7) amended; new (a) added; new (d) introductory text, (1)
and (6) revised (effective date pending) 17142
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366.31 (a)(2), (b)(2)(v)(C), (d)(2)(iv)(C), (e) introductory text,
(1) and (2) amended (effective date pending) 17142
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366.43 Added (effective date pending) 17142
367 Added (effective date pending) 26978
367.20 OMB numbers 35071, 49145
367.21 OMB numbers 35071, 49145
369 Authority citation revised 17142
369.1 (a) amended; (b) (1), (3), (4), (5) and (7) revised 17142,
17143
369.2 (a), (c) heading, (d) heading, (e), and (f) revised; (c) text,
(d) text, and (g) amended (effective date pending) 17142, 17143
369.4 (b) amended (effective date pending) 17143
369.31 (a)(2)(v)(A) and (b)(2)(iv)(A) amended (effective date
pending) 17143
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369.42 Heading revised 17144
369.43 Amended (effective date pending) 17142, 17144
369.44 (b) amended (effective date pending) 17142, 17144
369.46 Amended (effective date pending) 17144
369.48 Amended (effective date pending) 17142, 17144
370 Authority citation revised 17144
370.1 Revised (effective date pending) 17144
370.2 (d) amended; (e) redesignated as (f) and amended; new (e)
added (effective date pending) 17144
370.4 Note revised (effective date pending) 17144
370.10 (e) and (f) amended; (g) added (effective date pending) 17144
370.20 (b)(1) amended (effective date pending) 17144
370.30 (a), (b), and (c) revised; (d) removed; (e) redesignated as
(d) (effective date pending) 17144
370.41 (a) amended (effective date pending) 17144
370.44 OMB number 49145
370.46 Amended (effective date pending) 17144
372 Authority citation revised 17144
372.1 Amended (effective date pending) 17144
372.2 (b) amended 17144
372.4 (b) (1) and (2) amended (effective date pending) 17144
372.10 Amended (effective date pending) 17144
372.42 (b) and (d) amended (effective date pending) 17144
374 Heading and authority citation revised (effective date pending)
17144
374.1 Heading revised; section amended (effective date pending)
17144
374.10 (a) and (b) amended; (c) revised (effective date pending)
17145
374.30 (f) (1) and (2) and (g) (1), (2) (i), (ii), (iv) and (v)
amended (effective date pending) 17145
374.42 Revised (effective date pending) 17145
375 Heading and authority citation revised (effective date pending)
17145
375.1 Revised (effective date pending) 17145
375.4 (b)(1) amended (effective date pending) 17145
375.10 Amended (effective date pending) 17145
375.41 (a) and (b) amended (effective date pending) 17145
378 Heading and authority citation revised 17145
378.1 Revised (effective date pending) 17145
378.2 Revised (effective date pending) 17145
378.10 (a) and (b) introductory text revised; (b) (4) and (5)
amended; (b)(6) added (effective date pending) 17145
378.31 (f)(2)(i) and (g) (1), (2) (i), (ii) and (iv) amended
(effective date pending) 17145
378.42 Revised (effective date pending) 17145
379 Authority citation revised 17146
379.1 Revised (effective date pending) 17146
379.2 (g) amended 17146
379.10 Heading and (c)(4) revised; (a), (b), and (c) introductory
text, (1), (2) and (3) amended; (d) added (effective date pending)
17146
379.30 (f) introductory text and (2) (i), (ii) and (iii) and (h)(1)
amended (effective date pending) 17146
379.41 (f) and (g) amended (effective date pending) 17146
379.42 Introductory text and (a) amended (effective date pending)
17146
379.43 (f) through (l) and (m) (1), (5), and (7) amended; (h)
revised; (n) added (effective date pending) 17146
379.46 Added 17146
385 Authority citation revised 17146
385.1 (a)(1) amended 17146
385.4 (b) amended (effective date pending) 17146
385.32 (a)(2)(v)(A) and (b)(2)(iv)(A) amended 17147
OMB number 49145
385.40 Revised (effective date pending) 17147
385.41 Amended (effective date pending) 17147
385.44 Added (effective date pending) 17147
386.30 OMB number 49145
387 Authority citation revised 17147
387.1 (a) amended (effective date pending) 17147
387.30 (g)(2) and (h)(2)(iii) amended (effective date pending) 17147
OMB number 49146
388 Authority citation revised 17147
388.1 Amended (effective date pending) 17147
388.10 Amended (effective date pending) 17147
388.30 (g)(2) and (h)(2)(ii)(B) amended (effective date pending)
17147
OMB number 49146
389 Authority citation revised 17147
389.30 (g)(2) amended (effective date pending) 17147
OMB number 49146
389.41 (d) amended (effective date pending) 17148
390 Authority citation revised 17148
390.30 OMB number 49146
390.41 (a)(4) amended (effective date pending) 17148
396.20 OMB number 49146
396.30 OMB number 49146
34 CFR 396.32 1989
34 CFR
54 FR
Page
Chapter III
300 Effective date confirmed 46064
300.138 Amended (effective date pending) 18253
Corrected 27303
300.150 Added (effective date pending) 18253
Amendment correctly withdrawn 27161
300.152 Added (effective date pending) 18253
Amended (OMB numbers) 50476
300.153 Added (effective date pending) 18253
Amended (OMB numbers) 50476
300.260 Revised (effective date pending) 18254
Amended (OMB numbers) 50476
300.300 (b)(3) revised (effective date pending) 18254
300.370 Heading and (a) revised 18254
300.552 Amended (effective date pending) 18254
300.589 (a) revised (effective date pending) 18255
(a) corrected 27303
300.600 Undesignated center heading revised; (c) added (effective
date pending) 18255
300.601 Added (effective date pending) 18255
300.701 (a) revised; (b) removed (effective date pending) 18255
300.702 (a) (1), (3), and (b) revised; (a)(2) added (effective date
pending) 18255
(a)(3) corrected 27303
300.709 (b) revised 18255
300.750 Amended 18255
300.751 (a)(2) added; (a)(3) revised 18256
(d)(2) corrected 27303
300.753 (b)(4) amended 18256
(b)(4) corrected 27303
301 Revised; (effective date pending) 1646
303 Added (effective date pending) 26309
303 Effective date confirmed 46064
303 Table of contents corrected 30823
303.4 (a)(1), (ii), (v) and Note corrected 35156
303.12 (d)(7)(ii) corrected 35156
303.13 Note corrected 35156
303.15 Authority citation corrected 35156
303.19 (b)(2) corrected 35156
303.22 Section and authority citation corrected 35156
303.113 Amended (OMB numbers) 50478
303.121 (b) corrected 35156
303.122 (a) and (b) 35156
303.123 Corrected 35156
303.141 Amended (OMB numbers) 50478
303.142 Amended (OMB numbers) 50478
303.143 Amended (OMB numbers) 50478
303.144 Amended (OMB numbers) 50478
303.145 Amended (OMB numbers) 50478
303.146 Amended (OMB numbers) 50478
303.148 Amended (OMB numbers) 50478
303.149 Amended (OMB numbers) 50478
303.150 Amended (OMB numbers) 50478
303.151 Amended (OMB numbers) 50478
303.152 Amended (OMB numbers) 50478
303.160 Amended (OMB numbers) 50478
303.161 Amended (OMB numbers) 50478
303.162 Amended (OMB numbers) 50478
303.163 Amended (OMB numbers) 50478
303.164 Amended (OMB numbers) 50478
303.165 Amended (OMB numbers) 50478
303.166 Amended (OMB numbers) 50478
303.167 Amended (OMB numbers) 50478
303.168 Amended (OMB numbers) 50478
303.169 Amended (OMB numbers) 50478
303.170 Amended (OMB numbers) 50478
303.171 Amended (OMB numbers) 50478
303.172 Amended (OMB numbers) 50478
303.173 Amended (OMB numbers) 50478
303.174 Amended (OMB numbers) 50478
303.175 Amended (OMB numbers) 50478
303.200 Corrected 35156
303.202 Authority citation corrected 35156
303.203 Corrected 35156
303.300 Note corrected 35156
303.301 Amended (OMB numbers) 50478
303.321 (c)(1) corrected 35156
303.322 Correctly designated 35156
303.340 (c) correctly designated 35156
303.341 (a)(1) corrected 35156
Amended (OMB numbers) 50478
303.342 Note corrected 35156
303.344 Note 2 corrected 35156
Amended (OMB numbers) 50478
303.361 (b)(2) corrected 35156
(d)(1) amended 30823
303.402 Corrected 35156
303.403 Amended (OMB numbers) 50478
303.404 Note 1 corrected 35156
303.420 Amended (OMB numbers) 50478
303.423 Note corrected 35156
303.460 Note corrected 35156
303.510 Amended (OMB numbers) 50478
303.520 Amended (OMB numbers) 50478
303.527 Note corrected 35156
303.540 Amended (OMB numbers) 50478
303.600 Note corrected 35156
303.601 Correctly designated 35156
303.603 (b)(1) amended 30823
303.604 Authority citation corrected 35156
307 Authority citation revised 15310
307 Effective date confirmed 46064
307.4 Heading, introductory text, and authority citation revised;
text amended (effective date pending) 15310
307.10 (a) revised; (d) and (e) removed; (c) amended; new (d)
added (effective date pending) 15310
307.11 Heading, (a)(2) introductory text, (b)(1), (c)(2), and (d)
revised; (a)(1)(iv), (2)(vi), and (c)(3) added; (a)(2) (iv) and (v)
and (c)(1) amended (effective date pending) 15310
307.12 (a) and (b) introductory text revised; (c) added (effective
date pending) 15310
307.14 Removed (effective date pending) 15310
307.15 Removed (effective date pending) 15310
307.20 Removed (effective date pending) 15310
307.31 Revised (effective date pending) 15311
307.32 Added (effective date pending) 15311
307.33 Added (effective date pending) 15311
307.34 Added (effective date pending) 15312
307.35 Added (effective date pending) 15312
307.36 Added (effective date pending) 15312
307.40 Removed (effective date pending) 15313
307.42 Removed (effective date pending) 15313
345 Added (effective date pending) 32771
345 Effective date confirmed 46064
373 Authority citation revised 12400
Heading revised (effective date pending) 12400
373.1 Heading revised; text amended (effective date pending) 12400
373.10 (a) amended; (b) redesignated as (c) and amended; new (b)
added; authority citation revised (effective date pending) 12400
373.14 Removed (effective date pending) 12400
373.30 Introductory text, (f)(2)(i), (g)(2)(i), and (h)(2) amended
(effective date pending) 12400
373.31 Removed (effective date pending) 12400
373.42 (b) amended 12400
379 Effective date confirmed 46064
379.4 Revised (effective date pending) 36102
379.31 Redesignated as 379.32; new 379.31 added (effective date
pending) 36102
379.32 Redesignated from 379.31 (effective date pending) 36102
379.46 Revised (effective date pending) 36102
379.50 -- 379.53 (Subpart F) Added (effective date pending) 36102
379 Appendix added (effective date pending) 36103
380 Added 12400
34 CFR 396.32 1990
34 CFR
55 FR
Page
Chapter III
300.3 Amended (effective date pending) 46064
302 Revised; effective date pending 34845
303.653 Amended (OMB numbers) 25776
315.3 (b)(3) and (4) revised (effective date pending) 21714
319 Revised (effective date pending) 195
Effective date confirmed 26200
332 Authority citation revised 21714
332.3 Amended (effective date pending) 21714
333.21 Amended (OMB numbers) 24892
333.22 Amended (OMB numbers) 24892
346 Added (effective date pending) 33069
365.1 (b)(1) amended (effective date pending) 21714
366.3 (a) amended (effective date pending) 21714
367.4 (a) amended (effective date pending) 21714
369.3 (a) amended (effective date pending) 21714
380.8 (a) amended (effective date pending) 21714
385.3 (a) amended (effective date pending) 21714
396 Authority citation revised 21714
396.3 (a)(3) and (4) revised (effective date pending) 21714
34 CFR 396.32 1991
34 CFR
56 FR
Page
Chapter III
300.3 Regulation at 55 FR 21714 eff. 7-19-90 29436
301 Heading revised (effective date pending) 54688
301.1 Heading, introductory text, (a), (b) and (c) amended (effective
date pending) 54688
301.3 (a), (b) and (c) amended (effective date pending) 54688
301.4 (a) revised (effective date pending) 54688
301.5 (c) amended (effective date pending) 54688
301.10 (a)(2) and (b)(2) amended (effective date pending) 54688
301.12 Heading, (b) and (c) amended (effective date pending) 54688
301.20 Heading, (a) introductory text, (1), (2), (b) and (c) amended
(effective date pending) 54688
301.21 Heading and text amended (effective date pending) 54688
301.30 (a), (b)(1), (2) and (d) amended (effective date pending)
54688
301.31 (a) and (b) amended (effective date pending) 54688
301.32 Amended (effective date pending) 54688
302 Regulation at 55 FR 34845 eff. 10-8-90 29436
303 Heading revised (effective date pending) 54688
303.1 Heading, (a) and (c) amended (effective date pending) 54688
303.4 (a)(3) amended (effective date pending) 54688
303.5 Amended (effective date pending) 54688
303.7 Amended (effective date pending) 54688
303.12 (b) and Note 1 amended (effective date pending) 54688
303.16 Heading, (a) and Note 2 amended (effective date pending) 54688
303.151 Heading, (a) and (b)(4) amended (effective date pending)
54688
303.180 (a) amended (effective date pending) 54688
303.301 (d)(2) amended (effective date pending) 54688
303.302 Amended (effective date pending) 54688
303.320 Introductory text and Note 1 amended (effective date pending)
54688
303.321 (d)(2)(i) and (ii) amended; (d)(2)(iii) added (effective
date pending) 54688
303.322 (b)(1) amended (effective date pending) 54688
303.360 (b)(3)(i) and (ii) redesignated as (b)(3)(ii) and (iii); new
(b)(3)(i) added (effective date pending) 54688
303.404 Note 2 amended (effective date pending) 54688
303.460 (b)(2) amended (effective date pending) 54688
303.521 (c) amended (effective date pending) 54688
303.522 (b)(4) amended (effective date pending) 54689
303.527 Note amended (effective date pending) 54689
303.601 (a)(1) amended (effective date pending) 54688
304 Heading revised (effective date pending) 54689
304.1 Revised (effective date pending) 54689
304.2 Revised (effective date pending) 54689
304.3 Revised (effective date pending) 54689
304.4 (b) amended (effective date pending) 54689
304.20 (a)(2) introductory text, (ii) and (b)(1) revised (effective
date pending) 54689
304.41 (a) amended (effective date pending) 54689
304.51 (a), (b)(1), (2) and (3) revised (effective date pending)
54689
305.1 (a) revised (effective date pending) 54689
305.3 (a)(2)(i), (iv) and (v) revised; (a)(2)(vi), (vii), (viii) and
(ix) added (effective date pending) 54690
305.10 (a) through (e) amended (effective date pending) 54690
305.31 (c)(2)(v)(C) and (d)(2)(iv)(C) revised 54690
305.40 (a) and (b) amended; (c) revised; (d) added (effective date
pending) 54690
307 Heading revised 51584
307.1 Heading and text amended (effective date pending) 51585
307.2 Heading and text amended (effective date pending) 51585
307.3 Heading amended (effective date pending) 51585
307.4 Heading revised; (b) amended; (c) added (effective date
pending) 51585
307.10 Revised (effective date pending) 51585
307.11 Heading, (a) introductory text, (1)(i), (ii), and (iii)
revised; (a)(1) introductory text, (iv), (2) introductory text, (i)
through (vi), (3), (b)(2), (c)(1) through (3) amended (effective date
pending) 51585
307.12 (b) introductory text amended (effective date pending) 51585
(b) introductory text, (1), (2), (3) and (c) amended (effective date
pending) 51586
307.13 (a), (b)(1), (2), (3), (c)(1), (2), (3), (d) and (e) amended
(effective date pending) 51586
307.14 Added (effective date pending) 51586
307.15 Added (effective date pending) 51586
307.31 (b) and (c) amended (effective date pending) 51585
Introductory text and (a) amended (effective date pending) 51586
307.33 (a)(1) through (4), (b)(2), (3), (4), (8), (9), (c)
introductory text, (3), (f)(2), and (g) amended (effective date pending)
51585
Heading revised; (a)(1) and (2), (4), (b)(1), (4), (6), (7), (8),
(10), (c)(5), (f)(1), and (2) amended (effective date pending) 51586
307.35 Removed; new 307.35 redesignated from 307.36; heading and
introductory text revised; (a) introductory text, (2), (3), (b)(5), and
(c)(1)(iv) amended (effective date pending) 51587
307.36 Redesignated as new 307.35; new 307.36 added (effective date
pending) 51587
307.37 Added (effective date pending) 51589
307.41 Introductory text amended (effective date pending) 51585
Introductory text amended (effective date pending) 51589
307.42 Added (effective date pending) 51589
309 Heading revised (effective date pending) 54690
309.1 Heading, introductory text and (a) revised (effective date
pending) 54690
309.3 Introductory text, (a), (c) and (f) amended; (g) and (h) added
(effective date pending) 54690
309.4 (a)(1) revised; (a)(4) removed; (a)(5) redesignated as (a)(4)
and amended; new (a)(5) through (9) added (effective date pending)
54690
309.5 (b) amended; (c) revised (effective date pending) 54691
309.21 (b)(1), (c)(2)(ii) and (f)(2)(iv) amended (effective date
pending) 54691
309.30 -- 309.33 (Subpart D) Heading amended (effective date pending)
54691
309.30 (a)(1) through (5) revised; (a)(6) through (9) added
(effective date pending) 54691
309.32 Added (effective date pending) 54691
309.33 Added (effective date pending) 54691
315 Heading revised (effective date pending) 54691
315.1 Revised (effective date pending) 54692
315.3 Regulation at 55 FR 21714 eff. 7-19-90 29436
(b)(1) revised; (b)(4) amended; (b)(5) through (9) added (effective
date pending) 54692
315.4 (c), (d) introductory text, (1), (2) and (3) introductory text
revised (effective date pending) 54692
315.10 (b) and (d) amended (effective date pending) 54691
(a) and (c) revised; (e) and (f) added (effective date pending)
54692
315.11 (a)(2) and (b)(2) amended (effective date pending) 54691
315.11 (a)(1) amended (effective date pending) 54692
315.12 (a) introductory text, (2), (3), (4) and (b)(2) amended
(effective date pending) 54691
315.13 (d)(2) amended (effective date pending) 54691
(b) amended (effective date pending) 54692
315.14 Amended (effective date pending) 54692
315.32 (a) introductory text, (1), (d)(2)(i), (ii) and (iii) amended
(effective date pending) 54691
(c)(4), (d)(1)(iv) and (2)(ii) amended (effective date pending) 54692
315.33 (a) introductory text, (2) and (3) amended (effective date
pending) 54691
(b)(5) and (c)(1)(iv) amended (effective date pending) 54692
315.41 Added (effective date pending) 54692
316 Heading revised (effective date pending) 54693
316.1 (a) revised (effective date pending) 54693
316.3 (a), (b), (e) and (f) revised (effective date pending) 54693
316.4 (a) revised (effective date pending) 54693
316.5 (c) revised (effective date pending) 54693
316.21 (a)(2), (b)(1), (2), (5), (6) and (e)(4) revised (effective
date pending) 54693
316.22 (a) revised; (c) added (effective date pending) 54694
316.30 Revised (effective date pending) 54694
316.31 Revised (effective date pending) 54694
316.32 Added (effective date pending) 54694
318 Revised (effective date pending) 57199
319 Heading revised (effective date pending) 54694
319.1 Introductory text amended (effective date pending) 54694
319.2 (a) amended; (b) revised; (c) and (d) added (effective date
pending) 54694
319.3 (a) revised (effective date pending) 54694
319.10 Heading and (a) revised (effective date pending) 54695
319.11 Added (effective date pending) 54695
319.20 Heading revised; (a) introductory text and (1) amended
(effective date pending) 54695
319.21 (a) and (b) amended (effective date pending) 54695
319.22 (b)(1)(i), (iii), (2)(ii), (iv), (vii), (3)(v) and (5)(iv)
amended (effective date pending) 54695
319.30 (h) revised (effective date pending) 54695
319.33 Added (effective date pending) 54695
320 Heading revised (effective date pending) 54695
320.1 Revised (effective date pending) 54695
320.2 Amended (effective date pending) 54695
320.3 Redesignated as 320.4; new 320.3 added (effective date
pending) 54695
320.4 Redesignated as 320.5; new 320.4 redesignated from 320.3
(effective date pending) 54695
(b)(1), (4) and (5) revised; (b)(6) through (9) added (effective
date pending) 54696
320.5 Redesignated from 320.4 (effective date pending) 54695
320.10 Revised (effective date pending) 54696
320.30 (a)(2)(v)(C) and (b)(2)(iv)(C) amended (effective date
pending) 54696
320.32 Added (effective date pending) 54696
320.40 (a) amended (effective date pending) 54696
320.41 Added (effective date pending) 54696
324 Heading revised (effective date pending) 54697
324.1 Revised (effective date pending) 54697
324.2 (a) and (b) amended (effective date pending) 54697
324.3 (b)(1), (3) and (4) revised; (b)(5) through (8) added
(effective date pending) 54697
324.4 (b) and (c) amended (effective date pending) 54697
324.10 -- 324.11 (Subpart B) Heading revised (effective date pending)
54697
324.10 Revised (effective date pending) 54697
324.11 (a), (b) introductory text and (1) amended (effective date
pending) 54698
324.30 (b) revised (effective date pending) 54698
324.31 (a)(2)(v)(C) and (b)((2)(iv)(C) amended; (f) and (g) revised
(effective date pending) 54698
324.32 (a)(2)(v)(C) and (b)(2)(iv)(C) amended (effective date
pending) 54698
324.41 Added (effective date pending) 54698
325 Added (effective date pending) 66291
326 Heading revised (effective date pending) 54698
326.1 Heading, (a)(1), (2)(i), (iii) and (b) amended (effective date
pending) 54698
326.3 Introductory text, (b)(1), (4) and (5) revised; (b)(6) through
(9) added (effective date pending) 54698
326.4 (c)(2) amended (effective date pending) 54698
326.4 (b) and (c)(1) amended (effective date pending) 54699
326.10 (a)(1), (3), (4) and (b) amended (effective date pending)
54698
(a)(3) amended (effective date pending) 54699
326.20 (a), (b)(2) and (3) amended (effective date pending) 54698
(b)(3) amended (effective date pending) 54699
326.30 (b) through (h) amended (effective date pending) 54698
(b), (i) and (j) amended; (k) revised; (l) added (effective date
pending) 54699
326.32 (g) amended (effective date pending) 54698
(a)(2)(v)(C) and (b)(2)(iv)(C) amended (effective date pending) 54699
326.33 (g) amended (effective date pending) 54698
(a)(2)(v)(C) and (b)(2)(iv)(C) amended (effective date pending) 54699
326.40 Heading and text amended (effective date pending) 54698, 54699
326.42 Added (effective date pending) 54699
327 Heading revised (effective date pending) 54699
327.1 Heading and text amended (effective date pending) 54699
327.2 (a) amended; (c) and (d) added (effective date pending) 54699
327.3 (b)(1), (4) and (5) revised; (b)(6), (7) and (8) added
(effective date pending) 54699
327.4 (a) designation and (b) removed (effective date pending) 54700
327.10 Revised (effective date pending) 54700
327.30 Revised (effective date pending) 54701
327.31 (a)(2)(v)(C), (b)(2)(iv)(C), (g) introductory text, (2) and
(3) amended (effective date pending) 54701
327.40 (b) revised (effective date pending) 54701
327.41 Added (effective date pending) 54701
328 Added (effective date pending) 56457
330 Heading revised (effective date pending) 54701
330.1 Revised (effective date pending) 54701
330.2 Revised (effective date pending) 54701
330.4 (b) amended (effective date pending) 54701
330.50 (b) revised (effective date pending) 54701
331 Heading revised (effective date pending) 54701
331.1 Revised (effective date pending) 54702
331.2 Revised (effective date pending) 54702
331.4 Heading revised; (b) amended (effective date pending) 54702
332.1 Revised (effective date pending) 54702
332.2 Amended (effective date pending) 54702
332.3 Regulation at 55 FR 21714 eff. 7-19-90 29436
Revised (effective date pending) 54702
332.4 (b) amended (effective date pending) 54702
332.10 (a) introductory text, (1), (4), (b) and (e) amended; (f)
through (i) added (effective date pending) 54702
332.30 (b) amended (effective date pending) 54703
332.32 (a)(2)(v)(A), (b)(2)(iv)(A) and (f)(2)(i) amended (effective
date pending) 54703
332.41 Added (effective date pending) 54703
333 Heading revised (effective date pending) 54703
333.1 Revised (effective date pending) 54703
333.2 Existing text designated as (a); (b) added (effective date
pending) 54703
333.3 Heading revised; (a) through (f) amended; (g) and (h) added
(effective date pending) 54703
333.4 Heading revised (effective date pending) 54703
333.5 (a)(1) revised (effective date pending) 54703
333.6 (b) and (c) amended (effective date pending) 54703
333.21 (d)(2)(iv) and (f)(1) amended (effective date pending) 54704
333.22 (c)(2)(iii) and (e)(2)(iv) amended (effective date pending)
54704
333.31 Added (effective date pending) 54704
338 Heading revised (effective date pending)
54704
338.1 Revised (effective date pending) 54704
338.3 Introductory text amended; (b)(1), (4) and (5) revised;
(b)(6) through (9) added (effective date pending) 54704
338.4 (c) revised (effective date pending) 54704
338.10 (a)(2) introductory text, (i), (ii), (iv), (3), (4) and
(b)(11) amended; (a)(2)(iii) revised (effective date pending) 54704
338.20 (a) and (b) amended (effective date pending) 54704
338.30 (b) and (c) amended (effective date pending) 54704
338.31 (a)(2)(v)(C), (b)(2)(iv)(C) and (h) amended (effective date
pending) 54704
338.41 Added (effective date pending) 54704
346 Regulation at 55 FR 33069 eff. 9-27-90 29436
347 Added (effective date pending) 40195
350.3 (d) and authority citation revised (effective date pending)
28031
356.3 (c) and authority citation revised (effective date pending)
28031
361.86 Revised 33149
365.1 Regulation at 55 FR 21714 eff. 7-19-90 29436
366.3 Regulation at 55 FR 21714 eff. 7-19-90 29436
367.4 Regulation at 55 FR 21714 eff. 7-19-90 29436
369.3 Regulation at 55 FR 21714 eff. 7-19-90 29436
380.8 Regulation at 55 FR 21714 eff. 7-19-90 29436
385.3 Regulation at 55 FR 21714 eff. 7-19-90 29436
396.3 Regulation at 55 FR 21714 eff. 7-19-90 29436
34 CFR 396.32 1992
34 CFR
57 FR
Page
Chapter III
301 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.1 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.3 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.4 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.5 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.10 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.12 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.20 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.21 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.30 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.31 Regulation at 56 FR 54688 eff. 12-28-91 27704
301.32 Regulation at 56 FR 54688 eff. 12-28-91 27704
303 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.1 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.4 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.5 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.7 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.12 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.16 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.151 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.180 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.301 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.302 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.320 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.321 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.322 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.360 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.404 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.460 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.521 Regulation at 56 FR 54688 eff. 12-28-91 27704
303.522 Regulation at 56 FR 54689 eff. 12-28-91 27704
303.527 Regulation at 56 FR 54689 eff. 12-28-91 27704
303.601 Regulation at 56 FR 54688 eff. 12-28-91 27704
304 Regulation at 56 FR 54689 eff. 12-28-91 27704
304.1 Regulation at 56 FR 54689 eff. 12-28-91 27704
304.2 Regulation at 56 FR 54689 eff. 12-28-91 27704
304.3 Regulation at 56 FR 54689 eff. 12-28-91 27704
304.4 Regulation at 56 FR 54689 eff. 12-28-91 27704
304.20 Regulation at 56 FR 54689 eff. 12-28-91 27704
304.41 Regulation at 56 FR 54689 eff. 12-28-91 27704
304.51 Regulation at 56 FR 54689 eff. 12-28-91 27704
305.1 Regulation at 56 FR 54689 eff. 12-28-91 27704
305.3 Regulation at 56 FR 54690 eff. 12-28-91 27704
305.10 Regulation at 56 FR 54690 eff. 12-28-91 27704
305.31 Regulation at 56 FR 54690 eff. 12-28-91 27704
305.40 Regulation at 56 FR 54690 eff. 12-28-91 27704
307 Regulation at 56 FR 51584 eff. 11-25-91 27704
307.1 Regulation at 56 FR 51585 eff. 11-25-91 27704
307.2 Regulation at 56 FR 51585 eff. 11-25-91 27704
307.3 Regulation at 56 FR 51585 eff. 11-25-91 27704
307.4 Regulation at 56 FR 51585 eff. 11-25-91 27704
(c) amended (effective date pending) 28965
307.10 Regulation at 56 FR 51585 eff. 11-25-91 27704
307.11 Regulation at 56 FR 51585 eff. 11-25-91 27704
307.12 Regulations at 56 FR 51585 and 51586 eff. 11-25-91 27704
307.13 Regulation at 56 FR 51586 eff. 11-25-91 27704
307.14 Regulation at 56 FR 51586 eff. 11-25-91 27704
307.15 Regulation at 56 FR 51586 eff. 11-25-91 27704
307.31 Regulations at 56 FR 51585 and 51586 eff. 11-25-91 27704
307.33 Regulations at 56 FR 51585 and 51587 eff. 11-25-91 27704
307.35 Regulation at 56 FR 51587 eff. 11-21-91 27704
307.36 Regulation at 56 FR 51587 eff. 11-21-91 27704
307.37 Regulation at 56 FR 51589 eff. 11-21-91 27704
307.41 Regulations at 56 FR 51585 and 51589 eff. 11-21-91 27704
307.42 Regulation at 56 FR 51589 eff. 11-21-91 27704
309 Regulation at 56 FR 54690 eff. 12-28-91 27704
309.1 Regulation at 56 FR 54690 eff. 12-28-91 27704
309.2 Revised (effective date pending) 28965
309.3 Regulation at 56 FR 54690 eff. 12-28-91 27704
(i) added (effective date pending) 28965
309.4 Regulation at 56 FR 54690 eff. 12-28-91 27704
309.5 Regulation at 56 FR 54691 eff. 12-28-91 27704
(c) amended (effective date pending) 28965
309.21 Regulation at 56 FR 54691 eff. 12-28-91 27704
309.22 Revised (effective date pending) 28965
309.30 -- 309.33 (Subpart D) Regulation at 56 FR 54691 eff. 12-28-91
27704
Heading amended (effective date pending) 28966
309.30 Regulation at 56 FR 54691 eff. 12-28-91 27704
(a)(8) and (9) amended; (a)(10) and (11) added (effective date
pending) 28966
309.32 Regulation at 56 FR 54691 eff. 12-28-91 27704
309.33 OMB number 14314
Regulation at 56 FR 54691 eff. 12-28-91 27704
Redesignated as 309.34; new 309.33 added (effective date pending)
28966
309.34 Redesignated from 309.33 (effective date pending) 28966
315 Regulation at 56 FR 54691 eff. 12-28-91 27704
315.1 Regulation at 56 FR 54692 eff. 12-28-91 27704
315.3 Regulation at 56 FR 54692 eff. 12-28-91 27704
315.4 Regulation at 56 FR 54692 eff. 12-28-91 27704
(c) revised (efffective date pending) 28966
315.10 Regulations at 56 FR 54691 and 54692 eff. 12-28-91 27704
315.11 Regulations at 56 FR 54691 and 45692 eff. 12-28-91 27704
315.12 Regulation at 56 FR 54691 eff. 12-28-91 27704
315.13 Regulations at 56 FR 54691 and 54692 eff. 12-28-91 27704
315.14 Regulation at 56 FR 54692 eff. 12-28-91 27704
315.32 Regulations at 56 FR 54691 and 54692 eff. 12-28-91 27704
315.33 Regulations at 56 FR 54691 and 54692 eff. 12-28-91 27704
315.41 OMB number 14314
Regulation at 56 FR 54692 eff. 12-28-91 27704
316 Regulation at 56 FR 54693 eff. 12-28-91 27704
316.1 Regulation at 56 FR 54693 eff. 12-28-91 27704
316.3 Regulation at 56 FR 54693 eff. 12-28-91 27704
316.4 Regulation at 56 FR 54693 eff. 12-28-91 27704
316.5 Regulation at 56 FR 54693 eff. 12-28-91 27704
316.21 Regulation at 56 FR 54693 eff. 12-28-91 27704
316.22 Regulation at 56 FR 54694 eff. 12-28-91 27704
316.30 Regulation at 56 FR 54694 eff. 12-28-91 27704
316.31 Regulation at 56 FR 54694 eff. 12-28-91 27704
316.32 Regulation at 56 FR 54694 eff. 12-28-91 27704
318 Regulation at 56 FR 57199 eff. 12-28-91 27704
319 Regulation at 56 FR 54694 eff. 12-28-91 27704
319.1 Regulation at 56 FR 54694 eff. 12-28-91 27704
319.2 Regulation at 56 FR 54694 eff. 12-28-91 27704
319.3 Regulation at 56 FR 54694 eff. 12-28-91 27704
319.10 Regulation at 56 FR 54695 eff. 12-28-91 27704
319.11 Regulation at 56 FR 54695 eff. 12-28-91 27704
319.20 Regulation at 56 FR 54695 eff. 12-28-91 27704
319.21 Regulation at 56 FR 54695 eff. 12-28-91 27704
319.22 Regulation at 56 FR 54695 eff. 12-28-91 27704
319.30 Regulation at 56 FR 54695 eff. 12-28-91 27704
319.33 Regulation at 56 FR 54695 eff. 12-28-91 27704
320 Regulation at 56 FR 54695 eff. 12-28-91 27704
320.1 Regulation at 56 FR 54695 eff. 12-28-91 27704
320.2 Regulation at 56 FR 54695 eff. 12-28-91 27704
320.3 Regulation at 56 FR 54695 eff. 12-28-91 27704
320.4 Regulations at 56 FR 54695 and 54696 eff. 12-28-91 27704
320.5 Regulation at 56 FR 54695 eff. 12-28-91 27704
320.10 Regulation at 56 FR 54696 eff. 12-28-91 27704
320.30 Regulation at 56 FR 54696 eff. 12-28-91 27704
320.32 OMB number 14314
Regulation at 56 FR 54696 eff. 12-28-91 27704
320.40 Regulation at 56 FR 54696 eff. 12-28-91 27704
320.41 OMB number 14314
Regulation at 56 FR 54696 eff. 12-28-91 27704
324 Authority citation revised 28966
Regulation at 56 FR 54697 eff. 12-28-91 27704
324.1 Regulation at 56 FR 54697 eff. 12-28-91 27704
324.2 Regulation at 56 FR 54697 eff. 12-28-91 27704
324.3 Regulation at 56 FR 54697 eff. 12-28-91 27704
324.4 Regulation at 56 FR 54697 eff. 12-28-91 27704
324.10 -- 324.11 (Subpart B) Regulation at 56 FR 54697 eff. 12-28-91
27704
324.10 Regulation at 56 FR 54697 eff. 12-28-91 27704
(c) added (effective date pending) 28966
324.11 Regulation at 56 FR 54698 eff. 12-28-91 27704
324.30 Regulation at 56 FR 54698 eff. 12-28-91 27704
324.31 Regulation at 56 FR 54698 eff. 12-28-91 27704
324.32 Regulation at 56 FR 54698 eff. 12-28-91 27704
324.41 OMB number 14315
Regulation at 56 FR 54698 eff. 12-28-91 27704
325 Regulation at 56 FR 66291 eff. 2-3-92 27704
326 Regulation at 56 FR 54698 eff. 12-28-91 27704
326.1 Regulation at 56 FR 54698 eff. 12-28-91 27704
326.3 Regulation at 56 FR 54698 eff. 12-28-91 27704
326.4 Regulations at 56 FR 54698 and 54699 eff. 12-28-91 27704
326.10 Regulations at 56 FR 54698 and 54699 eff. 12-28-91 27704
326.20 Regulations at 56 FR 54698 and 54699 eff. 12-28-91 27704
326.30 Regulations at 56 FR 54698 and 54699 eff. 12-28-91 27704
326.32 Regulations at 56 FR 54698 and 54699 eff. 12-28-91 27704
326.33 Regulations at 56 FR 54698 and 54699 eff. 12-28-91 27704
326.40 Regulations at 56 FR 54698 and 54699 eff. 12-28-91 27704
326.42 OMB number 14315
Regulation at 56 FR 54699 eff. 12-28-91 27704
327 Regulation at 56 FR 54699 eff. 12-28-91 27704
327.1 Regulation at 56 FR 54699 eff. 12-28-91 27704
327.2 Regulation at 56 FR 54699 eff. 12-28-91 27704
327.3 Regulation at 56 FR 54699 eff. 12-28-91 27704
327.4 Regulation at 56 FR 54700 eff. 12-28-91 27704
327.10 Regulation at 56 FR 54700 eff. 12-28-91 27704
327.30 Regulation at 56 FR 54701 eff. 12-28-91 27704
Amended (effective date pending) 28966
327.31 Regulation at 56 FR 54701 eff. 12-28-91 27704
327.40 Regulation at 56 FR 54701 eff. 12-28-91 27704
327.41 OMB number 14315
Regulation at 56 FR 54701 eff. 12-28-91 27704
328 Regulation at 56 FR 56457 eff. 12-28-91 27704
330 Regulation at 56 FR 54701 eff. 12-28-91 27704
330.1 Regulation at 56 FR 54701 eff. 12-28-91 27704
330.2 Regulation at 56 FR 54701 eff. 12-28-91 27704
330.4 Regulation at 56 FR 54701 eff. 12-28-91 27704
330.50 Regulation at 56 FR 54701 eff. 12-28-91 27704
331 Regulation at 56 FR 54701 eff. 12-28-91 27704
331.1 Regulation at 56 FR 54702 eff. 12-28-91 27704
331.2 Regulation at 56 FR 54702 eff. 12-28-91 27704
331.4 Regulation at 56 FR 54702 eff. 12-28-91 27704
332.1 Regulation at 56 FR 54702 eff. 12-28-91 27704
332.2 Regulation at 56 FR 54702 eff. 12-28-91 27704
332.3 Regulation at 56 FR 54702 eff. 12-28-91 27704
332.4 Regulation at 56 FR 54702 eff. 12-28-91 27704
332.10 Regulation at 56 FR 54702 eff. 12-28-91 27704
332.30 Regulation at 56 FR 54703 eff. 12-28-91 27704
332.32 OMB number 14315
Regulation at 56 FR 54703 eff. 12-28-91 27704
332.41 OMB number 14315
Regulation at 56 FR 54703 eff. 12-28-91 27704
333 Regulation at 56 FR 54703 eff. 12-28-91 27704
333.1 Regulation at 56 FR 54703 eff. 12-28-91 27704
333.2 Regulation at 56 FR 54703 eff. 12-28-91 27704
333.3 Regulation at 56 FR 54703 eff. 12-28-91 27704
333.4 Regulation at 56 FR 54703 eff. 12-28-91 27704
333.5 Regulation at 56 FR 54703 eff. 12-28-91 27704
333.6 Regulation at 56 FR 54703 eff. 12-28-91 27704
333.21 Regulation at 56 FR 54704 eff. 12-28-91 27704
333.22 Regulation at 56 FR 54704 eff. 12-28-91 27704
333.31 OMB number 14315
Regulation at 56 FR 54704 eff. 12-28-91 27704
338.1 Regulation at 56 FR 54704 eff. 12-28-91 27704
338.3 Regulation at 56 FR 54704 eff. 12-28-91 27704
338.4 Regulation at 56 FR 54704 eff. 12-28-91 27704
338.10 Regulation at 56 FR 54704 eff. 12-28-91 27704
338.20 Regulation at 56 FR 54704 eff. 12-28-91 27704
338.30 Regulation at 56 FR 54704 eff. 12-28-91 27704
338.31 Regulation at 56 FR 54704 eff. 12-28-91 27704
338.41 OMB number 14315
Regulation at 56 FR 54704 eff. 12-28-91 27704
345.20 OMB number 14315
345.21 OMB number 14315
345.31 OMB number 14315
345.40 OMB number 14315
345.41 OMB number 14315
345.43 OMB number 14315
345.46 OMB number 14315
347 Regulation at 56 FR 40195 eff. 9-27-91 27703
350.3 Regulation at 56 FR 28031 eff. 8-19-91 27703
356.3 Regulation at 56 FR 28031 eff. 8-19-91 27703
361.1 (b)(3) added; (c)(2) amended; (effective date pending) 28440
361.41 (b)(1) and (2) revised; (b)(3) added (effective date pending)
28440
361.43 (a)(4) revised (effective date pending) 28441
361.86 Regulation at 56 FR 33149 eff. 9- 2-91 27703
363 Revised (effective date pending) 28437
376 Authority citation revised 28441
376.1 Amended (effective date pending) 28441
376.3 (c) added (effective date pending) 28441
376.4 Revised (effective date pending) 28441
380.5 (a)(6) revised (effective date pending) 28441
380.9 (c) revised (effective date pending) 28441
380.11 OMB number 14315
380.12 OMB number 14315
380.13 OMB number 14315
380.20 (Subpart C) Added (effective) 28442
34
Education
PARTS 300 to 399
Revised as of July 1, 1992
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1992
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
Washington, DC 20402-9328
34 CFR 396.32 Table of Contents
Page
Explanation v
Title 34:
Subtitle B -- Regulations of the Offices of the Department of
Education: (Continued)
Chapter III -- Office of Special Education and Rehabilitative
Services, Department of Education (Parts 300-399)
Findings Aids:
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
34 CFR 396.32 Explanation
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16 as of January 1
Title 17 through Title 27 as of April 1
Title 28 through Title 41 as of July 1
Title 42 through Title 50 as of October 1
The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, July 1, 1992), consult the ''List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ''Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal
agencies to display an OMB control number with their information
collection request. Many agencies have begun publishing numerous OMB
control numbers as amendments to existing regulations in the CFR. These
OMB numbers are placed as close as possible to the applicable
recordkeeping or reporting requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected,
1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes.
For the period beginning January 1, 1986, a ''List of CFR Sections
Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ''Title 3 -- The President'' is carried
within that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ''Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES AND SALES
For a summary, legal interpretation, or other explanation of any
regulation in this volume, contact the issuing agency. Inquiries
concerning editing procedures and reference assistance with respect to
the Code of Federal Regulations may be addressed to the Director, Office
of the Federal Register, National Archives and Records Administration,
Washington, DC 20408 (telephone 202-512-1557). All mail order sales are
handled exclusively by the Superintendent of Documents, Attn: New
Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. Charge orders may
be telephoned to the Government Printing Office order desk at
202-783-3238.
Martha L. Girard,
Director,
Office of the Federal Register.
July 1, 1992.
34 CFR 396.32 THIS TITLE
Title 34 -- Education is presently composed of three volumes (parts 1
to 299, parts 300 to 399, and part 400 to End). The contents of these
volumes represent all regulations codified under this title of the CFR
as of July 1, 1992.
For this volume, Ina C. Masters was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Richard L. Claypoole, assisted by Alomha S. Morris.
34 CFR 0.0 34 CFR Ch. IV (7-1-92 Edition)
34 CFR 0.0 Off. of Voc. and Adult Education, Education
34 CFR 0.0 Title 34 -- Education
34 CFR 0.0 (This book contains part 400 to End)
Part
Chapter IV -- Office of Vocational and Adult Education, Department of
Education 400
Chapter V -- Office of Bilingual Education and Minority Languages
Affairs, Department of Education 500
Chapter VI -- Office of Postsecondary Education, Department of
Education 600
Chapter VII -- Office of Educational Research and Improvement,
Department of Education 700
34 CFR 0.0 34 CFR Ch. IV (7-1-92 Edition)
34 CFR 0.0 Off. of Voc. and Adult Education, Education
34 CFR 0.0 CHAPTER IV -- OFFICE OF VOCATIONAL AND ADULT EDUCATION,
DEPARTMENT OF EDUCATION
Part
Page
400 Vocational education programs -- general provisions
401 State vocational education program
407 Bilingual vocational training program
408 Bilingual vocational instructor training program
409 Bilingual vocational materials, methods, and techniques program
410 Indian and Hawaiian natives program
411 Demonstration centers for the retraining of dislocated workers
412 Cooperative demonstation program
414 State equipment pools
415 Model centers for vocational education for older individuals
416 National vocational education research program
417 National center for research in vocational education
445 Technology education demonstration program
460 Adult education -- general provisions
461 Adult education State-administered basic grant program
462 State-administered workplace literacy program
463 State-administered English literacy program
464 State literacy resource centers program
471 National adult education discretionary program
472 National workplace literacy program
473 National workforce literacy strategies program
474 National English literacy demonstration program for individuals
of limited English proficiency
475 Adult migrant farmworker and immigrant education program
476 National adult literacy volunteer training program
477 State program analysis assistance and policy studies program
489 Functional literacy for state and local prisoners program
490 Life skills for state and local prisoners program
491 Adult education for the homeless program
34 CFR 0.0 34 CFR Ch. IV (7-1-92 Edition)
34 CFR 0.0 Off. of Voc. and Adult Education, Education
34 CFR 0.0 PART 400 -- VOCATIONAL EDUCATION PROGRAMS -- GENERAL PROVISIONS
34 CFR 0.0 Subpart A -- General
Sec.
400.1 What are the purposes of the Carl D. Perkins Vocational
Education Act?
400.2 What programs are authorized by the Carl D. Perkins Vocational
Education Act?
400.3 What regulations apply to the Vocational Education Programs?
400.4 What definitions apply to the Vocational Education Programs?
Authority: 20 U.S.C. 2301 et seq., unless otherwise noted.
34 CFR 0.0 Subpart A -- General
34 CFR 400.1 What are the purposes of the Carl D. Perkins Vocational
Education Act?
The purposes of the Carl D. Perkins Vocational Education Act are to
--
(a) Assist the States to expand, improve, modernize, and develop
quality vocational education programs in order to meet the needs of the
Nation's existing and future work force for marketable skills and to
improve productivity and promote economic growth;
(b) Assure that individuals who are inadequately served under
vocational education programs are assured access to quality vocational
education programs, especially --
(1) Individuals who are disadvantaged;
(2) Individuals who are handicapped;
(3) Men and women who are entering nontraditional occupations;
(4) Adults who are in need of training and retraining;
(5) Individuals who are single parents, homemakers, or single
pregnant women;
(6) Individuals with limited English proficiency; and
(7) Individuals who are incarcerated in correctional institutions;
(c) Promote greater cooperation between public agencies and the
private sector in preparing individuals for employment, in promoting the
quality of vocational education in the States, and in making the
vocational system more responsive to the labor market in the States;
(d) Improve the academic foundations of vocational students and to
aid in the application of newer technologies (including the use of
computers) in terms of employment or occupational goals;
(e) Provide vocational education services to train, retrain, and
upgrade employed and unemployed workers in new skills for which there is
a demand in that State or employment market;
(f) Assist the most economically depressed areas of a State to raise
employment and occupational competencies of its citizens;
(g) Assist the States to utilize a full range of supportive services,
special programs, and guidance counseling and placement to achieve the
basic purposes of the Act;
(h) Improve the effectiveness of consumer and homemaking education
and to reduce the limiting effects of sex-role stereotyping on
occupations, job skills, levels of competency, and careers; and
(i) Authorize national programs designed to --
(1) Meet designated vocational education needs; and
(2) Strengthen the vocational education research process.
(Authority: 20 U.S.C. 2301, 2331)
(50 FR 33231, Aug. 16, 1985, as amended at 53 FR 35258, Sept. 12,
1988)
34 CFR 400.2 What programs are authorized by the Carl D. Perkins
Vocational Education Act?
The Carl D. Perkins Vocational Education Act authorizes --
(a) The State vocational education program which includes --
(1) The Vocational Education Opportunities Program under the basic
State grant, as described in 34 CFR 401.51 through 34 CFR 401.58;
(2) The Vocational Education Improvement, Innovation, and Expansion
Program under the basic State grant, as described in 34 CFR 401.59
through 34 CFR 401.61; and
(3) Special Programs which include the --
(i) State Assistance for Vocational Education Support Programs by
Community-Based Organizations as described in 34 CFR 401.71 and 34 CFR
401.72;
(ii) Consumer and Homemaking Education Program as described in 34 CFR
401.73;
(iii) Adult Training, Retraining, and Employment Development Program
as described in 34 CFR 401.75;
(iv) Comprehensive Career Guidance and Counseling Program as
described in 34 CFR 401.76; and
(v) Industry-Education Partnership for Training in High-Technology
Occupations Program as described in 34 CFR 401.78; and
(b) National Programs which include --
(1) The Bilingual Vocational Training Program as described in 34 CFR
Part 407;
(2) The Bilingual Vocational Instructor Training Program as described
in 34 CFR 408;
(3) The Bilingual Vocational Materials, Methods, and Techniques
Program as described in 34 CFR Part 409;
(4) The Indian and Hawaiian Natives Program as described in 34 CFR
410;
(5) Demonstration Centers for the Retraining of Dislocated Workers as
described in 34 CFR Part 411;
(6) The Cooperative Demonstration Program as described in 34 CFR Part
412;
(7) The State Equipment Pools Programs as described in 34 CFR Part
414;
(8) Model Centers for Vocational Education for Older Individuals as
described in 34 CFR Part 415;
(9) The National Vocational Education Research Program as described
in 34 CFR Part 416; and
(10) The National Center for Research in Vocational Education as
described in 34 CFR Part 417.
(Authority: 20 U.S.C. 2301 et seq.)
(50 FR 33231, Aug. 16, 1985)
34 CFR 400.3 What regulations apply to the Vocational Education
Programs?
In addition to the regulations contained in this part and the
applicable program regulations, the programs under 34 CFR Parts 401, 407
through 412, and 414 through 417 are subject to the following Education
Department General Administrative Regulations (EDGAR) in 34 CFR --
(a) Part 74 (Administration of Grants);
(b) Part 75 (Direct Grant Programs), which applies only to Parts 407
through 412 and Parts 414 through 417;
(c) Part 76 (State-Administered Programs), which applies only to Part
401;
(d) Part 77 (Definitions that apply to Department of Regulations);
(e) Part 78 (Education Appeal Board); and
(f) Part 79 (Intergovernmental Review of Department of Education
Programs and Activities) except that part 79 does not apply to any
applications submitted by an Indian tribal organization that is eligible
under 34 CFR 410.2(a)(1) of the Indian and Hawaiian Natives Program (34
CFR Part 410).
(Authority: 20 U.S.C. 2301 et seq.)
(50 FR 33231, Aug. 16, 1985, as amended at 55 FR 21715, May 25, 1990)
34 CFR 400.4 What definitions apply to the Vocational Education
Programs?
(a) Definitions in EDGAR. Unless otherwise provided, the following
terms used in this part and 34 CFR Parts 401, 407 through 412, and 414
through 417 are defined in 34 CFR 77.1:
Acquisition
Applicant
Application
Award
Budget
Contract
Department
ED
EDGAR
Facilities
Federally recognized Indian tribal government
Fiscal year
GEPA
Grant
Nonprofit
Nonpublic
Private
Project
Secondary school
Secretary
State
State educational agency
Supplies
(b) Other definitions. The following definitions also apply to this
part and 34 CFR Parts 401, 407 through 412, and 414 through 417:
Act means the Carl D. Perkins Vocational Education Act.
Administration means activities of a State necessary for the proper
and efficient performance of its duties under the Act, including
supervision, but not including curriculum development activities,
personnel development, technical assistance, or research activities.
Apprenticeship training program means a program registered with the
Department of Labor or the State apprenticeship agency in accordance
with the Act of August 16, 1937, known as the National Apprenticeship
Act, which is conducted or sponsored by an employer, a group of
employers, or a joint apprencticeship committee representing both
employers and a union, and which contains all terms and conditions for
the qualification, recruitment, selection, employment, and training of
apprentices.
Area vocational education school means --
(1) A specialized high school used exclusively or principally for the
provision of vocational education to individuals who are available for
study in preparation for entering the labor market;
(2) The department of a high school exclusively or principally used
for providing vocational education in no less than five different
occupational fields to individuals who are available for study in
preparation for entering the labor market;
(3) A technical institute or vocational school used exclusively or
principally for the provision of vocational education to individuals who
have completed or left high school and who are available for study in
preparation for entering the labor market; or
(4) The department or division of a junior college or community
college or university operating under the policies of the State board
and which provides vocational education in no less than five different
occupational fields leading to immediate employment but not necessarily
leading to a baccalaureate degree, if, in the case of a school,
department, or division described in paragraphs (3) and (4) of this
definition, it admits as regular students both indivduals who have
completed high school and individuals who have left high school.
Career guidance and counseling means those programs --
(1) Which pertain to the body of subject matter and related
techniques and methods organized for the development in individuals of
career awareness, career planning, career decisionmaking, placement
skills, and knowledge and understanding of local, State, and national
occupational, educational, and labor market needs, trends, and
opportunities; and
(2) Which assist individuals in making and implementing informed
educational and occupational choices.
Community-based organization means a private nonprofit organization
of demonstrated effectiveness which is representative of communities or
siginficant segments of communities and which provides job training
services (for example, Opportunities Industrialization Centers, the
National Urban League, SER-jobs for Progress, United Way of America,
Mainstream, the National Puerto Rican Forum, National Council of La
Raza, 70,001, Jobs for Youth, organizations operating career intern
programs, neighborhood groups and organizations, community action
agencies, community development corporations, vocational rehabilitation
organizations, rehabilitation facilities (as defined in section 7(10) of
the Rehabilitation Act of 1973), agencies serving youth, agencies
serving the handicapped, agencies serving displaced homemakers,
union-related organizations, and employer-related nonprofit
organizations), or an organization of demostrated effectiveness serving
nonreservation Indians (including the National Urban Indian Council), as
well as tribal governments and Native Alaskan groups.
(Authority: Sec. 4(5) of the Job Training Partnership Act)
Construction includes construction of new buildings and acquisition,
and expansion, remodeling, and alteration of existing buildings, and
includes site grading and improvement and architect fees.
Cooperative education means a method of instruction of vocational
education for individuals who, through written cooperative arrangements
between the school and employers, receive instruction, including
required academic course and related vocational instruction by
alternation of study in school with a job in any occupational field, but
the two experiences must be planned and supervised by the school and
employers so that each contributes to the student's education and
employability. Work periods and school attendance may be on alternate
half days, full days, weeks, or other periods of time in fulfilling the
cooperative program.
Criminal offender means any individual who is charged with or
convicted of any criminal offense, including a youth offender or a
juvenile offender.
Correctional institution means any --
(1) Prison;
(2) Jail;
(3) Reformatory;
(4) Work farm;
(5) Detention center; or
(6) Halfway house, community-based rehabilitation center, or any
other similar institution designed for the confinement or rehabilitation
of criminal offenders.
Curriculum materials means instructional and related or supportive
material, including materials using advanced learning technology, in any
occupational field which is designed to strengthen the academic
foundation and prepare individuals for employment at the entry level or
to upgrade occupational competencies of those previously or presently
employed in any occupational field, and appropriate counseling and
guidance material.
Disadvantaged means individuals (other than handicapped individuals)
who have economic or academic disadvantages and who require special
services and assistance in order to enable them to succeed in vocational
educational programs. The term includes individuals who are members of
economically disadvantaged families, migrants, individuals who have
limited English proficiency and individuals who are dropouts from, or
who are identified as potential dropouts from, secondary school. For
the purpose of this definition, an individual who scores at or below the
25th percentile on a standardized achievement or aptitude test, whose
secondary school grades are below 2.0 on a 4.0 scale (where the grade
''A'' equals 4.0), or fails to attain minimal academic competencies may
be considered ''academically disadvantaged.'' The definition does not
include individuals with learning disabilities.
(House Report No. 98-1129, 98th Cong., 2d Sess. p. 100 (1984))
Economically depressed area means an economically integrated area
within any State in which a chronically low level of economic activity
or a deteriorating economic base has caused such adverse effects as --
(1) A rate of unemployment which has exceeded by 50 per centum or
more the average rate of unemployment in the State, or in the Nation,
for each of the three years preceding the year for which the designation
is made; or
(2) A large concentration of low-income families, the designation of
which is approved by the Secretary as consistent with the purposes of
the Act, with these criteria, and with such other criteria as the
Secretary may prescribe.
Economically disadvantaged family or individual means a family or
individual which the State board identifies as low income on the basis
of uniform methods that are described in the State plan. A State must
use one or more of the following standards as an indicator of low
income:
(1) Annual income at or below the official poverty line established
by the Director of the Office of Management and Budget.
(2) Eligibility for free or reduced-priced school lunch.
(3) Eligibility for Aid to Families with Dependent Children or other
public assistance programs.
(4) Receipt of a Pell Grant or comparable State program of need-based
financial assistance.
(5) Eligibility for participation in programs assisted under Title II
of the JTPA.
Eligible recipient means a local educational agency or a
postsecondary educational institution.
Handicapped, when applied to individuals, means individuals who are
mentally retarded, hard of hearing, deaf, speech or language impaired,
visually handicapped, seriously emotionally disturbed, orthopedically
impaired, other health impaired, deaf-blind, multi-handicapped, or
persons with specific learning disabilities, who by reason thereof
require special education and related services, and who, because of
their handicapping condition, cannot succeed in the regular vocational
education program without special education assistance.
High technology means state-of-the-art computer, microelectronic,
hydraulic, pneumatic, laser, nuclear, chemical, telecommunication, and
other technologies being used to enhance productivity in manufacturing,
communication, transportation, agriculture, mining, energy, commercial,
and similar economic activity, and to improve the provision of health
care.
Homemaker means an individual who --
(1) Is an adult; and
(2) Has worked as an adult primarily without remuneration to care for
the home and family, and for that reason has diminished marketable
skills.
Institution of higher education means an institution of higher
education as defined in section 1201 of the Higher Education Act of
1965.
JTPA means the Job Training Partnership Act (Pub.L. 97-300).
Limited English proficiency, when used with reference to individuals,
means individuals --
(1)(i) Who were not born in the United States or whose native
language is a language other than English;
(ii) Who came from environments where a language other than English
is dominant; or
(iii) Who are American Indian and Alaskan Native students and who
come from environments where a language other than English has had a
significant impact on their level of English language proficiency; and
(2) Who by reason thereof, have sufficient difficulty speaking,
reading, writing, or understanding the English language to deny those
individuals the opportunity to learn successfully in classrooms where
the language of instruction is English or to participate fully in our
society.
(Authority: 20 U.S.C. 3223)
Local educational agency means a board of education or other legally
constituted local school authority having administrative control and
direction of public elementary or secondary schools in a city, county,
township, school district, or political subdivision in a State, or any
other public educational institution or agency having administrative
control and direction of a vocational education program.
Postsecondary educational institution means an institution legally
authorized to provide postsecondary education within a State, or any
postsecondary educational institution operated by or on behalf of any
Indian tribe which is eligible to contract with the Secretary of the
Interior for the administration of programs under the Indian
Self-Determination and Education Assistance Act or under the Act of
April 16, 1934.
Private vocational training institution means a business or trade
school, or technical institution or other technical or vocational
school, in any State, which --
(1) Admits as regular students only persons who have completed or
left elementary or secondary school and who have the ability to benefit
from the training offered by the institution;
(2) Is legally authorized to provide, and provides within that State,
a program of postsecondary vocational or technical education designed to
fit individuals for useful employment in recognized occupations;
(3) Has been in existance for two years or has been specially
accredited by the Secretary as an institution meeting the other
requirements of this definition; and
(4) Is accredited --
(i) by a nationally recognized accrediting agency or association
listed by the Secretary;
(ii) If the Secretary determines that there is no nationally
recognized accrediting agency or association qualified to accredit
schools of a particular category, by a State agency listed by the
Secretaray; or
(iii) If the Secretary determines that there is no nationally
recognized or State agency or association qualified to accredit schools
of a particular category, by an advisory committee appointed by the
Secretary and composed of persons specially qualified to evaluate
training provided by schools of the category, which comittee shall
prescribe the standards of content, scope, and quality which must be met
by those schools and shall also determine whether particular schools
meet those standards.
Program year means a period beginning on July 1 and ending on the
following June 30.
School facilities means classrooms and related facilities, including
initial equipment, and interests in lands on which the facilities are
constructed. The term does not include any facility intended primarily
for events for which admission is to be charged to the general public.
Single parent means an individual who --
(1) Is unmarried or legally separated from a spouse; and
(2) Has a minor child or children for which the parent has either
custody or joint custody.
Small business means for-profit enterprises employing five hundred or
fewer employees.
State means any of the 50 States, the Commonwealth of Puerto Rico,
the District of Columbia, Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, or the Trust Territory of the Pacific Islands.
State board means a State board designated or created by State law as
the sole State agency responsible for the administration of vocational
education, or for supervision of the administration of vocational
education in the State.
State council means the State council on vocational education
established in accordance with section 112 of the Act.
Vocational education means organized educational programs which are
directly related to the preparation of individuals for paid or unpaid
employment, in such fields as agriculture, business occupations, home
economics, health occupations, marketing and distributive occupations,
technical and emerging occupations, modern industrial and agriculture
arts, and trades and industrial occupations, or for additional
preparation for a career in those fields, and in other occupations
requiring other than a baccalaureate or advanced degree and vocational
student organization activities as an integral part of the program. For
purposes of this definition, ''organized education program'' means only
--
(1) Instruction, including career guidance and counseling, related to
the occupation or occupations for which the students are in training or
instruction necessary for students to benefit from that training; and
(2) The acquisition, including leasing, maintenance, and repair, of
instructional equipment, supplies, and teaching aids. The term does not
mean construction, acquisition of initial equipment or buildings, or the
acquisition or rental of land.
Vocational student organizations means those organizations for
individuals enrolled in vocational education programs which engage in
activities as an integral part of the instructional program. These
organizations may have State and national units which aggregate the work
and purposes of instruction in vocational education at the local level.
(Authority: Sec. 521; 20 U.S.C. 2471)
(50 FR 33231, Aug. 16, 1985, as amended at 51 FR 25493, July 14,
1986)
34 CFR 400.4 PART 401 -- STATE VOCATIONAL EDUCATION PROGRAM
34 CFR 400.4 Pt. 401
34 CFR 400.4 Subpart A -- General
Sec.
401.1 What is the State Vocational Education Program?
401.2 What regulations apply to the State Vocational Education
Program?
401.3 What definitions apply to the State Vocational Education
Program?
34 CFR 400.4 Subpart B -- How Does a State Participate in the State
Vocational Education Program?
401.10 What is the State board?
401.11 What are the principal responsibilites of the State board?
401.12 What are the additional responsibilities of the State board?
401.13 What are the personnel requirements regarding the elimination
of sex discrimination and sex stereotyping?
401.14 Must a State establish a State council on vocational
education?
401.15 What are the membership requirements of the State council on
vocational education?
401.16 What are the responsibilities of the State council on
vocational education?
401.17 What are the State plan requirements?
401.18 How is the State plan developed?
401.19 What must the State plan contain?
401.20 What procedures does a State use to submit its State plan?
401.21 When are amendments to State plans required?
401.22 What is the maintenance of fiscal effort requirement under the
State Vocational Education Program?
34 CFR 400.4 Subpart C -- How Does the Secretary Make a Grant to a
State?
401.30 How Does the Secretary make allotments under the State
Vocational Education Program?
401.31 How does the Secretary make reallotments under the State
Vocational Education Program?
401.32 When does the Secretary approve State plans and amendments?
34 CFR 400.4 Subpart D -- How Does a State Make an Award to an Eligible
Recipient?
401.40 How does a State carry out the State Vocational Education
Program?
401.41 What are the local application requirements under the State
Vocational Education Program?
34 CFR 400.4 Subpart E -- What Kinds of Activities Does the Secretary
Assist Under the Basic State Grant?
401.50 What are the components of the basic grant?
401.51 What is the Vocational Education Opportuntities Program?
401.52 How may funds under the Vocational Education Opportunities
Program be used to serve handicapped individuals?
401.53 How may funds under the Vocational Education Opporunities
Program be used to serve disadvantaged individuals?
401.54 How may funds under the Vocational Education Opportunities
Program be used to serve adults who are in need of training or
retraining?
401.55 How may funds under the Vocational Education Opportunities
Program be used to serve individuals who are single parents, homemakers,
or single pregnant women?
401.56 How may funds under the Vocational Education Opportunities
Program be used to serve individuals who participate in programs
designed to eliminate sex bias and stereotyping in vocational education?
401.57 How may funds under the Vocational Education Opportunities
Program be used for criminal offenders who are serving in a correctional
institution?
401.58 In what additional ways may funds under the Vocational
Education Opportunities Program be used?
401.59 What is the Vocational Education Improvement, Innovation, and
Expansion Program?
401.60 How may funds under the Vocational Education Improvement,
Innovation, and Expansion Program be used?
401.61 How may a State distribute funds under the Vocational
Education Improvement, Innovation, and Expansion Program?
34 CFR 400.4 Subpart F -- What Kinds of Activities Does the Secretary
Assist Under the Special Programs?
401.70 What are the Special Programs?
401.71 What activities does the Secretary support under the State
Assistance for Vocational Education Support Program by Community-Based
Organizations?
401.72 What are the application requirements for the State Assistance
for Vocational Education Support Programs by Community-Based
Organizations?
401.73 What activities does the Secretary support under the Consumer
and Homemaking Education Program?
401.74 What are the purposes of the Adult Training, Retraining, and
Employment Development Program?
401.75 What activities does the Secretary support under the Adult
Training, Retraining, and Employment Development Program?
401.76 What activities does the Secretary support under the
Comprehensive Career Guidance and Counseling Program?
401.77 What are the purposes of the Industry-Education Partnership or
Training in High-Technology Occupations Program?
401.78 What activities does the Secretary support under the
Industry-Education Partnership for Training in High-Technology
Occupations Program?
401.79 What are the special considerations under the
Industry-Education Partnership for Training in High-Technology
Occupations Program?
401.80 What additional fiscal requirements apply to the
Industry-Education Partnership for Training in High-Technology
Occupations Program?
34 CFR 400.4 Subpart G -- What Conditions Must the State Meet Under the
State Vocational Education Program?
401.90 How does a State reserve funds under the basic State grant?
401.91 How does a State reserve funds under the basic State grant for
State administration?
401.92 How does a State reserve funds under the Vocational Education
Opportunities Program?
401.93 What are the administrative cost requirements under the State
Vocational Education Program?
401.94 What are the cost-sharing requirements under the State
Vocational Education Program?
401.95 How does a State allocate funds for handicapped individuals
under the Vocational Education Opportunities Program?
401.96 How does a State allocate funds for disadvantaged individuals
under the Vocational Education Opportunities Program?
401.97 How does a State match funds for handicapped individuals and
disadvantaged individuals under the Vocational Education Opportunities
Program?
401.98 How does an eligible recipient use community-based
organizations under the Vocational Education Opportunities Program?
401.99 What kinds of joint projects are authorized under the
Vocational Education Opportunities Program?
401.100 How does a State distribute funds not reserved for
handicapped or disadvantaged individuals under the Vocational Education
Opportunities Program?
401.101 What are the ''equal access'' provisions that apply to
handicapped individuals and disadvantaged individuals under the
Vocational Education Opportunities Program?
401.102 How must funds be used under the Consumer and Homemaking
Education Program?
401.103 How must a State use funds under the Adult Training,
Retraining, and Employment Development Program?
401.104 How must a State coordinate programs under the Adult
Training, Retraining, and Employment Development Program?
401.105 How must funds be used under the Comprehensive Career
Guidance and Counseling Program?
34 CFR 400.4 Subpart H -- What are the Administrative Responsibilities
of a State Under the State Vocational Education Program?
401.110 What are a State's responsibilities regarding the Vocational
Education Data System?
401.111 What are a State's responsibilities regarding a State
occupational information coordinating committee?
401.112 What are a State's audit responsibilities under the Act?
401.113 What are a State's responsibilities to the National Center
for Research in Vocational Education?
34 CFR 400.4 Subpart I -- What are the Enforcement Procedures Under the
State Vocational Education Program?
401.120 What enforcement procedures may the Secretary use?
401.121 How under the Act may an eligible recipient appeal a final
action of a State board?
Authority: 20 U.S.C. 2301 et seq., unless otherwise noted.
Source: 50 FR 33235, Aug. 16, 1985, unless otherwise noted.
34 CFR 400.4 Subpart A -- General
34 CFR 401.1 What is the State Vocational Education Program?
(a) Under the State Vocational Education Program, the Secretary makes
grants to States, to assist them, local educational agencies,
postsecondary educational institutions, and other agencies and
institutions to administer the Federally assisted vocational education
programs that are authorized by the Act.
(b) The State Vocational Education Program consists of the programs
under the basic State grant for vocational education authorized by Title
II of the Act and the Special Programs authorized by Title III of the
Act.
(Authority: 20 U.S.C. 2301 et seq.)
34 CFR 401.2 What regulations apply to the State Vocational Education
Program?
The following regulations apply to the State Vocational Education
Program:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: 20 U.S.C. 2301 et seq.)
34 CFR 401.3 What definitions apply to the State Vocational Education
Program?
The definitions in 34 CFR 400.4 apply to the State Vocational
Education Program.
(Authority: Sec. 521; 20 U.S.C. 2471)
34 CFR 401.3 Subpart B -- How Does a State Participate in the State Vocational Education Program?
34 CFR 401.10 What is the State board?
A State that desires to participate in the programs authorized by the
Act shall, consistent with State law, designate or establish a State
board of vocational education which shall be the sole State agency
responsible for the administration or the supervision of the State's
vocational education program.
(Authority: Sec. 111(a); 20 U.S.C. 2321(a))
34 CFR 401.11 What are the principal responsibilities of the State
board?
The principal responsibilities of the State board must include --
(a) The coordination of the development, submission, and
implementation of the State plan;
(b) The evaluation of the programs, services, and activities assisted
under the Act, as required by 401.19(a) (8) and (9);
(c) The development, in consultation with the State council on
vocational education, and the submission to the Secretary of the State
plan;
(d) Consultation with the State council on vocational education and
other appropriate agencies, groups, and individuals involved in the
planning, administration, evaluation, and coordination of programs under
the Act;
(e) Convening and meeting as a State board, consistent with State law
and procedure, when the State board determines it is necessary to meet
to carry out its functions under the Act, but not less than four times
annually; and
(f) The adoption of those procedures the State board considers
necessary to implement State level coordination with the State job
training coordinating council in order to encourage cooperation between
programs under the Act and programs under the JTPA.
(Authority: Sec. 111(a); 20 U.S.C. 2321(a))
34 CFR 401.12 What are the additional responsibilities of the State
board?
(a) The State board shall make available to each private industry
council (PIC) established within the State under section 102 of the JTPA
a current listing of all programs assisted under the Act.
(b)(1) The State board, in consultation with the State council on
vocational education established under 401.14, shall establish at least
two technical committees to advise the State council and the State board
on the development of model curricula to address State labor market
needs. The technical committees shall develop an inventory of skills
that may be used by the State board to define state-of-the-art model
curricula. This inventory must identify the type of and level of
knowledge and skills needed for entry, retention, and advancement in
occupational areas taught in the State.
(2) The State board shall establish procedures for membership,
operation, and duration of the technical committees that are consistent
with the purposes of the Act. Their membership must be composed of
representatives of --
(i) Employers from any relevant industry or occupation for which the
committee is established;
(ii) Trade or professional organizations representing any relevant
occupations; and
(iii) Organized labor, where appropriate.
(3)(i) A State may use funds reserved under 401.90(b)(2) for the
Vocational Education Improvement, Innovation, and Expansion Program to
support the activities of the technical committees it establishes under
paragraph (b)(1) of this section.
(ii) For the purpose of 401.19(a)(4), regarding the requirement that
a State distribute at least eighty percent of its total basic State
grant allotment to eligible recipients, a State shall consider the funds
used to support the technical committees as part of the State's portion
(the portion that may not exceed twenty percent) of the State's
allotment.
(c) The State board shall identify as a State imposed requirement any
State rule or policy it imposes relating to the administration and
operation of programs funded under the Act, including any rule or policy
based on the State board's interpretation of any Federal law,
regulation, or guideline.
(d) Except for the functions described in 401.11, the State board
may delegate any of its other administrative, operational, or
supervisory responsibilities, in whole or in part, to one or more
appropriate State agencies.
(Authority: Secs. 111(a), (c), (d), (e), 521(1); 20 U.S.C.
2321(a), (c), (d), (e), 2471(1))
(50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 401.13 What are the personnel requirements regarding the
elimination of sex discrimination and sex stereotyping?
(a) A State that desires to participate in the State Vocational
Education Program shall assign one individual, within the appropriate
agency established or designated by the State board under 401.12(d) to
administer vocational education programs within the State, to work full
time to assist the State board to fulfill the purposes of the Act by --
(1) Administering the program of vocational education for single
parents, homemakers, and single pregnant women described in 401.55 and
the sex equity program described in 401.56;
(2) Gathering, analyzing, and disseminating data on the --
(i) Adequacy and effectiveness of vocational education programs in
the State in meeting the education and employment needs of women,
including the preparation of women for employment in technical
occupations, new and emerging occupational fields, and occupations
regarded as nontraditional for women; and
(ii) Status of men and women students and employees in the programs
in paragraph (a)(2)(i) of this section;
(3)(i) Reviewing vocational educational programs, including career
guidance and counseling, for sex stereotyping and sex bias, with
particular attention to practices which tend to inhibit the entry of
women in high technology occupations; and
(ii) Submitting recommendations for inclusion in the State plan for
programs and policies to overcome sex bias and sex stereotyping in the
programs in paragraph (a)(3)(i) of this section;
(4) Submitting to the State board an assessment of the State's
progress in meeting the purposes of the Act with regard to overcoming
sex discrimination and sex stereotyping;
(5) Reviewing proposed actions on grants, contracts, and the policies
of the State board to ensure that the needs of women are addressed in
the administration of that Act;
(6) Developing recommendations for programs of information and
outreach to women concerning vocational education and employment
opportunities for women, including opportunities for careers as
technicians and skilled workers in technical fields and new and emerging
occupational fields;
(7) Providing technical assistance and advice to local educational
agencies, postsecondary institutions, and other interested parties in
the State, on expanding vocational opportunities for women; and
(8) Assisting administrators, instructors, and counselors in
implementing programs and activities to increase access for women,
including displaced homemakers and single heads of households, to
vocational education and to increase male and female students'
enrollment in nontraditional programs.
(b) A State shall, in accordance with 401.91(b), reserve at least
$60,000 to carry out the provisions of paragraph (a) of this section,
including the provision of necessary and reasonable staff support.
(c) For the purposes of this section, the term ''State'' includes
only the fifty States and the District of Columbia.
(Approved by the Office of Management and Budget under control number
1830-0030)
(Authority: 20 U.S.C. 2321(b), 2331)
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14,
1986; 53 FR 35258, Sept. 12, 1988)
34 CFR 401.14 Must a State establish a State council on vocational
education?
A State that desires to participate in the State Vocational Education
Program shall establish a State council on vocational education, which
must be appointed --
(a) By the Governor; or
(b) In the case of States in which the members of State board of
education are elected, including election by the State legislature, by
the State board of education.
(Authority: Sec. 112(a); 20 U.S.C. 2322(a); House Report No.
98-1129, 98th Cong, 2d Sess, p. 89 (1984))
(51 FR 25493, July 14, 1986)
34 CFR 401.15 What are the membership requirements of the State council
on vocational education?
(a) Each State council must be composed of thirteen individuals, and
must be broadly representative of citizens and groups within the State
having an interest in vocational education.
(b) Each State council must consist of --
(1) Seven individuals who are representative of the private sector in
the State and who must constitute a majority of the membership --
(i) Five of whom must be representative of business, industry, and
agriculture including --
(A) One member who is representative of small business concerns; and
(B) One member who is a private sector member of the State job
training coordinating council established pursuant to section 122 of the
JTPA; and
(ii) Two of whom must be representatives of labor organizations; and
(2) Six individuals, one of whom must be representative of special
education, who are representative of --
(i) Secondary and postsecondary vocational institutions (equitably
distributed among those institutions);
(ii) Career guidance and counseling organizations within the State;
and
(iii) Individuals who have special knowledge and qualifications with
respect to the special educational and career development needs of
special populations, including women, disadvantaged individuals,
handicapped individuals, individuals with limited English proficiency,
and minorities.
(c) In selecting individuals to serve on the State council on
vocational education, the State shall give due consideration to the
appointment of individuals who serve on a private industry council under
the JTPA, or on State councils established under other related Federal
programs.
(d) Each State shall certify to the Secretary the establishment and
membership of the State council by the beginning of each State plan
period described in 401.17.
(Authority: Sec. 112(a), (b); 20 U.S.C. 2322(a), (b))
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14,
1986)
34 CFR 401.16 What are the responsibilities of the State council on
vocational education?
(a)(1) The State council on vocational education shall meet as soon
as practical after the Secretary accepts its certification and shall
select from among its membership a chairperson who must be a
representative of the private sector.
(2) The State council on vocational education shall adopt rules that
govern the time, place, and manner of meeting, as well as council
operating procedures and staffing. The rules must provide for at least
one public meeting each year at which the public is given an opportunity
to express views concerning the vocational education program of the
State.
(b) Each State council on vocational education, during each State
plan period described in 401.17 unless otherwise indicated in the
regulations in this section, shall --
(1) Meet with the State board or its representatives to advise on the
development of the subsequent State plan, or any amendments to the
current State plan, while the State plan or amendment is being
developed;
(2) Advise the State board and make reports to the Governor, the
business community, and general public of the State concerning --
(i) Policies the State should pursue to strengthen vocational
education, with particular attention to programs for the handicapped;
and
(ii) Initiatives and methods the private sector could undertake to
assist in the modernization of vocational education programs;
(3) Analyze and report on the distribution of all vocational
education funds in the State and on the availability of vocational
education activities and services within the State;
(4) Consult with the State board on the establishment of evaluation
criteria for vocational education programs within the State;
(5) Submit recommendations to the State board on the conduct of
vocational education programs conducted in the State which emphasize the
use of business concerns and labor organizations;
(6) Assess and report on the distribution of financial assistance
under the Act, particularly the distribution of financial assistance
between secondary vocational education programs and postsecondary
vocational education programs;
(7) Recommend procedures to the State board to ensure and enhance the
participation of the public in the provision of vocational education at
the local level within the State, particularly the participation of
local employers and local labor organizations;
(8) Report to the State board on the extent to which the individuals
described in 401.51 are provided with equal access to quality
vocational education programs; and
(9)(i) At least once every two years --
(A) Evaluate the vocational education program delivery systems
assisted under the Act and the JTPA in terms of their adequacy and
effectiveness in achieving their respective purposes; and
(B) Make recommendations to the State board on the adequacy and
effectiveness of the coordination that takes place between vocational
education and the JTPA; and
(ii) Advise, in writing, the Governor, the State board, the State job
training coordinating council, the Secretary, and the Secretary of Labor
of these findings and recommendations.
(c)(1) Each State council on vocational education is authorized to --
(i) Obtain the services of whatever professional, technical, and
clerical personnel are necessary to enable it to carry out its functions
under the Act; and
(ii) Contract for whatever services are necessary to enable it to
carry out its evaluation functions, independent of programmatic and
administrative control by other State boards, agencies, and individuals.
(2) The expenditure of funds awarded to a State council on vocational
education by the Secretary must be solely determined by that State
council and may not be diverted or reprogrammed for any other purpose by
any State board, agency, or individual. Each State council on
vocational education shall designate an appropriate State agency, or
other public agency eligible to receive funds under the Act, to act as
its fiscal agent for purposes of disbursement, accounting, and auditing.
(Approved by the Office of Management and Budget under control number
1830-0030)
(Authority: Sec. 112(c)-(f); 20 U.S.C. 2322(c)-(f))
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14,
1986; 51 FR 26687, July 25, 1986)
34 CFR 401.17 What are the State plan requirements?
(a) A State that desires to participate in the State Vocational
Education Program shall submit to the Secretary a State plan for a three
program year period in the case of the initial plan and a two program
year period thereafter, together with any annual amendments the State
board determines to be necessary.
(b) Each State shall carry out its programs under the State
Vocational Education Program on the basis of program years which
coincide with program years under section 104(a) of the JTPA.
(c) The provisions of 34 CFR 76.103 do not apply to the State
Vocational Education Program.
(Approved by the Office of Management and Budget under control number
1830-0029)
(Authority: Sec. 113(a)(1); 20 U.S.C. 2323(a)(1))
34 CFR 401.18 How is the State plan developed?
(a) In formulating the State plan, and any amendments to the State
plan, the State board shall meet with and utilize the State council on
vocational education established under 401.14.
(b) After providing appropriate and sufficient notice to the public,
the State board shall conduct at least two public hearings in the State
for the purpose of affording all segments of the public and interested
organizations and groups an opportunity to present their views and make
recommendations regarding the State plan.
(c) In developing the State plan, the State board shall --
(1) Assess the current and projected occupational needs and the
current and projected demand for general occupational skills within the
State;
(2) Examine the needs of students, including adults, in order to
determine how best to improve student skill levels in light of the
State's occupational and skill requirements;
(3) Assess the special needs of groups of individuals described in
401.51 for access to vocational education and vocational services in
terms of labor market needs;
(4) Assess the quality of vocational education in terms of --
(i) The pertinence of programs to the workplace and to new and
emerging technologies;
(ii) The responsiveness of programs to the current and projected
occupational needs in the State;
(iii) The capacity of programs to facilitate entry into, and
participation in, vocational eduction, and to ease the school-to-work
and secondary-to-postsecondary transitions;
(iv) The technological and educational quality of vocational
curricula, equipment, and instructional materials to enable vocational
students and instructors to meet the challenges of increased
technological demands of the workplace; and
(v) The capacity of vocational education programs to meet the needs
for general occupational skills and the improvement of academic
foundations in order to address the changing content of jobs;
(5) Determine the capacity of local educational agencies, with
respect to secondary education, and postsecondary educational
institutions, to deliver the vocational education services necessary to
meet the needs identified through the assessments required by paragraphs
(c) (1) through (4) of this section; and
(6) Determine, for each program year, how the services and activities
supported under the Act may be expected to assist the State in meeting
the needs identified through the assessments required by paragraphs (c)
(1) through (4) of this section.
(Approved by the Office of Management and Budget under control number
1830-0029)
(Authority: Sec. 113(a)(3); 20 U.S.C. 2323(a)(3))
34 CFR 401.19 What must the State plan contain?
(a) Assurances. To participate in the programs authorized under the
State Vocational Education Program, the State shall include the
following assurances in its State plan:
(1) That the State board will comply with the requirements of Titles
I, II, III, and V of the Act (including the maintenance of fiscal effort
requirement in 401.22).
(Authority: Sec. 113(b)(1); 20 U.S.C. 2323(b)(1))
(2) That the State will comply with the distribution of assistance
requirements contained in 401.95 and 401.96.
(Authority: Sec. 113(b)(1)(B); 20 U.S.C. 2323(b)(1)(B))
(3) That, to the extent consistent with the number and location of
handicapped and disadvantaged individuals who are enrolled in private
elementary and secondary schools in the State, the State will provide
for the participation of these individuals in the Vocational Education
Opportunities Program.
(Authority: Sec. 113(b)(1)(C); 20 U.S.C. 2323(b)(1)(C))
(4) That the State will distribute at least eighty percent of its
total basic State grant allotment to eligible recipients or combinations
of eligible recipients. Funds distributed to State-operated schools or
institutions are counted as if they were distributed to eligible
recipients.
(Authority: Sec. 113(b)(4); 20 U.S.C. 2323(b)(4); House Report No.
98-1129, 98th Cong. 2d Sess. p. 96 (1984))
(5) That the State will distribute all of the State basic grant funds
reserved for handicapped and disadvantaged individuals under 401.92 (a)
and (b) to eligible recipients or combinations of eligible recipients,
in accordance with 401.95 and 401.96.
(Authority: Sec. 113(b)(4); 20 U.S.C. 2323(b)(4))
(6) That in using funds allotted for single parents, homemakers, or
single pregnant women under 401.92(d) --
(i) The State will emphasize assisting individuals with the greatest
financial need; and
(ii) That in serving homemakers, the State will give special
consideration to homemakers who, because of divorce, separation, or the
death or disability of a spouse, must prepare for paid employment.
(Authority: 20 U.S.C. 2323(b)(7), 2331)
(7) That the State will provide relevant training and vocational
education activities to men and women who desire to enter occupations
that are not traditionally associated with their sex.
(Authority: Sec. 113(b)(8); 20 U.S.C. 2323(b)(8))
(8) That the State will develop measures for evaluating the
effectiveness of programs assisted under the Act in meeting the needs
identified in the State plan, including measurements of such factors as
--
(i) The occupations to be trained for, which must reflect a realistic
assessment of the labor market needs of the State;
(ii) The levels of skills, to be achieved in particular occupations,
which must reflect the hiring needs of employers; and
(iii) The basic employment competencies to be used in performance
outcomes, which must reflect the hiring needs of employers.
(Authority: Sec. 113(b)(9)(A); 20 U.S.C. 2323(b)(9)(A))
(9) That the State will establish appropriate measures for evaluating
the effectiveness of programs for the handicapped under the Act, as a
component of the measures developed under paragraph (a)(8) of this
section.
(Authority: Sec. 113(b)(9)(B); 20 U.S.C. 2323(b)(9)(B))
(10) That each program year the State will evaluate all of the
projects, services, and activities, supported under this part, of at
least twenty percent of the participating eligible recipients, so that
by the end of a five year period every local program which has received
Federal funds will have been evaluated.
(Authority: Sec. 113(b)(9)(C); 20 U.S.C. 2323(b)(9)(C); House
Report No. 98-1129, 98th Cong. 2d Sess. p. 97 (1984))
(11) That the State will fund programs of personnel development and
curriculum development that further the goals identified in the State
plan.
(Authority: Sec. 113(b)(11); 20 U.S.C. 2323(b)(11))
(12) That the vocational education needs of those identifiable
segments of the population in the State that have the highest rates of
unemployment have been thoroughly assessed, and that those needs are
reflected in, and addressed by, the State plan.
(Authority: Sec. 113(b)(12); 20 U.S.C. 2323(b)(12))
(13) That the State board will cooperate with the State council on
vocational education in carrying out the State council's duties under
this part.
(Authority: Sec. 113(b)(13); 20 U.S.C. 2323(b)(13))
(14) That none of the funds expended under the Act will be used to
acquire equipment (including computer software) in any instance in which
its acquisition results in a direct financial benefit to any
organization representing the interests of the purchasing entity, or its
employees, or any affiliate of such an organization.
(Authority: Sec. 113(b)(14); 20 U.S.C. 2323(b)(14))
(15) That for each program year, expenditures for career guidance and
counseling from allotments for the basic State grant authorized by Title
II of the Act, and the Comprehensive Career Guidance and Counseling
Program under the Special Programs authorized by Title III, Part D of
the Act, will not be less than the expenditures for guidance and
counseling programs in the State that were assisted under section 134(a)
of the Vocational Education Act of 1963 for fiscal year 1984.
(Authority: Sec. 113(b)(15); 20 U.S.C. 2323(b)(15))
(16) That Federal funds made available under the Act will be used to
supplement, and to the extent practicable, increase the amount of State
and local funds that would in the absence of those Federal funds be made
available for the uses specified in the State plan, and in no case to
supplant those State or local funds.
(Authority: Sec. 113(b)(16); 20 U.S.C. 2323(b)(16))
(17) That the State will provide for such fiscal control and fund
accounting procedures as may be necessary to assure the proper
disbursement of, and accounting for, Federal funds paid to the State,
including Federal funds paid by the State to eligible recipients under
the Act.
(Authority: Sec. 113(b)(17); 20 U.S.C. 2323(b)(17))
(18) That the State, in using basic State grant funds reserved for
vocational education services and activities for handicapped individuals
and disadvantaged individuals under 401.92, will --
(i) Provide equal access to those individuals --
(A) In recruitment, enrollment, and placement activities; and
(B) To the full range of vocational programs available to
nonhandicapped and nondisadvantaged individuals, including
occupationally specific courses of study, cooperative education, and
apprenticeship programs; and
(ii) Provide vocational education programs and activities for
handicapped individuals --
(A) In the least restrictive environment in accordance with section
612(5)(B) of the Education of the Handicapped Act;
(B) Which are included, whenever appropriate, as a component of the
individualized education program required under section 612(4) and
section 614(a)(5) of that Act; and
(C) Which are planned through the coordination of appropriate
representatives of vocational education and special education.
(Authority: Sec. 204(a); 20 U.S.C. 2334(a))
(19) That programs under the Adult Training, Retraining and
Employment Development Program authorized by Title III, Part C of the
Act --
(i) Are designed with the active participation of the State council
established under 401.14;
(ii) Make maximum effective use of existing institutions, are planned
to avoid duplication of programs or institutional capabilities, and, to
the fullest extent practicable, are designed to strengthen institutional
capacity to meet the education and training needs addressed by the Adult
Training, Retraining, and Employment Development Program;
(iii) Involve close cooperation with and participation by public and
private sector employers and public and private agencies working with
problems of employment and training and economic development; and
(iv) Involve coordination with programs under the Rehabilitation Act
of 1973 and the Education of the Handicapped Act, where appropriate.
(Authority: Sec. 322(b)(2); 20 U.S.C. 2372(b)(2))
(20) That funds received under the Industry-Education Partnership for
Training in High-Technology Occupations Program authorized by Title III,
Part E of the Act --
(i) Will be used solely for vocational education programs designed to
train skilled workers and technicians in high-technology occupations,
including programs providing related instruction to apprentices, and
projects to train skilled workers needed to produce, install, operate,
and maintain high technology equipment, systems, and processes; and
(ii) Will be used, to the maximum extent practicable, in coordination
with the JTPA to avoid duplication of effort, and to ensure maximum
effective utilization of funds under the Act and the JTPA.
(Authority: Sec. 342(b) (1), (2); 20 U.S.C. 2392(b) (1), (2))
(21) That not less than fifty percent of the aggregate costs of
projects assisted under the Industry-Education Partnership for Training
in High-Technology Occupations Programs authorized by Title III, Part E
of the Act will be provided from non-Federal sources, except as provided
in 401.80(a)(3), and that not less than fifty percent of the
non-Federal share of the aggregate costs in the State will be provided
by participating business and industrial firms.
(Authority: Sec. 342(b)(3); 20 U.S.C. 2392(b)(3))
(22) That projects assisted under the Industry-Education Partnership
for Training in High-Technology Occupations Program authorized by Title
III, Part E of the Act will be --
(i) Coordinated with similar programs assisted under the basic State
grant program and, to the maximum extent practicable (consistent with
the purposes of programs assisted under the basic State grant program),
supportive services will be organized to serve both programs; and
(ii) Developed with the active participation of the State council
established under 401.14.
(Authority: Sec. 342(b) (4), (5); 20 U.S.C. 2392(b) (4), (5))
(b) Descriptions. To participate in the programs authorized under
the State Vocational Education Program, the State shall include the
following descriptions in its State plan:
(1) The manner in which the State will comply with the requirements
for programs for the handicapped and for the disadvantaged described in
paragraph (a)(18) of this section and 401.101.
(Authority: Sec. 113(b)(1)(A); 20 U.S.C. 2323(b)(1)(A))
(2) The planned uses of Federal funds available for vocational
education for each program year for which the State plan is submitted
and how the State carried out the requirements of 401.18(c).
(Authority: Sec. 113(b)(2); 20 U.S.C. 2323(b)(2))
(3) The progress the State has made in achieving the goals set forth
in each preceding State plan under the Act.
(Authority: Sec. 113(b)(3); 20 U.S.C. 2323(b)(3))
(4) The criteria the State board will use in approving applications
of eligible recipients and allocating funds under the State Vocational
Education Program to eligible recipients. These criteria must ensure
that the State allocates more funds under the State Vocational Education
Program to eligible recipients in units of local government that are in
economically depressed areas (including both urban and rural units) or
which have high unemployment, as determined by the State, than it
allocates to eligible recipients that are not in economically depressed
areas or areas which have high unemployment.
(Authority: Sec. 113(b)(5); 20 U.S.C. 2323(b)(5))
(5) Whatever methods of administration are necessary for the proper
and efficient administration of the Act.
(Authority: Sec. 113(b)(6); 20 U.S.C. 2323(b)(6))
(6) The methods proposed for the joint planning and coordination of
programs carried out under the Act with programs conducted under the
JTPA, the Adult Education Act, Chapter 1 of the Education Consolidation
and Improvement Act of 1981, the Education of the Handicapped Act, and
the Rehabilitation Act of 1973, and with apprenticeship training
programs.
(Authority: Sec. 113(b)(10); 20 U.S.C. 2323(b)(10))
(7) Any delegation of functions under 401.12(d).
(Authority: Sec. 111(a)(2); 20 U.S.C. 2321(a)(2))
(8) If the Secretary requires, the manner in which the State board
will comply with the requirements of Titles I, II, III, and V of the Act
(including the maintenance of fiscal effort requirement in 401.22).
(Authority: Sec. 113(b)(1); 20 U.S.C. 2323(b)(1))
(9) The uniform methods the State board will use to identify
economically disadvantaged families and individuals.
(Authority: Sec. 521(20); 20 U.S.C. 2471(20))
(10) The appropriate criteria for determining which eligible
recipients are exempt from the local application requirements under
401.41.
(Authority: Sec. 115(c)(2); 20 U.S.C. 2325(c)(2))
(11) The methods and procedures the State will use for coordinating
vocational education programs, services, and activities under the Adult
Training, Retraining, and Employment Development Program authorized by
Title III, Part C of the Act with programs of assistance for dislocated
workers funded under Title III of the JTPA.
(Authority: Sec. 323(a); 20 U.S.C. 2373(a))
(12) The criteria the State uses to designate an economically
depressed area or an area with high unemployment.
(Authority: Sec. 521(13); 20 U.S.C. 2471(13))
(13) A summary of the recommendations made at the public hearings on
the State plan and the State board's response.
(Approved by the Office of Management and Budget under control number
1830-0029)
(Authority: Sec. 113(a)(2)(B); 20 U.S.C. 2323(a)(2)(B))
(50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985, as amended
at 51 FR 25493, July 14, 1986; 53 FR 35258, Sept, 12, 1988)
34 CFR 401.20 What procedures does a State use to submit its State
plan?
(a)(1) The State board shall submit its State plan for review and
comment to the State legislature and the State job training coordinating
council under section 122 of the JTPA not less than sixty days before
the State plan is submitted to the Secretary.
(2) If the matters raised by the comments of the State legislature
and the State job training coordinating council are not addressed in the
State plan, the State board shall submit those comments to the Secretary
with the State plan.
(3) If the State legislature is not in session during the sixty-day
period described in paragraph (a)(1) of this section, the State board
shall submit the plan to the State legislature for review and comment at
its next session, and forward any comments to the Secretary.
(b)(1) The State board shall submit its State plan for review and
comment to the State council on vocational education not less than sixty
days before the State plan is submitted to the Secretary.
(2) If the State council on vocational education finds that the final
State plan is objectionable for any reason, including that it does not
meet the labor market needs of the State, the State council shall file
its objections with the State board.
(3) The State board shall respond to any objections of the State
council in submitting the State plan to the Secretary.
(c)(1) The State board shall submit its State plan to the Secretary
by the May 1 preceding the first program year for which the plan will be
in effect.
(2) The State plan shall be considered to be the general application
required by section 435 of the General Education Provisions Act.
(Approved by the Office of Management and Budget under control number
1830-0029)
(Authority: Sec. 114; 20 U.S.C. 2324)
34 CFR 401.21 When are amendments to State plans required?
The State board, in consultation with the State council, shall submit
one or more amendments to the State plan to the Secretary when required
by 34 CFR 76.140 or when changes in program conditions, labor market
conditions, funding, or other factors require substantial amendment of
an approved State plan. All amendments must be subject to review by the
State job training coordinating council and the State council on
vocational education.
(Approved by the Office of Management and Budget under control number
1830-0029)
(Authority: Sec. 113(c)(1); 20 U.S.C. 2323(c)(1))
34 CFR 401.22 What is the maintenance of fiscal effort requirement
under the State Vocational Education Program?
(a) The Secretary may not make a payment under the Act to a State for
any fiscal year unless the Secretary determines that the fiscal effort
per student, or the aggregate expenditures of that State, from State
sources, for vocational education for the fiscal year (or program year)
preceding the fiscal year (or program year) for which the determination
is made, at least equaled its effort or expenditures for vocational
education for the second preceding fiscal year (or program year).
(b)(1) If the Secretary makes a determination that a waiver would be
equitable due to exceptional or uncontrollable circumstances affecting
the ability of the State to meet the requirements of paragraph (a) of
this section, the Secretary may waive those requirements for one year
only. Examples of exceptional or uncontrollable circumstances affecting
the financial ability of the State are a natural disaster or an
unforeseen and precipitous decline in financial resources.
(2) No level of expenditures permitted under a waiver may be used as
a basis for computing the fiscal effort required under paragraph (a) of
this section for subsequent years. Instead, for subsequent years,
fiscal effort must be computed on the basis of the level of expenditures
that would have been required had a waiver not been granted.
(Authority: Sec. 503; 20 U.S.C. 2463)
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14,
1986)
34 CFR 401.22 Subpart C -- How Does the Secretary Make a Grant to a State?
34 CFR 401.30 How does the Secretary make allotments under the State
Vocational Education Program?
(a)(1) From funds appropriated under section 3(a) of the Act for the
basic State grant and section 3(b) of the Act for the programs that
compose the Special Programs, the Secretary allots funds each fiscal
year according to the provisions of section 101 of the Act.
(2) Upon approval of its State plan and any annual amendments, the
Secretary makes one or more grant awards from those allotments to the
State.
(b)(1) From funds appropriated under section 3(c) of the Act, the
Secretary allots funds each fiscal year for State councils on vocational
education according to the provisions of section 112(f)(1) of the Act.
(2) Upon approval of the State plan and submission of an annual
budget covering the proposed expenditures of the State council on
vocational education for the following program year, the Secretary makes
an award to the State council.
(Authority: Sec. 501(b); 20 U.S.C. 2461(b))
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14,
1986)
34 CFR 401.31 How does the Secretary make reallotments under the State
Vocational Education Program?
(a)(1) If the Secretary determines that any amount of a State's
allotment under 401.30(a) will not be required for any fiscal year for
carrying out the program for which the allotment was made, the Secretary
reallots those funds to one or more States that demonstrate a current
need for additional funds and the ability to utilize them promptly and
effectively upon reallotment.
(2) The Secretary announces in the Federal Register the dates on
which funds will be reallotted.
(b)(1) No funds reallotted under paragraph (a) of this section may be
used for any purpose other than the purposes for which they were
appropriated.
(2) Any amount reallotted to a State under paragraph (a) of this
section remains available for obligation during the succeeding fiscal
year and is deemed to be part of the State's allotment for the fiscal
year in which the reallotted funds are obligated.
(Authority: Sec. 101(b); 20 U.S.C. 2311(b))
34 CFR 401.32 When does the Secretary approve State plans and
amendments?
(a)(1) The Secretary approves a State plan, or an amendment to a
State plan, unless the amendments propose changes that are inconsistent
with the requirements and purposes of the Act, within sixty days of its
receipt if it complies with the requirements of the Act and applicable
regulations.
(2) Before the Secretary finally disapproves a State plan, or an
amendment to a State plan, the Secretary gives reasonable notice and an
opportunity for a hearing to the State board.
(b) In reviewing a State plan, or an amendment to a State plan, the
Secretary considers available comments from the State legislature, the
State job training coordinating council, and the State council on
vocational education.
(Authority: Sec. 114; 20 U.S.C. 2324)
34 CFR 401.32 Subpart D -- How Does a State Make an Award to an Eligible Recipient?
34 CFR 401.40 How does a State carry out the State Vocational Education
Program?
(a) Unless otherwise indicated in the regulations in this part, a
State board shall carry out projects, services, and activities under the
State Vocational Education Program --
(1) Directly;
(2) Through a school operated by the State board;
(3) Through awards to State agencies or institutions such as
vocational schools or correctional institutions; or
(4) Through awards to eligible recipients.
(b) For the purpose of paragraph (a) of this section, a State board
acts directly when it --
(1) Carries out projects, services, or activities using its own staff
(except at a school operated by the State board); or
(2) Contracts for State-wide projects, services, or activities such
as research, curriculum development, and teacher training.
(c) The regulations in this part also authorize a State to carry out
certain projects, services, and activities under the State Vocational
Education Program by making an award to an entity other than an eligible
recipient, such as a community-based organization, or an employer.
(d)(1) For the purpose of requirements dealing with local
applications ( 401.41) and the distribution of funds to eligible
recipients ( 401.19(a) (4) and (5) and 401.19(b)(4)), projects,
services, and activities carried out by a school operated by the State
board under paragraph (a)(2) of this section, carried out by a State
agency or institution under paragraph (a)(3) of this section, or carried
out by an entity other than an eligible recipient under paragraph (c) of
this section, are considered to be carried out by an eligible recipient.
(2) For the purpose of 401.19(a)(4), regarding the requirement that
a State distribute at least eighty percent of its total basic State
grant allotment to eligible recipients, a State shall consider all funds
awarded to an eligible recipient as part of this local portion (at least
eighty percent) of the State's allotment.
(Authority: Secs. 113(b) (4), (5), 115, 201(f)(3), 201(h)(2),
203(a), 252(b); 20 U.S.C. 2323(b) (4), (5), 2325, 2331(f)(3),
2331(h)(2), 2333(a), 2342(b); House Report No. 98-1129, 98th Cong. 2d
Sess. p. 96 (1984))
34 CFR 401.41 What are the local application requirements under the
State Vocational Education Program?
(a) Except as provided in paragraph (d) of this section, and unless
otherwise provided by the regulations in this part, each eligible
recipient that desires to receive funds under the State vocational
education program shall submit to the State board an application for the
use of those funds that --
(1) Satisfies the requirements established by the State board; and
(2) Is for any period of time covered by the State plan.
(b) The State board shall establish requirements for local
applications, and amendments to local applications, except that each
local application must --
(1) Describe the vocational education programs, services, and
activities to be funded; and
(2) Describe how the proposed programs, services, and activities will
be coordinated with relevant programs under the JTPA and the Adult
Education Act, in order to avoid duplication.
(c) The eligible recipient shall make the local application available
for review and comment by interested parties, including the appropriate
administrative entity under the JTPA.
(d) The State board may exempt an eligible recipient which provides
relatively few vocational education programs, services, and activities
with a limited total of Federal and State funds, from the requirements
of this section.
(Approved by the Office of Management and Budget under control number
1830-0030)
(Authority: Sec. 115; 20 U.S.C. 2325)
34 CFR 401.41 Subpart E -- What Kinds of Activities Does the Secretary Assist Under the Basic State Grant?
34 CFR 401.50 What are the components of the basic State grant?
The basic State grant, authorized by Title II of the Act, consists of
two programs --
(a) The Vocational Education Opportunities Program; and
(b) The Vocational Education Improvement, Innovation, and Expansion
Program.
(Authority: 20 U.S.C. 2331 et seq.)
34 CFR 401.51 What is the Vocational Education Opportunities Program?
Each State shall use funds reserved in accordance with 401.90(b)
and 401.92 to provide vocational education services and activities
designed to meet the special needs of, and enhance the participation of
--
(a) Handicapped individuals;
(b) Disadvantaged individuals;
(c) Adults who are in need of training or retraining;
(d) Individuals who are single parents, homemakers, or single
pregnant women;
(e) Individuals who participate in programs designed to eliminate sex
bias and stereotyping in vocational education; and
(f) Criminal offenders who are serving in a correctional institution.
(Authority: 20 U.S.C. 2331 (a), (b))
(50 FR 33235, Aug. 16, 1985, as amended at 53 FR 35259, Sept. 12,
1988)
34 CFR 401.52 How may funds under the Vocational Education
Opportunities Program be used to serve handicapped individuals?
(a) A State shall use funds reserved for handicapped individuals in
accordance with 401.92(a) only for the Federal share of expenditures
that are limited to supplemental or additional staff, equipment,
materials, and services that are not provided to other individuals in
vocational education and that are essential for handicapped individuals
to participate in vocational education.
(b) If the conditions of handicapped students require a separate
program, each State may use these funds only for the Federal share of
the costs of the services and activities in separate vocational
education programs for handicapped individuals which exceed the average
per-pupil expenditures for the comparable regular vocational education
services and activities of the eligible recipient.
(Authority: Sec. 201 (c)(1); 20 U.S.C. 2331(c)(1))
34 CFR 401.53 How may funds under the Vocational Education
Opportunities Program be used to serve disadvantaged individuals?
(a)(1) A state shall use funds reserved for disadvantaged individuals
in accordance with 401.92(b) only for the Federal share of expenditures
that are limited to supplemental or additional staff, equipment,
materials, and services that are not provided to other individuals in
vocational education and that are essential for disadvantaged
individuals to participate in vocational education.
(2) If the conditions of disadvantaged students require a separate
program, each State may use these funds only for the Federal share of
the costs of the services and activities in separate vocational
education programs for disadvantaged individuals which exceed the
average per-pupil expenditures for the comparable regular vocational
education services and activities of the eligible recipient.
(b)(1) A State may use funds described in paragraph (a) of this
section for --
(i) The improvement of vocational education services and activities
designed to provide equal access to quality vocational education to
disadvantaged individuals; and
(ii) Services and activities which apply the latest technological
advances to courses of instruction for disadvantaged individuals.
(2) A State may also use funds described in paragraph (a) of this
section to acquire modern machinery and tools, but only for schools at
which at least seventy-five percent of the students enrolled are
economically disadvantaged.
(Authority: Sec. 201 (c)(2), (d); 20 U.S.C. 2331 (c)(2), (d))
34 CFR 401.54 How may funds under the Vocational Education
Opportunities Program be used to serve adults who are in need of
training or retraining?
(a) A State shall use funds reserved for adults in need of training
or retraining in accordance with 401.92(c) to provide, improve, and
expand adult and postsecondary vocational education services and
activities to train and retrain adults.
(b) A State may use funds described in paragraph (a) of this section
for --
(1) Services and activities developed in coordination with the State
agency administering Title III of the JTPA;
(2) Additional training under Title III of the JTPA;
(3) Vocational education programs for training or retraining adults,
including programs for older individuals and displaced homemakers;
(4) Services for adults in other vocational education programs,
including the costs of instruction and the costs of keeping school
facilities open longer;
(5) Individuals who have completed or left high school and who are
enrolled in organized programs of study for which credit is given toward
an associate or other degree, but which are not designed as
baccalaureate or higher degree programs; and
(6) Individuals who have already entered the labor market, or have
completed or left high school, and who are not described in paragraph
(b)(5) of this section.
(Authority: Sec. 201(e); 20 U.S.C. 2331(e))
(50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 401.55 How may funds under the Vocational Education
Opportunities Program be used to serve individuals who are single
parents, homemakers, or single pregnant women?
A State shall use funds reserved for individuals who are single
parents, homemakers, or single pregnant women in accordance with
401.92(d) only to --
(a) Provide, subsidize, reimburse, or pay for vocational education
and training activities, including basic literacy instruction and
necessary educational materials, that will give single parents,
homemakers, or single pregnant women marketable skills;
(b) Make subgrants to eligible recipients for expanding vocational
education services where this expansion directly increases the eligible
recipients' capacity for providing single parents, homemakers, or single
pregnant women, with marketable skills;
(c) Make subgrants to community-based organizations for the provision
of vocational education services to single parents, homemakers, or
single pregnant women, if the State determines that a community-based
organization has demonstrated effectiveness in providing comparable or
related services to single parents, homemakers, or single pregnant
women, taking into account the demonstrated performance of such an
organization in terms of the cost and quality of its training and the
characteristics of the participants;
(d) Make vocational education and training programs more accessible
to single parents, homemakers, or single pregnant women, by assisting
them with child care or transportation services or by organizing and
scheduling those programs so that they are more accessible; or
(e) Provide information to single parents, homemakers, or single
pregnant women to inform them of vocational education programs and
related support services.
(Authority: 20 U.S.C. 2331(f))
(53 FR 35259, Sept. 12, 1988)
34 CFR 401.56 How may funds under the Vocational Education
Opportunities Program be used to serve individuals who participate in
programs designed to eliminate sex bias and stereotyping in vocational
education?
(a) A State shall use funds reserved for individuals who participate
in programs designed to eliminate sex bias and stereotyping in
vocational education in accordance with 401.92(e) for --
(1) Programs, services, and activities to eliminate sex bias and
stereotyping in secondary and postsecondary vocational education
programs;
(2) Vocational education programs, services, and activities for girls
and women aged 14 through 25, designed to enable the participants to
support themselves and their families; and
(3) Support services for individuals participating in vocational
education programs, services, and activities described in paragraphs
(a)(1) and (a)(2) of this section, including dependent-care services and
transportation.
(b) A State may waive the age limitations in paragraph (a)(2) of this
section if the person described in 401.13(a) determines that the waiver
is essential to meet the objectives of this section.
(Authority: Sec. 201(g); 20 U.S.C. 2331(g))
(50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 401.57 How may funds under the Vocational Education
Opportunities Program be used for criminal offenders who are serving in
a correctional institution?
A State shall use funds reserved for criminal offenders who are
serving in a correctional institution in accordance with 401.92(f) to
provide vocational education services and activities designed to meet
the special needs of, and to enhance the participation of, criminal
offenders who are serving in correctional institutions.
(Authority: Sec. 201(b); 20 U.S.C. 2331(b))
34 CFR 401.58 In what additional ways may funds under the Vocational
Education Opportunities Program be used?
(a) In addition to the services and activities authorized by 401.52
through 401.57, a State may use funds under the Vocational Education
Opportunities Program, in accordance with those sections, for --
(1) Basic skills instruction for vocational education students which
is related to their instructional program, if the State board determines
that the instruction is necessary to carry out the purposes of the
Vocational Education Opportunities Program;
(2) Vocational education through arrangements with private vocational
training institutions, private postsecondary educational institutions,
and employers if these institutions or employers --
(i)(A) Can make a significant contribution to obtaining the
objectives of the state plan; and
(B) Can provide substantially equivalent training at a lesser cost;
or
(ii) Can provide equipment or services not available in public
institutions; and
(3) Placement services for students who have successfully completed
vocational education programs.
(b) To the extent practicable, a State shall include work-site
programs, such as cooperative vocational education, work-study, and
apprenticeship programs, in the programs it supports with funds under
the Vocational Education Opportunities Program.
(Authority: Sec. 201 (h), (i); 20 U.S.C. 2331 (h), (i))
34 CFR 401.59 What is the Vocational Educational Improvement,
Innovation, and Expansion Program?
(a) A State shall use funds allotted under its basic State grant, and
reserved in accordance with 401.90(b)(2), to meet the needs identified
in the State plan to expand, improve, modernize or develop high quality
vocational education projects, services, or activities that will --
(1) Provide the Nation's existing and future workforce with
marketable skills;
(2) Improve productivity; and
(3) Promote economic growth.
(b)(1) Funds used under 401.60(a) may not be used to maintain
existing projects, services, or activities.
(2) Funds used under 401.60 (b) or (c) may be used to maintain
existing services or activities.
(c) For the purpose of paragraph (b)(1) of this section, any
vocational education project, service, or activity that was not provided
by the recipient during the instructional term that preceded funding
under this program may be considered a new, expanded, improved,
modernized, or developed project, service, or activity, and may be
considered so for up to three years.
(Authority: Secs. 2(1), 251(a); 20 U.S.C. 2301(1), 2341(a))
34 CFR 401.60 How may funds under the Vocational Education Improvement,
Innovation, and Expansion Program be used?
(a) A State may use funds under the Vocational Education Improvement,
Innovation, and Expansion Program to accomplish the purposes described
in 401.59, by supporting --
(1) The improvement of vocational education programs within the State
designed to improve the quality of vocational education, including
high-technology programs involving an industry-education partnership as
described in 401.78 and apprenticeship training programs;
(2) The expansion of vocational education activities necessary to
meet student needs and the introduction of new vocational education
programs, particularly in economically depressed urban and rural areas
of the State;
(3) The introduction of new vocational education programs,
particularly in economically depressed urban and rural areas;
(4) The creation or expansion of programs to train workers in skilled
occupations needed to revitalize businesses and industries or to promote
the entry of new businesses and industries into a State or community;
(5) Exemplary and innovative programs which stress new and emerging
technologies and which are designed to strengthen vocational education
services and activities;
(6) The improvement and expansion of postsecondary and adult
vocational education programs and related services for out-of-school
youth and adults, which may include upgrading the skills of --
(i) Employed workers;
(ii) Workers who are unemployed or threatened with unemployment as a
result of technological change or industrial dislocation;
(iii) Workers with limited English proficiency; and
(iv) Displaced homemakers and single heads of households;
(7) The improvement and expansion of career counseling and guidance
projects, services, or activities authorized by 401.76 and 401.105;
(8) The expansion and improvement of programs at area vocational
education schools;
(9) The conduct of special courses and teaching strategies designed
to teach the fundamental principles of mathematics and science through
practical applications which are an integral part of the student's
prevocational or vocational program;
(10) The activities of vocational student organizations that are
carried out as an integral part of the secondary and postsecondary
instructional program;
(11) Prevocational programs;
(12) Modern industrial arts programs and agricultural arts programs;
(13) The provision of vocational education through arrangements with
private vocational education institutions, private postsecondary
educational institutions, and employers if these institutions or
employers --
(i)(A) Can make a significant contribution to attaining the
objectives of the Act; and
(B) Can provide substantially equivalent preparation at a lesser
cost; or
(ii) Can provide equipment or services not available in public
institutions; and
(14) The improvement or expansion of any other vocational education
activities authorized under the Vocational Education Opportunities
Program that would accomplish the purposes described in 401.59.
(b) A State may also use funds to accomplish the purposes described
in 401.59, by supporting --
(1) Technical assistance and research;
(2) Programs relating to curriculum development in vocational
education within the State, including the application of basic skill
training;
(3) The assignment of personnel to work with employers and eligible
recipients in a region in order to coordinate efforts to ensure that
vocational programs are responsive to the labor market and supportive of
apprenticeship training programs;
(4) The acquisition of equipment and the renovation of facilities
necessary to improve or expand vocational education programs within the
State;
(5) The provision of stipends for students entering or already
enrolled in vocational education programs and who have acute economic
needs which cannot be met under work-study programs. The amount of a
stipend may be the larger of either the minimum wage prescribed by State
or local law, or the minimum hourly wage set under section 6(a)(1) of
the Fair Labor Standards Act of 1938, as amended;
(6) Placement services for students who have successfully completed
vocational education programs, including special services for
handicapped individuals and cooperative efforts with rehabilitation
programs;
(7) Day care services for children of students in secondary and
postsecondary vocational education programs;
(8) The construction of area vocational education school facilities
in areas having a demonstrated need for those facilities;
(9) The acquisition of high-technology equipment for vocational
education programs; and
(10) The acquisition and operation of communications and
telecommunications equipment for vocational education programs.
(c) A State shall use funds under this program for subgrants to
support inservice and preservice training designed to increase the
competence of vocational education teachers, counselors, and
administrators, with special emphasis on the integration of handicapped
and disadvantaged students in regular courses of vocational education.
(Authority: Sec. 251; 20 U.S.C. 2341)
(50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 401.61 How may a State distribute funds under the Vocational
Education Improvement, Innovation, and Expansion Program?
(a)(1) Subject to the requirements of 401.59 and 401.60, a State
may use funds under the Vocational Education Improvement, Innovation,
and Expansion Program in the manner best suited to carry out the
purposes of the Act as implemented through the State vocational
education program in that State.
(2) Any project assisted under the Vocational Education Improvement,
Innovation, and Expansion Program must be of sufficient size, scope, and
quality to give reasonable promise of meeting the vocational education
needs of students involved in the project.
(b) In addition to eligible recipients, a State may use funds under
the Vocational Education Improvement, Innovation, and Expansion Program
to make awards to community-based organizations of demonstrated
effectiveness --
(1) In areas of the State in which there is an absence of sufficient
vocational education facilities;
(2) In areas of the State in which the vocational education programs
do not adequately address the needs of disadvantaged students; or
(3) Wherever the community-based organization can better serve
disadvantaged students.
(Authority: Sec. 252; 20 U.S.C. 2342)
34 CFR 401.61 Subpart F -- What Kinds of Activities Does the Secretary Assist Under the Special Programs?
34 CFR 401.70 What are the Special Programs?
(a) The Special Programs authorized by Title III of the Act are the
--
(1) State Assistance for Vocational Education Support Programs by
Community-Based Organizations;
(2) Consumer and Homemaking Education Program;
(3) Adult Training, Retraining, and Employment Development Program;
(4) Comprehensive Career Guidance and Counseling Program; and
(5) Industry-Education Partnership for Training in High-Technology
Occupations Program.
(b) From the amount appropriated under section 3(b) of the Act for
each program in paragraph (a) of this section, the Secretary makes a
separate allotment to each State.
(Authority: Sec. 3(b), Title III; 20 U.S.C. 2302(b), 2351 et seq.)
34 CFR 401.71 What activities does the Secretary support under the
State Assistance for Vocational Education Support Programs by
Community-Based Organizations?
(a) The State shall provide, in accordance with its State plan, and
from its allotment for this program, financial assistance to joint
projects of eligible recipients and community-based organizations within
the State that provide the following special vocational education
services and activities:
(1) Outreach programs that facilitate the entrance of youth into a
program of transitional services and subsequent entrance into vocational
education, employment, or other education and training.
(2) Transitional services such as attitudinal and motivational
prevocational training programs.
(3) Prevocational educational preparation and basic skills
development, conducted in cooperation with business concerns.
(4) Special prevocational preparations programs targeted to
inner-city youth, non-English speaking youth, Appalachian youth, and the
youth of other urban and rural areas having a high density of poverty
who need special prevocational education programs.
(5) Career intern programs.
(6) The assessment of students' needs in relation to vocational
education and jobs.
(7) Guidance and counseling to assist students with occupational
choices and with the selection of a vocational education program.
(b) Handicapped individuals who are educationally or economically
disadvantaged may participate in projects under this program.
(Authority: Secs. 302, 521(5); 20 U.S.C. 2352, 2471(5))
34 CFR 401.72 What are the application requirements for the State
Assistance for Vocational Education Support Programs by Community-Based
Organizations?
(a) Each community-based organization and eligible recipient that
desire to participate in this program shall jointly prepare and submit
an application to the State board at the time and in the manner
established by the State board.
(b) The State board may also establish requirements relating to the
contents of the application, except that each application must contain
--
(1) An agreement among the community-based organization and the
eligible recipients in the area to be served, which includes the
designation of one or more fiscal agents for the project;
(2) A description of how the funds will be used, together with
evaluation criteria to be applied to the project;
(3) Assurances that the community-based organization will give
special consideration to the needs of severly economically and
educationally disadvantaged youth, ages sixteen through twenty-one,
inclusive;
(4) Assurances that business concerns will be involved, as
appropriate, in services and activities for which assistance is sought;
(5) A description of the efforts the community-based organization
will make to collaborate with the eligible recipients participating in
the joint project;
(6) A description of the manner in which the services and activities
for which assistance is sought will serve to enhance the enrollment of
severely economically and educationally disadvantaged youth into the
vocational education programs; and
(7) Assurances that the projects conducted by the community-based
organization will conform to the applicable standards of performance and
measures of effectiveness required of vocational education programs in
the State.
(Approved by the Office of Management and Budget under control number
1830-0030)
(Authority: Sec. 301; 20 U.S.C. 2351)
34 CFR 401.73 What activities does the Secretary support under the
Consumer and Homemaking Education Program?
(a) The State shall conduct, in accordance with its State plan, and
from its allotment for this program, consumer and homemaking education
projects that may include --
(1) Instructional projects, services, and activities that prepare
youth and adults for the occupation of homemaking;
(2) Instruction in the areas of --
(i) Food and nutrition;
(ii) Consumer education;
(iii) Family living and parenthood education;
(iv) Child development and guidance;
(v) Housing and home management, including resource management; and
(vi) Clothing and textiles.
(b) The State shall use the funds described in paragraph (a) of this
section to support projects, services, and activities --
(1) In economically depressed areas;
(2) That encourage the participation of traditionally underserved
populations;
(3) That encourage the elimination of sex bias and sex stereotyping;
(4) That improve, expand, and update consumer and homemaking
education programs, especially those that specifically address needs
described in paragraphs (b) (1), (2), and (3) of this section; and
(5) That address priorities and emerging concerns at the local,
State, and national levels.
(c) The State may use the funds described in paragraph (a) of this
section for --
(1) Program development and the improvement of instruction and
curricula relating to --
(i) Managing individual and family resources;
(ii) Making consumer choices;
(iii) Managing home and work responsibilities;
(iv) Improving responses to individual and family crises;
(v) Strengthening parenting skills;
(vi) Assisting aged and handicapped individuals;
(vii) Improving nutrition;
(viii) Conserving limited resources;
(ix) Understanding the impact of new technology on life and work;
(x) Applying consumer and homemaking education skills to jobs and
careers; and
(xi) Other needs as determined by the State; and
(2) Support services and activities designed to ensure the quality
and effectiveness of programs, including --
(i) The demonstration of innovative and exemplary projects;
(ii) Community outreach to underserved populations;
(iii) The application of academic skills (such as reading, writing,
mathematics, and science) through consumer and homemaking education
programs;
(iv) Curriculum development;
(v) Research;
(vi) Program evaluation;
(vii) The development of instructional materials;
(viii) Teacher education;
(ix) The upgrading of equipment;
(x) Teacher supervision; and
(xi) State leadership, including activities of student organizations;
and
(xii) State administration, subject to 401.102(c).
(Authority: Secs. 311, 312(a), (b); 20 U.S.C. 2361, 2362(a), (b))
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14,
1986)
34 CFR 401.74 What are the purposes of the Adult Training, Retraining,
and Employment Development Program?
The purposes of the Adult Training, Retraining, and Employment
Development Program are --
(a) To provide financial assistance to the States to enable them to
expand and improve vocational education programs designed to meet urgent
needs for training, retraining, and employment development of adults who
have completed or left high school and are preparing to enter or have
entered the labor market in order to equip adults with the competencies
and skills required for productive employment; and
(b) To ensure that those programs are relevant to the labor market
needs and accessible to all segments of the population, including women,
minorities, handicapped individuals, individuals with limited English
proficiency, workers fifty-five and older, and economically
disadvantaged individuals.
(Authority: Sec. 321(b); 20 U.S.C. 2371(b))
34 CFR 401.75 What activities does the Secretary support under the
Adult Training, Retraining, and Employment Development Program?
The State shall conduct, in accordance with its State plan, and from
its allotment for this program, the following adult training,
retraining, and employment development projects, services, and
activities:
(a) Vocational education and employment development projects,
services, and activities that are authorized under the basic State grant
and are designed to meet the needs of --
(1) Individuals who have graduated from or left high school and who
need additional vocational education for entry into the labor force;
(2) Unemployed individuals who require training to obtain employment
or increase their employability;
(3) Employed individuals who require retraining to retain their jobs,
or who need training to upgrade their skills to qualify for higher paid
or more dependable employment;
(4) Displaced homemakers and single heads of households who are
entering or re-entering the labor force;
(5) Employers who require assistance in training individuals for new
employment opportunities or in retraining employees in new skills
required by changes in technology, products, or processes; and
(6) Workers fifty-five and older.
(b) Short term retraining projects designed to upgrade or update
skills in accordance with changed work requirements.
(c) Education and training projects designed cooperatively with
employers, such as --
(1) Institutional and work-site programs, including apprenticeship
training programs (or combinations of these programs) especially
tailored --
(i) To the needs of an industry or group of industries for skilled
workers, technicians, or managers; or
(ii) To assist the existing work force or that industry or group of
industries to adjust to changes in technology or work requirements; and
(2) Quick-start, customized training --
(i) For workers in new and expanding industries; or
(ii) To place workers in jobs that are difficult to fill because of a
shortage of workers with the requisite skills.
(d) In order to serve more effectively the individuals described in
paragraph (a) of this section, build more effective linkages between --
(1) Vocational education programs and private sector employers,
through a variety of programs including programs in which secondary
school students are employed on a part-time basis as registered
apprentices, with a transition to full-time apprenticeships upon
graduation; and
(2) Eligible recipients and economic development agencies and other
public and private agencies providing job training and employment
services.
(e) Cooperative education programs, between public and private sector
employers and economic development agencies, including seminars in
institutional or work-site settings designed to improve management and
increase productivity.
(f) Entrepreneurship training programs that assist individuals in the
establishment, management, and operation of small business enterprises.
(g) Recruitment, job search assistance, counseling, remedial
services, and information and outreach programs designed to encourage
and assist males and females to take advantage of vocational education
programs and services, with particular attention to reaching women,
older workers, individuals with limited English proficiency, handicapped
individuals, and disadvantaged individuals.
(h) Curriculum development, acquisition of instructional equipment
and materials, personnel training, pilot projects, and additional,
related services and activities required to carry out effectively the
Adult Training, Retraining, and Employment Development Program.
(i) The costs of serving adults in other vocational education
programs, including paying the costs of instruction, or the costs of
keeping school facilities open longer.
(j) Related instruction for apprentices in apprenticeship training
programs as defined in 34 CFR 400.4(b).
(Authority: Sec. 322(b)(1); 20 U.S.C. 2372(b)(1))
34 CFR 401.76 What activities does the Secretary support under the
Comprehensive Career Guidance and Counseling Program?
(a) The State shall conduct, in accordance with its State plan and
from its allotment for this program, career guidance and counseling
projects, services, and activities that are --
(1) Organized and administered by certified counselors; and
(2) Designed to improve, expand, and extend career guidance and
counseling programs to meet the career development, vocational
education, and employment needs of vocational education students and
potential students.
(b) The purposes of the projects, services, and activities described
in paragraph (a) of this section must be to --
(1) Assist individuals to --
(i) Acquire self-assessment, career planning, career decisionmaking,
and employability skills;
(ii) Make the transition from education and training to work;
(iii) Maintain the marketability of their current job skills in
established occupations;
(iv) Develop new skills to move away from declining occupational
fields and enter new and emerging fields in high-technology areas and
fields experiencing skill shortages;
(v) Develop mid-career job search skills and to clarify career goals;
and
(vi) Obtain and use information on financial assistance for
postsecondary and vocational education and job training; and
(2)(i) Encourage the elimination of sex, age, handicapping
conditions, and race bias and stereotyping;
(ii) Provide for community outreach;
(iii) Enlist the collaboration of the family, the community,
business, industry, and labor; and
(iv) Be accessible to all segments of the population, including
women, minorities, handicapped individuals, and the economically
disadvantaged.
(c) The projects, services, and activities described in paragraph (a)
of this section must consist of --
(1) Instructional activities and other services at all educational
levels to help students develop the skills described in paragraph (b)(1)
of this section;
(2) Services and activities designed to ensure the quality and
effectiveness of career guidance and conseling projects, such as --
(i) Counselor education, including the education of counselors
working with individuals with limited English proficiency;
(ii) Training support personnel;
(iii) Curriculum development;
(iv) Research and demonstration projects;
(v) Experimental projects;
(vi) The development of instructional materials;
(vii) The acquisition of equipment;
(viii) State and local leadership; and
(ix) State and local administration, including supervision, subject
to 401.93(b) and 401.105(c);
(3) Projects that provide opportunities for counselors to obtain
firsthand experience in business and industry; and
(4) Projects that provide students with an opportunity to become
acquainted with business, industry, the labor market, and training
opportunities, including secondary educational programs that --
(i) Have at least one characteristic of an apprenticeable occupation
as recognized by the Department of Labor or the State Apprenticeship
Agency, in accordance with the National Apprenticeship Act;
(ii) Are conducted in concert with local business, industry, labor,
and other appropriate apprenticeship training entities; and
(iii) Are designed to prepare participants for an apprenticeable
occupation or provide information concerning apprenticeable occupations
and their prerequisites.
(Authority: Sec. 332 (a), (b); 20 U.S.C. 2382 (a), (b))
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25493, July 14,
1986)
34 CFR 401.77 What are the purposes of the Industry-Education
Partnership for Training in High-Technology Occupations Program?
The purposes of the Industry-Education Partnership for Training in
High-Technology Occupations Program are to --
(a) Provide incentives for business and industry and the vocational
education community to develop programs to train the skilled workers
needed to produce, install, operate, and maintain high-technology
equipment, systems, and processes; and
(b) Ensure that those programs are relevant to the labor market and
accessible to all segments of the population, including women,
minorities, handicapped individuals, and economically disadvantaged
individuals.
(Authority: Sec. 341(b); 20 U.S.C. 2391(b))
34 CFR 401.78 What activities does the Secretary support under the
Industry-Education Partnership for Training in High-Technology
Occupations Program?
The State shall, in accordance with the State plan, under 401.19(a)
(20) through (22), and from its allotment for this program, establish
and operate projects, services, and activities including --
(a) Necessary administrative costs of the State board and of eligible
recipients associated with the establishment and operation of projects;
(b) Training and retraining of instructional and guidance personnel;
(c) Curriculum development and the development or acquisition of
instructional and guidance equipment and materials;
(d) The acquisition and operation of communications,
telecommunications, and other high-technology equipment; and
(e) Other activities authorized under the Special Programs that are
essential to the successful establishment and operation of projects,
services and activities under the Industry-Education Partnership for
Training in High-Technology Occupations Program, including activities
and related services to ensure access of women, minorities, handicapped
individuals, and economically disadvantaged individuals.
(Authority: Sec. 343(a); 20 U.S.C. 2393(a))
34 CFR 401.79 What are the special considerations under the
Industry-Education Partnership for Training in High-Technology
Occupations Programs?
The State board, in approving projects, services, and activities
under the Industry-Education Partnership for Training in High-Technology
Occupations Program, shall give special consideration to the following:
(a) The level and degree of business and industry participation in
the development and operation of the project.
(b) The current and projected demand within the State or relevant
labor market area for workers with the level and type of skills the
project is designed to produce.
(c) The overall quality of the proposal, with particular emphasis on
the probability that prospective trainees will successfully complete the
program and the capability of the eligible recipient, with assistance
from participating business or industry, to provide high quality
training for skilled workers and technicians in high technology.
(d) The commitment to serve all segments of the population, including
women, minorities, handicapped individuals, and economically
disadvantaged individuals, as demonstrated by the applicant's special
efforts to provide outreach, information, and counseling, and by the
provision of remedial instruction and other assistance.
(Authority: Sec. 343(b); 20 U.S.C. 2393(b))
(50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 401.80 What additional fiscal requirements apply to the
Industry-Education Partnership for Training in High-Technology
Occupations Programs?
(a)(1) The business and industrial share of the costs required by
401.19(a)(21) may be in the form of either expenditures or the fair
market value of in-kind contributions such as facilities, overhead,
personnel, and equipment.
(2) The State shall use equal amounts from its allotment under this
program and from its basic State grant allotment to provide the Federal
share of the cost of projects services and activities under this
program.
(3) If an eligible recipient demonstrates, to the satisfaction of the
State board, that it is incapable of providing all or a part of the
non-Federal portion of the costs of projects, services, and activities
under this program, as required by 401.19(a) (20) through (22) and
401.78, the State board may use funds under the Vocational Education
Improvement, Innovation, and Expansion Program, authorized by 401.59,
or funds available from State sources, to replace the shortfall in the
non-Federal portion.
(b) A State may use no more than a total of ten percent of its
allotment under this program for the first year this program is
implemented, and a total of five percent of its allotment for each
succeeding year, for the administration of this program by both the
State and eligible recipients.
(Authority: Secs. 342(c), 343(c); 20 U.S.C. 2392(c), 2393(c))
34 CFR 401.80 Subpart G -- What Conditions Must the State Meet Under the State Vocational Education Program?
34 CFR 401.90 How does a State reserve funds under the basic State
grant?
From its allotment under the basic State grant program, authorized by
Title II of the Act, a State shall reserve --
(a) The amount of funds for State administration described in
401.91; and
(b) From the remainder --
(1) Fifty-seven percent for the Vocational Education Opportunities
Program; and
(2) Forty-three percent for the Vocational Education Improvement,
Innovation, and Expansion Program.
(Authority: Sec. 102(a); 20 U.S.C. 2312(a))
34 CFR 401.91 How does a State reserve funds under the basic State
grant for State administration?
(a) A State shall reserve no more than seven percent of its
allotment, subject to paragraph (b) of this section, under the basic
State grant program for State administration of the State plan.
(b)(1) From the amount reserved for State administration under
paragraph (a) of this section, a State shall reserve the amount it needs
to comply with 401.13, but not less than $60,000.
(2) If the amount reserved under paragraph (b)(1) of this section
exceeds one percent of the State's allotment under the basic State grant
program, a State may reserve from that allotment an additional amount
for State administration which is in excess of the seven percent
permitted under paragraph (a) of this section and which equals the
amount of that excess.
(c) For the purpose of 401.19(a)(4), regarding the requirement that
a State distribute at least eighty percent of its total basic State
grant allotment to eligible recipients, a State shall consider the funds
for State administration under paragraphs (a) and (b) of this section as
part of the State's portion (the portion that may not exceed twenty
percent) of the State's allotment.
Example: The allotment of State X under the basic State grant
program is $20,000,000. State X determines that $220,000 is needed for
it to comply with 401.13. State X is authorized to reserve seven
percent of its basic State grant allotment, or $1,400,000, for State
administration. However, because the amount needed to comply with
401.13 exceeds one percent of its allotment by $20,000, State X may
reserve an additional $20,000 for State administration. (For example,
this additional $20,000 may be taken from the funds otherwise reserved
for the Vocational Education Improvement, Innovation, and Expansion
Program.) Therefore, the total amount available for State administration
is $1,420,000. Assuming the State reserves twenty percent of its
allotment for State-wide activities under 401.19(a)(4), or $4,000,000,
the State must count the $1,420,000 for State administration against
that $4,000,000.
(Authority: Secs. 102(b), 113(b)(4), 251(a)(16); 20 U.S.C.
2312(b), 2323(b)(4), 2341(a)(16))
(50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 401.92 How does a State reserve funds under the Vocational
Education Opportunities Program?
From the amount reserved for the Vocational Education Opportunities
Program under 401.90(b)(1), a State shall reserve the following amounts
--
(a) Ten percent of the total amount described in 401.90(b) for
handicapped individuals;
(b) Twenty-two percent of the total amount described in 401.90(b)
for disadvantaged individuals;
(c) Twelve percent of the total amount described in 401.90(b) for
adults who are in need of training and retraining;
(d) Eight and one-half percent of the total amount described in
401.90(b) for individuals who are single parents, homemakers, or single
pregnant women;
(e) Three and one-half percent of the total amount described in
401.90(b) for individuals who are participants in programs designed to
eliminate sex bias and stereotyping in vocational education; and
(f) One percent of the total amount described in 401.90(b) for
criminal offenders who are in correctional institutions.
Example: Assuming the same facts in the example under 401.91, State
X has available for programs $18,580,000 under the basic State grant
after reserving $1,420,000 for State administration. Of this
$18,580,000, $7,989,400 ($18,580,000 43%) is reserved for the Vocational
Education Improvement, Innovation, and Expansion Program and $10,590,600
($18,580,000 57%) for the Vocational Education Opportunities Program.
Under the latter program, $1,858,000 ($18,580,000 10%) is reserved for
handicapped individuals; $4,087,600 ($18,580,000 22%) is reserved for
disadvantaged individuals; $2,229,600 ($18,580,000 12%) is reserved for
adults who are in need of training and retraining; $1,579,300
($18,580,000 8.5%) is reserved for individuals who are single parents,
homemakers, or single pregnant women; $650,300 ($18,580,000 3.5%) is
reserved for individuals who are participating in programs designed to
eliminate sex bias and sex stereotyping in vocational education; and
$185,800 ($18,580,000 1%) is reserved for criminal offenders who are in
correctional institutions.
(Authority: 20 U.S.C. 2331, 2332)
(50 FR 33235, Aug. 16, 1985, as amended at 53 FR 35259, Sept. 12,
1988)
34 CFR 401.93 What are the administrative cost requirements under the
State Vocational Education Program?
(a) Basic State grant. To administer --
(1) Its State plan, including Special Programs, a State shall use the
amount reserved under 401.91; and
(2) Its projects, services, and activities under the basic State
grant, an eligible recipient may use no more than the amount of funds
from each award that is necessary and reasonable for the proper and
efficient administration of the projects, services, and activities for
which the award is made.
(b) Special Programs. To administer --
(1) Each of the Special Programs under its State plan (other than the
Consumer and Homemaking Education Program, the Comprehensive Career
Guidance and Counseling Program, and the Industry-Education Partnership
for Training in High-Technology Occupations Program) a State may use, in
addition to funds reserved under 401.91, no more than the amount of
funds from its allotment for each program that is necessary and
reasonable for the proper and efficient State administration of that
program; and
(2) Its projects, services, and activities supported by an award
under one of the Special Programs, other than the Industry-Education
Partnership for Training in High-Technology Occupations Program, an
eligible recipient may use no more than the amount of funds that is
necessary and reasonable for the proper and efficient administration of
the projects, services, and activities for which the award is made.
(Authority: Sec. 102(b), Title II, Title III, Sec. 502(a)(1), (2);
20 U.S.C. 2312(b), 2331-2342, 2351-2393, 2462(a)(1), (2))
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25494, July 14,
1986)
34 CFR 401.94 What are the cost-sharing requirements under the State
Vocational Education Program?
(a) The Secretary pays no more than the Federal share of costs under
the State Vocational Education Program for each fiscal year.
(b) For the purpose of paragraph (a) of this section --
(1) Under the basic State grant, the Federal share of the cost of --
(i) State administration, except under paragraph (b)(4) of this
section, is fifty percent;
(ii) The administration of projects, services, and activities by an
eligible recipient, is fifty percent;
(iii) Projects, services, and activities for handicapped individuals,
disadvantaged individuals, and adults who are in need of training and
retraining under the Vocational Education Opportunities Program, is
fifty percent;
(iv) Projects, services, and activities for individuals who are
single parents, homemakers, or single pregnant women, individuals who
are participants in programs designed to eliminate sex bias and
stereotyping in vocational education, and criminal offenders who are in
correctional institutions under the Vocational Education Opportunities
Program, is one hundred percent; and
(v) Projects, services, and activities under the Vocational Education
Improvement, Innovation, and Expansion Program, is fifty percent;
(2) Under the Special Programs, the Federal share of the cost of --
(i) State administration, is fifty percent;
(ii) The administration of projects, services, and activities by an
eligible recipient, is fifty percent; and
(iii) Projects, services, and activities, unless otherwise indicated
in the regulations in this part, is one hundred percent;
(3) The Federal share of the cost of the State council on vocational
education is one hundred percent; and
(4) The Federal share of the cost of complying with 401.13 of this
part is one hundred percent.
(c) Unless otherwise provided by the regulations in this part, a
State or eligible recipient may not use the value of in-kind
contributions to satisfy a cost-sharing requirement under the State
Vocational Education Program.
Example: Assuming the same facts in the example under 401.91, the
Secretary pays one hundred percent of the $220,000 the State needs to
comply with 401.13. The State would be required to match,
dollar-for-dollar, the remaining $1,200,000 ($1,420,000 minus $220,000)
for State administration of the basic State grant portion of the State
plan.
(Authority: 20 U.S.C. 2331, 2462(a); House Report No. 98-1129, 98th
Cong., 2d Sess. 98 (1984))
(50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985; 53 FR
35259, Sept. 12, 1988)
34 CFR 401.95 How does a State allocate funds for handicapped
individuals under the Vocational Education Opportunities Program?
A State shall allocate funds reserved for handicapped individuals in
accordance with 401.92(a) to participating eligible recipients
according to the following formula:
(a) Fifty percent of the amount reserved must be allocated to
participating eligible recipients on the basis of the relative number of
economically disadvantaged individuals enrolled in those eligible
recipients in the program year preceding the program year in which the
allocation is made, compared to the total number of those individuals
enrolled in all of those eligible recipients within the State in that
preceding program year.
(b) Fifty percent of the amount reserved must be allocated to
participating eligible recipients on the basis of the relative number of
handicapped students served in vocational education programs by those
eligible recipients in the program year preceding the program year in
which the allocation is made, compared to the total number of those
individuals served in vocational education programs by all of those
eligible recipients within the State in that preceding program year.
Example: Assume that eligible recipient X enrolls 100 economically
disadvantaged individuals and serves in its vocational education program
50 handicapped individuals. Assume further that among all participating
eligible recipients, there are 1000 of those persons enrolled and 400 of
those individuals are served, respectively. In the succeeding program
year, eligible recipient X is eligible to receive under the Vocational
Education Opportunities Program an amount for handicapped individuals
equal to 1/10 (or 100 economically disadvantaged individuals enrolled by
eligible recipient X/1000 economically disadvantaged individuals
enrolled in the State) of 1/2 of the amount reserved for such
individuals under 401.92(a) and 1/8 (or 50 handicapped individuals
served by eligible recipient X/400 handicapped individuals served in the
State) of 1/2 of the same amount.
(Authority: Sec. 203(a)(1); 20 U.S.C. 2333(a)(1))
34 CFR 401.96 How does a State allocate funds for disadvantaged
individuals under the Vocational Education Opportunities Program?
(a) A State shall allocate funds reserved for disadvantaged
individuals in accordance with 401.92(b) to participating eligible
recipients according to the following formula:
(1) Fifty percent of the amount reserved must be allocated to
participating eligible recipients on the basis of the relative number of
economically disadvantaged individuals enrolled in those eligible
recipients in the program year preceding the program year in which the
allocation is made, compared to the total number of those individuals
enrolled in all of those eligible recipients within the State in that
preceding program year.
(2) Fifty percent of the amount reserved must be allocated to
participating eligible recipients on the basis of the relative number of
disadvantaged individuals and individuals with limited English
proficiency served in vocational education programs by those eligible
recipients in the program year preceding the program year in which the
allocation is made, compared to the total number of those individuals
served in vocational education programs by all of those eligible
recipients within the State in that preceding program year.
(b) A State shall ensure that funds allocated among participating
eligible recipients under paragraph (a) of this section are used by each
participating eligible recipient to provide vocational education
services and activities for individuals with limited English proficiency
at least in proportion to the number of individuals with limited English
proficiency enrolled in vocational education in that eligible recipient
in the program year preceding the program year in which the
determination is made, compared to the total number of disadvantaged
individuals, including individuals with limited English proficiency, so
enrolled in the preceding program year.
Example: Assume that eligible recipient X enrolls 100 economically
disadvantaged individuals and serves in its vocational education program
50 disadvantaged and limited English proficient individuals. Assume
further that among all participating eligible recipients, there are 1000
of those persons enrolled and 400 of those individuals served,
respectively. In the succeeding program year, eligible recipient X is
eligible to receive under the Vocational Education Opportunities Program
an amount for disadvantaged individuals equal to 1/10 (or 100
economically disadvantaged individuals enrolled in eligible recipient
X/1000 economically disadvantaged individuals enrolled in the State) of
1/2 of the amount reserved for those individuals under 401.92(b) and
1/2 (or 50 disadvantaged and limited English proficient individuals
served by eligible recipient X/400 disadvantaged and limited English
proficient individuals served in the State) of 1/2 of that same amount.
In addition to the assumptions made in the preceding paragraph,
assume further that eligible recipient X enrolls 25 individuals with
limited English proficiency in its vocational education program. In the
succeeding program year, if eligible recipient X receives an award of
$1,000 for disadvantaged individuals under the Vocational Education
Opportunities Program, eligible recipient X must use $500 (or 25
individuals with limited English proficiency enrolled in eligible
recipient X/50 disadvantaged and limited English proficient individuals
enrolled in eligible recipient X times $1,000) for individuals with
limited English proficiency.
(Authority: Sec. 203(a)(2), (3); 20 U.S.C. 2333(a)(2), (3))
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25494, July 14,
1986)
34 CFR 401.97 How does a State match funds for handicapped individuals
and disadvantaged individuals under the Vocational Education
Opportunities Program?
(a) A State shall provide the non-Federal share of the cost of
projects, services, and activities for handicapped individuals and for
disadvantaged individuals under the Vocational Education Opportunities
Program equitably from State and local sources, except that the State
shall provide the non-Federal share of the cost from State sources if
the State board determines that an eligible recipient cannot reasonably
be expected to provide for these costs from local sources.
(b) Contributions from local sources towards the non-Federal share of
the costs of projects, services, and activities for disadvantaged
individuals under the Vocational Education Opportunities Program must be
in cash or, to the extent the eligible recipient determines that it
cannot otherwise provide the contribution, in the form of in-kind
contributions, fairly valued, including facilities, overhead, personnel,
equipment, and services.
(Authority: Sec. 502(b): 20 U.S.C. 2462(b))
(51 FR 25494, July 14, 1986)
34 CFR 401.98 How does an eligible recipient use community-based
organizations under the Vocational Education Opportunities Program?
Each local educational agency or other eligible recipient shall, to
the extent feasible, use community-based organizations of demonstrated
effectiveness to carry out projects, services, and activities under the
Vocational Education Opportunities Program in areas of the State in
which --
(a) There is an absence of sufficient vocational education
facilities;
(b) Vocational education programs do not adequately address the needs
of disadvantaged students; or
(c) The eligible recipient determines that the community-based
organization can better serve disadvantaged students.
(Authority: Sec. 203(a)(4); 20 U.S.C. 2333(a)(4))
34 CFR 401.99 What kinds of joint projects are authorized under the
Vocational Education Opportunities Program?
(a) A State board may encourage any eligible recipient within the
State that is eligible under the regulations in this part, or under the
State plan, to receive an award of no more than $1,000 for any program
year under the Vocational Education Opportunities Program, to operate
its project, services, or activities jointly with another eligible
recipient.
(b) Each local educational agency may use funds allocated under
401.95 for joint projects with one or more other local educational
agencies.
(Authority: Sec. 203 (a)(5), (b); 20 U.S.C. 2333 (a)(5), (b))
34 CFR 401.100 How does a State distribute funds not reserved for
handicapped or disadvantaged individuals under the Vocational Education
Opportunities Program?
The State board shall establish the State's criteria for distributing
funds under the Vocational Education Opportunities Program (other than
those funds reserved for handicapped or disadvantaged individuals under
401.92 (a) and (b)) to eligible recipients and, under 401.55(c), to
community-based organizations. The State's criteria must be designed to
accomplish the purposes of the Vocational Education Opportunities
Program.
(Authority: Sec. 203(c); 20 U.S.C. 2333(c))
34 CFR 401.101 What are the ''equal access'' provisions that apply to
handicapped individuals and disadvantaged individuals under the
Vocational Education Opportunities Program?
(a) Each local educational agency that receives an allocation of
funds under 401.95 and 401.96 shall use those funds to provide
information to handicapped and disadvantaged students and their parents
concerning the opportunities available in vocational education and the
requirements for eligibility for enrollment in vocational education
programs, at least one year before the students enter the grade level in
which vocational education programs are first generally available in the
State, but in no case later than the beginning of the ninth grade.
(b)(1) Each local educational agency described in paragraph (a) of
this section shall provide to each handicapped or disadvantaged student
that enrolls in a vocational education program --
(i) An assessment of the interests, abilities, and special needs of
that student with respect to completing successfully the vocational
education program;
(ii) Special services, including adaptation of curriculum,
instruction, equipment, and facilities, designed to meet the needs
established under paragraph (b)(1)(i) of this section;
(iii) Guidance, counseling, and career development activities
conducted by professionally trained counselors who are associated with
the provision of those special services; and
(iv) Counseling services designed to facilitate the transition from
school to post-school employment and career opportunities.
(2) Consistent with the regulations in this part, a local educational
agency may use the funds described in paragraph (a) of this section to
pay for the cost of services and activities required by paragraph (b)(1)
of this section.
(Authority: Sec. 204 (b), (c); 20 U.S.C. 2334 (b), (c))
34 CFR 401.102 How must funds be used under the Consumer and Homemaking
Education Program?
(a) A State shall use not less than one-third of its allotment under
the Consumer and Homemaking Education Program in economically depressed
areas or areas with high rates of unemployment for projects, services,
and activities designed to assist consumers, and to help improve home
environments and the quality of family life.
(b)(1) The State board shall ensure that the experience and
information gained through carrying out projects, services, and
activities under this program are shared with program administrators for
the purpose of program planning.
(2) The State board shall use funds from its allotment under this
program to provide State leadership that is qualified by experience and
preparation in home economics education.
(c) A State may use, in addition to funds reserved under 401.91, not
more than six percent of its allotment under this program for State
administration of projects, services, and activities under this program.
(Authority: Secs. 312(c), 313; 20 U.S.C. 2362(c), 2363)
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25494, July 14,
1986)
34 CFR 401.103 How must a State use funds under the Adult Training,
Retraining, and Employment Development Program?
(a) In making a grant to a State, the Secretary informs the State
what percentage of its allotment under the Adult Training, Retraining,
and Employment Development Program must be used for projects, services,
and activities under that program for individuals who are single parents
or homemakers.
(b) The full-time person required by 401.13 may administer the
projects, services, and activities supported with the funds described in
paragraph (a) of this section.
(Authority: Secs. 3(b)(3)(B), 111(b); 20 U.S.C. 2302(b)(3)(B),
2321(b))
34 CFR 401.104 How must a State coordinate programs under the Adult
Training, Retraining, and Employment Development Program?
(a) The State board shall consult with the State job training
coordinating council established under the JTPA so that the council
takes account of projects under the Adult Training, Retraining, and
Employment Development Program when it formulates recommendations to the
Governor, for the Governor's coordination and special services plan
required by section 121 of the JTPA.
(b) In order to achieve the most effective use of all Federal funds
through programs that complement and supplement each other, and, to the
extent feasible, provide an ongoing and integrated program of training
and services for workers in need of that assistance, the State board
shall adopt the procedures it considers necessary to encourage
coordination between eligible recipients receiving funds under the Adult
Training, Retraining, and Employment Development Program and the
appropriate administrative entity established under the JTPA, in
conducting their respective programs.
(Authority: Sec. 323(b); 20 U.S.C. 2373(b))
34 CFR 401.105 How must funds be used under the Comprehensive Career
Guidance and Counseling Program?
(a) A State shall use not less than twenty percent of its allotment
under the Career Guidance and Counseling Program for projects, services,
and activities designed to eliminate sex, age, and race bias and
stereotyping under 401.76(b)(2)(i) to ensure that projects, services,
and activities under this program are accessible to all segments of the
population, including women, disadvantaged individuals, handicapped
individuals, individuals with limited English proficiency, and
minorities.
(b)(1) The State board shall ensure that the experience and
information gained through carrying out projects, services, and
activities under this program are shared with program administrators for
the purpose of program planning.
(2) The State board shall use funds from its allotment under this
program to provide State leadership that is qualified by experience and
knowledge in guidance and counseling.
(c) A State may use, in addition to funds reserved under 401.91, not
more than six percent of its allotment under this program for State
administration of projects services, and activities under this program.
(Authority: Secs. 332(c), 333; 20 U.S.C. 2382(c), 2383)
(50 FR 33235, Aug. 16, 1985, as amended at 51 FR 25494, July 14,
1986)
34 CFR 401.105 Subpart H -- What are the Administrative Responsibilities of a State Under the State Vocational Education Program?
34 CFR 401.110 What are a State's responsibilities regarding the
Vocational Education Data System?
A State that receives funds under the Act shall cooperate with the
Secretary in supplying the information the Secretary requires, in the
form the Secretary requires, and shall comply in its reports with the
Vocational Education Data System developed by the Secretary under
section 421 of the Act.
(Authority: Sec. 421(b)(2); 20 U.S.C. 2421(b))
34 CFR 401.111 What are a State's responsibilities regarding a State
occupational information coordinating committee?
(a) A State that receives funds under the Act shall establish a State
occupational information coordinating committee composed of
representatives of the State board, the State employment security
agency, the State economic development agency, the State job training
coordinating council, and the agency administering the vocational
rehabilitation program.
(b) With funds made available to it by the National Occupational
Information Coordinating Committee, the State occupational information
coordinating committee shall --
(1) Implement an occupational information system in the State which
will meet the common needs for the planning and operation of programs of
the State board assisted under the Act and the programs of the
administering agencies under the JTPA; and
(2) Use the occupational information system to implement a career
information delivery system.
(Authority: Sec. 422(b); 20 U.S.C. 2422(b))
34 CFR 401.112 What are a State's audit responsibilities under the Act?
A State shall obtain financial and compliance audits of any funds
which it receives under the Act, and shall make these audits public
within the State on a timely basis. Each State shall comply with the
audit requirements of the Single Audit Act of 1984 with respect to any
of its fiscal years that begin after December 31, 1984.
(Approved by the Office of Management and Budget under control number
1830-0030)
(Authority: Sec. 505; 20 U.S.C. 2465; 31 U.S.C. 7501 et seq.)
34 CFR 401.113 What are a State's responsibilities to the National
Center for Research in Vocational Education?
A State shall forward to the National Center for Research in
Vocational Education a copy of an abstract for each new research,
curriculum development, or personnel development project it supports,
and the final report on each project.
(Approved by the Office of Management and Budget under control number
1830-0011)
(Authority: Sec. 404(b)(6); 20 U.S.C. 2404(b)(6))
34 CFR 401.113 Subpart I -- What are the Enforcement Procedures Under the State Vocational Education Program?
34 CFR 401.120 What enforcement procedures may the Secretary use?
(a) In addition to using the enforcement procedures authorized by
Part E of the General Education Provisions Act, the Secretary may
withhold funds under the State Vocational Education Program in
accordance with the provisions of section 504 of the Act. Hearings
under section 504 of the Act are conducted by the Education Appeal
Board.
(b)(1) The Secretary conducts any hearings held under section 453 of
the General Education Provisions Act in connection with funds under the
State Vocational Education Program in the State of the affected unit of
local government or geographic area within the State.
(2) For the purposes of paragraph (b)(1) of this section --
(i) ''Unit of local government'' means a county, municipality, town,
township, village, or other unit of general government below the State
level; and
(ii) ''Geographic area within a State'' means a special purpose
district or other region recognized for governmental purposes within
that State which is not a unit of local government.
(Authority: Sec. 504 (a), (b), (d); 20 U.S.C. 1234, 2464 (a), (b),
(d))
34 CFR 401.121 How under the Act may an eligible recipient appeal a
final action of a State board?
In accordance with the provisions of section 504(c) of the Act, an
eligible recipient that is dissatisfied with the final action of the
State board, or other appropriate State administering agency, with
respect to the approval of its local application, may file a petition
for the review of that action with the United States Court of Appeals
for the circuit in which the State is located.
34 CFR 401.121 Pt. 407
34 CFR 401.121 PART 407 -- BILINGUAL VOCATIONAL TRAINING PROGRAM
34 CFR 401.121 Subpart A -- General
Sec.
407.1 What is the Bilingual Vocational Training Program?
407.2 Who is eligible to apply for assistance under this program?
407.3 What regulations apply to this program?
407.4 What definitions apply to this program?
34 CFR 401.121 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
407.10 What types of projects may be funded?
34 CFR 401.121 Subpart C -- How Does One Apply for a Grant?
407.20 What must an applicant include?
34 CFR 401.121 Subpart D -- How Does the Secretary Make a Grant?
407.30 How does the Secretary evaluate an application?
407.31 What selection criteria does the Secretary use?
407.32 How does the Secretary select an application for funding?
Authority: Sec. 441(a) of the Carl D. Perkins Vocational Education
Act, 20 U.S.C. 2441(a), as enacted by Pub. L. 98-524, unless otherwise
noted.
Source: 50 FR 33251, Aug. 16, 1985, unless otherwise noted.
34 CFR 401.121 Subpart A -- General
34 CFR 407.1 What is the Bilingual Vocational Training Program?
The Bilingual Vocational Training Program provides financial
assistance for bilingual vocational education and training for
individuals with limited English proficiency to prepare these
individuals for jobs in recognized occupations and new and emerging
occupations.
(Authority: Sec. 441(a)(1); 20 U.S.C. 2441(a)(1))
34 CFR 407.2 Who is eligible to apply for assistance under this
program?
(a) The following are eligible for grants, contracts, or cooperative
agreements under this program:
(1) State agencies.
(2) Local educational agencies (LEAs).
(3) Postsecondary educational institutions.
(4) Private nonprofit vocational training institutions.
(5) Other nonprofit organizations specially created to serve
individuals who normally use a language other than English.
(b) Private for-profit agencies and organizations are eligible for
contracts under this program.
(Authority: Sec. 441(a); 20 U.S.C. 2441(a))
34 CFR 407.3 What regulations apply to this program?
The following regulations apply to the Bilingual Vocational Training
Program:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: Sec. 441(a); 20 U.S.C. 2441(a))
34 CFR 407.4 What definitions apply to this program?
The definitions in 34 CFR 400.4 apply to this program.
(Authority: Sec. 441(a); 20 U.S.C. 2441(a))
34 CFR 407.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 407.10 What types of projects may be funded?
(a) The Secretary provides assistance through grants, contracts, or
cooperative agreements for --
(1) Bilingual vocational training projects for individuals who have
completed or left elementary or secondary school and who are available
for education in a postsecondary educational institution;
(2) Bilingual vocational education and training projects for
individuals who have already entered the labor market and who desire or
need training or retraining to achieve year-round employment, adjust to
changing manpower needs, expand their range of skills, or advance in
employment; and
(3) Training allowances for participants in bilingual vocational
training projects.
(b) Bilingual vocational training projects must include instruction
in the English language to ensure that participants in that training
will be equipped to pursue occupations in an English language
environment.
(c) In the Commonwealth of Puerto Rico, the Bilingual Vocational
Training Program may provide for the needs of students of limited
Spanish proficiency.
(Authority: Sec. 441(a), (e)(2); 20 U.S.C. 2441(a), (e)(2))
34 CFR 407.10 Subpart C -- How Does One Apply for a Grant?
34 CFR 407.20 What must an application include?
(a) An application must --
(1) Provide that the activities and services for which assistance is
sought will be administered by or under the supervision of the
applicant;
(2) Describe a project of a size, scope, and design that will make a
substantial contribution toward carrying out the purpose of this
program; and
(3) Be submitted to the State board or agency designated or
established under section 111 of the Act for review and comment,
including comment on the relationship of the proposed project to the
State's vocational education program.
(b) An applicant shall include any comments received under paragraph
(a)(3) of this section with the application.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 441(d) (1), (2); 20 U.S.C. 2441(d) (1), (2))
34 CFR 407.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 407.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant or cooperative
agreement on the basis of the criteria in 407.31.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 407.31.
(c) Subject to paragraph (d) of this section, the maximum possible
points for each criterion is indicated in parentheses after the heading
for each criterion.
(d) For each competition, as announced in a notice published in the
Federal Register, the Secretary may assign the reserved 15 points among
the criteria in 407.31.
(e) Prior to making an award, the Secretary consults with the State
board designated or established under section 111 of the Act to ensure
an equitable distribution of assistance among populations of individuals
with limited English proficiency within the State.
(Authority: Sec. 441(a), (d)(5); 20 U.S.C. 2441(a), (d)(5))
34 CFR 407.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Need. (20 points)
(1) The Secretary reviews each application for specific information
that shows the need for the proposed training in the local geographic
area.
(2) The Secretary looks for information that shows --
(i) The need for the proposed project, including --
(A) The employment need to be met;
(B) How that employment need will be met; and
(C) Where appropriate, ongoing and planned activities in the
community that pertain to that employment need; and
(ii) The relationship of the project to any appropriate economic
development plan.
(b) Plan of operation. (10 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(c) Program factors. (10 points)
(1) The Secretary reviews each application for information that shows
the applicant's understanding of key program factors.
(2) The Secretary looks for information that shows --
(i) An understanding of the key methodologies and techniques used in
bilingual vocational training such as --
(A) Providing training and instruction in English and the native
languages of the trainees;
(B) Providing job-related English-as-a-second language instruction;
(C) Coordinating job-related English-as-a-second language instruction
with the occupational training; or
(D) Providing training and guidence to prepare trainees for working
in an English language environment;
(ii) Procedures for recruiting persons with limited English
proficiency who are in the greatest need for bilingual vocational
training;
(iii) Procedures for evaluating the skills and needs of trainees;
(iv) An understanding of the importance of appropriate counseling and
follow-up activities with former trainees;
(v) That the training will provide opportunities for employment in
jobs that have potential for career advancement or opportunities for
entrepreneurship; and
(vi) That the project will be coordinated with the State board or
agency designated or established under section III of the Act.
(d) Quality of key personnel. (10 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (d)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(e) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows-
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(f) Evaluation plan. (5 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
Cross-Reference: See 34 CFR 75.590 (Evaluation by the grantee).
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(g) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(h) Private sector involvement. (5 points)
(1) The Secretary reviews each application for information that shows
the involvement of the private sector.
(2) The Secretary looks for information that shows --
(i) Private sector involvement in the planning of the project; and
(ii) Private sector involvement in the operation of the project.
(i) Employment opportunities. (10 points)
The Secretary looks for information and documentation of the extent
to which, upon the completion of their training under this program, more
than 65 percent of the trainees will be employed in jobs (including
military specialties) related to their training, or will be pursuing
additional training related to their training under this program.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 441(a); 20 U.S.C. 2441(a))
(50 FR 33251, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 407.32 How does the Secretary select an application for funding?
(a) After evaluating the applications according to the criteria
contained in 407.31, and consulting with the appropriate State board
under 407.30(e), the Secretary determines whether the most highly rated
applications are equitably distributed among populations of individuals
with limited English proficiency within the affected State.
(b) The Secretary may select other applications for funding if doing
so would improve the equitable distribution of projects under this
program within the affected State.
(Authority: Sec. 441(d)(5); 20 U.S.C. 2441(d)(5))
(50 FR 33251, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 407.32 Pt. 408
34 CFR 407.32 PART 408 -- BILINGUAL VOCATIONAL INSTRUCTOR TRAINING PROGRAM
34 CFR 407.32 Subpart A -- General
Sec.
408.1 What is the Bilingual Vocational Instructor Training Program?
408.2 Who is eligible to apply for assistance under this program?
408.3 What regulations apply to this program?
408.4 What definitions apply to this program?
34 CFR 407.32 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
408.10 What types of projects may be funded?
34 CFR 407.32 Subpart C -- How Does One Apply for a Grant?
408.20 What must an application include?
34 CFR 407.32 Subpart D -- How Does the Secretary Make a Grant?
408.30 How does the Secretary evaluate an application?
408.31 What selection criteria does the Secretary use?
408.32 How does the Secretary select an application for funding?
Authority: Sec. 441(b) of the Carl D. Perkins Vocational Education
Act, 20 U.S.C. 2441(b), as enacted by Pub. L. 98-524, unless otherwise
noted.
Source: 50 FR 33253, Aug. 16, 1985, unless otherwise noted.
34 CFR 407.32 Subpart A -- General
34 CFR 408.1 What is the Bilingual Vocational Instructor Training
Program?
The Bilingual Vocational Instructor Training Program provides
financial assistance for conducting training for instructors of
bilingual vocational education and training programs for individuals
with limited English proficiency.
(Authority: Sec. 441(b)(1); 20 U.S.C. 2441(b)(1))
34 CFR 408.2 Who is eligible to apply for assistance under this
program?
(a) The following are eligible to apply for grants, contracts, or
cooperative agreements under this program:
(1) State agencies.
(2) Public and private nonprofit educational institutions.
(b) Private for-profit educational institutions are eligible for
contracts under this program.
(Authority: Sec. 441(b)(1); 20 U.S.C. 2441(b)(1))
34 CFR 408.3 What regulations apply to this program?
The following regulations apply to the Bilingual Vocational
Instructor Training Program:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: Sec. 441(b); 20 U.S.C. 2441(b))
34 CFR 408.4 What definitions apply to this program?
The definitions in 34 CFR 400.4 apply to this program.
(Authority: Sec. 441(b); 20 U.S.C. 2441(b))
34 CFR 408.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 408.10 What types of projects may be funded?
(a) The Secretary provides assistance through grants, contracts, or
cooperative agreements for --
(1) Preservice and inservice training for instructors, aides,
counselors, or other ancillary personnel participating or preparing to
participate in bilingual vocational training programs; and
(2) Fellowships and traineeships for individuals participating in
preservice or inservice training.
(b) The Secretary does not make an award under this program unless
the Secretary determines that the applicant has an ongoing vocational
training program in the field in which participants will be trained and
can provide instructors with adequate language capabilities in the
language other than English to be used in the project.
(Authority: Sec. 441(b) (2), (3))
34 CFR 408.10 Subpart C -- How Does One Apply for a Grant?
34 CFR 408.20 What must an application include?
An application must --
(a) Provide that the activities and services for which assistance is
sought will be administered by or under the supervision of the
applicant;
(b) Describe the capabilities of the applicant, including vocational
training or education courses offered by the applicant, accreditation,
and any certification of courses by appropriate State agencies;
(c) Describe the qualifications of principal staff responsible for
any project under the Bilingual Vocational Instructor Training Program;
(d) Describe minimum qualifications for trainees participating or
preparing to participate in any project, and the selection process for
these individuals;
(e) Contain the projected amount of the fellowships or traineeships,
if any; and
(f) Contain sufficient information for the Secretary to make the
determination required by 408.10(b).
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 441(d)(1), (4); 20 U.S.C. 2441(d)(1)(4))
34 CFR 408.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 408.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant or cooperative
agreement on the basis of the criteria in 408.31.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 408.31.
(c) Subject to paragraph (d) of this section, the maximum possible
points for each criterion is indicated in parentheses after the heading
for each criterion.
(d) For each competition, as announced in a notice published in the
Federal Register, the Secretary may assign the reserved 15 points among
the criteria in 408.31.
(e) Prior to making an award the Secretary consults with the State
board designated or established under section 111 of the Act to ensure
an equitable distribution of assistance among populations of individuals
with limited English proficiency within the State.
(Authority: Sec. 441(b), (d)(5); 20 U.S.C. 2441(b), (d)(5))
34 CFR 408.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Need. (20 points)
(1) The Secretary reviews each application for specific information
that shows the need for the proposed training in the local geographic
area.
(2) In making this determination the Secretary looks for information
that shows --
(i) The need for the proposed training;
(ii) Specifically how the need will be met;
(iii) Ongoing and planned activities in the community that pertain to
the need, where appropriate.
(b) Plan of operation. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(c) Quality of key personnel. (20 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (c)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(d) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(e) Evaluation plan. (10 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
Cross-Reference: See 34 CFR 75.590 (Evaluation by the grantee).
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(f) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 441(b); 20 U.S.C. 2441(b))
34 CFR 408.32 How does the Secretary select an application for funding?
(a) After evaluating the applications according to the criteria
contained in 408.31, and consulting with the appropriate State board
under 408.30(e), the Secretary determines whether the most highly rated
applications are equitably distributed among populations of individuals
with limited English proficiency within the affected State.
(b) The Secretary may select other applications for funding if doing
so would improve the equitable distribution of projects under this
program within the affected State.
(Authority: Sec. 441(d)(5); 20 U.S.C. 2441(d)(5))
34 CFR 408.32 PART 409 -- BILINGUAL VOCATIONAL MATERIALS, METHODS, AND TECHNIQUES PROGRAM
34 CFR 408.32 Subpart A -- General
Sec.
409.1 What is the Bilingual Vocational Materials, Methods, and
Techniques Program?
409.2 Who is eligible to apply for assistance under this program?
409.3 What regulations apply to this program?
409.4 What definitions apply to this program?
34 CFR 408.32 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
409.10 What types of projects may be funded?
409.11 How does the Secretary establish priorities for this program?
34 CFR 408.32 Subpart C -- How Does One Apply for a Grant?
409.20 What must an application include?
34 CFR 408.32 Subpart D -- How Does the Secretary Make a Grant?
409.30 How does the Secretary evaluate an application?
409.31 What selection criteria does the Secretary use?
Authority: Sec. 441(c) of the Carl D. Perkins Vocational Education
Act, 20 U.S.C. 2441(c), as enacted by Pub. L. 98-524, unless otherwise
noted.
Source: 50 FR 33255, Aug. 16, 1985, unless otherwise noted.
34 CFR 408.32 Subpart A -- General
34 CFR 409.1 What is the Bilingual Vocational Materials, Methods, and
Techniques Program?
The Bilingual Vocational Materials, Methods, and Techniques Program
provides financial assistance for the development of instructional and
curriculum materials, methods, or techniques for bilingual vocational
training for individuals with limited English proficiency.
(Authority: Sec. 441(c)(1); 20 U.S.C. 2441(c)(1))
34 CFR 409.2 Who is eligible to apply for assistance under this
program?
(a) The following are eligible to apply for grants, contracts, or
cooperative agreements under this program:
(1) State agencies.
(2) Educational institutions.
(3) Nonprofit organizations.
(b) The following are eligible for contracts under this program:
(1) Private for-profit organizations.
(2) Individuals.
(Authority: Sec. 441(c)(1); 20 U.S.C. 2441(c)(1))
34 CFR 409.3 What regulations apply to this program?
The following regulations apply to the Bilingual Vocational
Materials, Methods, and Techniques Program:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: Sec. 441(c); 20 U.S.C. 2441(c))
34 CFR 409.4 What definitions apply to this program?
The definitions in 34 CFR 400.4 apply to this program.
(Authority: Sec. 441(c); 20 U.S.C. 2441(c))
34 CFR 409.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 409.10 What types of projects may be funded?
The Secretary provides assistance through grants, contracts, or
cooperative agreements for --
(a) Research in bilingual vocational training;
(b) The development of instructional and curriculum materials,
methods, or techniques;
(c) Training projects to familiarize State agencies and training
institutions with research findings and with successful pilot and
demonstration projects in bilingual vocational education and training;
and
(d) Experimental, developmental, pilot, and demonstration projects.
(Authority: Sec. 441.(c)(2); 20 U.S.C. 2441(c)(2))
34 CFR 409.11 How does the Secretary establish priorities for this
program?
(a) The Secretary may announce, through one or more notices published
in the Federal Register, the priorities for this program, if any, from
the types of projects described in 409.10.
(b) The Secretary may establish a separate competition for one or
more of the priorities selected. If a separate competition is
established for one or more priorities, the Secretary may reserve all
applications that relate to those priorities for review as part of the
separate competition.
(Authority: Sec. 441(c)(2); 20 U.S.C. 2441(c)(2))
34 CFR 409.11 Subpart C -- How Does One Apply for a Grant?
34 CFR 409.20 What must an application include?
An application under this part must --
(a) Describe the qualifications of staff responsible for the project;
and
(b) Provide that the activities and services for which assistance is
sought will be administered by or under the supervision of the
applicant.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 441(d)(1), (3); 20 U.S.C. 2441(d)(1), (3))
34 CFR 409.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 409.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant or cooperative
agreement on the basis of the criteria in 409.31.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 409.31.
(c) Subject to paragraph (d) of this section, the maximum possible
points for each criterion is indicated in parentheses after the heading
for each criterion.
(d) For each competition, as announced in a notice published in the
Federal Register, the Secretary may assign the reserved 15 points among
the criteria in 409.31.
(Authority: Sec. 441(c), 20 U.S.C. 2441(c))
34 CFR 409.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Need. (20 points)
(1) The Secretary reviews each application for information that shows
the need for the proposed services and activities for individuals with
limited English proficiency.
(2) The Secretary looks for information that shows --
(i) Specific evidence of the need; and
(ii) Specific information about how the need will be met.
(b) Plan of operation. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(c) Quality of key personnel. (20 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (c)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(d) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(e) Evaluation plan. (10 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
Cross-Reference: See 34 CFR 75.590 (Evaluation by the grantee).
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(f) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 441(c); 20 U.S.C. 2441(c))
(50 FR 33255, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 409.31 PART 410 -- INDIAN AND HAWAIIAN NATIVES PROGRAM
34 CFR 409.31 Subpart A -- General
Sec.
410.1 What is the Indian and Hawaiian Natives Program?
410.2 Who is eligible to apply for assistance under this program?
410.3 What regulations apply to this program?
410.4 What definitions apply to this program?
34 CFR 409.31 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
410.10 What types of projects may be funded?
34 CFR 409.31 Subpart C -- How Does One Apply for a Grant?
410.20 How are applications submitted?
34 CFR 409.31 Subpart D -- How Does the Secretary Make a Grant?
410.30 How does the Secretary evaluate an application?
410.31 What selection criteria does the Secretary use?
410.32 What are additional factors for declining an award?
410.33 Is the Secretary's decision not to make an award under the
Indian Program subject to a hearing?
Authority: Sec. 103 of the Carl D. Perkins Vocational Education
Act, 20 U.S.C. 2313, as enacted by Pub. L. 98-524, unless otherwise
noted.
Source: 50 FR 33256, Aug. 16, 1985, unless otherwise noted.
34 CFR 409.31 Subpart A -- General
34 CFR 410.1 What is the Indian and Hawaiian Natives Program?
(a) The Indian and Hawaiian Natives Program provides financial
assistance to Indian tribes and to organizations primarily serving and
representing Hawaiian natives to plan, conduct, and administer projects,
or portions of projects, that are authorized by and consistent with the
Carl D. Perkins Vocational Education Act.
(b) The Secretary is also authorized to use remaining funds under
this program to enter into an agreement with the Assistant Secretary of
the Interior for Indian Affairs for the operation of vocational
education programs authorized by the Act in institutions serving Indians
eligible to receive educational benefits as Indians from the Bureau of
Indian Affairs. The Secretary of the Interior is authorized to receive
funds for this purpose.
(Sec. 103(b)(1), (c); 20 U.S.C. 2313(b)(1),(c))
34 CFR 410.2 Who is eligible to apply for assistance under this
program?
(a) The following are eligible for grants, contracts, or cooperative
agreements under this program:
(1) The tribal organization of any Indian tribe which is eligible to
contract with the Secretary of the Interior under the Indian
Self-Determination and Education Assistance Act or under the Act of
April 16, 1934.
(2) Any organization primarily serving and representing Hawaiian
natives which is recognized by the Governor of Hawaii.
(b) Grants, contracts, or cooperative agreements under paragraph
(a)(1) of this section are subject to --
(1) Section 102 of the Indian Self-Determination and Education
Assistance Act; and
(2) The relevant provisions of sections 4, 5, and 6 of the Act of
April 16, 1934.
(Authority: Sec. 103(b)(1),(c); 20 U.S.C. 2313(b)(1),(c); 25
U.S.C. 450f, 455-457)
34 CFR 410.3 What regulations apply to this program?
The following regulations apply to the Indian and Hawaiian Natives
Program:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: Sec. 103; 20 U.S.C. 2313)
34 CFR 410.4 What definitions apply to this program?
The following definitions apply to the Indian and Hawaiian Natives
Program:
(a) The definitions in 34 CFR 400.4.
(b) The following additional definitions:
Act of April 16, 1934 means the Act entitled ''An Act authorizing the
Secretary of the Interior to arrange with States or territories for the
education, medical attention, relief of distress, and social welfare of
Indians and other purposes.''
(Authority: Sec. 103(a)(1)(A); 48 Stat. 596; 25 U.S.C. 452-457)
Hawaiian native means any individual any of whose ancestors were
natives, prior to 1778, of the area which now comprises the State of
Hawaii.
(Authority: Sec. 103(a)(1)(B); 20 U.S.C. 2313(a)(1)(B))
Indian tribe means any Indian tribe, band, nation, or other organized
group or community, including any Alaskan native village or regional or
village corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act, which is recognized as eligible for
special programs and services provided by the United States to Indians
because of their status as Indians.
(Authority: 25 U.S.C. 450b)
Tribal organization means the recognized governing body of any Indian
tribe or any legally established organization of Indians which is
controlled, sanctioned, or chartered by that governing body or which is
democratically elected by the adult members of the Indian community to
be served by the organization, which includes the maximum participation
of Indians in all phases of its activities.
(Authority: 25 U.S.C. 450b)
34 CFR 410.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 410.10 What types of projects may be funded?
(a) The Secretary provides assistance through grants, contracts, or
cooperative agreements to plan, conduct, and administer projects or
portions of projects which are authorized by and consistent with the
Carl D. Perkins Vocational Education Act.
(b) Projects for Indians funded under this program are in addition to
other programs, services, and activities made available to eligible
Indians under other provisions of the Act.
(Authority: Sec. 103(b)(1), (b)(3), (c); 20 U.S.C. 2313(b)(1),
(b)(3), (c))
34 CFR 410.10 Subpart C -- How Does One Apply for a Grant?
34 CFR 410.20 How are applications submitted?
An application from a tribal organization must be submitted to the
Secretary by the Indian tribe. An application for a project to serve
more than one Indian tribe must be approved by each tribe to be served.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 103; 20 U.S.C. 2313, 25 U.S.C. 450b)
34 CFR 410.20 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 410.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant or cooperative
agreement on the basis of the criteria in 410.31.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 410.31.
(c) Subject to paragraph (d) of this section, the maximum possible
points for each criterion is indicated in parentheses after the heading
for each criterion.
(d) For each competition, as announced in a notice published in the
Federal Register, the Secretary may assign the reserved 15 points among
the criteria in 410.31.
(Authority: Sec. 103; 20 U.S.C. 2313)
34 CFR 410.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Need. (15 points)
(1) The Secretary reviews each application for information that shows
the need for the proposed project.
(2) The Secretary looks for information that shows --
(i) Specific evidence of the need for the proposed activity;
(ii) Information which shows how the need will be met; and
(iii) Ongoing and planned activities in the community which pertain
to the need, where appropriate.
(b) Plan of operation. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program; and
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective.
(c) Quality of key personnel. (10 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project; and
(iii) The time that each person referred to in paragraphs (c)(2)(i)
and (ii) of this section will commit to the project.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(d) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(e) Evaluation plan. (5 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
Cross-Reference: See 34 CFR 75.590 (Evaluation by the grantee).
(2) The Secretary looks for information that shows methods of
evaluation that are apppropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(f) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(g) Private sector involvement. (10 points)
(1) The Secretary reviews each application for information that shows
the involvement of the private sector.
(2) The Secretary looks for information that shows --
(i) The private sector involvement in the planning of the project;
and
(ii) private sector involvement in the operation of the project.
(h) Employment Opportunities. (10 points)
(1) The Secretary looks for information and documentation of the
extent to which, upon the completion of their training under this
program, more than 65 percent of the trainees will be employed in jobs
(including military specialties) related to their training, or will be
pursuing additional training related to their training under this
program.
(2) For Indian tribes only, the Secretary looks for information which
shows that this employment is related to the tribal economic development
plan.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 103; 20 U.S.C. 2313)
34 CFR 410.32 What are additional factors for declining an award?
The Secretary may use any of the following additional factors in
making a decision whether to award a grant or cooperative agreement to
an applicant:
(a) The project duplicates an effort already being made.
(b) Funding the project would create an inequitable distribution
among Indian tribes or among organizations serving or representing
Native Hawaiians.
(c) The applicant has not performed satisfactorily under a previous
Department of Education award.
(Authority: Sec. 103; 20 U.S.C. 2313)
34 CFR 410.33 Is the Secretary's decision not to make an award under
the Indian Program subject to a hearing?
After receiving notice that the Secretary will not award a grant or
cooperative agreement to an eligible applicant under 410.2(a)(1), the
Indian tribal organization has 30 calendar days to request, in writing,
a hearing to review the Secretary's decision.
(Authority: Sec. 103; 20 U.S.C. 2313, 25 U.S.C. 450f)
34 CFR 410.33 PART 411 -- DEMONSTRATION CENTERS FOR THE RETRAINING OF DISLOCATED WORKERS
34 CFR 410.33 Subpart A -- General
Sec.
411.1 What is the Demonstration Centers for the Retraining of
Dislocated Workers Program?
411.2 Who is eligible to apply for assistance under this program?
411.3 What regulations apply to this program?
411.4 What definitions apply to this program?
34 CFR 410.33 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
411.10 What types of projects may be funded?
34 CFR 410.33 Subpart C -- (Reserved)
34 CFR 410.33 Subpart D -- How Does the Secretary Make a Grant?
411.30 How does the Secretary evaluate an application?
411.31 What selection criteria does the Secretary use?
411.32 How does the Secretary select an application for funding?
Authority: Sec. 415 of the Carl D. Perkins Vocational Education
Act, 20 U.S.C. 2415, as enacted by Pub. L. 98-524, unless otherwise
noted.
Source 50 FR 33258, Aug. 16, 1985, unless otherwise noted.
34 CFR 410.33 Subpart A -- General
34 CFR 411.1 What is the Demonstration Centers for the Retraining of
Dislocated Workers Program?
(a) The Demonstration Centers for Retraining Dislocated Workers
Program provides financial assistance to establish one or more
demonstration centers.
(b) These centers retrain dislocated workers in order to demonstrate
the application of general theories of vocational education to the
specific problems of retraining displaced workers.
(Authority: Sec. 415; 20 U.S.C. 2415)
34 CFR 411.2 Who is eligible to apply for assistance under this
program?
Any public or private agency, institution, or organization is
eligible to apply for a grant, contract, or cooperative agreement under
this program.
(Authority: Sec. 415; 20 U.S.C. 2415)
34 CFR 411.3 What regulations apply to this program?
The following regulations apply to the Demonstration Centers for the
Retraining of Dislocated Workers Program:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: Sec. 415; 20 U.S.C. 2415)
34 CFR 411.4 What definitions apply to this program?
The definitions in 34 CFR 400.4 apply to this program.
(Authority: Sec. 415; 20 U.S.C. 2415)
34 CFR 411.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 411.10 What types of projects may be funded?
(a) The Secretary provides assistance through grants, contracts, or
cooperative agreements to establish one or more demonstration centers
for the purposes described in 411.1.
(b) Each demonstration center assisted under this program may --
(1) Provide retraining programs and counseling services;
(2) Seek additional resources;
(3) Disseminate information;
(4) Coordinate its activities with various other entities providing
related services and activities; and
(5) Assist in the establishment of additional centers.
(Authority: Sec. 415; 20 U.S.C. 2415; House Report No. 98-1129,
98th Cong., 2d Sess. p. 87 (1984))
34 CFR 411.10 Subpart C -- (Reserved)
34 CFR 411.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 411.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant or cooperative
agreement on the basis of the criteria in 411.31.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 411.31.
(c) Subject to paragraph (d) of this section the maximum possible
points for each criterion is indicated in parentheses after the heading
for each criterion.
(d) For each competition, as announced through a notice published in
the Federal Register, the Secretary may assign the reserved 15 points
among the criteria in 411.31.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 415; 20 U.S.C. 2415)
34 CFR 411.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Need. (15 points)
(1) The Secretary reviews each application for information that shows
the need for the proposed demonstration center.
(2) The Secretary looks for information that shows --
(i) Specific evidence of the need for the proposed demonstration
center, including evidence of a high concentration of dislocated workers
in the area to be served;
(ii) How the need will be met; and
(iii) Ongoing and planned activities in the community pertaining to
the proposed demonstration center, where appropriate.
(b) Plan of operation. (15 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(c) Quality of training. (5 points)
(1) The Secretary reviews each application for information that shows
the quality of the training to be provided.
(2) The Secretary looks for information that shows that --
(i) The training is appropriate for the trainees in light of the
labor market; and
(ii) Trainees will receive appropriate counseling.
(d) Quality of key personnel. (10 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (d)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training in fields related to the objectives of the
project, as well as other information that the applicant provides.
(e) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(f) Evaluation plan. (5 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
Cross-Reference: See 34 CFR 75.590 (Evaluation by the grantee).
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(g) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(h) Private sector involvement. (5 points)
(1) The secretary reviews each application for information that shows
the involvement of the private sector.
(2) The Secretary looks for information that shows --
(i) The private sector involvement in the planning of the project;
and
(ii) The private sector involvement in the operation of the project.
(i) Employment opportunities. (5 points)
The Secretary looks for information on and documentation of the
extent to which trainees will be employed in jobs related to their
training upon completion of their training.
(j) Dissemination. (10 points)
(1) The Secretary reviews each application for information that shows
that the applicant has an effective and efficient plan for disseminating
information about the project, including the results of the project and
any specialized materials developed by the project.
(2) The Secretary looks for information that shows --
(i) The design of the dissemination plan and procedures for
evaluating the effectiveness of the dissemination plan;
(ii) A description of the types of materials the applicant plans to
make available and the methods for making the materials available;
(iii) Provisions for demonstrating the methods and techniques used by
the project;
(iv) Provisions for assisting others to adopt and successfully
implement the project or methods and techniques developed by the
project; and
(v) Provisions for publicizing the findings of the project at the
local, State, or national level.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 415; 20 U.S.C. 2415)
(50 FR 33258, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 411.32 How does the Secretary select an application for funding?
(a) After evaluating the applications according to the criteria
contained in 411.31, the Secretary determines whether the most highly
rated applications are equitably distributed throughout the Nation.
(b) The Secretary may select other applications for funding if doing
so would improve the geographical distribution of projects funded under
this program.
(Authority: Sec. 415; 20 U.S.C. 2415)
34 CFR 411.32 Pt. 412
34 CFR 411.32 PART 412 -- COOPERATIVE DEMONSTRATION PROGRAM
34 CFR 411.32 Subpart A -- General
Sec.
412.1 What is the Cooperative Demonstration Program?
412.2 Who is eligible to apply for an award under this program?
412.3 What regulations apply to this program?
412.4 What definitions apply to this program?
34 CFR 411.32 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
412.10 What types of projects may be funded?
412.11 How does the Secretary establish priorities for this program?
34 CFR 411.32 Subpart C -- (Reserved)
34 CFR 411.32 Subpart D -- How Does the Secretary Make a Grant?
412.30 How does the Secretary evaluate an application?
412.31 What selection criteria does the Secretary use?
34 CFR 411.32 Subpart E -- What Conditions Must Be Met by a Recipient?
412.40 What cost sharing requirement is imposed under this program?
Authority: Sec. 411 of the Carl D. Perkins Vocational Education
Act, 20 U.S.C. 2411, as enacted by Pub. L. 98-524, unless otherwise
noted.
Source: 50 FR 33260, Aug. 16, 1985, unless otherwise noted.
34 CFR 411.32 Subpart A -- General
34 CFR 412.1 What is the Cooperative Demonstration Program?
(a) The Cooperative Demonstration Program provides financial
assistance for --
(1) Model projects providing improved access to quality vocational
education programs for certain individuals;
(2) Projects that are examples of successful cooperation between the
private sector and public agencies in vocational education;
(3) Projects to overcome national skill shortages; and
(4) Other activities which the Secretary may designate that are
related to the purpose of the Act.
(b) Projects eligible for assistance are described in 412.10
(Authority: Sec. 411(a); 20 U.S.C. 2411(a))
34 CFR 412.2 Who is eligible to apply for an award under this program?
The following are eligible to apply for an award under this program:
(a) State educational agencies (SEAs).
(b) Local educational agencies (LEAs).
(c) Postsecondary educational institutions.
(d) Institutions of higher education.
(e) Other public and private agencies, organizations, and
institutions.
(Authority: Sec. 411(a); 20 U.S.C. 2411(a))
34 CFR 412.3 What regulations apply to this program?
The following regulations apply to the Cooperative Demonstration
Program:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: Sec. 411; 20 U.S.C. 2411)
34 CFR 412.4 What definitions apply to this program?
The definitions in 34 CFR 400.4 apply to the Cooperative
Demonstration Program.
(Authority: Sec. 411; 20 U.S.C. 2411)
34 CFR 412.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 412.10 What types of projects may be funded?
(a) The Secretary may support directly or through grants, cooperative
agreements, or contracts the following types of projects:
(1) Model projects providing improved access to quality vocational
education programs for --
(i) Handicapped individuals;
(ii) Disadvantaged individuals;
(iii) Adults who are in need of training and retraining;
(iv) Individuals who are single parents or homemakers;
(v) Individuals who participate in programs designed to eliminate sex
bias and stereotyping in vocational education;
(vi) Criminal offenders who are serving in a correctional
institution; and
(vii) Men and women seeking nontraditional occupations.
(2)(i) Projects that are examples of successful cooperation between
the private sector (including employers, consortia of employers, labor
organizations, and building trade councils) and public agencies in
vocational education, including State boards and eligible recipients.
(ii) The projects described in paragraph (a)(2)(i) of this section
must be designed to demonstrate ways in which vocational education and
the private sector of the economy can work together effectively to
assist vocational education students to attain the advanced level of
skills needed to make the transition from school to productive
employment, including --
(A) Work experience and apprenticeship projects;
(B) Transitional worksite job training for vocational education
students which is related to their occupational goals and closely linked
to classroom and laboratory instruction provided by an eligible
recipient;
(C) Placement services in occupations which the students are
preparing to enter; and
(D) Where practical, projects that will benefit the public, such as
the rehabilitation of public schools or housing in inner cities or
economically depressed rural areas.
(iii) The projects described in paragraphs (a)(2) (i) and (ii) of
this section may include institutional and on-the-job training, support
services authorized by the Act, and such other necessary assistance as
the Secretary determines to be necessary for the successful completion
of the project.
(3) Projects to overcome national skill shortages, as designated by
the Secretary in cooperation with the Secretary of Labor, Secretary of
Defense, and Secretary of Commerce.
(4) Such other activities which the Secretary may designate which are
related to the purposes of the Act.
(b) All projects assisted under the Cooperative Demonstration Program
must be --
(1) Of direct service to the individuals enrolled; and
(2) Capable of wide replication by service providers.
(Authority: Sec. 411 (a), (b), (c); 20 U.S.C. 2411 (a), (b), (c))
34 CFR 412.11 How does the Secretary establish priorities for this
program?
(a) The Secretary may announce through one or more notices published
in the Federal Register the priorities for this program (including any
national skill shortages to be addressed) if any, from the types of
projects described in 412.10.
(b) The Secretary may establish a separate competition for one or
more of the priorities selected. If a separate competition is
established for one or more priorities, the Secretary may reserve all
applications that relate to those priorities for review as part of the
separate competition.
(Authority: Sec. 411; 20 U.S.C. 2411)
34 CFR 412.11 Subpart C -- (Reserved)
34 CFR 412.11 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 412.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant or cooperative
agreement on the basis of the criteria in 412.31.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 412.31.
(c) Subject to paragraph (d) of this section, the maximum possible
points for each criterion is indicated in parentheses after the heading
for each criterion.
(d) For each competition, as announced in a notice published in the
Federal Register, the Secretary may assign the reserved 15 points among
the criteria in 412.31.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 411; 20 U.S.C. 2411)
34 CFR 412.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Need. (15 points)
(1) The Secretary reviews each application for information that shows
the need for and the soundness of the rationale for the project.
(2) The Secretary looks for information that shows --
(i) A clear description of the need for the proposed project;
(ii) Specific evidence of the need for the project;
(iii) A description of any ongoing and planned activities in the
community relative to the need, including, if appropriate, the
relationship of any local, regional or State economic development plan;
(iv) Evidence that demonstrates the vocational training to be
provided is designed to meet current and projected occupational needs;
(v) A clear statement of what the project seeks to demonstrate; and
(vi) Evidence that the project is likely to serve as a model in the
future.
(b) Plan of operation. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(c) Quality of key personnel. (10 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (c)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(d) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(e) Evaluation plan. (5 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
Cross-Reference: See 34 CFR 75.590 (Evaluation by the grantee).
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(f) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(g) Private sector involvement. (5 points)
(1) The Secretary reviews each application for information that shows
the involvement of the private sector.
(2) The Secretary looks for information that shows --
(i) Private sector involvement in the planning of the project; and
(ii) Private sector involvement in the operation of the project.
(h) Employment opportunities. (5 points)
The Secretary looks for information and documentation of the extent
to which trainees will be employed in jobs related to their training
upon completion of their training.
(i) Dissemination. (10 points)
(1) The Secretary reviews each application for information that shows
that the applicant has an effective and efficient plan for disseminating
information about the demonstration project, including the results of
the project and any specialized materials developed by the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the dissemination plan and
procedures for evaluating the effectiveness of the dissemination plan;
(ii) A description of the types of materials the applicant plans to
make available and the methods for making the materials available;
(iii) Provisions for demonstrating the methods and techniques used by
the project;
(iv) Provisions for assisting others to adopt and successfully
implement the project or methods and techniques used by the project;
and
(v) Provisions for publicizing the findings of the project at the
local, State, or national level.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 411; 20 U.S.C. 2411)
34 CFR 412.31 Subpart E -- What Conditions Must Be Met by a Recipient?
34 CFR 412.40 What cost sharing requirement is imposed under this
program?
(a) A recipient shall provide not less than 25 percent of the cost of
the demonstration project it conducts under this program.
(b) In accordance with Subpart G of 34 CFR Part 74, the non-Federal
share may be in the form of cash or in-kind contributions, including the
fair market value of facilities, overhead, personnel, and equipment.
(Authority: Sec. 411(b)(2); 20 U.S.C. 2411(b)(2))
34 CFR 412.40 Pt. 414
34 CFR 412.40 PART 414 -- STATE EQUIPMENT POOLS
34 CFR 412.40 Subpart A -- General
Sec.
414.1 What is the State Equipment Pools Program?
414.2 Who is eligible to apply for assistance under this program?
414.3 What regulations apply to this program?
414.4 What definitions apply to this program?
34 CFR 412.40 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program.
414.10 What types of projects may be funded?
34 CFR 412.40 Subpart C -- (Reserved)
34 CFR 412.40 Subpart D -- How Does the Secretary Make a Grant?
414.30 How does the Secretary evaluate an application?
414.31 What selection criteria does the Secretary use?
Authority: Sec. 413 of the Carl D. Perkins Vocational Education
Act, 20 U.S.C. 2413, as enacted by Pub. L. 98-524, unless otherwise
noted.
Source: 50 FR 33262, Aug. 16, 1985, unless otherwise noted.
34 CFR 412.40 Subpart A -- General
34 CFR 414.1 What is the State Equipment Pools Program?
The State Equipment Pools Program provides financial assistance for
the operation of State programs involving the loan of high-technology,
state-of-the-art equipment for use in local vocational education
programs.
(Authority: Sec. 413; 20 U.S.C. 2413)
34 CFR 414.2 Who is eligible to apply for assistance under this
program?
State boards are eligible to apply for grants or cooperative
agreements under this program.
(Authority: Sec. 413; 20 U.S.C. 2413)
34 CFR 414.3 What regulations apply to this program?
The following regulations apply to the State Equipment Pools Program:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: Sec. 413; 20 U.S.C. 2413)
34 CFR 414.4 What definitions apply to this program?
The following definitions apply to the State Equipment Pools Program:
(a) The definitions in 34 CFR 400.4.
(b) For the purposes of this part, ''High technology,
state-of-the-art equipment'' includes, but is not limited to --
(1) Computer-controlled equipment;
(2) Electro-optic equipment;
(3) Electronic testing equipment;
(4) Scientific instrumentation;
(5) Micrographic equipment;
(6) Earth resource equipment;
(7) Telecommunications equipment; and
(8) Computers and peripherals.
(Authority: Sec. 413; 20 U.S.C. 2413)
34 CFR 414.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 414.10 What types of projects may be funded?
(a) The Secretary awards grants or cooperative agreements to State
boards for the operation of State programs involving the loan of high
technology, state-of-the-art equipment to eligible recipients for use in
local vocational education programs.
(b) The State board shall establish its own criteria for evaluating
applications by eligible recipients and for the effective use of
equipment, including the redistribution of equipment, if necessary.
(c) No State may receive funds for more than two consecutive years
under this program.
(Authority: Sec. 413; 20 U.S.C. 2413)
34 CFR 414.10 Subpart C -- (Reserved)
34 CFR 414.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 414.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 414.31.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 414.31.
(c) Subject to paragraph (d) of this section, the maximum possible
points for each criterion is indicated in parentheses after the heading
for each criterion.
(d) For each competition, as announced in a notice published in the
Federal Register, the Secretary may assign the reserved 15 points among
the criteria in 414.31.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 413; 20 U.S.C. 2413)
(50 FR 33262, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 414.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Need. (20 points)
(1) The Secretary reviews each application for information that shows
the need for and the soundness of the rationale for the project.
(2) The Secretary looks for information that shows --
(i) A clear description of the need for specific high technology,
state-of-the-art equipment in local educational agencies and
postsecondary educational institutions; and
(ii) Specific evidence of that need.
(b) Plan of operation. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(c) Quality of key personnel. (10 points)
(1) The Secretary reviews each application for informaton that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (c)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(d) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(e) Evaluation plan. (5 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
Cross-Reference: See 34 CFR 75.590 (Evaluation by the grantee).
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(f) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(g) Private sector involvement. (10 points)
The Secretary reviews each application for information that shows the
involvement of the private sector; including --
(1) Involvement in program planning;
(2) Involvement in program evaluation; and
(3) Other forms of support.
(h) Cooperative relationships. (5 points)
The Secretary reviews each application for information that shows
that in preparing the application, the State board has consulted with
local educational agencies and postsecondary educational institutions.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 413; 20 U.S.C. 2413)
34 CFR 414.31 Pt. 415
34 CFR 414.31 PART 415 -- MODEL CENTERS FOR VOCATIONAL EDUCATION FOR OLDER INDIVIDUALS
34 CFR 414.31 Subpart A -- General
Sec.
415.1 What is the Model Centers for Vocational Education for Older
Individuals Program?
415.2 Who is eligible for an award under this program?
415.3 What regulations apply to this program?
415.4 What definitions apply to this program?
34 CFR 414.31 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
415.10 What type of projects may be funded?
34 CFR 414.31 Subpart C -- (Reserved)
34 CFR 414.31 Subpart D -- How Does the Secretary Make a Grant?
415.30 How does the Secretary evaluate an application?
415.31 What selection criteria does the Secretary use?
415.32 How does the Secretary select an application for funding?
Authority: 20 U.S.C. 2417, unless otherwise noted.
Source: 50 FR 33263, Aug. 16, 1985, unless otherwise noted.
34 CFR 414.31 Subpart A -- General
34 CFR 415.1 What is the Model Centers for Vocational Education for
Older Individuals Program?
The Model Centers for Vocational Education for Older Individuals
Program (Model Centers) provides assistance to establish and operate
model centers to focus greater attention on the special vocational needs
of older individuals, and to promote employment opportunities for older
individuals.
(Authority: Sec. 417(a); 20 U.S.C. 2419(a))
34 CFR 415.2 Who is eligible for an award under this program?
Local educational agencies and postsecondary educational institutions
are eligible for an award under this program.
(Authority: Sec. 417(b); 20 U.S.C. 2417(b))
34 CFR 415.3 What regulations apply to this program?
The following regulations apply to the Model Centers Program:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: Sec. 417; 20 U.S.C. 2417)
34 CFR 415.4 What definitions apply to this program?
The following definitions apply to the Model Centers for Vocational
Education For Older Individuals Program:
(a) The definitions referred to in 34 CFR 400.4.
(b) The following additional definition:
''Older Individual'' means an individual fifty-five years of age or
older.
(Authority: Sec. 417(d); 20 U.S.C. 2417(d))
34 CFR 415.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under This Program?
34 CFR 415.10 What types of projects may be funded?
(a) The Secretary provides assistance through grants or cooperative
agreements for projects to establish and operate model centers for
vocational education for older individuals.
(b) Each model center assisted by the Secretary must --
(1) Provide training or retraining to update older individuals'
skills;
(2) Prepare older individuals for new careers when their skills have
been rendered obsolete by technological advances;
(3) Promote employment through training or retraining in areas of job
potential in growth industries utilizing new technologies;
(4) Provide assistance for later-life career changes, with special
emphasis on the needs of older individuals who are displaced homemakers;
(5) Provide information, counseling, and support services to assist
older individuals in obtaining employment;
(6) Encourage providers of vocational education, including community
colleges and technical schools, to offer more job training opportunities
targeted to or easily accessible to older individuals; and
(7) Promote training of paraprofessionals in gerontology and
geriatrics.
(Authority: Sec. 417(b); 20 U.S.C. 2417(b))
34 CFR 415.10 Subpart C -- (Reserved)
34 CFR 415.10 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 415.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application submitted under this
program on the basis of the criteria in 415.31.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 415.31.
(c) Subject to paragraph (d) of this section, the maximum possible
points in each criterion is indicated in parentheses after the heading
for each criterion.
(d) For each competition, as announced through a notice published in
the Federal Register, the Secretary may assign the reserved 15 points
among the criteria in 415.31.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 417; 20 U.S.C. 2417)
34 CFR 415.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Need. (15 points)
(1) The Secretary reviews each application for information that shows
the need for the proposed Model Center.
(2) The Secretary looks for information that shows --
(i) Specific evidence of the need for the proposed model center;
(ii) Ongoing and planned activities in the community supporting the
need for the proposed model center; and
(iii) The relationship of the proposed model center to any local or
State economic development plan.
(b) Plan of operation. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective;
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups.
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(c) Quality of key personnel. (10 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (c)(2)(i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(d) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(e) Evaluation plan. (5 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
Cross-Reference: See 34 CFR 75.590 (Evaluation by the grantee).
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(f) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(g) Private sector involvement. (5 points)
(1) The Secretary reviews each application for information that shows
the involvement of the private sector.
(2) The Secretary looks for information that shows --
(i) The private sector involvement in the planning of the project;
and
(ii) The private sector involvement in the operation of the project.
(h) Employment opportunities. (5 points)
The Secretary looks for information and documentation of the extent
to which trainees will be employed in jobs related to their training
upon completion of their training.
(i) Dissemination. (10 points)
(1) The Secretary reviews each application for information that shows
that the applicant has an effective and efficient plan for disseminating
information about the project, including the results of the project and
any specialized materials developed by the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the dissemination plan and
procedures for evaluating the effectiveness of the dissemination plan;
(ii) A description of the types of materials the applicant plans to
make available and the methods for making the materials available;
(iii) Provisions for demonstrating the methods and techniques used by
the project;
(iv) Provisions for assisting others to adopt and successfully
implement the project or methods and techniques developed by the
project; and
(v) Provisions for publicizing the findings of the project at the
local, State, or national level.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 417; 20 U.S.C. 2417)
(50 FR 33263, Aug. 16, 1985, as amended at 51 FR 25494, July 14,
1986)
34 CFR 415.32 How does the Secretary select an application for funding?
(a) After evaluating the applications according to the criteria
contained in 415.31, the Secretary determines whether the most highly
rated applications are broadly and equitably distributed throughout the
Nation.
(b) The Secretary may select other applications for funding if doing
so would improve the geographical distribution of projects funded under
this program.
(Authority: Sec. 417; 20 U.S.C. 2417)
34 CFR 415.32 Pt. 416
34 CFR 415.32 PART 416 -- NATIONAL VOCATIONAL EDUCATION RESEARCH PROGRAM
34 CFR 415.32 Subpart A -- General
Sec.
416.1 What are the purposes of the National Vocational Education
Research Program?
416.2 Who is eligible for an award under this program?
416.3 What regulations apply to this program?
416.4 What definitions apply to this program?
34 CFR 415.32 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
416.10 What types of projects does the Secretary fund under this
program?
416.11 How does the Secretary establish priorities for this program?
34 CFR 415.32 Subpart C -- (Reserved)
34 CFR 415.32 Subpart D -- How Does the Secretary Make a Grant?
416.30 How does the Secretary evaluate an application?
416.31 What selection criteria does the Secretary use?
416.32 How does the Secretary select an unsolicited application for
funding?
Authority: Secs. 401 and 402 of the Carl D. Perkins Vocational
Education Act, 20 U.S.C. 2401 and 2402, as enacted by Pub. L. 98-524,
unless otherwise noted.
Source: 50 FR 33265, Aug. 16, 1985, unless otherwise noted.
34 CFR 415.32 Subpart A -- General
34 CFR 416.1 What are the purposes of the National Vocational Education
Research Program?
The purposes of the National Vocational Education Research Program
are to --
(a) Improve access to vocational educational programs for handicapped
individuals, disadvantaged individuals, men and women who are entering
nontraditional occupations, adults who are in need of retraining, single
parents or homemakers, individuals with limited English proficiency, and
individuals who are incarcerated in correctional institutions;
(b) Improve the competitive process by which research projects are
awarded;
(c) Encourage the dissemination of findings of research projects
assisted under this Act to all States; and
(d) Authorize research activities which are readily applicable to the
vocational education setting and are of practical application to
vocational education administrators, counselors, instructors, and others
involved in vocational education.
(Authority: Sec. 401; 20 U.S.C. 2401)
34 CFR 416.2 Who is eligible for an award under this program?
(a) Any individual or public or private agency, organization, or
institution may apply for an award under the program.
(b) Any individual researcher, community college, State advisory
council, or State or local educator may submit an unsolicited research
application.
(Authority: Sec. 402(a), (b)(2); 20 U.S.C. 2402(a), (b)(2))
34 CFR 416.3 What regulations apply to this program?
The following regulations apply to the National Vocational Education
Research Program:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: Secs. 401, 402; 20 U.S.C. 2401, 2402)
34 CFR 416.4 What definitions apply to this program?
The definitions in 34 CFR 400.4 apply to this program.
(Authority: Secs. 401, 402; 20 U.S.C. 2401, 2402)
34 CFR 416.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 416.10 What types of projects does the Secretary fund under this
program?
The Secretary directly, or through grants, cooperative agreements, or
contracts, funds projects of applied research on aspects of vocational
education that are specifically related to the Act, including applied
research on --
(a) Effective methods for providing quality vocational education to
handicapped individuals, disadvantaged individuals, men and women who
are entering nontraditional fields, adults who are in need of training
and retraining, individuals who are single parents or homemakers,
individuals with limited English proficiency, and individuals who are
incarcerated in correctional institutions;
(b) Strategies for coordinating local, State, and Federal vocational
education, employment training, and economic development programs to
maximize their effectiveness;
(c) Strategies for improving worker training and retraining;
(d) The constructive involvement of the private sector in public
vocational education;
(e) Successful methods of reinforcing and enhancing basic academic
skills in vocational settings;
(f) The development of curriculum materials and instructional methods
relating to new and emerging technologies, and assessments of the nature
of change in the workplace and its effect on individual jobs;
(g) The identification of institutional characteristics which improve
the preparation of youth and adults for employment;
(h) The development of effective methods for providing quality
vocational education to individuals with limited English proficiency,
including research related to bilingual vocational training; and
(i) Any other aspect of vocational education that is specifically
related to the Act.
(Authority: Sec. 402(a); 20 U.S.C. 2402(a))
(50 FR 33265, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985)
34 CFR 416.11 How does the Secretary establish priorities for this
program?
(a) The Secretary may announce, through one or more notices published
in the Federal Register, the priorities for this program, from the
topics described in 416.10.
(b) The Secretary may establish a separate competition for one or
more of the priorities selected. If a separate competition is
established for one or more priorities, the Secretary may reserve all
applications that relate to those priorities for review as part of the
separate competition.
(c) The Secretary may announce in the Federal Register the amount of
funds reserved for unsolicited research applications under this program.
(Authority: Sec. 402; 20 U.S.C. 2402)
34 CFR 416.11 Subpart C -- (Reserved)
34 CFR 416.11 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 416.30 How does the Secretary evaluate an application?
(a) (1) The Secretary evaluates an application for a grant or
cooperative agreement submitted in response to an application notice in
the Federal Register on the basis of the criteria in 416.31.
(2) The Secretary may award up to 100 points including a reserved 15
points to be distributed in accordance with paragraph (a)(4) of this
section, based on criteria in 416.31 of this part.
(3) Subject to paragraph (a)(4) of this section, the maximum possible
points for each criterion is indicated in parentheses after its heading.
(4) For each competition, as announced through an application notice
published in the Federal Register, the Secretary may assign the reserved
15 points among the criteria in 416.31 of this part.
(b) (1) The Secretary evaluates an unsolicited research application
for a grant or cooperative agreement on the basis of the following
criteria:
(i) The extent to which the aspect of applied research proposed is
specifically related to the purposes of the Act.
(ii) The extent to which the project addresses an important national
need.
(iii) The overall quality of the project, including, as appropriate,
the quality of its design and management plan, the quality of key
personnel, the adequacy of the applicant's resources, and the
cost-effectiveness of the project.
(iv) The likelihood that the project will make an important
contribution to vocational education.
(2) The criteria in paragraph (b)(1) of this section are not subject
to 34 CFR 75.201(a).
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 402; 20 U.S.C. 2402)
34 CFR 416.31 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate each
application submitted in response to an application notice:
(a) National need. (20 Points)
(1) The Secretary reviews each application to what extent it
addresses a national need in vocational education.
(2) The Secretary looks for information that shows the extent to
which the project would make a contribution of national significance, as
measured by factors such as --
(i) The need for the project in relation to any program priority
announced in the Federal Register; and
(ii) The likelihood that the project will make an important
contribution to vocational education.
(b) Plan of operation. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(c) Quality of Key personnel. (15 Points)
(1) The Secretary reviews each application for information that shows
the qualification of the key personnel the applicant plans to use on the
project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (c)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.
(d) Budget and cost effectiveness. (10 Points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget fr the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(e) Evaluation plan. (5 Points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
Cross-Reference: See EDGAR 34 CFR 75.590 (Evaluation by the
grantee).
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(f) Adequacy of resources. (5 Points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(g) Dissemination plan. (5 Points)
(1) The Secretary reviews each application for information that shows
the quality of the dissemination plan for the project.
(2) The Secretary looks for information that shows --
(i) The extent to which the project is designed to yield outcomes
that can be readily disseminated;
(ii) A clear description of the project outcomes; and
(iii) A detailed description of how information and materials will be
disseminated.
(h) Postsecondary institutions. (5 Points).
The Secretary gives preference to applications submitted by public
and private postsecondary institutions.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 402; 20 U.S.C. 2402)
34 CFR 416.32 How does the Secretary select an unsolicited application
for funding?
(a) After evaluating an unsolicited research application on the basis
of the criteria in 416.30(b), the Secretary compares that application
to any other unsolicited application the Secretary has received. If
unsolicited applications are determined to be of equal quality, the
Secretary gives a preference to one submitted by a public or private
postsecondary institution.
(b) The Secretary may fund an unsolicited research application at any
time during the fiscal year.
(Authority: Sec. 402; 20 U.S.C. 2402)
34 CFR 416.32 PART 417 -- NATIONAL CENTER FOR RESEARCH IN VOCATIONAL EDUCATION
34 CFR 416.32 Subpart A -- General
Sec.
417.1 What is the National Center for Research in Vocational
Education?
417.2 Who is eligible to apply to be the National Center?
417.3 What regulations apply to the National Center?
417.4 What definitions apply to the National Center?
34 CFR 416.32 Subpart B -- What Kinds of Activities Does the Secretary
Support at the National Center?
417.10 What kinds of activities does the National Center carry out?
34 CFR 416.32 Subpart C -- How Does One Apply to be the National
Center?
417.20 What must an application include?
34 CFR 416.32 Subpart D -- How Does the Secretary Designate the
National Center?
417.30 How does the Secretary evaluate an application?
417.31 What selection criteria does the Secretary use?
34 CFR 416.32 Subpart E -- What Conditions Must Be Met by the National
Center?
417.40 Must the National Center have a Director?
417.41 What reports must the National Center submit to the Secretary?
417.42 What activities must be performed during the fifth year of
funding?
Authority: Sec. 404 of the Carl D. Perkins Vocational Education
Act, 20 U.S.C. 2404, as enacted by Pub. L. 98-524, unless otherwise
noted.
Source: 50 FR 33267, Aug. 16, 1985, unless otherwise noted.
34 CFR 416.32 Subpart A -- General
34 CFR 417.1 What is the National Center for Research in Vocational
Education?
(a) The Secretary supports the operations of the National Center for
Research in Vocational Education (''National Center'') established by
section 404 of the Act and designated by the Secretary once every five
years.
(b) In designating the National Center, the Secretary acts with the
advice of a panel composed of individuals appointed by the Secretary who
are not Federal employees and who are recognized nationally as experts
in vocational education administration and research.
(Authority: Sec. 404; 20 U.S.C. 2404)
34 CFR 417.2 Who is eligible to apply to be the National Center?
A nonprofit entity associated with a public or private nonprofit
university which is prepared to make a substantial financial
contribution towards the establishment of the National Center is
eligible to be designated as the National Center.
(Authority: Sec. 404; 20 U.S.C. 2404)
34 CFR 417.3 What regulations apply to the National Center?
The following regulations apply to the National Center:
(a) The regulations in 34 CFR Part 400.
(b) The regulations in this part.
(Authority: Sec. 404; 20 U.S.C. 2404)
34 CFR 417.4 What definitions apply to the National Center?
The definitions in 34 CFR 400.4 apply to the National Center.
(Authority: Sec. 404; 20 U.S.C. 2404)
34 CFR 417.4 Subpart B -- What Kinds of Activities Does the Secretary Support at the National Center?
34 CFR 417.10 What kinds of activities does the National Center carry
out?
(a) (1) The primary purpose of the National Center are to design and
conduct research and development projects that are consistent with the
purposes of the Act, including --
(i) Longitudinal studies which extend over a period of years; and
(ii) Supplementary and short term activities.
(2) The National Center may conduct its research and development
projects and activities directly, or through contracts with other public
agencies and public or private institutions of higher education.
(b) The National Center shall --
(1) Conduct applied research and development on --
(i) Effective methods for providing quality vocational education to
handicapped individuals, disadvantaged individuals, men and women in
nontraditional fields, adults, individuals who are single parents or
homemakers, individuals with limited English proficiency, and
individuals who are incarcerated in correctional institutions;
(ii) The constructive involvement of the private sector in public
vocational education;
(iii) Successful methods of reinforcing and enhancing basic academic
skills in vocational settings;
(iv) The development of curriculum materials and instructional
methods relating to new and emerging technologies;
(v) Assessments of the nature of change in the workplace and its
effect on individual jobs; and
(vi) The identification of institutional characteristics which
improve the preparation of youth and adults for employment;
(2) Provide leadership development through an advanced study center;
(3) Provide in-service education activities for State and local
leaders in vocational education;
(4) Disseminate the results of the research and development projects
funded by the Center;
(5) Develop and provide information to facilitate national planning
and policy development in vocational education;
(6) Provide technical assistance to programs serving special
populations, including handicapped individuals and individuals with
limited English proficiency;
(7) Act as a clearinghouse for information on contracts or grants
made by the States to carry out research, curriculum, and personnel
development activities and on contracts or grants made by the Secretary
under Title IV of the Act. The National Center shall make available to
the States, in a reasonable manner, abstracts on research, curriculum
development, and personnel development projects;
(8) Work with States, local educational agencies, and other public
agencies in developing methods of planning and evaluating programs,
including follow-up studies of program completers, so that public
agencies can offer vocational education programs which are more closely
related to the types of jobs available in their communities, States, and
regions; and
(9) After consultation with the National Commission for Employment
Policy, report annually to the Congress, the Secretary, and the
Secretary of Labor on the extent, efficiency, and effectiveness of joint
planning and coordination under the Act and the Job Training Partnership
Act.
(c) The Secretary awards a grant annually for the operation of the
National Center.
(Authority: Sec. 404; 20 U.S.C. 2404)
34 CFR 417.10 Subpart C -- How Does One Apply to be the National Center?
34 CFR 417.20 What must an application include?
An application must describe the financial contribution the public or
private nonprofit university will make towards the establishment of the
National Center.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 404; 20 U.S.C. 2404)
34 CFR 417.20 Subpart D -- How Does the Secretary Designate the National Center?
34 CFR 417.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 417.31.
(b) The Secretary may award up to 100 points based on the criteria in
417.31.
(c) The maximum possible points for each criterion is indicated in
parentheses after the heading for each criterion.
(Authority: Sec. 404; 20 U.S.C. 2404)
34 CFR 417.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Required functions. (40 points)
The Secretary reviews each application for information that shows
that each of the required services and activities the applicant will
conduct under 417.10(b) will be of high quality and effective.
(b) Management. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the management plan.
(2) The Secretary looks for information that shows --
(i) The applicant's philosophy of management for the National Center;
(ii) How the applicant will implement that philosophy of management
in organizing the National Center, particularly with regard to the
public or private nonprofit university with which it is associated;
(iii) The applicant's plan for managing the National Center's
activities and personnel, including quality control procedures for its
activities and products and procedures for monitoring compliance with
timeliness; and
(iv) Adequate budgeting, accounting, and recordkeeping procedures.
(c) Quality of key personnel. (15 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use for
the National Center.
(2) The Secretary looks for information that shows --
(i) The qualifications of the Director;
(ii) The qualifications of each of the other key personnel to be used
for the National Center;
(iii) The time that each person referred to in paragraphs (c)(2) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
National Center, as well as other information that the applicant
provides.
(d) Vocational education experience. (10 points)
(1) The Secretary reviews each application for information that shows
the institutional experience of the applicant.
(2) The Secretary looks for information that shows --
(i) The applicant's experience in conducting applied research and
development activities in the field of vocational education of the type
described in the Act; and
(ii) The applicant's capacity for conducting applied research and
development activities in the field of vocational education of the type
described in the Act.
(e) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) Budget and cost effectiveness. (5 points)
(1) The Secretary reviews each application for information that shows
that the National Center will have an adequate budget and will be cost
effective.
(2) The Secretary looks for information that shows --
(i) The budget for the National Center is adequate to support the
project activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(g) External relations. (5 points)
(1) The Secretary reviews each application for information that shows
that the National Center will have cooperative productive relationships
with interested and affected entities.
(2) The Secretary looks for information that explains the National
Center's future relationship to --
(i) The National Commission for Employment Policy;
(ii) The advisory committee established under section 404(c) of the
Act; and
(iii) Personnel at the State and local level who are working to
improve vocational education programs, materials and curricula.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 404; 20 U.S.C. 2404)
34 CFR 417.31 Subpart E -- What Conditions Must be Met by the National Center?
34 CFR 417.40 Must the National Center have a Director?
The National Center shall have a Director who is appointed by the
university associated with the National Center and is assisted by the
advisory committee established under section 404(c) of the Act.
(Authority: Sec. 404(a)(3); 20 U.S.C. 2404(a)(3))
34 CFR 417.41 What reports must the National Center submit to the
Secretary?
(a) The National Center shall submit the following to the Secretary:
(1) Minutes of each meeting of the advisory committee established
under section 404(c) of the Act, within 30 days after each meeting.
(2) Quarterly performance reports which described the progress,
problems, and future plans for each significant activity of the National
Center, within 30 days of the end of each quarter.
(3) Quarterly financial status reports (Standard Form 269), within 30
days of the end of each quarter.
(4) Monthly exception reports which describe --
(i) Any problems, delays, or adverse conditions which materially
impair the ability of the National Center to accomplish its purposes,
along with an explanation of any action taken or contemplated to resolve
the difficulties; and
(ii) Any favorable developments which will permit the National Center
to accomplish its purposes sooner, at less cost, or more effectively
than projected.
(5) Ten copies of all substantive reports and products produced under
the grant.
(6) An annual performance report which summarizes the accomplishments
of each significant activity of the National Center during that grant
year, within 90 days of the end of the grant year. (The annual
performance report may be submitted in place of the quarterly financial
status reports under paragraph (a)(3) of this section for the fourth
quarter of each year.)
(7) A final performance report which summarizes the accomplishments
of each significant activity of the National Center during the five year
award cycle, within 90 days of the end of that cycle.
(b) The annual reporting requirement in 34 CFR 75.720(b) does not
apply to this part.
(Authority: Sec. 404; 20 U.S.C. 2404)
34 CFR 417.42 What activities must be performed during the fifth year
of funding?
During the fifth year of the award cycle, the National Center shall
develop and remain prepared to implement a contingency plan for
completing all substantive work by the end of the eleventh month of that
year and transferring all projects, services, and activities to a
successor during the twelfth month of that year.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: Sec. 404; 20 U.S.C. 2404)
34 CFR 417.42 PART 445 -- TECHNOLOGY EDUCATION DEMONSTRATION PROGRAM
34 CFR 417.42 Subpart A -- General
Sec.
445.1 What is the Technology Education Demonstration Program?
445.2 Who is eligible for an award?
445.3 What activities may the Secretary fund?
445.4 What regulations apply?
445.5 What definitions apply?
34 CFR 417.42 Subpart B -- (Reserved)
34 CFR 417.42 Subpart C -- How Does the Secretary Make an Award?
445.20 What priorities may the Secretary establish?
445.21 How does the Secretary evaluate an application?
445.22 What selection criteria does the Secretary use?
445.23 What additional factors does the Secretary consider?
445.24 May the Secretary restrict the use of funds for equipment?
34 CFR 417.42 Subpart D -- What Conditions Must Be Met after an Award?
445.30 What are the cost sharing requirements?
445.31 What other requirements must be met under this program?
Authority: 20 U.S.C. 5101 through 5106, unless otherwise noted.
Source: 56 FR 20309, May 2, 1991, unless otherwise noted.
34 CFR 417.42 Subpart A -- General
34 CFR 445.1 What is the Technology Education Demonstration Program?
The purpose of the Technology Education Demonstration Program is to
provide assistance in the development of a technologically literate
population through instructional programs in technology education. The
Secretary implements this purpose by providing assistance for no more
than ten demonstration projects to develop model programs for technology
education for secondary schools, vocational educational centers, and
community colleges.
(Authority: 20 U.S.C. 5101 and 5102)
34 CFR 445.2 Who is eligible for an award?
Local educational agencies; State educational agencies; consortia
of public and private agencies, organizations, and institutions; and
institutions of higher education are eligible for a direct grant under
this program.
Cross-Reference: See 34 CFR 75.127 through 75.129, Group
Applications.
(Authority: 20 U.S.C. 5102)
34 CFR 445.3 What activities may the Secretary fund?
The Secretary provides grants for projects to develop model programs
for technology education that, to the extent practicable, address the
following components:
(a) Educational course content based on --
(1) An organized set of concepts, processes, and systems that is
uniquely technological and relevant to the changing needs of the
workplace; and
(2) Fundamental knowledge about the development of technology and its
effect on people, the environment, and culture.
(b) Instructional content drawn from the introduction to technology
education courses in one or more of the following areas:
(1) Communication -- efficiently using resources to transfer
information to extend human potential.
(2) Construction -- efficiently using resources to build structures
on a site.
(3) Manufacturing -- efficiently using resources to extract and
convert raw or recycled materials into industrial and consumer goods.
(4) Transportation -- efficiently using resources to obtain time and
place utility and to attain and maintain direct physical contact and
exchange among individuals and societal units through movement of
materials, goods, and people.
(c) Assisting students in developing insight, understanding, and
application of technological concepts, processes, and systems.
(d) Educating students in the safe and efficient use of tools,
materials, machines, processes, and technical concepts.
(e) Developing student skills, creative abilities, confidence, and
individual potential in using technology.
(f) Developing student problem-solving and decision-making abilities
involving technological systems.
(g) Preparing students for lifelong learning in a technological
society.
(h) Activity oriented laboratory instruction that reinforces abstract
concepts with concrete experiences.
(i) An institute for the purpose of developing teacher capability in
the area of technology education.
(j) Research and development of curriculum materials for use in
technology education programs.
(k) Multidisciplinary teacher workshops for the integration of
mathematics, science, and technology education.
(l) Employment of a curriculum specialist to provide technical
assistance for the program.
(m) Stressing basic remedial skills in conjunction with training and
automation literacy, robotics, computer-aided design, and other areas of
computer-integrated manufacturing technology.
(n) A combined emphasis on ''know-how'' and the ''ability-to-do'' in
carrying out technological work.
(Authority: 20 U.S.C. 5102(b))
34 CFR 445.4 What regulations apply?
The following regulations apply to the Technology Education
Demonstration Program:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR Part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations).
(2) 34 CFR Part 75 (Direct Grant Programs).
(3) 34 CFR Part 77 (Definitions that Apply to Department
Regulations).
(4) 34 CFR Part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR Part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(6) 34 CFR Part 81 (General Education Provisions Act -- Enforcement).
(7) 34 CFR Part 82 (New Restrictions on Lobbying).
(8) 34 CFR Part 85 (Government-wide Debarment and Suspension
(Nonprocurement) and Government-wide Requirements for Drug-Free
Workplace (Grants)).
(9) 34 CFR Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this Part 445.
(Authority: 20 U.S.C. 5101 through 5106)
34 CFR 445.5 What definitions apply?
(a) Definition in the Act. The following term used in this part is
defined in section 6116 of the Act:
Technology education means a comprehensive educational process
designed to develop a population that is knowledgeable about technology,
its evolution, systems, techniques, utilization in industry and other
fields, and social and cultural significance.
(b) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
Budget
EDGAR
Grant
Grantee
Private
Project
Public
Secondary
school
Secretary
Subgrant
State
State
educational agency
(c) Other definitions. The following definitions also apply to this
part:
Act means Title VI, subtitle B, chapter 2 of Public Law 100-418, the
Omnibus Trade and Competitiveness Act of 1988 (20 U.S.C. 5101 through
5106).
Institution of Higher Education has the same meaning given to that
term in section 1201(a) of the Higher Education Act of 1965.
Local educational agency has the same meaning given to that term in
34 CFR 77.1(c) and includes any other public educational institution or
agency having administrative control and direction of a vocational
education program.
(Authority: 20 U.S.C. 5101 through 5106)
34 CFR 445.5 Subpart B -- (Reserved)
34 CFR 445.5 Subpart C -- How Does the Secretary Make an Award?
34 CFR 445.20 What priorities may the Secretary establish?
(a) The Secretary may announce through one or more notices published
in the Federal Register the priorities for this program, if any,
selected from the list of priorities described in paragraphs (b), (c)
and (d) of this section.
(b) To the extent feasible, priority is given to demonstration
projects that develop model programs that address the largest number of
components listed in paragraphs (a) through (k) of 445.3.
(c) Priority may be given to projects that address one or more of the
components listed in 445.3.
(d) Priority may also be given to projects that address one or more
of the areas of communication, construction, manufacturing,
transportation, power, and energy.
(Authority: 20 U.S.C. 5102)
34 CFR 445.21 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant on the basis
of the criteria in 445.22.
(b) The Secretary may award up to 100 points, including a reserved 10
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 445.22.
(c) Subject to paragraph (d) of this section, the maximum possible
score for each criterion is indicated in parentheses after the heading
for each criterion.
(d) For each competition as announced in a notice published in the
Federal Register, the Secretary may assign the reserved 10 points among
the criteria in 445.22.
(Authority: 20 U.S.C. 5103)
34 CFR 445.22 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria to evaluate an
application:
(a) Educational significance of the proposed demonstration project.
(15 points) The Secretary reviews each application to determine how well
it meets the purposes of the Technology Education Demonstration Program,
including --
(1) A clear description of what the proposed project intends to
demonstrate;
(2) A clear description of how the proposed project will improve
programs in technology education and will promote the development of a
technologically literate population; and
(3)(i) If the proposed project will demonstrate an existing model,
empirical data that shows the effectiveness of the proposed model; or
(ii) If the proposed project will demonstrate a new model, a clear
description of how the proposed model could be adapted in other
educational settings.
(b) Project objectives. (10 points) The Secretary reviews each
application to determine the extent to which the project objectives --
(1) Are appropriate for the achievement of the purpose of the
Technology Education Demonstration Program; and
(2) Are attainable and measurable.
(c) Plan of operation. (25 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
proposed project, including --
(1) The quality of the design of the project;
(2) The extent to which the plan of management is effective, ensures
proper and efficient administration of the project, and includes
timelines that show starting and ending dates for all tasks, activities,
and significant events;
(3) Specific procedures that clearly describe how the project's
objectives will be accomplished;
(4) The way the applicant plans to use its resources and personnel to
achieve each objective;
(5) A clear description of the manner in which project activities
will be coordinated, to the extent practicable, with programs under the
Job Training Partnership Act, the Carl D. Perkins Vocational and
Applied Technology Education Act Amendments of 1990; and other Acts
related to the purposes of the Technology Education Demonstration
Program; and
(6) If the proposed project will provide instruction to students, a
description of how the applicant will ensure that project participants
who are otherwise eligible to participate are selected without regard to
race, color, national origin, gender, age, or handicapping condition.
(d) Quality of key personnel. (10 points)
(1) The Secretary reviews each application to determine the quality
of key personnel the applicant plans to use on the proposed project,
including --
(i) The qualifications and experience of the project director;
(ii) The documentation of the project director's availability at the
start of the project and a time commitment to the project of at least
fifty percent;
(iii) The qualifications and experience of each of the other key
personnel to be used on the project;
(iv) The time that each person referred to in paragraphs (d)(1) (i)
and (iii) of this section will commit to the project; and
(v) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition.
(2) To determine personnel qualifications under paragraphs (d)(1) (i)
and (iii) of this section, the Secretary considers --
(i) Experience and training in fields related to the objectives of
the project;
(ii) Experience and training in project management; and
(iii) Any other qualifications that pertain to the project.
(e) Budget and cost effectiveness. (5 points) The Secretary reviews
each application to determine the extent to which --
(1) The proposed expenditures for each budget category are justified
in a budget narrative; and
(2) Costs are necessary and reasonable, and budget category totals
are itemized.
(f) Evaluation plan. (15 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the plan --
(1) Includes specific procedures for --
(i) A formative evaluation to help guide and improve the project;
and
(ii) A summative evaluation;
(2) Includes a description of the quantifiable data to be collected
based on the project objectives, including, as appropriate, information
on --
(i) The demographic characteristics of individual participants and
the schools they attend;
(ii) The services provided to participants, including information on
duration, intensity, and costs;
(iii) The characteristics, background, and training of staff used in
the project; and
(iv) The implementation of the project, including any obstacles to
implementation and how those obstacles were overcome;
(3) Specifies the procedures to be used in data collection, including
the frequency with which data will be collected;
(4) Describes how the data will be analyzed, including the
statistical techniques to be used; and
(5) Describes how achievement of project objectives will be measured,
including the empirical measures that will be used to measure progress
toward each of the stated project objectives.
(g) Dissemination plan. (10 points) The Secretary reviews each
application to determine the quality of the dissemination plan for the
project, including --
(1) A description of the materials, product(s), packages, or
handbooks the applicant plans to make available;
(2) A clear description of the dissemination procedures; and
(3) Provisions for publicizing the findings of the project at the
local, State, and national levels, as appropriate.
(Approved by the Office of Management and Budget under OMB control
number 1830-0511)
(Authority: 20 U.S.C. 5103)
34 CFR 445.23 What additional factors does the Secretary consider?
In addition to the criteria in 445.22 --
(a) The Secretary considers whether funding a particular applicant
would contribute to the equitable geographical distribution of projects
funded under this program; and
(b) The Secretary may consider whether funding a particular applicant
would contribute to the funding of a variety of approaches to technology
education.
(Authority: 20 U.S.C. 5103(c))
34 CFR 445.24 May the Secretary restrict the use of funds for
equipment?
The Secretary may restrict the amount of Federal funds made available
for equipment purchases to a certain percentage of the total grant for a
project. The Secretary may announce, through a notice published in the
Federal Register, the percentage of Federal project funds that may be
used for the purchase of equipment.
(Authority: 20 U.S.C. 5101 through 5106)
34 CFR 445.24 Subpart D -- What Conditions Must Be Met after an Award?
34 CFR 445.30 What are the cost sharing requirements?
(a) The Federal share of the total cost for a technology education
demonstration project may not exceed 65 percent of the total cost of the
project.
(b) At least ten percent of the total cost of the project must be
provided from contributions from the private sector.
(c) Non-Federal contributions may be in cash or fairly valued in-kind
contributions, including facilities, overhead, personnel, and equipment.
Cross-Reference: See 34 CFR Part 74, Subpart G -- Cost Sharing or
Matching and 34 CFR 80.24.
(Authority: 20 U.S.C. 5102(c))
34 CFR 445.31 What other requirements must be met under this program?
(a) Grantees shall ensure that Federal funds made available under
this program are used to supplement and, to the extent practicable,
increase the amount of State and local funds that would in the absence
of those Federal funds be made available for the uses specified in this
program, and in no case supplant those State or local funds.
(b) Grantees shall make reports in the form and containing the
information the Secretary may require, including --
(1) A final report; and
(2) A handbook that describes the procedures others may follow to
replicate the project.
(c) Grantees shall ensure that any products or evaluation reports
produced by their projects are in a form that can be disseminated to
benefit the training of teachers, other instructional personnel,
counselors, and administrators.
(Approved by the Office of Management and Budget under OMB control
number 1830-0511)
(Authority: 20 U.S.C. 5103(b) and 5104)
34 CFR 445.31 PART 460 -- ADULT EDUCATION -- GENERAL PROVISIONS
Sec.
460.1 What is the purpose of the Adult Education Act?
460.2 What programs are authorized by the Adult Education Act?
460.3 What regulations apply to the adult education programs?
460.4 What definitions apply to the adult education programs?
Authority: 20 U.S.C. 1201 et seq., unless otherwise noted.
Source: 54 FR 34409, Aug. 18, 1989, unless otherwise noted.
Redesignated at 57 FR 24091, June 5, 1992.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 460 was
redesignated from part 425, effective either 45 days after publication
in the Federal Register or later if Congress takes certain adjournments.
The Department of Education will publish a document in the Federal
Register at a later date, announcing the effective date.
34 CFR 460.1 What is the purpose of the Adult Education Act?
The purpose of the Adult Education Act (the Act) is to assist the
States to --
(a) Improve educational opportunities for adults who lack the level
of literacy skills requisite to effective citizenship and productive
employment;
(b) Expand and improve the current system for delivering adult
education services, including delivery of these services to
educationally disadvantaged adults; and
(c) Encourage the establishment of adult education programs that will
--
(1) Enable adults to acquire the basic educational skills necessary
for literate functioning;
(2) Provide adults with sufficient basic education to enable them to
benefit from job training and retraining programs and obtain and retain
productive employment so that they might more fully enjoy the benefits
and responsibilities of citizenship; and
(3) Enable adults who so desire to continue their education to at
least the level of completion of secondary school.
(Authority: 20 U.S.C. 1201)
34 CFR 460.2 What programs are authorized by the Adult Education Act?
The following programs are authorized by the Act:
(a) Adult Education State-administered Basic Grant Program (34 CFR
part 426).
(b) State-administered Workplace Literacy Program (34 CFR part 433).
(c) State-administered English Literacy Program (34 CFR part 434).
(d) State Literacy Resource Centers Program (34 CFR part 464).
(e) National Workplace Literacy Program (34 CFR part 432).
(f) National Workforce Literacy Strategies Program (34 CFR part 473).
(g) National English Literacy Demonstration Program for Individuals
of Limited English Proficiency (34 CFR part 435).
(h) Adult Migrant Farmworker and Immigrant Education Program (34 CFR
part 436).
(i) National Adult Literacy Volunteer Training Program (34 CFR part
437).
(j) State Program Analysis Assistance and Policy Studies Program (34
CFR part 438).
(k) Functional Literacy for State and Local Prisoners Program (34 CFR
part 489).
(l) Life Skills for State and Local Prisoners Program (34 CFR part
490).
(Authority: 20 U.S.C. 1201 et seq.)
(54 FR 34409, Aug. 18, 1989. Redesignated and amended at 57 FR 24091,
June 5, 1992)
Effective Date Note: At 57 FR 24091, June 5, 1992, part 460 was
redesignated from part 425. The newly redesignated 460.2 was amended
by redesignating paragraph (b) as paragraph (e), paragraphs (c) and (d)
as paragraphs (b) and (c), respectively, and paragraphs (e) through (h)
as paragraphs (g) through (j), respectively, and by adding new
paragraphs (d), (f), (k), and (l), effective either 45 days after
publication in the Federal Register or later if Congress takes certain
adjournments.
34 CFR 460.3 What regulations apply to the adult education programs?
The following regulations apply to the adult education programs:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations).
(2) 34 CFR part 75 (Direct Grant Programs) applies to parts 472, 473,
474, 475, 476, 477, 489, and 490, except that 34 CFR 75.720(b),
regarding the frequency of certain reports, does not apply.
(3) 34 CFR part 76 (State-Administered Programs) applies to parts
461, 462, 463, and 464, except that 34 CFR 76.101 (The general State
application) does not apply.
(4) 34 CFR part 77 (Definitions that Apply to Department
Regulations).
(5) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(6) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(7) 34 CFR part 81 (General Education Provisions Act -- Enforcement).
(8) 34 CFR part 82 (New Restrictions on Lobbying).
(9) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)).
(10) 34 CFR part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 460.
(c) The regulations in 34 CFR parts 461, 462, 463, 464, 472, 473,
474, 475, 476, 477, 489, and 490.
(Authority: 20 U.S.C. 1201 et seq.)
(57 FR 24091, June 5, 1992)
Effective Date Note: At 57 FR 24091, June 5, 1992, part 460 was
redesignated from part 425. The newly redesignated 460.3 was revised,
effective either 45 days after publication in the Federal Register or
later if Congress takes certain adjournments. The text remaining in
effect until further notice appears below.
425.3 What regulations apply to the adult education programs?
The following regulations apply to the adult education programs:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations) for grants,
including cooperative agreements, to institutions of higher education,
hospitals, and nonprofit organizations.
(2) 34 CFR part 75 (Direct Grant Programs) (applicable to parts 432,
435, 436, 437, and 438).
(3) 34 CFR part 76 (State-administered Programs) (applicable to parts
426, 433, and 434), except that 34 CFR 76.101 (The general State
application) does not apply.
(4) 34 CFR part 77 (Definitions that Apply to Department
Regulations).
(5) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(6) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments) for grants,
including cooperative agreements, to State and local governments,
including Indian tribal organizations.
(7) 34 CFR part 81 (General Education Provisions Act -- Enforcement).
(8) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)).
(b) The regulations in this part 425.
(c) The regulations in 34 CFR parts 426, 432, 433, 434, 435, 436,
437, and 438.
(Authority: 20 U.S.C. 1201 et seq.)
34 CFR 460.4 What definitions apply to the adult education programs?
(a) Definitions in the Act. The following terms used in regulations
for adult education programs are defined in sections 312 and 326(b) of
the Act:
Academic education
Adult
Adult education
Community-based organization
Community school program
Correctional institution
Criminal offender
Educationally disadvantaged adult
English literacy program
Institution of higher education
Local educational agency
Out-of-school youth
Private industry council
State
State educational agency
(b) Definitions in EDGAR. The following terms used in regulations
for adult education programs are defined in 34 CFR 77.1:
Applicant
Application
Award
Budget
Budget period
Contract
ED
EDGAR
Fiscal year
Grant
Grantee
Nonprofit
Private
Project
Project period
Public
Secretary
Subgrant
Subgrantee
(c) Other definitions. The following definitions also apply to
regulations for adult education programs:
Act means the Adult Education Act (20 U.S.C. 1201 et seq.).
Adult basic education means instruction designed for an adult who --
(1) Has minimal competence in reading, writing, and computation;
(2) Is not sufficiently competent to meet the educational
requirements of adult life in the United States; or
(3) Is not sufficiently competent to speak, read, or write the
English language to allow employment commensurate with the adult's real
ability.
If grade level measures are used, adult basic education includes
grades 0 through 8.9.
Adult secondary education means instruction designed for an adult who
--
(1) Is literate and can function in everyday life, but is not
proficient; or
(2) Does not have a certificate of graduation (or its equivalent)
from a school providing secondary education.
If using grade level measures, adult secondary education includes
grades 9 through 12.9.
Adults with Limited English proficiency, persons with limited English
proficiency, individuals of limited English proficiency, and limited
English proficient adults mean individuals who --
(1) Were not born in the United States or whose native language is a
language other than English;
(2) Come from environments where a language other than English is
dominant; or
(3) Are American Indian or Alaska Natives and who come from
environments where a language other than English has had a significant
impact on their level of English language proficiency; and
(4) Who, by reason thereof, have sufficient difficulty speaking,
reading, writing, or understanding the English language to deny these
individuals the opportunity to learn successfully in classrooms where
the language of instruction is English or to participate fully in our
society.
(Authority: 20 U.S.C. 3283(a)(1))
Governor includes the chief executive officer of a State that does
not have a Governor.
Homeless or homeless adult:
(1) The terms mean an adult lacking a fixed, regular, and adequate
nighttime residence as well as an individual having a primary nighttime
residence that is --
(i) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill);
(ii) An institution that provides a temporary residence for
individuals intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.
(2) The terms do not include any adult imprisoned or otherwise
detained pursuant to an Act of the Congress or a State law.
(Authority: 42 U.S.C. 11301)
Immigrant means any refugee admitted or paroled into this country or
any alien except one who is exempt under the provisions of the
Immigration and Nationality Act, as amended.
(Authority: 8 U.S.C. 1101(a)(15))
Institutionalized individual means an adult, as defined in the Act,
who is an inmate, patient, or resident of a correctional, medical, or
special institution.
Literacy means an individual's ability to read, write, and speak in
English, compute, and solve problems, at levels of proficiency necessary
to function on the job and in society, to achieve one's goals, and to
develop one's knowledge and potential.
Migrant farmworker means a person who has moved within the past 12
months from one school district to another -- or, in a State that is
comprised of a single school district, has moved from one school
administrative area to another -- to enable him or her to obtain
temporary or seasonal employment in any activity directly related to --
(1) The production or processing of crops, dairy products, poultry,
or livestock for initial commercial sale or as a principal means of
personal subsistence;
(2) The cultivation or harvesting of trees; or
(3) Fish farms.
Outreach means activities designed to --
(1) Inform educationally disadvantaged adult populations of the
availability and benefits of the adult education program;
(2) Actively recruit these adults to participate in the adult
education program; and
(3) Assist these adults to participate in the adult education program
by providing reasonable and convenient access and support services to
remove barriers to their participation in the program.
Program year means the twelve-month period during which a State
operates its adult education program.
State administrative costs means costs for those management and
supervisory activities necessary for direction and control by the State
educational agency responsible for developing the State plan and
overseeing the implementation of the adult education program under the
Act. The term includes those costs incurred for State advisory councils
under section 332 of the Act, but does not include costs incurred for
such additional activities as evaluation, teacher training,
dissemination, technical assistance, and curriculum development.
(Authority: 20 U.S.C. 1201 et seq.)
(54 FR 34409, Aug. 18, 1989. Redesignated and amended at 57 FR 24091,
24092, June 5, 1992)
Effective Date Note: At 57 FR 24091, 24092, June 5, 1992, part 460
was redesignated from part 425. The newly redesignated 460.4 was
amended by adding, in alphabetical order in paragraph (a), the term
''State'', by removing the definitions of ''expansion'' and ''State'' in
paragraph (c), and by adding, in alphabetical order in paragraph (c),
definitions of the terms ''Governor'' and ''literacy'', effective either
45 days after publication in the Federal Register or later if Congress
takes certain adjournments. The text remaining in effect until further
notice appears below.
425.4What definitions apply to the adult education programs?
(c) * * *
Expansion means that the State educational agency (SEA) has increased
during the period covered by the State's four-year plan the number of
agencies, institutions, and organizations -- other than local
educational agencies -- used to provide adult education and support
services in order to increase the number of adults served, particularly
the number of typically underserved adults participating in the adult
education program, such as educationally disadvantaged adults,
individuals of limited English proficiency, and adults with handicaps.
State means any of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory
of the Pacific Islands (Republic of Palau), the Northern Mariana
Islands, and the Virgin Islands.
(Authority: 20 U.S.C. 1201a(7) and 48 U.S.C. 1681)
34 CFR 460.4 PART 461 -- ADULT EDUCATION STATE-ADMINISTERED BASIC GRANT PROGRAM
34 CFR 460.4 Subpart A -- General
Sec.
461.1 What is the Adult Education State-administered Basic Grant
Program?
461.2 Who is eligible for an award?
461.3 What are the general responsibilities of the State educational
agency?
461.4 What regulations apply?
461.5 What definitions apply?
34 CFR 460.4 Subpart B -- How Does a State Apply for a Grant?
461.10 What documents must a State submit to receive a grant?
461.11 How is the State plan developed?
461.12 What must the State plan contain?
461.13 What procedures does a State use to submit its State plan?
461.14 When are amendments to a State plan required?
34 CFR 460.4 Subpart C -- How Does the Secretary Make a Grant to a
State?
461.20 How does the Secretary make allotments?
461.21 How does the Secretary make reallotments?
461.22 What criteria does the Secretary use in approving a State's
description of efforts relating to program reviews and evaluations?
461.23 How does the Secretary approve State plans and amendments?
34 CFR 460.4 Subpart D -- How Does a State Make an Award to an Eligible
Recipient?
461.30 Who is eligible for a subgrant or contract?
461.31 How does a State award funds?
461.32 What are programs for corrections education and education for
other institutionalized adults?
461.33 What are special experimental demonstration projects and
teacher training projects?
34 CFR 460.4 Subpart E -- What Conditions Must Be Met by a State?
461.40 What are the State and local administrative costs
requirements?
461.41 What are the cost-sharing requirements?
461.42 What is the maintenance of effort requirement?
461.43 Under what circumstances may the Secretary waive the
maintenance of effort requirement?
461.44 How does a State request a waiver of the maintenance of effort
requirement?
461.45 How does the Secretary compute maintenance of effort in the
event of a waiver?
461.46 What requirements for program reviews and evaluations must be
met by a State?
34 CFR 460.4 Subpart F -- What Are the Administrative Responsibilities
of a State?
461.50 What are a State's responsibilities regarding a State advisory
council on adult education and literacy?
461.51 What are the membership requirements of a State advisory
council?
461.52 What are the responsibilities of a State advisory council?
461.53 May a State establish an advisory body other than a State
advisory council?
Authority: 20 U.S.C. 1201 et seq., unless otherwise noted.
Source: 57 FR 24092, June 5, 1992, unless otherwise noted.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 461 was
redesignated from part 426, and revised, effective either 45 days after
publication in the Federal Register or later if Congress takes certain
adjournments. The Department of Education will publish a document in
the Federal Register at a later date, announcing the effective date.
34 CFR 460.4 Subpart A -- General
34 CFR 461.1 What is the Adult Education State-administered Basic Grant
Program?
The Adult Education State-administered basic Grant Program (the
program) is a cooperative effort between the Federal Government and the
States to provide adult education. Federal funds are granted to the
States on a formula basis. Based on need and resources available,
States fund local programs of adult basic education, programs of adult
secondary education, and programs for adults with limited English
proficiency.
(Authority: 20 U.S.C. 1203)
34 CFR 461.2 Who is eligible for an award?
State educational agencies (SEAs) are eligible for awards under this
part.
(Authority: 20 U.S.C. 1203)
34 CFR 461.3 What are the general responsibilities of the State
educational agency?
(a) A State that desires to participate in the program shall
designate the SEA as the sole State agency responsible for the
administration and supervision of the program under this part.
(b) The SEA has the following general responsibilities:
(1) Development, submission, and implementation of the State
application and plan, and any amendments to these documents.
(2) Evaluation of activities, as described in section 352 of the Act
and 461.46.
(3) Consultation with the State advisory council, if a State advisory
council has been established under section 332 of the Act and 461.50.
(4) Consultation with other appropriate agencies, groups, and
individuals involved in the planning, administration, evaluation, and
coordination of programs funded under the Act.
(5)(i) Assignment of personnel as may be necessary for State
administration of programs under the Act.
(ii) The SEA must ensure that -- (A) These personnel are sufficiently
qualified by education and experience; and
(B) There is a sufficient number of these personnel to carry out the
responsibilities of the State.
(6) If the State imposes any rule or policy relating to the
administration and operation of programs under the Act (including any
rule or policy based on State interpretation of any Federal law,
regulation, or guidance), the SEA shall identify the rule or policy as a
State-imposed requirement.
(7) By July 25, 1993, development and implementation, in consultation
with a widely representative group of appropriate experts, educators,
and administrators, of indicators of program quality to be used to
evaluate programs assisted under this part, as required by section 352
of the Act and 461.46, to determine whether those programs are
effective, including whether those programs are successfully recruiting,
retaining, and improving the literacy skills of the individuals served
under those programs.
(Authority: 20 U.S.C. 1205 (a) and (b)
34 CFR 461.4 What regulations apply?
The following regulations apply to the program:
(a) The regulations in this part 461.
(b) The regulations in 34 CFR part 460.
(Authority: 20 U.S.C. 1201 et seq.)
34 CFR 461.5 What definitions apply?
(a) The definitions in 34 CFR 460.4 apply to this part.
(b) For the purposes of this part, ''State'' includes the Federated
States of Micronesia and the Republic of the Marshall Island.
(Authority: 20 U.S.C. 1201 et seq.)
34 CFR 461.5 Subpart B -- How Does a State Apply for a Grant?
34 CFR 461.10 What documents must a State submit to receive a grant?
An SEA shall submit the following to the Secretary as one document:
(a) A State plan, developed once every four years, that meets the
requirements of the Act and contains the information required in
461.12.
(b) A State application consisting of program assurances, signed by
an authorized official of the SEA, to provide that --
(1) The SEA will provide such methods of administration as are
necessary for the proper and efficient administration of the Act;
(2) Federal funds granted to the State under the Act will be used to
supplement, and not supplant, the amount of State and local funds
available for uses specified in the Act;
(3) Programs, services, and activities funded in accordance with the
uses specified in section 322 of the Act are designed to expand or
improve the quality of adult education programs, including programs for
educationally disadvantaged adults, to initiate new programs of high
quality, or, if necessary, to maintain programs;
(4) The SEA will provide such fiscal control and fund accounting
procedures as may be necessary to ensure proper disbursement of, and
accounting for, Federal funds paid to the State (including Federal funds
paid by the State to eligible recipients under the Act);
(5) The SEA has instituted policies and procedures to ensure that
copies of the State plan and all statements of general policy, rules,
regulations, and procedures will be made available to the public;
(6) The SEA will comply with the maintenance of effort requirements
in section 361(b) of the Act;
Cross-Reference: See 461.42 What is the maintenance of effort
requirement?
(7) Adults enrolled in adult basic education programs, including
programs for adults with limited English proficiency, will not be
charged tuition, fees, or any other charges, or be required to purchase
any books or any other materials that are needed for participation in
the program;
(8) The SEA may use not more than 20 percent of the funds granted to
the State under the Act for programs of equivalency for a certificate of
graduation from secondary school;
(9) As may be required by the Secretary, the SEA will report
information concerning special experimental demonstration projects and
teacher training projects supported under section 353 of the Act; and
(10) The SEA annually will report information abut the State's adult
education students, programs, expenditures, and goals, as may be
required by the Secretary. (Approved by the Office of Management and
Budget under control number 1830-0026.)
(Authority: 20 U.S.C. 1203a(b)(2), 1206(a), 1206b, 1207a, 1208, and
1209(b))
34 CFR 461.11 How is the State plan developed?
In formulating the State plan, the SEA shall --
(a) Meet with and utilize the State advisory council, if a council is
established under section 332 of the Act and 461.50;
(b) After providing appropriate and sufficient notice to the public,
conduct at least two public hearings in the State for the purpose of
affording all segments of the public, including groups serving
educationally disadvantaged adults, and interested organizations and
groups, an opportunity to present their views and make recommendations
regarding the State plan;
(c) Make a thorough assessment of --
(1) The needs of adults, including educationally disadvantaged
adults, eligible to be served as well as adults proposed to be served
and those currently served by the program; and
(2) The capability of existing programs and institutions to meet
those needs; and
(d) State the changes and improvements required in adult education to
fulfill the purposes of the Act and the options for implementing these
changes and improvements. (Approved by the Office of Management and
Budget under control number 1830-0026.)
(Authority: 20 U.S.C. 1206a(a)(1) and (2), (b))
34 CFR 461.12 What must the State plan contain?
(a) Consistent with the assessment described in 461.11(c), a State
plan must, for the four-year period covered by the plan --
(1) Describe the adult education needs of all segments of the adult
population in the State identified in the assessment, including the
needs of those adults who are educationally disadvantaged:
(2) Describe and provide for the fulfillment of the literacy needs of
individuals in the State;
(3) Set forth measurable goals for improving literacy levels,
retention in literacy programs, and long-term learning gains of
individuals in the State and describe a comprehensive approach for
achieving those goals, including the development of indicators of
program quality as required by section 331(a)(2) of the Act and
461.3(b)(7).
(4) Describe the curriculum, equipment, and instruments that are
being used by instructional personnel in programs and indicate how
current these elements are;
(5) Describe the means by which the delivery of adult education
services will be significantly expanded (including efforts to reach
typically underserved groups such as educationally disadvantaged adults,
individuals of limited English proficiency, and adults with
disabilities) through coordination by agencies, institutions, and
organizations including the public school system, businesses, labor
unions, libraries, institutions of higher education, public health
authorities, employment or training programs, antipoverty programs,
organizations providing assistance to the homeless, and community and
voluntary organizations;
(6) Describe the means by which representatives of the public and
private sectors were involved in the development of the State plan and
how they will continue to be involved in the implementation of the plan,
especially in the expansion of the delivery of adult education services
by cooperation and collaboration with those public and private agencies,
institutions, and organizations;
(7) Describe the capability of existing programs and institutions to
meet the needs described in paragraph (a)(1) of this section, including
the other Federal and non-Federal resources available to meet those
needs;
(8) Describe the outreach activities that the State intends to carry
out during the period covered by the plan, including specialized efforts
-- such as flexible course schedules, auxiliary aids and services,
convenient locations, adequate transportation, and child care services
-- to attract and assist meaningful participation in adult education
programs;
(9)(i) Describe the manner in which the SEA will provide for the
needs of adults of limited English proficiency or no English proficiency
by providing programs designed to teach English and, as appropriate, to
allow these adults to progress effectively through the adult education
program or to prepare them to enter the regular program of adult
education as quickly as possible.
(ii) These programs may, to the extent necessary, provide instruction
in the native language of these adults or may provide instruction
exclusively in English.
(iii) These programs must be carried out in coordination with
programs assisted under the Bilingual Education Act and with bilingual
vocational education programs under the Carl D. Perkins Vocational and
Applied Technology Education Act;
(10) Describe how the particular education needs of adult immigrants,
the incarcerated, adults with disabilities, the chronically unemployed,
homeless adults, the disadvantaged, and minorities in the State will be
addressed;
(11)(i) Describe the progress the SEA has made in achieving the goals
set forth in each State plan subsequent to the initial State plan filed
in 1989; and
(ii) Describe how the assessment of accomplishments and the findings
of program reviews and evaluations required by section 352 of the Act
and 461.46 were considered in establishing the State's goals for adult
education in the plan being submitted;
(12) Describe the criteria the SEA will use in approving applications
by eligible recipients and allocating funds made available under the Act
to those recipients;
(13) Describe the methods proposed for joint planning and
coordination of programs carried out under the Act with programs
conducted under applicable Federal and State programs, including the
Carl D. Perkins Vocational and Applied Technology Education Act, the
Job Training Partnership Act, the Rehabilitation Act of 1973, the
Individuals with Disabilities Education Act, the Immigration Reform and
Control Act of 1986, the Higher Education Act of 1965, and the Domestic
Volunteer Service Act, to ensure maximum use of funds and to avoid
duplication of services;
(14) Describe the steps taken to utilize volunteers, particularly
volunteers assigned to the Literacy Corps established under the Domestic
Volunteer Service Act and volunteers trained in programs carried out
under section 382 of the Act and 34 CFR part 476, but only to the extent
that those volunteers supplement and do not supplant salaried employees;
(15) Describe the measures to be taken to ensure that adult education
programs, services, and activities under the Act will take into account
the findings of program reviews and evaluations required by section 352
of the Act and 461.46;
Cross-Reference: See 461.22. What criteria does the Secretary use
in approving a State's description of efforts relating to program
reviews and evaluation?
(16) Report the amount of administrative funds to be spent on program
improvements;
(17) Contain assurances that financial assistance provided under this
part is used to assist and expand existing programs and to develop new
programs for --
(i) Adults whose lack of basic skills renders them unemployable;
(ii) Adults whose lack of basic skills keeps them, whether employed
or unemployed, from functioning independently in society; and
(iii) Adults whose lack of basic skills severely reduces their
ability to have a positive effect on the literacy of their children;
(18) Describe the SEA's policies, procedures, and activities for
carrying out special experimental demonstration projects and teacher
training projects that meet the requirements of 461.33;
(19) Describe the SEA's policies, procedures, and activities for
carrying out corrections education and education for other
institutionalized adults that meet the requirements of 461.32;
(20) Describe the SEA's planned use of Federal funds for
administrative costs under 461.40(a), including any planned
expenditures for a State advisory council under 461.50.
Note: An additional source of funding exists under section 356(g) of
the Act and 34 CFR part 464, but need not be reported under this
paragraph.
and
(21) Include a summary of recommendations received and the SEA's
responses to the recommendations made through the State plan development
process required under 461.11(b).
(b) Each State plan must provide assurance that public or private
non-profit entities eligible under 461.30 -- local educational
agencies, public or private nonprofit agencies, community-based
organizations, correctional education agencies, postsecondary
educational institutions, institutions that serve educationally
disadvantaged adults, and any other institution that has the ability to
provide literacy services to adults and families -- will be provided
direct and equitable access to all Federal funds provided under this
part, including --
(1) The right to submit applications directly to the SEA for those
funds; and
(2) Use by the SEA of a process for selecting recipients of those
funds that gives each agency, institution, and organization a fair
chance of receiving an award.
(c) To be eligible to participate in the State-administered Workplace
Literacy Program under section 371(b) of the Act, an SEA shall comply
with the requirements in 34 CFR 462.10.
(d) To be eligible to participate in the State-administered English
Literacy Program under section 372(a) of the Act, an SEA shall comply
with the requirements in 34 CFR 463.10.
(e) In order for a State, or the local recipients within the State,
to be eligible to apply for funds under the Adult Migrant Farmworker and
Immigrant Education Program under section 381 of the Act and 34 CFR part
475, an SEA shall describe the types of projects appropriate for meeting
the educational needs of adult migrant farm workers and immigrants under
section 381 of the Act.
(Approved by the Office of Management and Budget under control number
1830-0026)
(Authority: 20 U.S.C. 1203a(a)(1); 1204; 1205(c); 1206a(a)(2),
(b)(1)(B), (c), (d); 1208; 1211(b)(3)(A); 1211a(a)(2); and 1213(a))
34 CFR 461.13 What procedures does a State use to submit its State
plan?
(a) An SEA shall submit its State plan to the Secretary not later
than 90 days prior to the first program year for which the plan is in
effect.
(b)(1) Not less than sixty days prior to submitting the State plan to
the Secretary, the SEA shall give the State advisory council, if one is
established under section 332 of the Act and 461.50, an opportunity to
review and comment on the plan.
(2) The SEA shall respond to all timely and substantive objections of
the State advisory council and include with the State plan a copy of
those objections and its response.
(c)(1) Not less than sixty days prior to submitting the State plan to
the Secretary, the SEA shall give the following entities an opportunity
to review and comment on the plan:
(i) The State board or agency for vocational education.
(ii) The State Job Training Coordinating Council under the Job
Training Partnership Act.
(iii) The State board or agency for postsecondary education.
(2) Comments (to the extent those comments are received in a timely
fashion) of entities listed in paragraph (c)(1) of this section and the
SEA's response must be included with the State plan.
(Approved by the Office of Management and Budget under control number
1830-0026)
(Authority: 20 U.S.C. 1206(b) and 1206a(a)(3) (A) and (B))
34 CFR 461.14 When are amendments to a State plan required?
(a) General. If an amendment to the State plan is necessary, the SEA
shall submit the amendment to the Secretary not later than 90 days prior
to the program year of operation to which the amendment applies.
(b) Indicators of program quality. Each SEA shall amend its plan by
July 25, 1993, to include the indicators of program quality required by
section 331 of the Act and 461.3(b)(7). Cross-Reference: See 34 CFR
76.140-76.142 Amendments.
(Approved by the Office of Management and Budget under control number
1830-0026)
(Authority: 20 U.S.C. 1207(a))
34 CFR 461.14 Subpart C -- How Does the Secretary Make a Grant to a State?
34 CFR 461.20 How does the Secretary make allotments?
The Secretary determines the amount of each State's grant according
to the formula in section 313(b) of the Act.
(Authority: 20 U.S.C. 1201b(b))
34 CFR 461.21 How does the Secretary make reallotments?
(a) Any amount of any State's allotment under section 313(b) of the
Act that the Secretary determines is not required, for the period the
allotment is available, for carrying out that State's plan, is
reallotted to other States on dates that the Secretary may fix.
(b) The Secretary determines any amounts to be reallotted on the
basis of --
(1) Reports, filed by the States, of the amounts required to carry
out their State plans; and
(2) Other information available to the Secretary.
(c) Reallotments are made to other States in proportion to those
State's original allotments for the fiscal year in which allotments
originally were made, unless the Secretary reduces a State's
proportionate share by the amount the Secretary estimates will exceed
the sum the State needs and will be able to use under its plan.
(d) The total of any reductions made under paragraph (c) of this
section is reallotted among those States whose proportionate shares were
not reduced.
(e)(1) Any amount reallotted to a State during a fiscal year is
deemed part of the State's allotment for that fiscal year.
(2) A reallotment of funds from one State to another State does not
extend the period of time in which the funds must be obligated.
(Authority: 20 U.S.C. 1201b(c))
34 CFR 461.22 What criteria does the Secretary use in approving a
State's description of efforts relating to program reviews and
evaluations?
The Secretary considers the following criteria in approving a State's
description of efforts relating to program reviews and evaluations under
section 342(c)(13) of the Act and 461.12(a)(15):
(a) The extent to which the State will have effective procedures for
using the findings of program reviews and evaluations to identify, on a
timely basis, those programs, services, and activities under the Act
that are not meeting the educational goals set forth in the State plan
and approved applications of eligible recipients.
(b) The adequacy of the State's procedures for effecting timely
changes that will enable programs, services, and activities identified
under paragraph (a) of this section to meet the educational goals in the
State plan and approved applications of eligible recipients.
(c) The extent to which the State will continue to review those
programs, activities, and services, and affect further changes as
necessary to meet those educational goals.
(Approved by the Office of Management and Budget under control number
1830-0501)
(Authority: 20 U.S.C. 1206a(c)(13) and 1207a)
34 CFR 461.23 How does the Secretary approve State plans and
amendments?
(a) The Secretary approves, within 60 days of receipt, a State plan
or amendment that the Secretary determines complies with the applicable
provisions of the Act and the regulations in this part.
(b) In approving a State plan or amendment, the Secretary considers
any information submitted in accordance with 461.13 (b) and (c).
(c) The Secretary notifies the SEA, in writing, of the granting or
withholding of approval.
(d) The Secretary does not finally disapprove a State plan or
amendment without first affording the State reasonable notice and
opportunity for a hearing.
(Authority: 20 U.S.C. 1206(b), 1206a(a)(3), and 1207(b))
34 CFR 461.23 Subpart D -- How Does a State Make an Award to an Eligible Recipient?
34 CFR 461.30 Who is eligible for a subgrant or contract?
(a) The following public or private nonprofit entities are eligible
to apply to the SEA for an award:
(1) A local educational agency (LEA).
(2) A public or private nonprofit agency.
(3) A correctional education agency.
(4) A community-based organization.
(5) A postsecondary educational institution.
(6) An institution that serves educationally disadvantaged adults.
(7) Any other institution that has the ability to provide literacy
services to adults and families.
(b) A public or private nonprofit entity listed in paragraph (a) of
this section may apply on behalf of a consortium that includes a
for-profit agency, organization, or institution that can make a
significant contribution to attaining the objectives of the Act.
(c)(1) Each State shall also use an amount of funds provided under
this part, as determined by the State given the State's needs and
resources for adult education, for competitive 2-year grants to public
housing authorities for literacy programs and related activities. Any
public housing authority that receives a grant under this paragraph
shall consult with local adult education providers in conducting
programs and activities with assistance provided under the grant. Any
grant provided under this paragraph is referred to as a ''Gateway
Grant.''
(2) For the purposes of this part, ''public housing authority'' means
a public housing agency, as defined in 42 U.S.C. 1437a(b)(6), that
participates in public housing, as defined in 42 U.S.C. 1437a(b)(1).
(Authority: 20 U.S.C. 1203a(a)(1), (2), (3)(A))
34 CFR 461.31 How does a State award funds?
(a) In selecting local recipients, an SEA shall give preference to
those local applicants that have demonstrated or can demonstrate a
capability to recruit and serve educationally disadvantaged adults,
particularly in areas with a high proportion of adults who do not have a
certificate of graduation from a school providing secondary education or
its equivalent.
(b) An SEA shall award funds on the basis of applications submitted
by eligible recipients.
(c) In reviewing a local application, an SEA shall determine that the
application contains the following:
(1) A description of current programs, activities, and services
receiving assistance from Federal, State, and local sources that provide
adult education in the geographic area proposed to be served by the
applicant.
(2) A description of cooperative arrangements (including arrangements
with business, industry, and volunteer literacy organizations as
appropriate) that have been made to deliver services to adults.
(3) Assurances that the adult educational programs, services, or
activities that the applicant proposes to provide are coordinated with
and do not duplicate programs, services, or activities made available to
adults under other Federal, State, and local programs, including the Job
Training Partnership Act, the Carl D. Perkins Vocational and Applied
Technology Education Act, the Rehabilitation Act of 1973, the
Individuals with Disabilities Education Act, the Indian Education Act,
the Higher Education Act of 1965, and the Domestic Volunteer Service
Act.
(4) The projected goals of the applicant with respect to participant
recruitment, retention, and educational achievement and how the
applicant will measure and report progress in meeting its goals.
(5) Any other information the SEA considers necessary.
(d) In determining which programs receive assistance, the SEA shall
consider --
(1) The past effectiveness of applicants in providing services
(especially with respect to recruitment and retention of educationally
disadvantaged adults and the learning gains demonstrated by those
adults);
(2) The degree to which the applicant will coordinate and utilize
other literacy and social services available in the community; and
(3) The commitment of the applicant to serve individuals in the
community who are most in need of literacy services.
(e) In reviewing a local application, an SEA may consider the extent
to which the application --
(1) Identifies the needs of the population proposed to be served by
the applicant;
(2) Proposes activities that are designed to reach educationally
disadvantaged adults;
(3) Describes a project that gives special emphasis to adult basic
education;
(4) Describes adequate outreach activities, such as --
(i) Flexible schedules to accommodate the greatest number of adults
who are educationally disadvantaged;
(ii) Location of facilities offering programs that are convenient to
large concentrations of the adult populations identified by the State in
its four-year State plan or how the locations of facilities will be
convenient to public transportation; and
(iii) The availability of day care and transportation services to
participants in the project;
(5) Describes proposed programs, activities, and services that
address the identified needs;
(6) Describes the resources available to the applicant -- other than
Federal and State adult education funds -- to meet those needs (for
example, funds provided under the Job Training Partnership Act, the Carl
D. Perkins Vocational and Applied Technology Education Act, the
Rehabilitation Act of 1973, the Individuals with Disabilities Education
Act, the Indian Education Act, the Higher Education Act of 1965, or the
Domestic Volunteer Service Act, and local cash or in-kind
contributions); and
(7) Describes project objectives that can be accomplished within the
amount of the applicant's budget request.
(f) An SEA may not approve an application for a consortium that
includes a for-profit agency, organization or institution unless the
State has first determined that --
(1) The for-profit entity can make a significant contribution to
attaining the objectives of the Act; and
(2) The public or private nonprofit agency, organization, or
institution will enter into a contract with the for-profit agency,
organization, or institution for the establishment or expansion of
programs.
(g) If an SEA awards funds to a consortium that includes a for-profit
agency, organization, or institution, the award must be made directly to
the public or private nonprofit agency, organization, or institution
that applies on behalf of the consortium.
(Approved by the Office of Management and Budget under control number
1830-0501)
(Authority: 20 U.S.C. 1203a(a) and 1206a(c)(4))
34 CFR 461.32 What are programs for corrections education and education
for other institutionalized adults?
(a) An SEA shall use not less than 10 percent of its grant for
educational programs for criminal offenders in corrections institutions
and for other institutionalized adults. Those programs may include --
(1) Academic programs for -- (i) Basic education with special
emphasis on reading, writing, vocabulary, and arithmetic;
(ii) Special education, as defined by State law;
(iii) Bilingual education or English-as-a-second-language
instruction; and
(iv) Secondary school credit;
(2) Vocational training programs;
(3) Library development and library service programs;
(4) Corrections education programs, including training for teacher
personnel specializing in corrections education, such as courses in
social education, basis skills instruction, and abnormal psychology;
(5) Guidance and counseling programs;
(6) Supportive services for criminal offenders, with special emphasis
on the coordination of educational services with agencies furnishing
services to criminal offenders after their release; and
(7) Cooperative programs with educational institutions,
community-based organizations of demonstrated effectiveness, and the
private sector, that are designed to provide education and training.
(b)(1) An SEA shall establish its own statewide criteria and
priorities for administering programs for corrections education and
education for other institutionalized adults.
(2) The SEA shall determine that an application proposing a project
under paragraph (a) of this section contains the information in
461.31(c) and any other information the SEA considers necessary.
(Authority: 20 U.S.C. 1203a(b)(1) and 1204)
34 CFR 461.33 What are special experimental demonstration projects and
teacher training projects?
(a) In accordance with paragraph (b) of this section, an SEA shall
use at least 15 percent of its grant for --
(1) Special projects that -- (i) Will be carried out in furtherance
of the purposes of the Act;
(ii) Will be coordinated with other programs funded under the Act;
and
(iii)(A) Involve the use of innovative methods (including methods for
educating adults with disabilities, homeless adults, and adults of
limited English proficiency), systems, materials, or programs that may
have national significance or will be of special value in promoting
effective programs under the Act; or
(B) Involve programs of adult education, including education for
adults with disabilities, homeless adults, and adults of limited English
proficiency, that are part of community school programs, carried out in
cooperation with other Federal, State, or local programs that have
unusual promise in promoting a comprehensive or coordinated approach to
the problems of adults with educational deficiencies; and
(2)(i) Training persons engaged, or preparing to engage, as personnel
in programs designed to carry out the purposes of the Act; and
(ii) Training professional teachers, volunteers, and administrators,
with particular emphasis on --
(A) Training -- (1) Full-time professional adult educators;
(2) Minority adult educators; and
(3) Educators of adults with limited English proficiency; and
(B) Training teachers to recognize and more effectively serve
illiterate individuals with learning disabilities and individuals who
have reading ability below the fifth grade level.
(b) An SEA shall use at least --
(1) 10 percent of its grant for the purposes in paragraph (a)(2) of
this section; and
(2) Five percent of its grant for the purposes in paragraph (a)(1) or
(a)(2) of this section, or both.
(c)(1) An SEA shall establish its own statewide criteria and
priorities for providing and administering special experimental
demonstration projects and teacher training projects.
(2) The SEA shall determine that an application proposing a project
under paragraph (a) of this section contains --
(i) The information in 461.31(c); and
(ii) Any other information the SEA considers necessary.
(Authority: 20 U.S.C. 1208)
34 CFR 461.33 Subpart E -- What Conditions Must be Met by a State?
34 CFR 461.40 What are the State and local administrative costs
requirements?
(a)(1) Beginning with the fiscal year 1991 grant (a grant that is
awarded on or after July 1, 1991 from funds appropriated in the fiscal
year 1991 appropriation), an SEA may use no more than 5 percent of its
grant or $50,000 -- whichever is greater -- for necessary and reasonable
State administrative costs.
(2) For grants awarded from funds appropriated for fiscal years prior
to fiscal year 1991 (grants awarded before July 1, 1991), an SEA may
determine what percent of its grant is necessary and reasonable for
State administrative costs.
(b)(1) At least 95 percent of an eligible recipient's award from the
SEA must be expended for adult education instructional activities.
(2) The remainder may be used for local administrative costs --
noninstructional expenses, including planning, administration,
evaluation, personnel development, and coordination -- that are
necessary and reasonable.
(3) If the administrative cost limits under paragraph (b)(2) of this
section are insufficient for adequate planning, administration,
evaluation, personnel development, and coordination of programs
supported under the Act, the SEA shall negotiate with local grant
recipients in order to determine an adequate level of funds to be used
for noninstructional purposes.
(Authority: 20 U.S.C. 1203b and 1205(c))
34 CFR 461.41 What are the cost-sharing requirements?
(a) The Federal share of expenditures made under a State plan for any
of the 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico may not exceed --
(1) 90 percent of the costs of programs carried out with the fiscal
year 1988 grant (a grant that is awarded on or after July 1, 1988 from
funds appropriated in the fiscal year 1988 appropriation);
(2) 90 percent of the costs of programs carried out with the fiscal
year 1989 (a grant that is awarded on or after July 1, 1989 from funds
appropriated in the fiscal year 1989 appropriation);
(3) 85 percent of the costs of programs carried out with the fiscal
year 1990 grant (a grant that is awarded on or after July 1, 1990 from
funds appropriated in the fiscal year 1990 appropriation);
(4) 80 percent of the costs of programs carried out with the fiscal
year 1991 grant (a grant that is awarded on or after July 1, 1991 from
funds appropriated in the fiscal year 1991 appropriation); and
(5) 75 percent of the costs of programs carried out with the fiscal
year 1992 grant (a grant that is awarded on or after July 1, 1992 from
funds appropriated in the fiscal year 1992 appropriation) and from each
grant thereafter.
(b) The Federal share for American Samoa, Guam, the Northern Mariana
Islands, the Federated States of Micronesia, the Republic of the
Marshall Islands, Palau, and the Virgin Islands is 100 percent.
(c) The Secretary determines the non-Federal share of expenditures
under the State plan by considering --
(1) Expenditures from State, local, and other non-Federal sources for
programs, services, and activities of adult education, as defined in the
Act, made by public or private entities that receive from the State
Federal funds made available under the Act or State funds for adult
education; and
(2) Expenditures made directly by the State for programs, services,
and activities of adult education as defined in the Act.
(Authority: 20 U.S.C. 1209(a); 48 U.S.C. 1681)
34 CFR 461.42 What is the maintenance of effort requirement?
(a) Basic standard. (1)(i) Except as provided in 461.43, a State is
eligible for a grant from appropriations for any fiscal year only if the
Secretary determines that the State has expended for adult education
from non-Federal sources during the second preceding fiscal year (or
program year) an amount not less than the amount expended during the
third preceding fiscal year (or program year).
(ii) The Secretary determines maintenance of effort on a per student
expenditure basis or on a total expenditure basis.
(2) For purposes of determining maintenance of effort, the ''second
preceding fiscal year (or program year)'' is the fiscal year (or program
year) two years prior to the year of the grant for which the Secretary
is determining the State's eligibility. The ''third preceding fiscal
year (or program year)'' is the fiscal year (or program year) three
years prior to the year of the grant for which the Secretary is
determining the State's eligibility.
34 CFR 461.42 Example
Computation based on fiscal year. If a State chooses to use the
fiscal year as the basis for its maintenance of effort computations, the
Secretary determines whether a State is eligible for the fiscal year
1992 grant (a grant that is awarded on or after July 1, 1992 from funds
appropriated in the fiscal year 1992 appropriation) by comparing
expenditures from the second preceding fiscal year -- fiscal year 1990
(October 1, 1989-September 30, 1990) -- with expenditures from the third
preceding fiscal year -- fiscal year 1989 (October 1, 1988-September 30,
1989). If there has been no decrease in expenditures from fiscal year
1989 to fiscal year 1990, the State has maintained effort and is
eligible for its fiscal year 1992 grant.
Computation based on program year. If a State chooses to use a
program year running from July 1 to June 30 as the basis for its
maintenance of effort computation, the Secretary determines whether a
State is eligible for funds for the fiscal year 1992 grant by comparing
expenditures from the second preceding program year -- program year 1990
(July 1, 1989-June 30, 1990) -- with expenditures from the third
preceding program year -- program year 1989 (July 1, 1988-June 30,
1989). If there has been no decrease in expenditures from program year
1989 to program year 1990, the State has maintained effort and is
eligible for its fiscal year 1992 grant.
(b) Expenditures to be considered. In determining a State's
compliance with the maintenance of effort requirement, the Secretary
considers the expenditures described in 461.41(c).
(Authority: 20 U.S.C. 1209(b))
34 CFR 461.43 Under what circumstances may the Secretary waive the
maintenance of effort requirement?
(a) The Secretary may waive, for one year only, the maintenance of
effort requirement in 461.42 if the Secretary determines that a waiver
would be equitable due to exceptional or uncontrollable circumstances.
These circumstances include, but are not limited to, the following:
(1) A natural disaster.
(2) An unforeseen and precipitous decline in financial resources.
(b) The Secretary does not consider a tax initiative or referendum to
be an exceptional or uncontrollable circumstance.
(Authority: 20 U.S.C. 1209(b)(2))
34 CFR 461.44 How does a State request a waiver of the maintenance of
effort requirement?
An SEA seeking a waiver of the maintenance of effort requirement in
461.42 shall --
(a) Submit to the Secretary a request for a waiver; and
(b) Include in the request -- (1) The reason for the request; and
(2) Any additional information the Secretary may require.
(Approved by the Office of Management and Budget under control number
1830-0501)
(Authority: 20 U.S.C. 1209(b)(2))
34 CFR 461.45 How does the Secretary compute maintenance of effort in
the event of a waiver?
If a State has been granted a waiver of the maintenance of effort
requirement that allows it to receive a grant from appropriations for a
fiscal year, the Secretary determines whether the State has meet that
requirement for the grant to be awarded for the year after the year of
the waiver by comparing the amount spent for adult education from
non-Federal sources in the second preceding fiscal year (or program
year) with the amount spent in the fourth preceding fiscal year (or
program year.)
34 CFR 461.45 Example
Because exceptional or uncontrollable circumstances prevented a State
from maintaining effort in fiscal year 1990 (October 1, 1989-September
30, 1990) or in program year 1990 (July 1, 1989-June 30, 1990) at the
level of fiscal year 1989 (October 1, 1988-September 30, 1989) or
program year 1989 (July 1, 1988-June 30, 1989), respectively, the
Secretary grants the State a waiver of the maintenance of effort
requirement that permits the State to receive its fiscal year 1992 grant
(a grant that is awarded on or after July 1, 1992 from funds
appropriated in the fiscal year 1992 appropriation). In order to
determine whether a State has met the maintenance of effort requirement
and therefore is eligible to receive its fiscal year 1993 grant (the
grant to be awarded for the year after the year of the waiver), the
Secretary compares the State's expenditures from the second preceding
fiscal year (or program year -- fiscal year 1991 (October 1,
1990-September 30, 1991) or program year 1991 (July 1, 1990-June 30,
1991) -- with expenditures from the fourth preceding fiscal year --
fiscal year 1989 (October 1, 1988-September 30, 1989) or program year
1989 (July 1, 1988-June 30, 1989). If the expenditures from fiscal year
(or program year) 1991 are not less than the expenditures from fiscal
year (or program year) 1989, the State has maintained effort and is
eligible for its fiscal year 1993 grant.
(Authority: 20 U.S.C. 1209(b)(2))
34 CFR 461.46 What requirements for program reviews and evaluations
must be met by a State?
(a) An SEA shall provide for program reviews and evaluations of all
State-administered adult education programs, services, and activities it
assists under the Act. The SEA shall use its program reviews and
evaluations to assist LEAs and other recipients of funds in planning and
operating the best possible programs of adult education and to improve
the State's programs of adult education.
(b) In reviewing programs, an SEA shall, during the four-year period
of the State plan, gather and analyze data -- including standardized
test data -- on the effectiveness of State-administered adult education
programs, services, and activities to determine the extent to which --
(1) The State's adult education programs are achieving the goals in
the State plan, including the goal of serving educationally
disadvantaged adults; and
(2) Grant recipients have improved their capacity to achieve the
purposes of the Act.
(c)(1) An SEA shall, each year during the four-year period of the
State plan, evaluate in qualitative and quantitative terms the
effectiveness of programs, services, and activities conducted by at
least 20 percent of the local recipients of funds so that at the end of
that period 80 percent of all local recipients have been evaluated once.
(2) An evaluation must consider the following factors:
(i) Projected goals of the recipient as described in its application
pursuant to section 322(a)(4) of the Act and 461.31(c)(4).
(ii) Planning and content of the programs, services, and activities.
(iii) Curriculum, instructional materials, and equipment.
(iv) Adequacy and qualifications of all personnel.
(v) Achievement of the goals set forth in the State plan.
(vi) Extent to which educationally disadvantaged adults are being
served.
(vii) Extent to which local recipients of funds have improved their
capacity to achieve the purposes of the Act.
(viii) Success of the recipient in meeting the State's indicators of
program quality after those indicators are developed as required by
section 331(a)(2) of the Act and 461.3(b)(7).
(ix) Other factors that affect program operations, as determined by
the SEA.
(d)(1) Within 90 days of the close of each program year, the SEA
shall submit to the Secretary and make public within the State the
following:
(i) With respect to local recipients --
(A) The number and percentage of local educational agencies,
community-based organizations, volunteer groups, and other organizations
that are grant recipients;
(B) The amount of funds provided to local educational agencies,
community-based organizations, volunteer groups, and other organizations
that are grant recipients; and
(C) The results of the evaluations carried out as required by
paragraph (c)(1) of this section in the year preceding the year for
which the data are submitted.
(ii) The information required under 461.10(b)(10).
(iii) A report on the SEA's activities under paragraph (b) of this
section.
(iv) A report on the SEA's activities under paragraph (c) of this
section.
(2) The reports described in paragraphs (d)(1)(ii) and (iii) of this
section must include --
(i) The results of any program reviews and evaluations performed
during the program year, and a description of how the SEA used the
program reviews and evaluation process to make necessary changes to
improve programs; and
(ii) The comments and recommendations of the State advisory council,
if a council has been established under 461.50.
(e) If an SEA has established a State advisory council, the SEA shall
--
(1) Obtain approval of the plan for program reviews and evaluation
from the State advisory council; and
(2) Inform the State advisory council of the results of program
reviews and evaluations so that the State advisory council may perform
its duties under section 332(f)(7) of the Act.
Note to 461.46: In addition to the Adult Education
State-administered Basic Grant Program in this part 461,
State-administered adult education programs include the
State-administered Workplace Literacy Program (See 34 CFR part 462) and
the State-administered English Literacy Program (See 34 CFR part 463).
(Approved by the Office of Management and Budget under control number
1830-0501)
(Authority: 20 U.S.C. 1205a(f)(7) and 1207a)
34 CFR 461.46 Subpart F -- What are the Administrative Responsibilities of a State?
34 CFR 461.50 What are a State's responsibilities regarding a State
advisory council on adult education and literacy?
(a) A State that receives funds under section 313 of the Act may --
(1) Establish a State advisory council on adult education and
literacy; or
(2) Designate an existing body as the State advisory council.
(b) If a State elects to establish or designate a State advisory
council on adult education, the following provisions apply:
(1) The State advisory council must comply with 461.51 and 461.52.
(2) Members to the State advisory council must be appointed by, and
be responsible to, the Governor. The Governor shall appoint members in
accordance with section 332(e) of the Act.
(3) Costs incurred for a State advisory council that are paid for
with funds under this part must be counted as part of the allowable
State administrative costs under the Act.
(4) The Governor of the State shall determine the amount of funding
available to a State advisory council.
(5) A State advisory council's staffing may include professional,
technical, and clerical personnel as may be necessary to enable the
council to carry out its functions under the Act.
(6) Members of a State advisory council and its staff, while serving
on the business of the council, may receive subsistence, travel
allowances, and compensation in accordance with State law and
regulations and State practices applicable to persons performing
comparable duties and services.
(Authority: 20 U.S.C. 1205a(a)(1), (d)(1), (e))
34 CFR 461.51 What are the membership requirements of a State advisory
council?
(a)(1) The membership of a State advisory council must be broadly
representative of citizens and groups within the State having an
interest in adult education and literacy. The council must consist of
--
(i) Representatives of public education;
(ii) Representatives of private and public sector employment;
(iii) Representatives of recognized State labor organizations;
(iv) Representatives of private literacy organizations, voluntary
literacy organizations, and community-based literacy organizations;
(v) The Governor of a State, or the designee of the Governor;
(vi) Representatives of --
(A) The SEA;
(B) The State job training agency;
(C) The State human services agency;
(D) The State public assistance agency;
(E) The State library program; and
(F) The State economic development agency;
(vii) Officers of the State government whose agencies provide funding
for literacy services or who may be designated by the Governor or the
Chairperson of the council to serve whenever matters within the
jurisdiction of the agency headed by such an officer are to be
considered by the council; and
(viii) Classroom teachers who have demonstrated outstanding results
in teaching children or adults to read.
(2) The State shall ensure that there is appropriate representation
on the State advisory council of --
(i) Urban and rural areas;
(ii) Women;
(iii) Persons with disabilities; and
(iv) Racial and ethnic minorities.
(b)(1) A State shall certify to the Secretary the establishment of,
and membership of, its State advisory council.
(2) The certification must be submitted to the Secretary prior to the
beginning of any program year in which the State desires to receive a
grant under the Act.
(c) Members must be appointed for fixed and staggered terms and may
serve until their successors are appointed. Any vacancy in the
membership of the council must be filled in the same manner as the
original appointment. Any member of the council may be removed for
cause in accordance with procedures established by the council.
(Approved by the Office of Management and Budget under control number
1830-0501)
(Authority: 20 U.S.C. 1205a (a)(1), (b), (c), and (e))
34 CFR 461.52 What are the responsibilities of a State advisory
council?
(a) Subject to paragraphs (b) and (c) of this section, the State
advisory council shall determine its own procedures, staffing needs
(subject to funding levels authorized by the Governor of the State), and
the number, time, place, and conduct of meetings.
(b) The State advisory council shall meet at least four times each
year. At least one of those meetings must provide an opportunity for
the genral public to express views concerning adult education in the
State.
(c) One member more than one-half of the members on the council
constitute a quorum for the purpose of transmitting recommendations and
proposals to the Governor of the State, but a lesser number of members
may constitute a quorum for other purposes.
(d) A state advisory council shall -- (1) Meet with the State
agencies responsible for literacy training during the planning year to
advise on the development of a State plan for literacy and for adult
education that fulfills the literacy and adult educations needs of the
State, especially with respect to the needs of the labor market,
economic development goals, and the needs of the individuals in the
State;
(2) Advise the Governor, the SEA, and other State agencies concerning
--
(i) The development and implementation of measurable State literacy
and adult education goals consistent with section 342(c)(2) of the Act,
especially with respect to --
(A) Improving levels of literacy in the State by ensuring that all
appropriate State agencies have specific objectives and strategies for
those goals in a comprehensive approach;
(B) Improving literacy programs in the State; and
(C) Fulfilling the long-term literacy goals of the State;
(ii) The coordination and monitoring of State literacy training
programs in order to progress toward the long-term literacy goals of the
State;
(iii) The improvement of the quality of literacy programs in the
State by supporting the integration of services, staff training, and
technology-based learning and the integration of resources of literacy
programs conducted by various agencies of State government; and
(iv) Private sector initiatives that would improve adult education
programs and literacy programs, especially through public-private
partnerships;
(3) Review and comment on the plan submitted pursuant to section
356(h) of the Act and submit those comments to the Secretary;
(4) Measure progress on meeting the goals and objectives established
pursuant to paragraph (d)(2)(i) of this section;
(5) Recommend model systems for implementing and coordinating State
literacy programs for replication at the local level;
(6) Develop reporting requirements, standards for outcomes,
performance measures, and program effectiveness in State program that
are consistent with those proposed by the Federal Interagency Task Force
on Literacy; and
(7)(i) Approve the plan for the program reviews and evaluations
required in section 352 of the Act and 461.46 and participate in
implementing and disseminating the program reviews and evaluations. In
approving the plan for the program reviews and evaluations, the State
advisory council shall ensure that persons knowledgeable of the daily
operation of adult education programs are involved;
(ii) Advise the Governor, the State legislature, and the general
public of the State with respect to the findings of the program reviews
and evaluations; and
(iii) Include in any reports of the program reviews and evaluations
the council's comments and recommendations.
(Approved by the Office of Management and Budget under control number
1830-0501)
(Authority: 20 U.S.C. 1205a (d) and (f), 1206a(a)(3)(B))
34 CFR 461.53 May a State establish an advisory body other than a State
advisory council?
(a) A State may establish an advisory body that is funded solely from
non-Federal sources.
(b) The advisory body described in paragraph (a) of this section is
not required to comply with the requirements of section 332 of the Act
and this part.
(c) The non-Federal funds used to support the advisory body may not
be included in the non-Federal share of expenditures described in
461.41(c).
(Authority: 20 U.S.C. 1205a and 1209)
Effective Date Note: At 57 FR 24091, June 5, 1992, part 461 was
redesignated from part 426 and revised, effective either 45 days after
publication in the Federal Register or later if Congress takes certain
adjournments. The text of part 426 remaining in effect until further
notice appears below.
34 CFR 461.53 Pt. 461, Note
PART 426 -- ADULT EDUCATION STATE-ADMINISTERED BASIC GRANT PROGRAM
Sec.
426.1 What is the Adult Education State-administered Basic Grant
Program?
426.2 Who is eligible for an award?
426.3 What are the general responsibilities of the State educational
agency?
426.4 What regulations apply to the program?
426.5 What definitions apply to the program?
426.10 What documents must a State submit to receive a grant?
426.11 How is the State plan developed?
426.12 What must the State plan contain?
426.13 What procedures does a State use to submit its State plan?
426.14 When are amendments to a State plan required?
426.20 How does the Secretary make allotments?
426.21 How does the Secretary make reallotments?
426.22 What criteria does the Secretary use in approving a State's
description of efforts relating to program reviews and evaluations?
426.23 How does the Secretary approve State plans and amendments?
426.30 Who is eligible for a subgrant or contract?
426.31 How does a State award funds?
426.32 What are programs for corrections education and education for
other institutionalized individuals?
426.33 What are special experimental demonstration projects and
teacher training projects?
426.40 What are the State and local administrative costs
requirements?
426.41 What are the cost-sharing requirements?
426.42 What is the maintenance of effort requirement?
426.43 Under what circumstances may the Secretary waive the
maintenance of effort requirement?
426.44 How does a State request a waiver of the maintenance of effort
requirement?
426.45 How does the Secretary compute maintenance of effort in the
event of a waiver?
426.46 What requirements for program reviews and evaluations must be
met by a State?
426.50 What are a State's responsibilities regarding a State advisory
council on adult education?
426.51 What are the membership requirements of a State advisory
council on adult education?
426.52 What are the responsibilities of a State advisory council on
adult education?
426.53 May a State establish an advisory body other than a State
advisory council?
Authority: 20 U.S.C. 1201 et seq., unless otherwise noted.
Source: 54 FR 34411, Aug. 18, 1989, unless otherwise noted.
34 CFR 461.53 Subpart A -- General
426.1 What is the Adult Education State-administered Basic Grant
Program?
The Adult Education State-administered Basic Grant Program (the
program) is a cooperative effort between the Federal Government and the
States to provide adult education. Federal funds are granted to the
States on a formula basis. The States fund local programs of adult
basic and secondary education based on need and resources available.
(Authority: 20 U.S.C. 1203)
426.2 Who is eligible for an award?
State Educational Agencies (SEAs) are eligible for awards under this
part.
(Authority: 20 U.S.C. 1203)
426.3 What are the general responsibilities of the State educational
agency?
(a) A State that desires to participate in the program shall
designate the SEA as the sole State agency responsible for the
administration and supervision of the program under this part.
(b) The SEA has the following general responsibilities:
(1) Development, submission, and implementation of the State
application and plan, and any amendments to these documents.
(2) Evaluation of activities, as described in section 352 of the Act
and 426.46.
(3) Consultation with the State advisory council, if a State advisory
council has been established under section 332 of the Act and 426.50.
(4) Consultation with other appropriate agencies, groups, and
individuals involved in the planning, administration, evaluation, and
coordination of programs funded under the Act.
(5)(i) Assignment of personnel as may be necessary for State
administration of programs under the Act.
(ii) The SEA must ensure that --
(A) These personnel are sufficiently qualified by education and
experience; and
(B) There is a sufficient number of these personnel to carry out the
responsibilities of the State.
(6) If the State imposes any rule or policy relating to the
administration and operation of programs under the Act (including any
rule or policy based on State interpretation of any Federal law,
regulation, or guidance), the SEA shall identify the rule or policy as a
State-imposed requirement.
(Authority: 20 U.S.C. 1205 (a) and (b))
426.4 What regulations apply to the program?
The following regulations apply to the program:
(a) The regulations in this part 426.
(b) The regulations in 34 CFR part 425.
(Authority: 20 U.S.C. 1201 et seq.)
426.5 What definitions apply to the program?
The definitions in 34 CFR 425.4 apply to this part.
(Authority: 20 U.S.C. 1201 et seq.)
34 CFR 461.53 Subpart B -- How Does a State Apply for a Grant?
426.10 What documents must a State submit to receive a grant?
An SEA shall submit the following to the Secretary as one document:
(a) A State plan, developed once every four years, that meets the
requirements of the Act and the regulations in this part.
(b) A State application consisting of program assurances, signed by
an authorized official of the SEA, to provide that --
(1) The SEA will provide such methods of administration as are
necessary for the proper and efficient administration of the Act;
(2) Federal funds granted to the State under the Act will be used to
supplement, and not supplant, the amount of State and local funds
available for uses specified in the Act;
(3) Programs, services, and activities funded in accordance with the
uses specified in section 322 of the Act are designed to expand or
improve the quality of adult education programs, including programs for
educationally disadvantaged adults, to initiate new programs of high
quality, or, where necessary, to maintain programs;
(4) The SEA will provide such fiscal control and fund accounting
procedures as may be necessary to ensure proper disbursement of, and
accounting for, Federal funds paid to the State (including such funds
paid by the State to eligible recipients under the Act);
(5) The SEA has instituted policies and procedures to ensure that
copies of the State plan and all statements of general policy, rules,
regulations, and procedures will be made available to the public;
(6) The SEA will comply with the maintenance of effort requirements
in section 361(b) of the Act;
Cross-Reference: See 426.42, What is the maintenance of effort
requirement?
(7) Adults enrolled in adult basic education programs will not be
charged tuition, fees, or any other charges, or be required to purchase
any books or any other materials that are needed for participation in
the program;
(8) The SEA may use not more than 20 percent of the funds granted to
the State under the Act for programs of equivalency for a certificate of
graduation from secondary school;
(9) As may be required by the Secretary, the SEA will report
information concerning special experimental demonstration projects and
teacher training projects supported under section 353 of the Act; and
(10) The SEA annually will report information about the State's adult
education students, programs, expenditures, and goals, as may be
required by the Secretary.
(Approved by the Office of Management and Budget under control
numbers 1830-0026 and 1830-0027)
(Authority: 20 U.S.C. 1203a(b)(2), 1206a(c) (3) and (5), 1206b,
1207a, 1208, and 1209(b))
426.11 How is the State plan developed?
In formulating the State plan, the SEA shall --
(a) Meet with and utilize the State advisory council, if a council is
established under section 332 of the Act and 426.50;
(b) After providing appropriate and sufficient notice to the public,
conduct at least two public hearings in the State for the purpose of
affording all segments of the public, including groups serving
educationally disadvantaged adults, and interested organizations and
groups an opportunity to present their views and make recommendations
regarding the State plan;
(c) Make a thorough assessment of --
(1) The needs of adults, including educationally disadvantaged
adults, eligible to be served as well as adults proposed to be served
and those currently served by the program; and
(2) The capability of existing programs and institutions to meet
those needs; and
(d) State the changes and improvements required in adult education to
fulfill the purposes of the Act and the options for implementing these
changes and improvements.
(Authority: 20 U.S.C. 1206a (a) (1) and (2), (b))
426.12 What must the State plan contain?
(a) Consistent with the assessment described in 426.11(c), a State
plan shall, for the four-year period covered by the plan, described the
following:
(1) The adult education needs of all segments of the adult population
in the State identified in the assessment, including the needs of those
adults who are educationally disadvantaged.
(2)(i)(A) The goals the SEA intends to achieve in meeting the needs
described in paragraph (a)(1) of this section for the period covered by
the plan.
(B) These goals must be designed to develop a statewide program in
which the adult populations in the State, especially adults who are
educationally disadvantaged, are served in a manner whereby they learn
most effectively; and
(ii)(A) Proposed activities, methods, and strategies for reaching
each goal, including the estimated percentages of funds under the State
plan to be allocated to each goal; and
(B) The expected outcomes of programs, services, and activities.
(3) The curriculum, equipment, and instruments that are being used by
instructional personnel in programs and how current these elements are.
(4) The means by which the delivery of adult education services will
be significantly expanded (including efforts to reach typically
underserved groups such as educationally disadvantaged adults,
individuals of limited English proficiency, and adults with handicaps)
through the use of agencies, institutions, and organizations other than
the public school system, such as businesses, labor unions, libraries,
institutions of higher education, public health authorities, employment
or training programs, antipoverty programs, organizations providing
assistance to the homeless, and community and voluntary organizations.
(5) The means by which representatives of the public and private
sectors were involved in the development of the State plan and how they
will continue to be involved in the implementation of the plan,
especially in the expansion of the delivery of adult educaton services
by cooperation and collaboration with those public and private agencies,
institutions, and organizations.
(6) The capability of existing programs and institutions to meet the
needs described in paragraph (a)(1) of this section, including the other
Federal and non-Federal resources available to meet those needs.
(7) The outreach activities that the State intends to carry out
during the period covered by the plan, including specialized efforts --
such as flexible course schedules, auxiliary aids and services,
convenient locations, adequate transportation, and child care services
-- to attract and assist meaningful participation in adult education
programs.
(8)(i) The manner in which the SEA will provide for the needs of
adults of limited English proficiency or no English proficiency by
providing programs designed to teach English and, as appropriate, to
allow these adults to progress effectively through the adult education
program or to prepare them to enter the regular program of adult
education as quickly as possible.
(ii) These programs may, to the extent necessary, provide instruction
in the native language of these adults or may provide instruction
exclusively in English.
(iii) These programs must be carried out in coordination with
programs assisted under the Bilingual Education Act and with bilingual
vocational education programs under the Carl D. Perkins Vocational
Education Act.
(9) How the particular educational needs of adult immigrants, the
incarcerated, adults with handicaps, the chronically unemployed,
homeless adults, the disadvantaged, and minorities in the State will be
addressed.
(10)(i) The progress the SEA has made in achieving the goals set
forth in each State plan subsequent to the initial State plan filed in
1989; and
(ii) How the assessment of accomplishments and the findings of
program reviews and evaluations required by section 352 of the Act and
426.46 were considered in establishing the State's goals for adult
education in the plan being submitted.
(11) The progress the SEA expects to make in achieving the purposes
of the Act during the four-year period of the plan.
(12) The criteria the SEA will use in approving applications by
eligible recipients and allocating funds made available under the Act to
those recipients.
(13) The methods proposed for joint planning and coordination with
programs conducted under applicable Federal and State programs,
including the Carl D. Perkins Vocational Education Act, the Job
Training Partnership Act, the Rehabilitation Act of 1973, the Educaton
of the Handicapped Act, the Immigration Reform and Control Act of 1986,
the Higher Education Act of 1965, and the Domestic Volunteer Service
Act, to ensure maximum use of funds and to avoid duplication of
services.
(14) The steps taken to utilize volunteers, particularly volunteers
assigned to the Literacy Corps established under the Domestic Volunteer
Service Act and volunteers trained in programs carried out under section
382 of the Act and 34 CFR part 437, but only to the extent that such
volunteers supplement and do not supplant salaried employees.
(15) The measures to be taken to ensure that adult education
programs, services, and activities under the Act will take into account
the findings of program reviews and evaluations required by 426.46.
Cross-Reference: See 34 CFR 426.22
(16) The SEA's policies, procedures, and activities for carrying out
special experimental demonstration projects and teacher training
projects that meet the requirements of 426.33.
(17) The SEA's policies, procedures, and activities for carrying out
corrections education and education for other institutionalized adults
tht meet the reqiurements of 426.32.
(18) The SEA's planned use of Federal funds for administrative costs
under 426.40(a), including any planned expenditures for a State
advisory council under 426.50.
(19) An SEA shall provide a summary of recommendations received and
the SEA's responses to the recommendations made through the State plan
development process required under 426.11(b).
(b) A SEA that is prohibited by State law from awarding Federal funds
by subgrant or contract to public or private agencies, organizations, or
institutions, other than local educational agencies, shall describe in
its State plan --
(1) The legal basis of this prohibition; and
(2) How public or private agencies, organizations, or institutions
will otherwise be used for expanding the delivery of services.
(c) To be eligible to participate in the State-administered Workplace
Literacy Program under section 371(b) of the Act, a SEA shall comply
with the requirements in 34 CFR 433.10.
(d) To be eligible to participate in the State-administered English
Literacy Program under section 372(a) of the Act, a SEA shall comply
with the requirements in 34 CFR 434.10.
(e) In order for a State, or the local recipients within the State,
to be eligible to apply for funds under the Adult Migrant Farmworker and
Immigrant Education Program under section 381 of the Act and 34 CFR part
436, a SEA shall describe the types of projects appropriate for meeting
the educational needs of adult migrant farmworkers and immigrants under
section 381 of the Act.
(Approved by the Office of Management and Budget under control number
1830-0026)
(Authority: 20 U.S.C. 1204; 1205(c); 1206a(a)(2), (b)((1)(B), (c),
(d); 1208; 1211(b)(3)(A); 1211a(a)(2); and 1213(a))
426.13 What procedures does a State use to submit its State plan?
(a) A SEA shall submit its State plan to the Secretary not later than
90 days prior to the first program year for which the plan is in effect.
(b)(1) Not less than sixty days prior to submitting the State plan to
the Secretary, the SEA shall give the State advisory council, if one is
established under section 332 of the Act and 426.50, an opportunity to
review and comment on the plan.
(2) The SEA shall respond to all timely and substantive objections of
the State advisory council and include with the State plan a copy of its
response.
(c)(1) Not less than sixty days prior to submitting the State plan to
the Secretary, the SEA shall give the following entities an opportunity
to review and comment on the plan:
(i) State board or agency for vocational education.
(ii) State Job Training Coordinating Council under the Job Training
Partnership Act.
(iii) State board or agency for postsecondary education.
(2) Comments (to the extent those comments are received in a timely
fashion) of entities listed in paragraph (c)(1) of this section and the
SEA's response must be included with the State plan.
(Approved by the Office of Management and Budget under control number
1830-0026)
(Authority: 20 U.S.C. 1206(b) and 1206a(a)(3) (A) and (B))
426.14 When are amendments to a State plan required?
If an amendment to the State plan is necessary, the amendment must be
submitted to the Secretary not later than 90 days prior to the program
year of operation to which the amendment applies.
Cross-Reference: See 34 CFR 76.140
(Approved by the Office of Management and Budget under control number
1830-0026)
(Authority: 20 U.S.C. 1207(a))
34 CFR 461.53 Subpart C -- How Does the Secretary Make a Grant to a
State?
426.20 How does the Secretary make allotments?
The Secretary determines the amount of each State's grant according
to the formula in section 313(b) of the Act.
(Authority: 20 U.S.C. 1201b(b))
426.21 How does the Secretary make reallotments?
(a) Any amount of any State's allotment under section 313(b) of the
Act that the Secretary determines is not required, for the period the
allotment is available, for carrying out that State's plan, is
reallotted to other States on dates that the Secretary may fix.
(b) The Secretary determines any amounts to be reallotted on the
basis of --
(1) Reports, filed by the States, of the amounts required to carry
out their State plans; and
(2) Other information available to the Secretary.
(c) Reallotments are made to other States in proportion to those
States' original allotments for the fiscal year in which allotments
originally were made, unless the Secretary reduces a State's
proportionate share by the amount the Secretary estimates will exceed
the sum the State needs and will be able to use under its plan.
(d) The total of any reductions made under paragraph (c) of this
section is reallotted among those States whose proportionate shares were
not reduced.
(e)(1) Any amount reallotted to a State during a fiscal year is
deemed part of the State's allotment for that fiscal year.
(2) A reallotment of funds from one State to another State does not
extend the period of time in which the funds must be obligated.
(Authority: 20 U.S.C. 1201b(c))
426.22 What criteria does the Secretary us in approving a State's
description of efforts relating to program reviews and evaluations?
The Secretary considers the following criteria in approving a State's
description of efforts relating to program reviews and evaluations under
section 342(c)(13) of the Act and 426.12(a)(15):
(a) The extent to which the State will have effective procedures for
using the findings of program reviews and evaluations to identify, on a
timely basis, those programs, services, and activities under the Act
that are not meeting the educational goals set forth in the State plan
and approved applications of eligible recipients.
(b) The adequacy of the State's procedures for effecting timely
changes that will enable programs, services, and activities identified
under paragraph (a) of this section to meet the educational goals in the
State plan and approved applications of eligible recipients.
(c) The extent to which the State will continue to review those
programs, activities, and services, and effect further changes as
necessary to meet those educational goals.
(Approved by the Office of Management and Budget under control number
1830-0510)
(Authority: 20 U.S.C. 1206a(c)(13) and 1207a)
426.23 How does the Secretary approve State plans and amendments?
(a) The Secretary approves, within 60 days of receipt, a State plan
or amendment that the Secretary determines complies with the applicable
provisions of the Act and the regulations.
(b) In approving a State plan or amendment, the Secretary considers
any information submitted in accordance with 426.13 (b) and (c).
(c) The Secretary notifies the SEA, in writing, of the granting or
withholding of approval.
(d) The Secretary does not finally disapprove a State plan or
amendment without first affording the State reasonable notice and
opportunity for a hearing.
(Authority: 20 U.S.C. 1206(b), 1206a(a)(3), and 1207(b))
34 CFR 461.53 Subpart D -- How Does a State Make an Award to an
Eligible Recipient?
426.30 Who is eligible for a subgrant or contract?
The following eligible recipients may apply to the SEA for an award:
(a) A local educational agency (LEA)
(b) A public or private nonprofit agency, organization, or
institution.
(c) An LEA or public or private nonprofit agency, organization, or
institution apply on behalf of a consortium that includes a for-profit
agency, organization, or institution that can make a significant
contribution to attaining the objectives of the Act.
(Authority: 20 U.S.C. 1203a(a)(1), (2))
426.31 How does a State award funds?
(a) In selecting local recipients, if appropriations under this
program exceed the $115,367,000 appropriated in the Fiscal Year 1988
appropriation for the basic grant program, a SEA shall give preference
to those local applicants that have demonstrated or can demonstrate a
capability to recruit and serve educationally disadvantaged adults.
(b) A SEA shall award funds on the basis of applications submitted by
eligible recipients.
(c) In reviewing a local application, a SEA shall determine that the
application contains the following:
(1) A description of current programs, activities, and services
receiving assistance from Federal, State, and local sources that provide
adult education in the geographic area proposed to be served by the
applicant.
(2) A description of cooperative arrangements (including arrangements
with business, industry, and volunteer literacy organizations as
appropriate) that have been made to deliver services to adults.
(3) Assurances that the adult educational programs, services, or
activities that the applicant proposes to provide are coordinated with
and not duplicative of programs, services, or activities made available
to adults under other Federal, State, and local programs, including the
Job Training Partnership Act, the Carl D. Perkins Vocational Education
Act, the Rehabilitation Act of 1973, the Education of the Handicapped
Act, the Indian Education Act, the Higher Education Act of 1965, and the
Domestic Volunteer Service Act.
(4) Any other information the SEA considers necessary.
(d) In reviewing a local application, a SEA may consider the extent
to which the application --
(1) Identifies the needs of the population proposed to be served by
the applicant;
(2) Proposes activities that are designed to reach educationally
disadvantaged adults;
(3) Describes a project that gives special emphasis to adult basic
education;
(4) Describes adequate outreach activities, such as --
(i) Flexible schedules to accommodate the greatest number of adults
who are educationally disadvantaged;
(ii) Location of facilities offering programs that are convenient to
large concentrations of the adult populations identified by the State in
its four-year State plan or how the locations of facilities will be
convenient to public transportation; and
(iii) The availability of day care and transportation services to
participants in the project;
(5) Describes proposed programs, activities, and services that
address the identified needs;
(6) Describes the resources available to the applicant -- other than
Federal and State adult education funds -- to meet those needs (e.g.,
funds provided under the Job Training Partnership Act, the Carl D.
Perkins Vocational Education Act, the Rehabilitation Act of 1973, the
Education of the Handicapped Act, the Indian Education Act, the Higher
Education Act of 1965, or the Domestic Volunteer Service Act, and local
cash or in-kind contributions); and
(7) Describes project objectives that can be accomplished within the
amount of the applicant's budget request.
(e) An SEA may not approve an application from a public or private
agency, organization, or institution other than an LEA unless the
applicant --
(1) Provides assurance to the State that the applicable LEA, located
in the same city, county, township, school district, or other political
subdivision of the State to be served by the applicant has been
consulted;
(2) Provides the applicable LEA the opportunity to comment on the
application; and
(3) Provides the comments of the LEA and any responses as an
attachment to the application.
(f) An SEA may not approve an application from a consortium that
includes a for-profit agency, organization, or institution unless the
State has first determined that --
(1) The for-profit entity can make a significant contribution to
attaining the objectives of the Act;
(2) The LEA, or public or private nonprofit agency, organization, or
institution, will enter into a contract with the for-profit agency,
organization, or institution for the establishment or expansion of
programs; and
(3) The applicant, if not an LEA, has met the requirements of
paragraph (f) (1) through (3) of this section.
(g) If an SEA awards funds to a consortium that includes a for-profit
agency, organization, or institution, the award must be made directly to
the LEA or public or private nonprofit agency, organization, or
institution that applies on behalf of the consortium.
(Approved by the Office of Management and Budget under control number
1830-0510)
(Authority: 20 U.S.C. 1203a(a) and 1206a(c)(3))
426.32 What are programs for corrections education and education for
other institutionalized individuals?
(a) An SEA shall use not less than 10 percent of its grant for
educational programs for criminal offenders in corrections institutions
and for other institutionalized adults. Those programs may include --
(1) Academic programs for --
(i) Basic education with special emphasis on reading, writing,
vocabulary, and arithmetic;
(ii) Special education programs as defined by State law;
(iii) Bilingual or English-as-a-second-language programs; and
(iv) Secondary school credit programs;
(2) Vocational training programs;
(3) Library development and library service programs;
(4) Corrections education programs, training for teacher personnel
specializing in corrections education, particularly courses in social
education, basic skills instruction, and abnormal psychology;
(5) Guidance and counseling programs;
(6) Supportive services for criminal offenders, with special emphasis
on the coordination of educational services with agencies furnishing
services to criminal offenders after their release; and
(7) Cooperative programs with educational institutions,
community-based organizations of demonstrated effectiveness, and the
private sector that are designed to provide education and training.
(b)(1) An SEA shall establish its own statewide criteria and
priorities for administering programs for corrections education and
education for other institutionalized adults.
(2) An SEA shall determine that an application proposing a project
under paragraph (a) of this section contains the information in
426.31(c) and any other information the SEA considers necessary.
(Authority: 20 U.S.C. 1203a(a)(3), (b)(1) and 1204)
426.33 What are special experimental demonstration projects and
teacher training projects?
(a) An SEA shall use not less than 10 percent of its grant for --
(1) Special projects that will be carried out in furtherance of the
purposes of the Act, that will be coordinated with other programs funded
under the Act, and that --
(i) Involve the use of innovative methods (including methods for
educating adults with handicaps, homeless adults, and adults of limited
English proficiency), systems, materials, or programs that may have
national significance or will be of special value in promoting effective
programs under the Act; or
(ii) Involve programs of adult education, including education for
adults with handicaps, homeless adults, and adults of limited English
proficiency, which are part of community school programs, carried out in
cooperation with other Federal, State, or local programs that have
unusual promise in promoting a comprehensive or coordinated approach to
the problems of adults with educational deficiencies; and
(2) Training persons engaged, or preparing to engage, as personnel in
programs designed to carry out the purposes of the Act.
(b)(1) An SEA shall establish its own statewide criteria and
priorities for providing and administering special experimental
demonstration projects and teacher training projects.
(2) The SEA shall determine that an application proposing a project
under paragraph (a) of this section contains --
(i) The information in 426.31(c);
(ii) Plans for continuing the activities and services under the
project after completion of the project's funding under the Act; and
(iii) Any other information the SEA considers appropriate.
(Authority: 20 U.S.C. 1203a(a)(3) and 1208)
34 CFR 461.53 Subpart E -- What Conditions Must be Met by a State?
426.40 What are the State and local administrative costs
requirements?
(a)(1) Beginning with the fiscal year 1991 grant (a grant that is
awarded on or after July 1, 1991 from funds appropriated in the fiscal
year 1991 appropriation), an SEA may use no more than 5 percent of its
grant or $50,000 -- whichever is greater -- for necessary and reasonable
State administrative costs.
(2) For grants awarded from funds appropriated for fiscal years prior
to fiscal year 1991 (grants awarded before July 1, 1991), an SEA may
determine what percent of its grant is necessary and reasonable for
State administrative costs.
(b)(1) At least 95 percent of an eligible recipient's award from the
SEA must be expended for adult education instructional activities.
(2) The remainder may be used for local administrative costs --
noninstructional expenses, including planning, administration,
evaluation, personnel development, and coordination -- that are
necessary and reasonable.
(3) In cases where the administrative cost limits under paragraph
(b)(2) of this section would be insufficient for adequate planning,
administration, evaluation, personnel development, and coordination of
programs supported under the Act, the SEA shall negotiate with local
grant recipients in order to determine an adequate level of funds to be
used for noninstructional purposes.
(Authority: 20 U.S.C. 1203b, and 1205(c))
426.41 What are the cost-sharing requirements?
(a) The Federal share of expenditures made under a State plan for any
of the 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico may not exceed --
(1) 90 percent of the costs of programs carried out with the fiscal
year 1988 grant (a grant that is awarded on or after July 1, 1988 from
funds appropriated in the fiscal year 1988 appropriation);
(2) 90 percent of the cost of programs carried out with the fiscal
year 1989 grant (a grant that is awarded on or after July 1, 1989 from
funds appropriated in the fiscal year 1989 appropriation);
(3) 85 percent of the costs of programs carried out with the fiscal
year 1990 grant (a grant that is awarded on or after July 1, 1990 from
funds appropriated in the fiscal year 1990 appropriation);
(4) 80 percent of the cost of programs carried out with the fiscal
year 1991 grant (a grant that is awarded on or after July 1, 1991 from
funds appropriated in the fiscal year 1991 appropriation); and
(5) 75 percent of the costs of programs carried out with the fiscal
year 1992 grant (a grant that is awarded on or after July 1, 1992 from
funds appropriated in the fiscal year 1992 appropriation) and from each
grant thereafter.
(b) The Federal share for American Samoa, Guam, the Northern Mariana
Islands, the Trust Territory of the Pacific Islands (Republic of Palau),
and the Virgin Islands is 100 percent.
(c) The Secretary determines the non-Federal share of expenditures
under the State plan by considering --
(1) Expenditures from State, local, and other non-Federal sources for
programs, services, and activities of adult education, as defined in the
Act, made by public or private entities that receive from the State
Federal funds made available under the Act or State funds for adult
education; and
(2) Expenditures made directly by the State for programs, services,
and activities of adult education as defined in the Act.
(Authority: 20 U.S.C. 1209(a); 48 U.S.C. 1681)
426.42 What is the maintenance of effort requirement?
(a)(1)(i) Basic standard. Except as provided in 426.43, a State is
eligible for a grant from appropriations for any fiscal year, only if
the Secretary determines that the State has expended for adult education
from non-Federal sources during the second preceding fiscal year (or
program year) an amount not less than the amount expended during the
third preceding fiscal year (or program year).
(ii) The Secretary determines maintenance of effort on a per student
expenditure basis or on a total expenditure basis.
(2) Meaning of ''second and third preceding fiscal years (or program
years).'' For purposes of determining maintenance of effort, the
''second preceding fiscal year (or program year)'' is the fiscal year
(or program year) two years prior to the year of the grant for which the
Secretary is determining the State's eligibility. The ''third preceding
fiscal year (or program year)'' is the fiscal year (or program year)
three years prior to the year of the grant for which the Secretary is
determining the State's eligibility.
Computation based on fiscal year. If a State chooses to use the
fiscal year as the basis for its maintenance of effort computations, the
Secretary determines whether a State is eligible for the fiscal year
1989 grant (a grant that is awarded on or after July 1, 1989 from funds
appropriated in the fiscal year 1989 appropriation) by comparing
expenditures from the second preceding fiscal year -- year 1987 (October
1, 1986 -- September 30, 1987) -- with expenditures from the third
preceding fiscal year -- year 1986 (October 1, 1985 -- September 30,
1986). If there has been decrease in expenditures from fiscal year 1986
to fiscal year 1987, the State has maintained effort and is eligible for
its fiscal year 1989 grant.
Computation based on program year. If a State chooses to use a
program year running from July 1 to June 30 as the basis for its
maintenance of effort computation, the Secretary determines whether a
State is eligible for funds for the fiscal year 1989 grant by comparing
expenditures from the second preceding program year -- year 1987 (July
1, 1986-June 30, 1987) -- with expenditures from the third preceding
program year -- year 1986 (July 1, 1985-June 30, 1986). If there has
been no decrease in expenditures from program year 1986 to program year
1987, the State has maintained effort and is eligible for its fiscal
year 1989 grant.
(b) Expenditures to be considered. In determining a State's
compliance with the maintenance of effort requirement, the Secretary
considers the expenditures described in 426.41(c).
(Authority: 20 U.S.C. 1209(b))
426.43 Under what circumstances may the Secretary waive the
maintenance of effort requirement?
(a) The Secretary may waive, for one year only, the maintenance of
effort requirement in 426.42 if the Secretary determines that a waiver
would be equitable due to exceptional or uncontrolled circumstances.
These circumstances include, but are not limited to, the following:
(1) A natural disaster.
(2) An unforeseen and precipitous decline in financial resources.
(b) The Secretary does not consider tax initiatives or referenda to
be exceptional or uncontrollable circumstances.
(Authority: 20 U.S.C. 1209(b)(2))
426.44 How does a State request a waiver of the maintenance of
effort requirement?
An SEA seeking a waiver of the maintenance of effort requirement in
426.42 shall --
(a) Submit to the Secretary a request for a waiver; and
(b) Include in the request --
(1) The reason for the request; and
(2) Any additional information the Secretary may require.
(Approved by the Office of Management and Budget under control number
1830-0510)
(Authority: 20 U.S.C. 1209(b)(2))
426.45 How does the Secretary compute maintenance of effort in the
event of a waiver?
If a State has been granted a waiver of the maintenance of effort
requirement that allows it to receive a grant from appropriations for a
fiscal year, the Secretary determines whether the State has met that
requirement for the grant to be awarded for the year after the year of
the waiver by comparing the amount spent for adult education from
non-Federal sources in the second preceding fiscal year (or program
year) with the amount spent in the fourth preceding fiscal year (or
program year).
Because exeptional or uncontrollable circumstances prevented a State
from maintaining effort in fiscal year 1987 (October 1, 1986-September
30, 1987) -- or in a program year 1987 running from July 1, 1986-June
30, 1987 -- at the level of fiscal year 1986 (October 1, 1985-September
30, 1986) -- or program year 1986 (July 1, 1985-June 30, 1986), the
Secretary grants the State a waiver of the maintenance of effort
requirement that permits the State to receive its fiscal year 1989 grant
(a grant that is awarded on or after July 1, 1989 from funds
appropriated in the fiscal year 1989 appropriation). In order to
determine whether a State has met the maintenance of effort requirement
and therefore is eligible to receive its fiscal year 1990 grant (the
grant to be awarded for the year after the year of the waiver), the
Secretary compares the State's expenditures from the second preceding
fiscal year (or program year) -- fiscal year 1988 (October 1,
1987-September 30, 1988) or program year 1988 (July 1, 1987-June 30,
1988) -- with expenditures from the fourth preceding fiscal year (or
program year -- year 1986. If the expenditures from fiscal year (or
program year) 1988 are not less than the expenditures from fiscal year
(or program year) 1986, the State has maintained effort and is eligible
for its fiscal year 1990 grant.
(Authority: 20 U.S. 1209(b)(2))
426.46 What requirements for program reviews and evaluations must be
met by a State?
(a) An SEA shall provide for program reviews and evaluations of all
State-administered adult education programs, services, and activities it
assists under the Act. The SEA shall use its program reviews and
evaluations to assist LEAs and other recipients of funds in planning and
operating the best possible programs of adult education and to improve
the State's programs of adult education.
(b) In reviewing programs, an SEA shall, during the four-year period
of the State plan, gather and analyze data on the effectiveness of all
State-administered adult education programs, services, and activities --
including standardized test data -- to determine the extent to which --
(1) The State's adult education programs are achieving the goals in
the State plan, including the goal of serving educationally
disadvantaged adults; and
(2) Grant recipients have improved their capacity to achieve the
purposes of the Act.
(c)(1) An SEA shall, during the four-year period of the State plan,
evaluate in qualitative and quantitative terms the effectiveness of
programs, services, and activities conducted by at least one-third of
the local recipients of funds.
(2) The recipients the State evaluates must be representative of all
recipients in the State.
(3) An evaluation must consider the following factors:
(i) Planning and content of the programs, services, and activities.
(ii) Curriculum, instructional materials, and equipment.
(iii) Adequacy and qualifications of all personnel.
(iv) Effect of the program on the subsequent work experience of
participants, completers, and graduates.
(v) Achievement of the goals set forth in the State plan.
(vi) Extent to which educationally disadvantaged adults are being
served.
(vii) Extent to which local recipients of funds have improved their
capacity to achieve the purposes of the Act.
(viii) Other factors that affect program operations, as determined by
the SEA.
(d)(1) Within 90 days of the close of each program year, the SEA
shall submit the following to the Secretary:
(i) The information in 426.10(b)(10).
(ii) A report on the SEA's activities under paragraph (b) of this
section.
(iii) A report on the SEA's activities under paragraph (c) of this
section.
(2) The reports described in paragraphs (d)(1) (ii) and (iii) of this
section must include --
(i) The results of any program reviews and evaluations performed
during the program year, and a description of how the SEA used the
program review and evaluation process to make necessary changes to
improve programs; and
(ii) The comments and recommendations of the State advisory council,
if a council has been established.
(e) If an SEA has established a State advisory council on adult
education under 426.50, the SEA shall --
(1) Obtain approval of the plan for program reviews and evaluations
from the State advisory council; and
(2) Inform the State advisory council of the results of program
reviews and evaluations so that the State advisory council may perform
its duties under section 332(f)(3) of the Act.
Note to 426.46: In addition to the Adult Education
State-administered Basic Grant Program in this part 426,
State-administered adult education programs include the
State-administered Workplace literacy Program (See 34 CFR part 433) and
the State-administered English Literacy Program (See 34 CFR part 434).
(Approved by the Office of Management and Budget under control number
1830-0510)
(Authority: 20 U.S.C. 1205a(f)(3) and 1207a)
34 CFR 461.53 Subpart F -- What are the Administrative Responsibilities
of a State?
426.50 What are a State's responsibilities regarding a State
advisory council on adult education?
(a) A State that receives funds under section 313 of the Act may --
(1) Establish a State advisory council; or
(2) Designate an existing body as the State advisory council.
(b) If a State elects to establish or designate a State advisory
council on adult education, the following provisions apply:
(1) The State advisory council must comply with 426.51 and 426.52.
(2) The Governor appoints members to the State advisory council in
accordance with section 332(e) of the Act.
(3) Costs incurred for a State advisory council must be counted as
part of the allowable State-administrative costs under the Act.
(4) The Governor determines the amount of funding available to a
State advisory council.
(5)(i) A State advisory council determines its own staffing needs,
within the budget established by the Governor.
(ii) A State advisory council's staffing may include professional,
technical, and clerical personnel as may be necessary to enable the
council to carry out its functions under the Act.
(6) Members of a State advisory council and its staff, while serving
on the business of the council, may receive subsistence, travel
allowances, and compensation in accordance with State law and
regulations and State practices applicable to persons performing
comparable duties and services.
(Authority: 20 U.S.C. 1205a (a), (d), (e))
426.51 What are the membership requirements of a State advisory
council on adult education?
(a)(1) The membership of a State advisory council may broadly
represent citizens and groups within the State having an interest in
adult education. The council must consist of representatives of --
(i) Public education;
(ii) Private and public sector employment;
(iii) Recognized State labor organizations;
(iv) Private, voluntary, or community literacy organizations;
(v) Libraries; and
(vi) State economic development agencies.
(2) The State shall ensure that there is appropriate representation
on the State advisory council of --
(i) Urban and rural areas;
(ii) Women;
(iii) Persons with handicaps; and
(iv) Racial and ethnic minorities.
(b)(1) An SEA shall certify to the Secretary the establishment of,
and membership of, its State advisory council.
(2) The certification must be submitted to the Secretary prior to the
beginning of any program year in which the State desires to receive a
grant under the Act.
(c) Members must be appointed for fixed and staggered terms and may
serve until their successors are appointed. Any vacancy in the
membership of the council must be filled in the same manner as the
original appointment. Any member of the council may be removed for
cause in accordance with procedures established by the council.
(Approved by the Office of Management and Budget under control number
1830-0510)
(Authority: 20 U.S.C. 1205a (a)(1), (b), and (c))
426.52 What are the responsibilities of a State advisory council on
adult education?
(a)(1) The State advisory council shall, using procedures agreed
upon, elect a chairperson.
(2) The State advisory council shall adopt rules that govern the
number, time, place, and conduct of meetings as well as council
operating procedures. The rules must provide for at least one public
meeting each year at which the general public is given an opportunity to
express views concerning adult education programs in the State.
(b) A State advisory council shall --
(1) Meet with the SEA or its representative during the planning year
to advise on the development of the State plan;
(2) Review the State plan before it is submitted to the Secretary
and, if the State advisory council has substantial disagreement with the
final State plan, file timely objections with the SEA;
(3) Advise the SEA on --
(i) Policies the State should pursue to strengthen adult education;
and
(ii) Initiatives and methods the private sector could undertake to
assist the State's improvement of adult education programs; and
(4)(i) Approve the plan for the program reviews and evaluations
required in section 352 of the Act and 426.46 and participate in
implementing and disseminating the program reviews and evaluations. In
approving the plan for the program reviews and evaluations, the State
advisory council shall ensure that persons knowledgeable of the daily
operation of adult education programs are involved;
(ii) Advise the Governor, the State legislature, and the general
public of the State with respect to the findings of the program reviews
and evaluations; and
(iii) Include in any reports of the program reviews and evaluations
the council's comments and recommendations.
(Approved by the Office of Management and Budget under control number
1830-0510)
(Authority: 20 U.S.C. 1205a (d) and (f), 1206a(a)(3)(B))
426.53 May a State establish an advisory body other than a State
advisory council?
(a) A State may establish an advisory body that is funded solely from
non-Federal sources.
(b) The advisory body described in paragraph (a) of this section is
not required to comply with the requirements of section 332 of the Act
and this part.
(c) The non-Federal funds used to support the advisory body may not
be included in the non-Federal share of expenditures under the State
plan described in 426.41(c).
(Authority: 20 U.S.C. 1205a and 1209)
34 CFR 461.53 PART 462 -- STATE-ADMINISTERED WORKPLACE LITERACY PROGRAM
34 CFR 461.53 Subpart A -- General
Sec.
462.1 What is the State-administered Workplace Literacy Program?
462.2 Who is eligible for an award?
462.3 What kinds of activities may be assisted?
462.4 What regulations apply?
462.5 What definitions apply?
34 CFR 461.53 Subpart B -- How Does a State Apply for a Grant?
462.10 What must the State plan contain?
34 CFR 461.53 Subpart C -- How Does the Secretary Make a Grant to a
State?
462.20 How does the Secretary make allotments?
462.21 How does the Secretary make reallotments?
34 CFR 461.53 Subpart D -- How Does an Applicant Apply to a State for
an Award?
462.30 Who is eligible to apply to a State for an award?
462.31 How does a State carry out the State-administered Workplace
Literacy Program?
462.32 What are the local application requirements?
34 CFR 461.53 Subpart E -- What Post-Award Conditions Must Be Met by a
State and Its Subgrantees and Contractors?
462.50 What other requirements must be met under this program?
462.51 What are the program review and evaluation requirements?
462.52 How must projects that serve adults with limited English
proficiency provide for the needs of those adults?
Authority: 20 U.S.C. 1211a(b), unless otherwise noted.
Source: 54 FR 34421, Aug. 18, 1989, unless otherwise noted.
Redesignated at 57 FR 24091, June 5, 1992.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 462 was
redesignated from part 433, effective either 45 days after publication
in the Federal Register or later if Congress takes certain adjournments.
The Department of Education will publish a document in the Federal
Register at a later date, announcing the effective date.
34 CFR 461.53 Subpart A -- General
34 CFR 462.1 What is the State-administered Workplace Literacy Program?
When the annual appropriation for workplace literacy equals or
exceeds $50,000,000, the State-administered Workplace Literacy Program
provides financial assistance for adult education programs that teach
literacy skills needed in the workplace through education partnerships
between business, industry, or labor organizations and educational
organizations.
(Authority: 20 U.S.C. 1211(b))
34 CFR 462.2 Who is eligible for an award?
(a) A State educational agency (SEA) is eligible for an award if the
Secretary has approved the State plan and application submitted in
accordance with section 342 of the Act and 34 CFR 426.10 through 426.13,
and the State plan meets the requirements in 462.10.
(b) If a State is ineligible to receive its allotment under this
program, the Secretary uses the State's allotment to make direct grants
to applicants in that State who are qualified to teach literacy skills
needed in the workplace. To make those awards, the Secretary uses the
procedures described for the National Workplace Literacy Program in 34
CFR part 432.
(Authority: 20 U.S.C. 1211(b) (3), (6))
34 CFR 462.3 What kinds of activities may be assisted?
(a) Under the State-administered Workplace Literacy Program the
Secretary makes allotments to an SEA to pay the Federal share of the
cost of adult education programs that teach literacy skills needed in
the workplace through partnerships between the entities in 462.30(a)
(1) and (2).
(b) A State shall assist partnership projects that are designed to
improve the productivity of the workforce through improvement of
literacy skills needed in the workplace through the activities described
in 34 CFR 432.3 (a) through (f).
(Authority: 20 U.S.C. 1211(b) (4), (5))
34 CFR 462.4 What regulations apply?
The following regulations apply to the State-administered Workplace
Literacy Program:
(a) The regulations in this part 462.
(b) The regulations in 34 CFR part 425.
(Authority: 20 U.S.C. 1211(b))
34 CFR 462.5 What definitions apply?
(a) The definitions in 34 CFR 432.5 apply to this part.
(b) The following definition also applies to this part:
Partner means an entity included in the list of entities in
462.30(a) (1) or (2).
(Authority: 20 U.S.C. 1211(b))
34 CFR 462.5 Subpart B -- How Does a State Apply for a Grant?
34 CFR 462.10 What must the State plan contain?
To receive a grant under the State-administered Workplace Literacy
Program, an SEA shall include in its State plan, submitted to the
Secretary in accordance with 34 CFR 426.10, a description of --
(a) The requirements for State approval of funding of a local
workplace literacy project;
(b) The procedures under which applications for that funding may be
submitted; and
(c) The method by which the SEA will obtain an annual third-party
evaluation of student achievement in, and the overall effectiveness of
the services provided by, all projects that receive funding from the
State's grant under the State-administered Workplace Literacy Program.
(Approved by the Office of Management and Budget under control number
1830-0026)
(Authority: 20 U.S.C. 1211(b)(3)(A))
34 CFR 462.10 Subpart C -- How Does the Secretary Make a Grant to a State?
34 CFR 462.20 How does the Secretary make allotments?
The Secretary determines the amount of each State's allotment
according to a formula in section 371(b)(7)(B) of the Act.
(Authority: 20 U.S.C. 1211(b)(7)(B))
34 CFR 462.21 How does the Secretary make reallotments?
(a)(1) At the end of each fiscal year, the Secretary reallocates the
portion of any State's allotment that --
(i) Exceeds 10 percent of the State's allotment under this program
for the fiscal year; and
(ii) Was not obligated by the end of the fiscal year.
(2) A State may not obligate any portion of the excess described in
paragraphs (a)(1) (i) and (ii) of this section after the end of the
fiscal year.
(b) The Secretary reallots funds among the other States that
themselves are not described in paragraph (a) of this section in the
same proportion as each State's allocation for the fiscal year described
in paragraph (a) of this section.
(c) Any amount reallotted to a State during a fiscal year is deemed
part of the State's allotment for that fiscal year.
(d) Any amount that a State carries over from a prior year's
allotment is deemed part of the State's allotment for the year into
which funds are carried.
(e) In determining whether a State has obligated at least 90 percent
of its allotment for a fiscal year, the Secretary considers as part of
the State's allotment any funds reallotted to the State during that year
or carried over from a prior year allotment.
(Authority: 20 U.S.C. 1211(b)(7)(C))
34 CFR 462.21 Subpart D -- How Does an Applicant Apply to a State for an Award?
34 CFR 462.30 Who is eligible to apply to a State for an award?
(a) Subgrants or contracts may be provided by the SEA to exemplary
partnerships between --
(1) A business, industry, or labor organization, or private industry
council; and
(2) The State educational agency, a local educational agency (LEA),
an institution of higher education, or a school (including an area
vocational school, an employment and training agency, or a
community-based organization).
(b) Partnerships must include at least one entity listed in paragraph
(a)(1) of this seciton and one entity listed in paragraph (a)(2) of this
section, and may include more than one entity from each group.
(Authority: 20 U.S.C. 1211(b)(5))
34 CFR 462.31 How does a State carry out the State-administered
Workplace Literacy Program?
(a) An SEA carries out the program by --
(1) Providing State administration of the grant; and
(2) Awarding subgrants or contracts to eligible partnerships.
(b) The SEA may not use program funds for the administrative costs it
incurs in carrying out its responsibilities under paragraph (a) of this
section.
(c) If an SEA awards a subgrant or contract to a partnership in which
the SEA is a partner, the SEA shall --
(1) Take an active role in the partnership in addition to its
administrative responsibilities under paragraph (a) of this section;
and
(2) Serve as a full and equal partner with other members of the
partnership.
(d) An SEA may use program funds for necessary and reasonable
administrative costs incurred in performing its role as a partner in a
project described in paragraph (c) of this section.
(Authority: 20 U.S.C. 1211(b))
34 CFR 462.32 What are the local application requirements?
A local partnership application, submitted to an SEA for funding
under the State-administered Workplace Literacy Program, must contain
the information in section 371(a)(4) of the Act.
(Approved by the Office of Management and Budget under control number
1830-0510)
(Authority: 20 U.S.C. 1211(b)(5))
34 CFR 462.32 Subpart E -- What Post-Award Conditions Must Be Met by a State and Its Subgrantees and Contractors?
34 CFR 462.50 What other requirements must be met under this program?
(a) The Federal share of expenditures for projects funded under the
State-administered Workplace Literacy Program is paid from the State's
allotment under the program.
(b) A State Educational agency may reserve a portion of its allotment
to pay 100 percent of the costs incurred by the SEA in obtaining
evaluations required in 462.10(c).
(c) A project funded by the SEA may include --
(1) A start-up period between the time the project begins and the
time services are provided to adult workers; and
(2) An operational period during which these services are provided.
(d) An award under this program may be used to pay --
(1) 100 percent of the administrative costs incurred in establishing
a project during the start-up period under paragraph (e) of this section
by an SEA, LEA, or other entity described in 462.30(a), that receives a
grant or subgrant under this part; and
(2) 70 percent of the costs of a project after the start-up period.
(e)(1) A project's start-up period may not last longer than 90 days;
and
(2) Partnerships shall minimize the start-up period, if any, proposed
for their projects.
(Authority: 20 U.S.C. 1211(b)(1), (2))
(54 FR 34421, Aug. 18, 1989. Redesignated and amended at 57 FR 24100,
June 5, 1992)
Effective Date Note: At 57 FR 24091, 24100, June 5, 1992, part 462
was redesignated from part 433. The newly redesignated 462.50 was
amended by revising paragraph (d), effective either 45 days after
publication in the Federal Register or later if Congress takes certain
adjournments. The text remaining in effect until further notice appears
below.
433.50 What other requirements must be met under this program?
(d) An award to a partnership under this program may be used to pay
--
(1) 70 percent of the costs of a project during the operational
period referenced in paragraph (c)(2) of this section;
(2) 100 percent of the administrative costs incurred by an SEA or an
LEA in establishing projects during the start-up period referenced in
paragraph (c)(1) of this section; and
(3) 70 percent of the administrative costs incurred by other entities
in establishing projects during the start-up period referenced in
paragraph (c)(1) of this section.
34 CFR 462.51 What are the program review and evaluation requirements?
The SEA shall provide for program reviews and evaluations in
accordance with 34 CFR 426.46.
(Approved by the Office of Management and Budget under control number
1830-0510)
(Authority: 20 U.S.C. 1207a and 1211(b))
34 CFR 462.52 How must projects that serve adults with limited English
proficiency provide for the needs of those adults?
(a) An SEA shall ensure that projects serving adults with limited
English proficiency or no English proficiency provide for the needs of
these adults by teaching literacy skills needed in the workplace.
(b) Projects may teach workplace literacy skills --
(1) To the extent necessary, in the native language of these adults;
or
(2) Exclusively in English.
(c) Projects must be carried out in coordination with programs
assisted under the Bilingual Education Act and with bilingual vocational
education programs under the Carl D. Perkins Vocational Education Act.
(Authority: 20 U.S.C. 1206a(d) and 1211(b))
34 CFR 462.52 Pt. 463
34 CFR 462.52 PART 463 -- STATE-ADMINISTERED ENGLISH LITERACY PROGRAM
34 CFR 462.52 Subpart A -- General
Sec.
463.1 What is the State-administered English Literacy Program?
463.2 Who is eligible for an award?
463.3 What activities may the Secretary fund?
463.4 What regulations apply?
463.5 What definitions apply?
34 CFR 462.52 Subpart B -- How Does A State Apply for an Award?
463.10 What State plan requirements must be met?
34 CFR 462.52 Subpart C -- How Does the Secretary Make an Award?
463.20 How does the Secretary determine the amount of an award?
34 CFR 462.52 Subpart D -- What Conditions Must be Met After a State
Receives an Award?
463.30 Who is eligible to apply to a State for a subgrant or
contract?
463.31 What percentage requirements must a State meet in using and
allocating funds to eligible recipients?
463.32 How are awards made to eligible recipients?
463.33 In what additional way may a State use funds under this
program?
463.34 What are the reporting and program review and evaluation
requirements under this program?
463.35 What other condition applies to this program?
34 CFR 462.52 Subpart E -- What Compliance Procedures May the Secretary
Use?
463.40 When may the Secretary terminate a grant?
Authority: 20 U.S.C. 1211a, unless otherwise noted.
Source: 54 FR 34422, Aug. 18, 1989, unless otherwise noted.
Redesignated at 57 FR 24091, June 5, 1992.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 463 was
redesignated from part 434, effective either 45 days after publication
in the Federal Register or later if Congress takes certain adjournments.
The Department of Education will publish a document in the Federal
Register at a later date, announcing the effective date.
34 CFR 462.52 Subpart A -- General
34 CFR 463.1 What is the State-administered English Literacy Program?
The State-administered English Literacy Program provides grants to
States for English literacy programs for individuals of limited English
proficiency.
(Authority: 20 U.S.C. 1211a(a)(1))
34 CFR 463.2 Who is eligible for an award?
A State educational agency (SEA) is eligible for an award if the
Secretary has approved the State plan and application submitted in
accordance with section 342 of the Act and 34 CFR 426.10 through 426.13,
and the State plan meets the requirements in 343.10.
(Authority: 20 U.S.C. 1211a(a)(1), (2))
34 CFR 463.3 What activities may the Secretary fund?
(a) The Secretary provides funds for establishing, operating, and
improving English literacy programs of instruction that are designed to
help limited English proficient adults, out-of-school youths, or both,
achieve full competence in the English language.
(b) Funds may also be used to provide support services for program
participants, including child care and transportation.
(Authority: 20 U.S.C. 1201a(13) and 1211a(a)(1))
34 CFR 463.4 What regulations apply?
The following regulations apply to the State-administered English
Literacy Program:
(a) The regulations in this part 463.
(b) The regulations in 34 CFR part 425.
(Authority: 20 U.S.C. 1211a)
34 CFR 463.5 What definitions apply?
The definitions in 34 CFR 425.4 apply to this part.
(Authority: 20 U.S.C. 1211a)
34 CFR 463.5 Subpart B -- How Does A State Apply for an Award?
34 CFR 463.10 What State plan requirements must be met?
(a) To receive a grant under this program, an SEA shall include in
its State plan, submitted to the Secretary in accordance with 34 CFR
426.10, a description of --
(1) The number of individuals of limited English proficiency in the
State who need or could benefit from programs assisted under section
372(a) of the Act and this part;
(2) The activities to be undertaken with the grant under this part
and the manner in which these activities will promote English literacy
and enable individuals of limited English proficiency in the State to
participate fully in national life;
(3) How the activities described in paragraph (a)(2) of this section
will serve individuals of limited English proficiency, including the
qualifications and training of personnel who will participate in the
proposed activities;
(4) The resources necessary to develop and operate the proposed
activities and the resources to be provided by the State; and
(5) The specific goals of the proposed activities and how achievement
of these goals will be measured.
(b) An SEA that is prohibited by State law from awarding Federal
funds by subgrant or contract to public or private agencies,
organizations, or institutions, other than local educational agencies,
shall describe in its State plan --
(1) The legal basis of this prohibition; and
(2) How community-based organizations (CBOs) with demonstrated
capability to administer English proficiency programs will otherwise be
fully involved in establishing and operating English literacy programs
for individuals of limited English proficiency.
(Approved by the Office of Management and Budget under control number
1830-0026)
(Authority: 20 U.S.C. 1211a(a)(2))
34 CFR 463.10 Subpart C -- How Does the Secretary Make an Award?
34 CFR 463.20 How does the Secretary determine the amount of an award?
(a)(1) From the sums available for the purpose of grants to States
under section 372 of the Act, the Secretary allots to --
(i) Guam, American Samoa, the Northern Mariana Islands, and the
Virgin Islands $10,000 each;
(ii) The Trust Territory of the Pacific Islands (Republic of Palau)
an amount that bears the same ratio to $10,000 that the population of
Palau ages 18 and over bears to the total population of the Trust
Territory of the Pacific Islands as formally constructed (including the
Republic of Palau, the Federated States of Micronesia, and the Republic
of the Marshall Islands) ages 18 and over; and
(iii) Puerto Rico, $25,000.
(2) From the remainder of those sums the Secretary allots to each of
the 50 States and the District of Columbia an amount that bears the same
ratio to that remainder as the number of persons 18 years of age and
older who are limited English proficient of such State bears to the
number of those persons in all States, except that no State shall
receive less than $25,000. For purposes of paragraph (a)(2) of this
section the term ''State'' does not include Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, the Virgin Islands, and the Trust
Territory of the Pacific Islands (Republic of Palau).
(b) The Secretary relies on Census data on the number of individuals
that speak English less than very well to make the determinations in
paragraph (a) of this section.
(Authority: 20 U.S.C. 1211a(a))
34 CFR 463.20 Subpart D -- What Conditions Must be Met After a State Receives an Award?
34 CFR 463.30 Who is eligible to apply to a State for a subgrant or
contract?
The following entities are eligible to apply to the SEA for an award:
(a) A local educational agency (LEA).
(b) A CBO with demonstrated capability to administer English
proficiency programs.
(c)(1) A public or private nonprofit agency, organization, or
institution.
(2) The nonprofit agency, organization, or institution shall consult
the LEA in the area proposed to be served by the applicant and give that
LEA an opportunity to comment on the application.
(3) The nonprofit agency, organization, or institution shall respond
to the LEA's comments and attach the comments and responses to the
application.
(d)(1) An LEA, CBO, or public or private nonprofit agency,
organization or institution may apply an behalf of a consortium that
includes a for-profit agency, organization, or institution that can make
a significant contribution to attaining the objectives of the Act.
(2) The LEA, CBO, or public or private nonprofit agency,
organization, or institution shall enter into a contract with the
for-profit agency, organization, or institution for the establishment or
expansion of programs.
(Authority: 20 U.S.C. 1203a(a) and 1211a(b))
34 CFR 463.31 What percentage requirements must a State meet in using
and allocating funds to eligible recipients?
(a) An SEA may use not more than 5 percent of its grant for State
administration, technical assistance, and training.
(b) After determining the amount to be used for State administration,
technical assistance, and training under paragraph (a) of this section,
the SEA shall allocate at least 50 percent of the remainder of its grant
to programs operated by CBOs with demonstrated capability to administer
English proficiency programs.
(Authority: 20 U.S.C. 1211a(b), (f)(5))
34 CFR 463.32 How are awards made to eligible recipients?
(a) Except as provided in paragraph (c) of this section, an SEA shall
make awards to eligible recipients using the provisions in 34 CFR
426.31.
(b) In applying the preference provisions in 34 CFR 426.31(a), the
SEA shall ensure that it allocates at least 50 percent of the remainder
of its grant to programs operated by CBOs, as described in 463.31(b).
(c) An SEA may not use the consultation and comment provisions in 34
CFR 426.31(e) in making awards to CBOs.
(d) An SEA shall develop appropriate criteria for the review of an
application submitted by a CBO to ensure that the applicant has
demonstrated capability to administer an English proficiency program.
(Authority: 20 U.S.C. 1203a(a), 1206(c)(3), and 1211a(b))
34 CFR 463.33 In what additional way may a State use funds under this
program?
An award to an SEA under this program may be used in combination with
other Federal funds awarded to a State for literacy training for
individuals of limited English proficiency.
(Authority: 20 U.S.C. 1211a(f)(3))
34 CFR 463.34 What are the reporting and program review and evaluation
requirements under this program?
An SEA that receives a grant under section 372 of the Act and this
part shall --
(a)(1) Report information describing the activities funded under the
SEA's grant for each fiscal year covered by the grant.
(2) Provide for program reviews and evaluations in accordance with 34
CFR 426.46.
(b) Notify the Secretary if there is no longer a need in the State
for the activities funded under the SEA's grant.
(Approved by the Office of Management and Budget under control number
1830-0510)
(Authority: 20 U.S.C. 1207a and 1211a(a))
34 CFR 463.35 What other condition applies to this program?
(a) An SEA shall provide for the needs of individuals of limited
English proficiency or no English proficiency by providing programs
designed to teach English and, as appropriate, to allow these adults to
progress effectively through the adult education program or to prepare
them to enter the regular program of adult education as quickly as
possible.
(b) The programs may, to the extent necessary, provide instruction in
the native language of these adults or may provide instruction
exclusively in English.
(c) These programs must be carried out in coordination with programs
assisted under the Bilingual Education Act and with bilingual vocational
education programs under the Carl D. Perkins Vocational Education Act.
(Authority: 20 U.S.C.1206a(d) and 1211(a)
34 CFR 463.35 Subpart E -- What Compliance Procedures May the Secretary Use?
34 CFR 463.40 When may the Secretary terminate a grant?
(a) The Secretary terminates a grant only if the Secretary determines
that --
(1) The State has not made substantial progress in achieving the
educational goals described in the State plan; or
(2) There is no longer a need in the State for the activities funded
under this part.
(b) Prior to making a determination under paragraph (a) of this
section, the Secretary provides the State an opportunity to change the
administration of its grant in order to --
(1) Achieve substantial progress in meeting those educational goals;
or
(2) Meet new needs through different activities.
(Authority: 20 U.S.C. 1211a(a)(3))
34 CFR 463.40 PART 464 -- STATE LITERACY RESOURCE CENTERS PROGRAM
34 CFR 463.40 Subpart A -- General
Sec.
464.1 What is the State Literacy Resource Centers Program?
464.2 Who is eligible for a grant?
464.3 What kinds of activities may be assisted?
464.4 What regulations apply?
464.5 What definitions apply?
34 CFR 463.40 Subpart B -- How Does a State Apply for a Grant?
464.10 How do States apply?
464.11 What must an application contain?
464.12 How may States agree to develop a regional center?
34 CFR 463.40 Subpart C -- How Does the Secretary Make a Grant to a
State?
464.20 What payment does the Secretary make?
464.21 May the Secretary require a State to participate in a regional
center?
464.22 May a State participating in a regional center use part of its
allotment for a State center?
34 CFR 463.40 Subpart D -- How Does a State Award Contracts?
464.30 With whom must a State contract to establish a State literacy
resource center?
464.31 Who may not review a proposal for a contract?
464.32 How is a regional literacy resource center established and
operated?
34 CFR 463.40 Subpart E -- What Post-Award Conditions Must Be Met by a
State?
464.40 May a State use funds to establish a State advisory council?
464.41 What alternative uses may be made of equipment?
464.42 What limit applies to purchasing computer hardware and
software?
Authority: 20 U.S.C. 1208aa, unless otherwise noted.
Source: 57 FR 24100, June 5, 1992, unless otherwise noted.
Effective Date Note: At 57 FR 24100, June 5, 1992, part 464 was
added, effective either 45 days after publication in the Federal
Register or later if Congress takes certain adjournments. The
Department of Education will publish a document in the Federal Register
at a later date, announcing the effective date.
34 CFR 463.40 Subpart A -- General
34 CFR 464.1 What is the State Literacy Resource Centers Program?
The State Literacy Resource Centers Program assists State and local
public and private nonprofit efforts to eliminate illiteracy through a
program of State literacy resource center grants to --
(a) Stimulate the coordination of literacy services;
(b) Enhance the capacity of State and local organizations to provide
literacy services; and
(c) Serve as a reciprocal link between the National Institute for
Literacy and service providers for the purpose of sharing information,
data, research, and expertise and literacy resources.
(Authority: 20 U.S.C. 1208aa(a))
34 CFR 464.2 Who is eligible for a grant?
States are eligible to receive grants under this part.
(Authority: 20 U.S.C. 1208aa(c))
34 CFR 464.3 What kinds of activities may be assisted?
(a) The Secretary makes grants under this part for purposes of
establishing a network of State or regional adult literacy resource
centers.
(b) Each State shall use funds provided under this part to conduct
activities to --
(1) Improve and promote the diffusion and adoption of
state-of-the-art teaching methods, technologies, and program
evaluations;
(2) Develop innovative approaches to the coordination of literacy
services within and among States and with the Federal government;
(3) Assist public and private agencies in coordinating the delivery
of literacy services;
(4) Encourage government and industry partnerships, including
partnerships with small businesses, private nonprofit organizations, and
community-based organizations;
(5) Encourage innovation and experimentation in literacy activities
that will enhance the delivery of literacy services and address emerging
problems;
(6) Provide technical and policy assistance to State and local
governments and service providers to improve literacy policy and
programs and access to those programs;
(7) Provide training and technical assistance to literacy instructors
in reading instruction and in --
(i) Selecting and making the most effective use of state-of-the-art
methodologies, instructional materials, and technologies such as --
(A) Computer-assisted instruction;
(B) Video tapes;
(C) Interactive systems; and
(D) Data link systems; or
(ii) Assessing learning style, screening for learning disabilities,
and providing individualized remedial reading instruction; or
(8) Encourage and facilitate the training of full-time professional
adult educators.
(Authority: 20 U.S.C. 1208aa(b), (d))
34 CFR 464.4 What regulations apply?
The following regulations apply to the State Literacy Resource
Centers Program:
(a) The regulations in this part 464.
(b) The regulations in 34 CFR part 460.
(Authority: 20 U.S.C. 1208aa)
34 CFR 464.5 What definitions apply?
The definitions in 34 CFR part 460 apply to this part.
(Authority: 20 U.S.C. 1208aa)
34 CFR 464.5 Subpart B -- How Does a State Apply for a Grant?
34 CFR 464.10 How do States apply?
(a) The Governor of a State may submit an application to the
Secretary for a grant for a State adult literacy resource center.
(b) The Governors of a group of States may submit an application to
the Secretary for a grant for a regional adult literacy resource center.
(c) A State may apply for and receive both a grant for a State adult
literacy resource center and, as part of a group of States, a grant for
a regional adult literacy resource center.
(d) If appropriate, a State shall obtain the review and comments of
the State council on the application.
(e) An approved application remains in effect during the period of
the State plan under 34 CFR part 461.
(f) Through a notice published in the Federal Register, the Secretary
sets an annual deadline before which a State may submit a new
application or an amendment to its existing application.
(Authority: 20 U.S.C. 1208aa(h))
34 CFR 464.11 What must an application contain?
An application must describe how the State or group of States will --
(a) Develop a literacy resource center or expand an existing literacy
resource center;
(b) Provide services and activities with the assistance provided
under this part;
(c) Ensure access to services of the center for the maximum
participation of all public and private programs and organizations
providing or seeking to provide basic skills instruction, including
local educational agencies, agencies responsible for corrections
education, service delivery areas under the Job Training Partnership
Act, welfare agencies, labor organizations, businesses, volunteer
groups, and community-based organizations;
(d) Address the measurable goals for improving literacy levels as set
forth in the plan submitted under section 342 of the Act; and
(e) Develop procedures for the coordination of literacy activities
for statewide and local literacy efforts conducted by public and private
organizations, and for enhancing the systems of service delivery.
(Approved by the Office of Management and Budget under control number
1830-0501)
(Authority: 20 U.S.C. 1208aa(h))
34 CFR 464.12 How may States agree to develop a regional center?
A group of States may enter into an interstate agreement to develop
and operate a regional adult literacy resource center for purposes of
receiving assistance under this part if the States determine that a
regional approach is more appropriate for their situation.
(Authority: 20 U.S.C. 1208aa(j)(1))
34 CFR 464.12 Subpart C -- How Does the Secretary Make a Grant to a State?
34 CFR 464.20 What payment does the Secretary make?
(a)(1) From sums available for purposes of making grants under this
part for any fiscal year, the Secretary allots to each State, that has
an application approved under 464.10-464.11, an amount that bears the
same ratio to those sums as the amount allotted to the State under
section 313(b) of the Act for the purpose of making grants under section
321 of the Act bears to the aggregate amount allotted to all States
under that section for that purpose.
(2) In applying the formula in section 313(b) of the Act to calculate
grants under this part, the Secretary counts the number of adults only
in States that have approved applications under this part.
(b)(1) The Secretary pays to each State the Federal share of the cost
of activities described in the application.
(2) For purposes of this section, the Federal share --
(i) For each of the first two fiscal years in which the State
receives funds under this part, may not exceed 80 percent;
(ii) For each of the third and fourth fiscal years in which the State
receives funds under this part, may not exceed 70 percent; and
(iii) For the fifth and each succeeding year in which the State
receives funds under this part, may not exceed 60 percent.
(3) If a State receives funds under this part for participation in a
regional center, the State is required to provide only 50 percent of the
non-Federal share under paragraph (b)(2) of this section.
(4) The non-Federal share of payments under this section may, in
accordance with 34 CFR 80.24, be in cash or in kind, fairly evaluated,
including plant, equipment, or services.
(Authority: 20 U.S.C. 1208aa(c)(1), (i), (j)(2))
34 CFR 464.21 May the Secretary require a State to participate in a
regional center?
(a) If, in any fiscal year, a State's allotment under this part is
less than $100,000, the Secretary may designate that State to receive
the funds only as part of a regional center.
(b) Paragraph (a) of this section does not apply to a State --
(1) That demonstrates, in its application to the Secretary, that the
total amount of Federal, State, local, and private funds expended to
carry out the purposes of this part would equal or exceed $100,000; or
(2) That will use its funds to expand an existing State literacy
resource center that meets the purposes of the Act and the requirements
in this part.
(Authority: 20 U.S.C. 1208aa(j)(3), (4))
34 CFR 464.22 May a State participating in a regional center use part
of its allotment for a State center?
In any fiscal year in which 464.20(b)(3) applies, the Secretary may
allow certain States that receive funds as part of a regional center to
reserve a portion of those funds for a State adult literacy resource
center under this part.
(Authority: 20 U.S.C. 1208aa(j)(5))
34 CFR 464.22 Subpart D -- How Does a State Award Contracts?
34 CFR 464.30 With whom must a State contract to establish a State
literacy resource center?
(a) To establish a new State literacy resource center, the Governor
of each State that receives funds under this part shall contract on a
competitive basis with --
(1) The SEA;
(2) One or more local educational agencies;
(3) A State office on literacy;
(4) A volunteer organization;
(5) A community-based organization;
(6) An institution of higher education; or
(7) Another non-profit entity.
(b) Paragraph (a) of this section does not apply to funds under this
part that a State uses to expand an existing State literacy resource
center.
(Authority: 20 U.S.C. 1208aa(c)(2))
34 CFR 464.31 Who may not review a proposal for a contract?
A party participating in a competition under 464.30 may not review
its own proposal for a contract or any proposal of a competitor for that
contract.
(Authority: 20 U.S.C. 1208aa(c)(2))
34 CFR 464.32 How is a regional literacy resource center established
and operated?
(a) The States that participate in a regional literacy resource
center shall agree on how the center is to be established and operated.
(b) Subject to the requirements of the Act and the regulations in
this part, the States have discretion to determine how to establish and
operate the regional center.
(Authority: 20 U.S.C. 1208aa (h) and (j))
34 CFR 464.32 Subpart E -- What Post-Award Conditions Must Be Met by a State?
34 CFR 464.40 May a State use funds to establish a State advisory
council?
(a) Each State receiving funds under this part may use up to five
percent of those funds --
(1) To establish and support a State advisory council on adult
education and literacy under section 332 of the Act and 34 CFR
461.50-461.52; or
(2) To support an established State council to the extent that the
State council meets the requirements of section 332 of the Act and 34
CFR 461.50-461.52.
(b) Each State receiving funds under this section to establish or
support a State council under section 332 of the Act shall provide
matching funds on a dollar-for-dollar basis.
(Authority: 20 U.S.C. 1208aa(g))
34 CFR 464.41 What alternative uses may be made of equipment?
Equipment purchased under this part, when not being used to carry out
the provisions of this part, may be used for other instructional
purposes if --
(a) The acquisition of the equipment was reasonable and necessary for
the purpose of conducting a properly designed project or activity under
this part;
(b) The equipment is used after regular program hours or on weekends;
and
(c) The other use is --
(1) Incidental to the use of the equipment under this part;
(2) Does not interfere with the use of the equipment under this part;
and
(3) Does not add to the cost of using the equipment under this part.
(Authority: 20 U.S.C. 1208aa(e))
34 CFR 464.42 What limit applies to purchasing computer hardware and
software?
Not more than ten percent of funds received under any grant under
this part may be used to purchase computer hardware or software.
(Authority: 20 U.S.C. 1208aa(f))
34 CFR 464.42 PART 471 -- NATIONAL ADULT EDUCATION DISCRETIONARY PROGRAM
34 CFR 464.42 Subpart A -- General
Sec.
471.1 What is the National Adult Education Discretionary Program?
471.2 Who is eligible to apply for an award under the National Adult
Education Discretionary Program?
471.3 What regulations apply to this program?
471.4 What definitions apply to this program?
471.5 -- 471.9 (Reserved)
34 CFR 464.42 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
471.10 What types of projects may be funded?
471.11 How does the Secretary establish priorities for this program?
471.12 -- 471.19 (Reserved)
34 CFR 464.42 Subpart C -- (Reserved)
471.20 -- 471.29 (Reserved)
34 CFR 464.42 Subpart D -- How Does the Secretary Make an Award?
471.30 How does the Secretary evaluate an application?
471.31 What selection criteria does the Secretary use?
471.32 How does the Secretary select an application for funding?
471.33 -- 471.39 (Reserved)
34 CFR 464.42 Subpart E -- What Condition Must Be Met by a Recipient?
471.40 What condition must be met under this program?
471.41 -- 471.49 (Reserved)
Authority: Sec. 309 of the Adult Education Act, as amended by Pub.
L. 98-511; 20 U.S.C.1207a, unless otherwise noted.
Source: 50 FR 29358, July 18, 1985, unless otherwise noted.
Redesignated at 57 FR 24091, June 5, 1992.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 471 was
redesignated from part 431, effective either 45 days after publication
in the Federal Register or later if Congress takes certain adjournments.
The Department of Education will publish a document in the Federal
Register at a later date, announcing the effective date.
34 CFR 464.42 Subpart A -- General
34 CFR 471.1 What is the National Adult Education Discretionary
Program?
The National Adult Education Discretionary Program supports projects
that contribute to the improvement and expansion of adult education.
(Authority: Sec. 309(a)(1); 20 U.S.C. 1207a(a)(1))
34 CFR 471.2 Who is eligible to apply for an award under the National
Adult Education Discretionary Program?
The following are eligible to apply for grants, contracts, or
cooperative agreements under this program:
(a) Public and private institutions, agencies, and organizations.
(b) Individuals.
(c) Business concerns.
(Authority: Sec. 309(a)(2); 20 U.S.C. 1207a(a)(2))
34 CFR 471.3 What regulations apply to this program?
The following regulations apply to the National Adult Education
Discretionary Program:
(a) The regulations in 34 CFR Part 425.
(b) The regulations in this part.
(Authority: 20 U.S.C. 1201 et seq.)
34 CFR 471.4 What definitions apply to this program?
The definitions in 34 CFR 425.3 apply to this program.
(Authority: 20 U.S.C. 1201 et. seq. )
471.5 -- 471.9 (Reserved)
34 CFR 471.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 471.10 What types of projects may be funded?
(a) The Secretary directly or through grants, contracts, or
cooperative agreements supports projects for the improvement and
expansion of adult education. Funds may be used for --
(1) Applied research;
(2) Development;
(3) Demonstration;
(4) Dissemination;
(5) Evaluation; and
(6) Related activities.
(b) Projects may include, but are not limited to --
(1) Improving adult education opportunities for elderly individuals
and adult immigrants;
(2) Evaluating educational technology and computer software suitable
for providing instruction to adults; and
(3) Supporting exemplary cooperative adult education programs that
combine the resources of businesses, schools, and community
organizations.
(Authority: Sec. 309(a)(1); 20 U.S.C. 1207a(a)(1))
34 CFR 471.11 How does the Secretary establish priorities for this
program?
(a) The Secretary announces, through one or more notices published in
the Federal Register, the priorities for this program, if any, from the
topics described in 471.10, and the manner in which those priorities
will be implemented.
(b) The Secretary may establish a separate competition for one or
more of the priorities selected. If a separate competition is
established for one or more priorities, the Secretary may reserve all
applications that relate to those priorities for review as part of the
separate competition.
(Authority: 20 U.S.C. 1201 et seq.)
471.12 -- 471.19 (Reserved)
34 CFR 471.11 Subpart C -- (Reserved)
471.20 -- 471.29 (Reserved)
34 CFR 471.11 Subpart D -- How Does the Secretary Make an Award?
34 CFR 471.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant or cooperative
agreement on the basis of the criteria in 471.31.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 471.31.
(c) Subject to paragraph (d) of this section, the maximum possible
points for each criterion are indicated in parentheses after the heading
for each criterion.
(d) For each competition, as announced through a notice published in
the Federal Register, the Secretary may assign the reserved points among
the criteria in 471.31.
(Authority: 20 U.S.C. 1201 et seq. )
34 CFR 471.31 What selection criteria does the Secretary use?
The Secretary uses the following criteria in evaluating each
application:
(a) Plan of operation. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the application plans to use its resources and personnel
to achieve each objective;
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(b) Quality of key personnel. (15 points)
(1) The Secretary reviews each application for information that shows
the qualifications of the key personnel the applicant plans to use on
the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time each person referred to in paragraphs (b)(2) (i) and
(ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Member of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
subject, as well as other information that the applicant provides.
(c) Budget and cost effectiveness. (10 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(d) Evaluation plan. (5 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
Cross-Reference: See 34 CFR 75.590 (Evaluation by grantee).
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(e) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(f) National need. (20 points)
(1) The Secretary reviews each application to determine how it
addresses a national need in adult education.
(2) The Secretary looks for information that describes --
(i) The need in terms of the problem rather than the symptom of the
problem;
(ii) Who or what will be helped by the project;
(iii) How the project will improve and expand adult education; and
(iv) The extent to which the project involves creative or innovative
techniques and concepts.
(g) Dissemination plan. (10 points)
(1) The Secretary reviews each application for information that shows
the quality of the dissemination plan for the project.
(2) The Secretary looks for information that shows --
(i) The extent to which the project is designed to yield outcomes
that can be readily disseminated;
(ii) A clear description of the project outcomes; and
(iii) A detailed description of how information and materials will be
disseminated.
(Authority: Sec. 309; 20 U.S.C. 1207a)
34 CFR 471.32 How does the Secretary select an application for funding?
(a) After evaluating the applications according to the criteria
contained in 471.31, the Secretary may determine whether the most
highly rated applications are broadly and equitably distributed
throughout the Nation.
(b) The Secretary may select other applications for funding on the
basis of geographic distribution if doing so would contribute to
achieving the purposes of this discretionary program.
(c) The Secretary may decline to fund any project that is eligible
for funding under a different competition of Department of Education
program.
(Authority: Sec. 309; 20 U.S.C. 1207a)
471.33 -- 471.39 (Reserved)
34 CFR 471.32 Subpart E -- What Condition Must Be Met by a Recipient?
34 CFR 471.40 What condition must be met under this program?
A recipient shall not charge participants for their participation in
the projects assisted under this program.
(Authority: Sec. 309(a)(2); (20 U.S.C. 1207a(a)(2))
471.41 -- 471.49 (Reserved)
34 CFR 471.40 PART 472 -- NATIONAL WORKPLACE LITERACY PROGRAM
34 CFR 471.40 Subpart A -- General
Sec.
472.1 What is the National Workplace Literacy Program?
472.2 Who is eligible for an award?
472.3 What activities may the Secretary fund?
472.4 What regulations apply?
472.5 What definitions apply?
34 CFR 471.40 Subpart B -- How Does One Apply for an Award?
472.10 Are preapplications required?
472.11 How does the Secretary consider a preapplication?
34 CFR 471.40 Subpart C -- How Does the Secretary Make an Award?
472.20 What priorities may the Secretary establish?
472.21 How does the Secretary evaluate an application?
472.22 What selection criteria does the Secretary use?
472.23 What additional factor does the Secretary consider?
34 CFR 471.40 Subpart D -- What Conditions Must be Met After an Award?
472.30 What other requirements must be met under this program?
472.31 How must projects that serve adults with limited English
proficiency provide for the needs of those adults?
Authority: 20 U.S.C. 1211(a), unless otherwise noted.
Source: 54 FR 34418, Aug. 18, 1989, unless otherwise noted.
Redesignated at 57 FR 24091, June 5, 1992.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 472 was
redesignated from part 432, effective either 45 days after publication
in the Federal Register or later if Congress takes certain adjournments.
The Department of Education will publish a document in the Federal
Register at a later date, announcing the effective date.
34 CFR 471.40 Subpart A -- General
34 CFR 472.1 What is the National Workplace Literacy Program?
The National Workplace Literacy Program provides assistance for
demonstration projects that teach literacy skills needed in the
workplace through exemplary education partnerships between business,
industry, or labor organizations and educational organizations.
(Authority: 20 U.S.C. 1211(a)(1))
34 CFR 472.2 Who is eligible for an award?
(a) Awards are provided to exemplary partnerships between --
(1) A business, industry, or labor organization, or private industry
council; and
(2) A State educational agency (SEA), local educational agency (LEA),
institution of higher education, or school (including an area vocational
school, an employment and training agency, or a community-based
organization).
(b) A partnership shall include as partners at least one entity from
paragraph (a)(1) of this section and at least one entity from paragraph
(a)(2) of this section, and may include more than one entity from each
group.
(c)(1) The partners shall apply jointly to the Secretary for funds.
(2) The partners shall enter into an agreement, in the form of a
single document signed by all partners, designating one member of the
partnership as the applicant and the grantee. The agreement must also
detail the role each partner plans to perform, and must bind each
partner to every statement and assurance made in the application.
(Authority: 20 U.S.C. 1211(a)(4)(A))
34 CFR 472.3 What activities may the Secretary fund?
The Secretary provides grants or cooperative agreements to projects
designed to improve the productivity of the workforce through
improvement of literacy skills in the workplace by --
(a) Providing adult literacy and other basic skills services and
activities;
(b) Providing adult secondary education services and activities that
may lead to the completion of a high school diploma or its equivalent;
(c) Meeting the literacy needs of adults with limited English
proficiency;
(d) Upgrading or updating basic skills of adult workers in accordance
with changes in workplace requirements, technology, products, or
processes;
(e) Improving the competency of adult workers in speaking, listening,
reasoning, and problem solving; or
(f) Providing educational counseling, transportation, and child care
services for adult workers during nonworking hours while the workers
participate in the project.
(Authority: 20 U.S.C. 1211(a)(3))
34 CFR 472.4 What regulations apply?
The following regulations apply to the National Workplace Literacy
Program:
(a) The regulations in this part 472.
(b) The regulations in 34 CFR part 425.
(Authority: 20 U.S.C. 1211(a))
34 CFR 472.5 What definitions apply?
(a) The definitions in 34 CFR 425.4 apply to this part.
(b) The following definitions also apply to this part:
Adult worker means an individual who has attained 16 years of age or
who is beyond the age of compulsory school attendance under State law,
and whose receipt of project services is expected to result in new
employment, enhanced skills related to continued employment, career
advancement, or increased productivity.
Area vocational school means --
(1) A specialized high school used exclusively or principally for the
provision of vocational education to individuals who are available for
study in preparation for entering the labor market;
(2) The department of a high school exclusively or principally used
for providing vocational education in no less than five different
occupational fields to individuals who are available for study in
preparation for entering the labor market;
(3) A technical institute or vocational school used exclusively or
principally for the provision of vocational education to individuals who
have completed or left high school and who are available for study in
preparation for entering the labor market; or
(4) The department or division of a junior college or community
college or university operating under the policies of the State board
and that provides vocational education in no less than five different
occupational fields leading to immediate employment but not necessarily
leading to a baccalaureate degree, if, in the case of a school,
department, or division described in paragraphs (3) and (4) of this
definition it admits as regular students both individuals who have
completed high school and individuals who have left high school.
(Authority: 20 U.S.C. 2471)
Business and industry organizations include, but are not limited to
--
(1) For-profit businesses or industrial concerns;
(2) Nonprofit businesses or industrial concerns, such as hospitals
and nursing homes;
(3) Associations of business and industry organizations, such as
local or State Chambers of Commerce;
(4) Associations of private industry councils; and
(5) Educational associations -- such as the American Association for
Adult and Continuing Education, the American Council on Education, the
National Association for Bilingual Education, the National Association
of Independent Colleges and Universities, or the National Association of
Technical and Trade Schools.
Contractor means an individual or organization other than a partner
that provides specific and limited services, equipment, or supplies to a
partnership under a contractual agreement.
Employment and training agency includes any agency that provides --
as a substantial portion of its activity -- employment and training
services, either directly or through contract.
Helping organization means an entity other than a partner that
voluntarily assists a partnership by providing services, technical
assistance, or cash or in-kind contributions to the project. Helping
organizations may not be recipients of funds from partners or serve as
contractors.
Partner means an entity included in the list of entities in 472.2(a)
(1) or (2).
Private industry council means the private industry council
established under section 102 of the Job Training Partnership Act (29
U.S.C. 1512).
Site means an entity other than a partner that participates in a
project by providing adult workers to be trained and, at the site's
option, space for this training. A site may not be a recipient of funds
from partners or serve as a contractor.
(Authority: 20 U.S.C. 1211(a))
34 CFR 472.5 Subpart B -- How Does One Apply for an Award?
34 CFR 472.10 Are preapplications required?
The Secretary may require applicants to submit preapplications by
including that requirement in an application notice published in the
Federal Register.
(Authority: 20 U.S.C. 1211(a))
34 CFR 472.11 How does the Secretary consider a preapplication?
(a) The Secretary considers a preapplication if --
(1) The applicant complies with the procedural rules that govern
submission of the preapplication; and
(2) The preapplication is submitted in response to an application
notice that requires preapplications.
(b) If the Secretary requires preapplications and an applicant does
not preapply, the applicant may not apply for a grant.
(c) If an applicant submits a preapplication --
(1) The Secretary --
(i) Informs the applicant that it is eligible and encourages it to
apply for a grant;
(ii) Informs the applicant that it is eligible but does not encourage
it to apply for a grant; or
(iii) Informs the applicant that it is ineligible for assistance, and
explains why the applicant is ineligible; and
(2) An applicant may apply for a grant even if the Secretary has not
encouraged it to apply, as described in paragraph (c)(1)(ii) of this
section.
(Authority: 20 U.S.C. 1211(a))
34 CFR 472.11 Subpart C -- How Does the Secretary Make an Award?
34 CFR 472.20 What priorities may the Secretary establish?
(a) The Secretary may announce through one or more notices published
in the Federal Register the priorities for this program, if any, from
the types of projects described in paragraph (b) of this section.
(b) Priority may be given to projects training adult workers who have
inadequate basic skills and who --
(1) Are currently unable to perform their jobs effectively or are
ineligible for career advancement due to an identified lack of basic
skills;
(2) Are employed in industries retooling with high technology and for
whom training in basic skills is expected to result in continued
employment;
(3) Require training in English-as-a-second-language in order to
increase productivity, to continue employment, or to be eligible for
career advancement; or
(4) Are employed in an industry adversely impacted by competitiveness
in the world economy and for whom training is expected to result in the
increased competitiveness of that industry in world markets.
(c) In making awards under this part, the Secretary gives priority to
applications from partnerships that include small businesses.
(Authority: 20 U.S.C. 1211(a))
(54 FR 34418, Aug. 18, 1989. Redesignated and amended at 57 FR 24091,
24102, June 5, 1992)
Effective Date Note: At 57 FR 24091, 24102, June 5, 1992, part 472
was redesignated from part 432. The newly redesignated 472.20 was
amended by adding a new paragraph (c), effective either 45 days after
publication in the Federal Register or later if Congress takes certain
adjournments.
34 CFR 472.21 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 472.22.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 472.22.
(c) Subject to paragraph (d) of this section, the maximum possible
score for each criterion is indicated in parentheses.
(d) For each competition as announced through a notice published in
the Federal Register, the Secretary may assign the reserved points among
the criteria in 472.22.
(Authority: 20 U.S.C. 1211(a))
34 CFR 472.22 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application:
(a) Program factors. (15 points) The Secretary reviews each
application to determine the extent to which the project --
(1) Demonstrates a strong relationship between skills taught and the
literacy requirements of actual jobs, especially the increased skill
requirements of the changing workplace;
(2) Is targeted to adults with inadequate skills for whom the
training described is expected to mean new employment, continued
employment, career advancement, or increased productivity;
(3) Includes support services, based on cooperative relationships
within the partnership and from helping organizations, necessary to
reduce barriers to participation by adult workers. Support services
could include educational counseling, transportation, and child care
during non-working hours while adult workers are participating in a
project; and
(4) Demonstrates the active commitment of all partners to
accomplishing project goals.
(b) Extent of need for the project. (15 points) The Secretary
reviews each application to determine the extent to which the project
meets specific needs, including consideration of --
(1) The extent to which the project will focus on demonstrated needs
for workplace literacy training of adult workers;
(2) The adequacy of the applicant's documentation of the needs to be
addressed by the project;
(3) How those needs will be met by the project; and
(4) The benefits to adult workers and their industries that will
result from meeting those needs.
(c) Quality of training. (15 points) The Secretary reviews each
application to determine the quality of the training to be provided by
the project, including the extent to which the project will --
(1) Use curriculum materials that are designed for adults and that
reflect the needs of the workplace;
(2) Use individualized educational plans developed jointly by
instructors and adult learners;
(3) Take place in a readily accessible environment conducive to adult
learning; and
(4) Provide training through the partner classified under
472.2(a)(2), unless transferring this activity to the partner classified
under 472.2(a)(1) is necessary and reasonable within the framework of
the project.
(d) Plan of operation. (12 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project, including --
(1) The quality of the project design, especially the establishment
of measurable objectives for the project that are based on the project's
overall goals;
(2) The extent to which the plan of management is effective and
ensures proper and efficient administration of the project, and includes
--
(i) A description of the respective roles of each member of the
partnership in carrying out the plan;
(ii) A description of the activities to be carried out by any
contractors under the plan;
(iii) A description of the respective roles, including any cash or
in-kind contributions, of helping organizations; and
(iv) A description of the respective roles of any sites;
(3) How well the objectives of the project relate to the purposes of
the program;
(4) The quality of the applicant's plan to use its resources and
personnel to achieve each objective; and
(5) How the applicant will ensure that project participants, who are
otherwise eligible to participate, are selected without regard to race,
color, national origin, gender, age, or handicapping condition.
(e) Applicant's experience and quality of key personnel. (10 points)
(1) The Secretary reviews each application to determine the extent of
the applicant's experience in providing literacy services to working
adults.
(2) The Secretary reviews each application to determine the quality
of key personnel the applicant plans to use on the project including --
(i) The qualifications, in relation to project requirements, of the
project director, if one is to be used;
(ii) The qualifications, in relation to project requirements, of each
of the other key personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (e)(2) (i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition.
(3) To determine personnel qualifications under paragraphs (e)(2) (i)
and (ii) of this section, the Secretary considers --
(i) Experience and training in fields related to the objectives of
the project;
(ii) Experience and training in project management; and
(iii) Any other qualifications that pertain to the quality of the
project.
(f) Evaluation plan. (10 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Are clearly explained and appropriate to the project;
(2) To the extent possible, are objective and produce data that are
quantifiable;
(3) Identify expected outcomes of the participants and how those
outcomes will be measured;
(4) Include evaluation of effects on job advancement, job performance
(including, for example, such elements as productivity, safety and
attendance), and job retention; and
(5) Are systematic throughout the project period and provide data
that can be used by the project on an ongoing basis for program
improvement.
(g) Budget and cost-effectiveness. (8 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the project;
(2) Costs are reasonable and necessary in relation to the objectives
of the project; and
(3) The applicant has minimized the purchase of equipment and
supplies in order to devote a maximum amount of resources to
instructional services.
(Approved by the Office of Management and Budget under control number
1830-0507)
(Authority: 20 U.S.C. 1211(a))
34 CFR 472.23 What additional factor does the Secretary consider?
In addition to the criteria in 472.22, the Secretary may consider
whether funding a particular applicant would improve the geographical
distribution of projects funded under this program.
(Authority: 20 U.S.C. 1211(a))
34 CFR 472.23 Subpart D -- What Conditions Must Be Met After an Award?
34 CFR 472.30 What other requirements must be met under this program?
(a) An applicant shall use funds to supplement and not supplant funds
otherwise available for the purposes of this program.
(b) A project may include --
(1) A start-up period between the time the project begins and the
time services are provided to adult workers; and
(2) An operational period during which these services are provided.
(c) (Reserved)
(d) An award under this program may be used to pay --
(1) 100 percent of the administrative costs incurred in establishing
a project during the start-up period under paragraph (e) of this section
by an SEA, LEA, or other entity described in 472.2(a), that receives a
grant under this part; and
(2) 70 percent of the costs of a project after the start-up period.
(e)(1) A project's start-up period may not last longer than 90 days;
and
(2) Applicants shall minimize the start-up period, if any, proposed
for their projects.
(Authority: 20 U.S.C. 1211(a)(2) and (4)(E))
(54 FR 34418, Aug. 18, 1989. Redesignated and amended at 57 FR 24091,
24102, June 5, 1992)
Effective Date Note: At 57 FR 24091, 24102, June 5, 1992, part 472
was redesignated from part 432. The newly redesignated 472.30 was
amended by removing and reserving paragraph (c) and by revising
paragraph (d), effective either 45 days after publication in the Federal
Register or later if Congress takes certain adjournments. The text
remaining in effect until further notice appears below.
432.30 What other requirements must be met under this program?
(c) In partnerships in which either an SEA or an LEA is the grantee,
an award under this program may be used to pay --
(1) 100 percent of the administrative costs incurred by an SEA or an
LEA in establishing projects during the start-up period referenced in
paragraph (b)(1) of this section; and
(2) 70 percent of the costs of a project during the operational
period referenced in paragraph (b)(2) of this section.
(d) In partnerships in which any other entity is the grantee, an
award under this program may be used to pay 70 percent of costs incurred
in establishing and operating the project throughout the period of the
grant.
34 CFR 472.31 How must projects that serve adults with limited English
proficiency provide for the needs of those adults?
(a) Projects serving adults with limited English proficiency or no
English proficiency shall provide for the needs of these adults by
teaching literacy skills needed in the workplace.
(b) Projects may teach workplace literacy skills --
(1) To the extent necessary, in the native language of these adults;
or
(2) Exclusively in English.
(c) Projects must be carried out in coordination with programs
assisted under the Bilingual Education Act and with bilingual vocational
education programs under the Carl D. Perkins Vocational Education Act.
(Authority: 20 U.S.C. 1206a(d) and 1211(a))
34 CFR 472.31 PART 473 -- NATIONAL WORKFORCE LITERACY STRATEGIES PROGRAM
34 CFR 472.31 Subpart A -- General
Sec.
473.1 What is the National Workforce Literacy Strategies Program?
473.2 Who is eligible for an award?
473.3 What activities may the Secretary fund?
473.4 What priorities does the Secretary establish?
473.5 What regulations apply?
473.6 What definitions apply?
34 CFR 472.31 Subpart B -- How Does a Partnership Apply for an Award?
473.12 How does a partnership apply?
34 CFR 472.31 Subpart C -- How Does the Secretary Make an Award?
473.20 How does the Secretary evaluate an application?
473.21 What selection criteria does the Secretary use?
473.22 What additional factors does the Secretary consider?
473.23 May the Secretary limit the design phase of a project?
473.24 May the Secretary limit the amount of funds for
technology-based learning environments?
473.25 What is the Federal share of projects funded under this part?
Authority: 20 U.S.C. 1211, unless otherwise noted.
Source: 57 FR 24102, June 5, 1992, unless otherwise noted.
Effective Date Note: At 57 FR 24102, June 5, 1992, part 473 was
added, effective either 45 days after publication in the Federal
Register or later if Congress takes certain adjournments. The
Department of Education will publish a document in the Federal Register
at a later date, announcing the effective date.
34 CFR 472.31 Subpart A -- General
34 CFR 473.1 What is the National Workforce Literacy Strategies
Program?
In any fiscal year in which amounts appropriated pursuant to section
371(e) of the Act equal or exceed $25,000,000, the Secretary establishes
a National Workforce Literacy Strategies Program to provide awards to
assist unions, unions in collaboration with programs eligible for
assistance under the Act and businesses, and small and medium-sized
businesses, to facilitate the design and implementation of national
strategies to effectively provide literacy and basic skills training to
workers.
(Authority: 20 U.S.C. 1211(c)(1))
34 CFR 473.2 Who is eligible for an award?
(a) Awards under this part are provided to exemplary partnerships
between --
(1) A business, industry, or labor organization, or private industry
council; and
(2) A State educational agency (SEA), a local educational agency
(LEA), an institution of higher education, or a school (including an
area vocational school, an employment and training agency, or a
community-based organization).
(b) A partnership must include as partners at least one entity from
paragraph (a)(1) of this section and at least one entity from paragraph
(a)(2) of this section, and may include more than one entity from each
group.
(c)(1) The partners shall apply jointly to the Secretary for funds.
(2) The partners shall enter into an agreement, in the form of a
single document signed by all partners, designating one member of the
partnership as the applicant and grantee. The agreement must also
detail the role each partner plans to perform, and must bind each
partner to every statement and assurance made in the application.
(Authority: 20 U.S.C. 1211(a)(1))
34 CFR 473.3 What activities may the Secretary fund?
The Secretary provides awards under this part to establish
large-scale national strategies in workforce literacy, which may include
the following activities:
(a) Basic skills training that is --
(1) Cost-effective;
(2) Needed by employees; and
(3) Required by employers to establish a trainable workforce that can
take advantage of further job-specific training and advance the
productivity of the labor force on an individual, industry, or national
level.
(b) Specific program offerings, which may include --
(1) English-as-a-second-language instruction;
(2) Communications skill building;
(3) Interpersonal skill building;
(4) Reading and writing skill building; and
(5) Computation and problem solving.
(c) Appropriate assessments of the literacy and basic skills needs of
individual workers and the skill levels required by business.
(d) Cooperative arrangements with other organizations involved in
providing literacy and basic skills training, including adult education
organizations, vocational education organizations, community and junior
colleges, community-based organizations, State-level agencies, and
private industry councils.
(e) The establishment, as appropriate, of technology-based learning
environments, such as computer-based learning centers.
(Authority: 20 U.S.C. 1211(c)(2))
34 CFR 473.4 What priorities does the Secretary establish?
(a) In making awards under this part, the Secretary gives priority to
applications from partnerships that include small businesses.
(b) Each year the Secretary may establish as a priority one or more
of the types of projects described in paragraph (d) of this section.
(c) The Secretary announces these priorities in a notice published in
the Federal Register.
(d) The Secretary may give priority to projects modeling a national
strategy that --
(1) Is targeted to a business or industry type --
(i) That has been severely and adversely impacted by global
competition; and
(ii) For whose workers basic skills training is expected to result in
increased global competitiveness and productivity;
(2) Demonstrates new methods of involving workers in all aspects of
program development, including project design, job task analysis,
curriculum development, governance, and evaluation, that is integrated
with team-based management or cross-training approaches to be used in
the workplace; or
(3) Includes in project activities the identification, design, and
testing of evaluation approaches and indicators that can relate learning
gains to workplace outcomes such as increased employee readiness for
promotion, and reductions in waste, turnover, and lost management time.
(Authority: 20 U.S.C. 1211(c))
34 CFR 473.5 What regulations apply?
The following regulations apply to the National Workforce Literacy
Strategies Program:
(a) The regulations in this part 473.
(b) The regulations in 34 CFR part 460.
(Authority: 20 U.S.C. 1211(c))
34 CFR 473.6 What definitions apply?
(a) The definitions in 34 CFR 460.3 apply to this part.
(b) The definitions in 34 CFR part 472 also apply to this part.
(c) The following definitions also apply to this part:
Communications skills include not only speaking and listening in the
context of work, but also communicating and receiving directions,
presenting and interpreting work activities to other employees and
supervisors, participating in meetings on quality, and giving and
receiving information to and from customers.
Interpersonal skills include the ability to work with individuals
with different backgrounds and to work as part of a team.
Problem solving includes mathematics and abilities in analysis,
synthesis, sequencing, and decision-making.
(Authority: 20 U.S.C. 1211(c))
34 CFR 473.6 Subpart B -- How Does a Partnership Apply for an Award?
34 CFR 473.12 How does a partnership apply?
(a) Any partnership described in 473.2 that desires to receive an
award under this part shall submit an application to the Secretary.
(b)(1) The application must contain a plan --
(i) Specifying a strategy for designing and implementing workforce
literacy and basic skills training for workers; and
(ii) Justifying the national, statewide, or industry-wide importance
of this strategy.
(2) The application must include --
(i) A demonstration of need for literacy and basic skills training;
(ii) A description of the business or industry for which the strategy
is to be established;
(iii) A statement of specific, measurable goals and participant
outcomes;
(iv) A strategy for achieving the goals, including a description of
the process to identify literacy and basic skills required by employers
and the skills of individual workers, and a description of the specific
services to be provided; and
(v) A description of the costs of the activities to be undertaken.
(Approved by the Office of Management and Budget under control number
1830-0512)
(Authority: 20 U.S.C. 1211(c)(3))
34 CFR 473.12 Subpart C -- How Does the Secretary Make an Award?
34 CFR 473.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 473.21.
(b) The Secretary awards up to 100 points for these criteria,
including 10 points that the Secretary assigns in accordance with
paragraph (d) of this section.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(d) For each competition under this part, the Secretary, in a notice
published in the Federal Register, assigns 10 points among the criteria
in 473.21.
(Authority: 20 U.S.C. 1211(c))
34 CFR 473.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application:
(a) Program factors. (15 points) The Secretary reviews each
application to determine the extent to which the project --
(1)(i) Will have a significant impact --
(A) On a workforce in a particular type of business or industry, such
as textile manufacture or health care;
(B) On businesses and industries of a specific size, such as small
businesses and industries; or
(C) On businesses and industries in a specific type of geographic
area, such as urban or rural businesses and industries; or
(ii) Has an innovative approach, such as an interactive video
curriculum or peer mentoring, that will provide a model that is
replicable in other businesses or industries of a similar type, size, or
geographic area;
(2) Demonstrates a strong relationship between instruction and the
literacy requirements of actual jobs, especially the increased skill
requirements of the changing workplace;
(3) Is targeted to adults with inadequate basic skills for whom the
training described is expected to mean new employment, continued
employment, career advancement, or increased productivity;
(4) Involves workers in designing and implementing the project and in
evaluating its outcomes;
(5) Includes support services designed to overcome the barriers
experienced by small and medium-sized businesses and their employees in
participating in the project. Support services may include educational
counseling, transportation, and child care during non-working hours
while adult workers are participating in the project;
(6) Demonstrates the active commitment of all partners to
accomplishing the goals of the project and the participant outcomes to
be achieved; and
(7) Demonstrates the partnership's ability to continue the program
when Federal funds are no longer available.
(b) Extent of need for the project. (12 points) The Secretary
reviews each application to determine the extent to which the project
meets specific needs, including consideration of --
(1) The extent to which the project will focus on demonstrated
national needs for workforce literacy training of adult workers;
(2) The adequacy of the applicant's documentation of the national
needs to be addressed by the project;
(3) How well those national needs will be met by the project;
(4) The benefits to adult workers and their businesses and industries
that will result from meeting those national needs; and
(5) The extent to which the application demonstrates a relationship
between the basic skills training to be provided to adult workers and
subsequent job-specific training to be provided to those workers.
(c) Quality of training. (15 points) The Secretary reviews each
application to determine the quality of training to be provided by the
project, including the extent to which the project will --
(1) Use curriculum materials that are designed for adults and that
reflect the needs of the workplace;
(2) Use individualized educational plans developed jointly by
instructors and adult learners;
(3) Take place in a readily accessible environment conducive to adult
learning; and
(4) Provide training through the partner that is an SEA, a local
educational agency, an institution of higher education, or a school
(including an area vocational school, an employment and training agency,
or a community-based organization), unless transferring this activity to
another partner is necessary and reasonable within the framework of the
project.
(d) Cooperative arrangements. (5 points) The Secretary considers --
(1) The extent to which the project includes cooperative arrangements
with organizations, other than partners, that are involved in providing
literacy and basic skills training, including adult education
organizations, vocational education organizations, community and junior
colleges, community-based organizations, State level agencies, and
private industry councils;
(2) The adequacy of the description of the roles of the organizations
with whom these cooperative arrangements are made; and
(3) The extent to which the application demonstrates the active
commitment of each of those organizations to accomplishing the goals of
the project and the participant outcomes to be achieved.
(e) Plan of operation. (12 Points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project, including --
(1) The quality of the design of the project;
(2) The extent to which the project goals and participant outcomes --
(i) Will accomplish the purposes of the National Workforce Literacy
Strategies program;
(ii) Are attainable within the project period, given the project's
budget and other resources;
(iii) Are susceptible to evaluation;
(iv) Are objective and measurable; and
(v) For a multi-year project, include specific objectives to be met,
during each budget period, that can be used to determine the progress of
the project toward meeting its intended goals and participant outcomes;
(3) The extent to which the plan of management is effective, ensures
proper and efficient administration of the project, and includes --
(i) A description of the respective roles of each member of the
partnership in carrying out the plan;^
(ii) A description of the activities to be carried out by any
contractors under the plan; and
(iii) A description of the respective roles, including any cash or
in-kind contributions, of any organizations that are not members of the
partnership;
(4) The quality of the applicant's plan to use resources and
personnel to achieve the objectives, goals, and intended participant
outcomes described in the application;
(5) The quality of the applicant's plan to effectively disseminate,
on a national, State, or local level, promising practices developed and
found successful during the project period; and
(6) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or disabling condition.
(f) Applicant's experience and quality of key personnel. (11 points)
(1) The Secretary reviews each application to determine the extent of
the applicant's experience in providing literacy services to adult
workers.
(2) The Secretary also reviews each application to determine the
quality of key personnel that the applicant plans to use on the project,
including --
(i) The qualifications of the project director, in relation to the
purposes of the project;
(ii) The qualifications of each of the other key personnel, in
relation to the purposes of the project;
(iii) The time that each person referred to in paragraphs (f)(2)(i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
disabling condition.
(3) To determine personnel qualifications, the Secretary considers --
(i) Experience and training in fields related to the objectives,
goals, and intended participant outcomes described in the application;
(ii) Experience and training in project management.
(g) Evaluation plan. (15 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Are clearly explained and appropriate to the project;
(2) Will be conducted by an independent evaluator;
(3) Will assess the impact of improving basic skills on workforce or
industry productivity variables such as job turnover, attendance, waste
or error rates, hourly production, and lost management time;
(4) Include formative evaluation activities to help assess student
progress and program management and improve program operations;
(5) Are applied systematically throughout the project period and will
determine how successful the project is in meeting its intended
objectives, goals, and participant outcomes; and
(6) To the extent possible, are objective and produce data that are
quantifiable.
(h) Budget and cost-effectiveness. (5 points)
(1) The Secretary reviews each application to determine if the
project has an adequate budget and is cost effective.
(2) The Secretary considers the extent to which --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the purposes of the project.
(Approved by the Office of Management and Budget under control number
1830-0512)
(Authority: 20 U.S.C. 1211(c))
34 CFR 473.22 What additional factors does the Secretary consider?
In addition to the criteria in 473.21, the Secretary may consider
geographic factors, such as rural and urban areas and national
distribution.
(Authority: 20 U.S.C. 1211(c)(7))
34 CFR 473.23 May the Secretary limit the design phase of a project?
The Secretary may limit the design phase of a project to a reasonable
period.
(Authority: 20 U.S.C. 1211(c))
34 CFR 473.24 May the Secretary limit the amount of funds for
technology-based learning environments?
The Secretary may limit the amount or percentage of an award, or the
amounts or percentages of all awards in a fiscal year, that may be used
for technology-based learning environments, including amounts for
hardware and software.
(Authority: 20 U.S.C. 1211(c))
34 CFR 473.25 What is the Federal share of projects funded under this
part?
An award under this part may not exceed 70 percent of the cost of a
project.
(Authority: 20 U.S.C. 1211(c)(2), (5))
34 CFR 473.25 PART 474 -- NATIONAL ENGLISH LITERACY DEMONSTRATION PROGRAM FOR INDIVIDUALS OF LIMITED ENGLISH PROFICIENCY
34 CFR 473.25 Subpart A -- General
Sec.
474.1 What is the National English Literacy Demonstration Program for
Individuals of Limited English Proficiency?
474.2 Who is eligible for an award?
474.3 What activities may the Secretary fund?
474.4 What regulations apply?
474.5 What definitions apply?
34 CFR 473.25 Subpart B -- (Reserved)
34 CFR 473.25 Subpart C -- How Does the Secretary Make an Award?
474.20 How does the Secretary evaluate an application?
474.21 What selection criteria does the Secretary use?
474.22 What additional factor does the Secretary consider?
34 CFR 473.25 Subpart D -- What Conditions Must be Met After an Award?
474.30 How many States use funds under this program?
474.31 How must projects that serve individuals of limited English
proficiency provide for the needs of those adults?
Authority: 20 U.S.C. 1211a(d), unless otherwise noted.
Source: 54 FR 34424, Aug. 18, 1989, unless otherwise noted.
Redesignated at 57 FR 24091, June 5, 1992.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 474 was
redesignated from part 435, effective either 45 days after publication
in the Federal Register or later if Congress takes certain adjournments.
The Department of Education will publish a document in the Federal
Register at a later date, announcing the effective date.
34 CFR 473.25 Subpart A -- General
34 CFR 474.1 What is the National English Literacy Demonstration
Program for Individuals of Limited English Proficiency?
The National English Literacy Demonstration Program for individuals
of limited English proficiency provides financial assistance for the
development of innovative approaches and methods used in English
literacy programs for individuals of limited English proficiency.
(Authority: 20 U.S.C. 1211a(d))
34 CFR 474.2 Who is eligible for an award?
Public or private nonprofit agencies, institutions, or organizations
are eligible for a grant, cooperative agreement, or contract under this
program.
(Authority: 20 U.S.C. 1211a(d))
34 CFR 474.3 What activities may the Secretary fund?
(a) The Secretary may support, directly or through awards, the
development of innovative approaches and methods of English literacy
education for individuals of limited English proficiency that use new
instructional methods and technologies.
(b) These innovative approaches and methods must be designed to help
limited English proficient adults, out-of-school youths, or both, to
achieve full competence in the English language.
(Authority: 20 U.S.C. 1201a(13) and 1211a(d)(1))
34 CFR 474.4 What regulations apply?
The following regulations apply to the National English Literacy
Demonstration Program for Individuals of Limited English Proficiency:
(a) The Federal Acquisition Regulation (FAR) in 48 CFR Chapter 1 and
the Department of Education Acquisition Regulation (EDAR) in 48 CFR
chapter 34 (applicable to contracts).
(b) The regulations in this part 474.
(c) The regulations in 34 CFR part 425.
(Authority: 20 U.S.C. 1221a)
34 CFR 474.5 What definitions apply?
The definitions in 34 CFR 425.4 apply to this part.
(Authority: 20 U.S.C. 1221a)
34 CFR 474.5 Subpart B -- (Reserved)
34 CFR 474.5 Subpart C -- How Does the Secretary Make an Award?
34 CFR 474.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant or cooperative
agreement on the basis of the criteria in 474.21.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 474.21.
(c) Subject to paragraph (d) of this section, the maximum possible
score for each criterion is indicated in parentheses.
(d) For each competition as announced through a notice published in
the Federal Register, the Secretary may assign the reserved points among
the criteria in 474.21.
(Authority: 20 U.S.C. 1221a(d))
34 CFR 474.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application:
(a) Extent of need for the project. (15 points) The Secretary
reviews each application to determine the extent to which the project
meets specific needs, including consideration of --
(1) The need for the innovative approaches and methods of English
literacy education for individuals of limited English proficiency that
the project proposes to develop;
(2) How the needs were identified; and
(3) How the project will meet the needs.
(b) Project objectives. (10 points) the Secretary reviews each
application to determine the extent to which the project objectives --
(1) Relate to the innovative approaches and methods of English
literacy education for individuals of limited English proficiency
proposed for use in the project;
(2) Are clearly stated;
(3) Are measurable; and
(4) Describe appropriate outcomes.
(c) Plan of operation. (20 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project including --
(1) The quality of the project design and how it incorporates the use
of new instructional methods and technologies;
(2) The extent to which the management plan is well-designed and
ensures proper and efficient administration of the project;
(3) The quality of the applicant's plan to use its resources and
personnel to achieve each objective; and
(4) How the applicant will select project participants and ensure
that project participants who are otherwise eligible to participate are
selected without regard to race, color, national origin, gender, age, or
handicapping condition.
(d) Evaluation. (15 points) the Secretary reviews each application
to determine the quality of the evaluation plan for the project,
including the extent to which the applicant's methods of evaluation --
(1) Are appropriate to the project;
(2) To the extent possible, are objective and produce data that are
quantifiable;
(3) Contribute to the possible replication of the project; and
(4) To the extent possible, include a third party evaluation.
(e) Quality of key personnel. (15 points) (1) The Secretary reviews
each application to determine the quality of key personnel the applicant
plans to use on the project, including --
(i) The qualifications of the director and other key personnel to be
used in the project, particularly as their experience and expertise
relate to English literacy and training in English-as-a-second-language
for adults;
(ii) The appropriateness of the time that each person referred to in
paragraph (e)(1)(i) of this section will commit to the project; and
(iii) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that personnel will be selected without regard to
race, color, national origin, gender, age, or handicapping condition.
(2) To determine personnel qualifications under paragraphs (e)(1) (i)
and (ii) of this section, the Secretary considers --
(i) Experience and training in fields related to the objectives of
the project;
(ii) Experience and training in project management; and
(iii) Any other qualifications that pertain to the quality of the
project.
(f) Institutional commitment. (5 points) The Secretary reviews each
application to determine the extent to which the applicant's agency,
institution, or organization --
(1) Has experience in providing English literacy services for
individuals of limited English proficiency;
(2) Will provide appropriate resources; and
(3) Will provide adequate facilities, equipment, and supplies.
(g) Budget and cost effectiveness. (5 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the
project.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: 20 U.S.C. 1211a(d))
(54 FR 34424, Aug. 18, 1989; 54 FR 46065, Nov. 1, 1989)
34 CFR 474.22 What additional factor does the Secretary consider?
In addition to the criteria in 474.21, the Secretary may consider
whether funding a particular application would contribute to the funding
of a variety of approaches and methods.
(Authority: 20 U.S.C. 1221a(d))
34 CFR 474.22 Subpart D -- What Conditions Must be Met After an Award?
34 CFR 474.30 How may States use funds under this program?
An award to a State educational agency under this program may be used
in combination with other Federal funds awarded to a State for literacy
training for individuals of limited English proficiency.
(Authority: 20 U.S.C. 1221a(d))
34 CFR 474.31 How must projects that serve individuals of limited
English proficiency provide for the needs of those adults?
(a) Projects that serve individuals of limited English proficiency or
no English proficiency shall provide for the needs of these adults by
providing programs designed to teach English and, as appropriate, to
allow these adults to progress effectively through the adult education
program or to prepare them to enter the regular program of adult
education as quickly as possible.
(b) These programs may, to the extent necessary, provide instruction
in the native language of these adults or may provide instruction
exclusively in English.
(c) These programs must be carried out in coordination with programs
assisted under the Bilingual Education Act and with bilingual vocational
education programs under the Carl D. Perkins Vocational Education Act.
(Authority: 20 U.S.C. 1206a(d) and 1211a)
34 CFR 474.31 PART 475 -- ADULT MIGRANT FARMWORKER AND IMMIGRANT EDUCATION PROGRAM
34 CFR 474.31 Subpart A -- General
Sec.
475.1 What is the Adult Migrant Farmworker and Immigrant Education
Program?
475.2 What activities may the Secretary fund?
475.3 Who is eligible for an award?
475.4 What regulations apply?
475.5 What definitions apply?
34 CFR 474.31 Subpart B -- (Reserved)
34 CFR 474.31 Subpart C -- How Does the Secretary Make an Award?
475.20 What priorities may the Secretary establish?
475.21 How does the Secretary evaluate an application?
475.22 What selection criteria does the Secretary use?
475.23 What additional factor does the Secretary consider?
34 CFR 474.31 Subpart D -- What Conditions Must Be Met After an Award?
475.30 How must projects that serve adults with limited English
proficiency provide for the needs of those adults?
Authority: 20 U.S.C. 1213, unless otherwise noted.
Source: 54 FR 34426, Aug. 18, 1989, unless otherwise noted.
Redesignated at 57 FR 24091, June 5, 1992.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 475 was
redesignated from part 436, effective either 45 days after publication
in the Federal Register or later if Congress takes certain adjournments.
The Department of Education will publish a document in the Federal
Register at a later date, announcing the effective date.
34 CFR 474.31 Subpart A -- General
34 CFR 475.1 What is the Adult Migrant Farmworker and Immigrant
Education Program?
The Adult Migrant Farmworker and Immigrant Education Program provides
financial assistance for adult education programs, services, and
activities to meet the special needs of adult migrant farmworkers and
immigrants.
(Authority: 20 U.S.C. 1213(a))
34 CFR 475.2 What activities may the Secretary fund?
The Secretary provides awards for planning, developing, and
evaluating projects that are designed to provide adult education
programs, services, and activities to meet the special needs of adult
migrant farmworkers and immigrants.
(Authority: 20 U.S.C. 1213(a))
34 CFR 475.3 Who is eligible for an award?
(a) The following entities are eligible for a direct grant under the
Adult Migrant Farmworker and Immigrant Education Program:
(1) A State educational agency (SEA).
(2) A local educational agency (LEA).
(3)(i) A public or private nonprofit agency, organization, or
institution.
(ii) The nonprofit agency, organization, or institution shall consult
the LEA in the area proposed to be served by the applicant and give that
LEA an opportunity to comment on the application.
(iii) The nonprofit agency, organization, or institution shall
respond to the LEA's comments and attach the comments and responses to
the application.
(4)(i) An LEA or public or private nonprofit agency, organization or
institution may apply on behalf of a consortium that includes a
for-profit agency, organization, or institution that can make a
significant contribution to attaining the objective of the Act.
(ii) The LEA or public or private nonprofit agency, organization, or
instituion shall enter into a contract with the for-profit agency,
organization, or institution for the establishment or expansion of
programs.
(b)(1) To be eligible for a grant, the applicant must propose a
project of the type described in the State's plan as appropriate for
meeting the educational needs of adult migrant farmworkers and
immigrants.
(2)(i) An applicant other than an SEA shall obtain from the SEA a
certification that the proposed project meets the requirements of
paragraph (b)(1) of this section and forward that certification to the
Secretary with the application.
(ii) An SEA that declines to issue a certification for a proposed
project shall provide the applicant and the Secretary a written
statement of its reasons for withholding certification.
(Authority: 20 U.S.C. 1203a(a) (1), (2), and 1213(a))
34 CFR 475.4 What regulations apply?
The following regulations apply to the Adult Migrant Farmworker and
Immigrant Education Program:
(a) The regulations in this part 475.
(b) The regulations in 34 CFR part 425.
(Authority: 20 U.S.C. 1213(a))
34 CFR 475.5 What definitions apply?
The definitions in 34 CFR 425.4 apply to this part.
(Authority: 20 U.S.C. 1213(a))
34 CFR 475.5 Subpart B -- (Reserved)
34 CFR 475.5 Subpart C -- How Does the Secretary Make an Award?
34 CFR 475.20 What priorities may the Secretary establish?
(a) The Secretary may announce through one or more notices published
in the Federal Register the priorities for this program, if any, from
the types of projects described in paragraph (b) of this section.
(b) Priority may be given to projects that meet the special needs of
--
(1) Adult migrant farmworkers; or
(2) Adult migrants.
(Authority: 20 U.S.C. 1213(a))
34 CFR 475.21 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 475.22.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 475.22.
(c) Subject to paragraph (d) of this section, the maximum possible
score for each criterion is indicated in parentheses.
(d) For each competition as announced through a notice published in
the Federal Register, the Secretary may assign the reserved points among
the criteria in 475.22.
(Authority: 20 U.S.C. 1213(a))
34 CFR 475.22 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application:
(a) Need. (15 points) (1) The Secretary reviews each application to
determine how it addresses the literacy training needs of adult migrant
farmworkers, adult immigrants, or both.
(2) The Secretary looks for information that describes --
(i) The literacy training needs of adults to be served by the
project; and
(ii) The number and characteristics of the adults to be served by the
project.
(b) Plan of operation. (15 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project, including --
(1) High quality in the design of the project;
(2) An effective plan of management that ensures proper and efficient
administration of the project;
(3) A clear description of how the objectives of the project relate
to the purpose of the program;
(4) How the applicant plans to use its resources and personnel to
achieve each objective; and
(5) A clear description of how the applicant will select participants
and ensure that project participants who are otherwise eligible to
participate are selected without regard to race, color, national origin,
gender, age, or handicapping condition.
(c) Program factors. (15 points) The Secretary reviews each
application to determine the extent to which there is --
(1) A clear description of the services to be offered;
(2) Evidence of past successful performance using the model being
proposed, if appropriate;
(3) A complete description of the methodology to be used including
some or all of the following components:
(i) A thorough assessment of the needs of individual students.
(ii) Recruitment strategies that are culturally appropriate.
(iii) Flexibility in the manner that services are offered, e.g., the
provision of an accessible training site and schedule and the use of
aides.
(iv) Individualized treatment.
(v) Counseling; and
(4) Any ongoing and planned activities in the community that will
serve the same population as the project; and the extent to which
coordination with those activities is planned so that a comprehensive
package of services is provided for the project participants and the
project does not duplicate existing activities.
(d) Quality of key personnel. (15 points) (1) The Secretary reviews
each application to determine the quality of key personnel the applicant
plans to use in the project, including --
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each one of the key personnel, including the
project director, will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition.
(2) To determine personnel qualifications under paragraphs (d)(1)(i)
and (ii) of this section, the Secretary considers --
(i) Experience and training in fields related to the objectives of
the project;
(ii) Experience and training in project management; and
(iii) Any other qualifications that pertain to the quality of the
project.
(e) Evaluation plan. (15 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Are clearly explained and appropriate for the project;
(2) To the extent possible, are objective and produce data that are
quantifiable;
(3) Identify expected outcomes of the participants and how those
outcomes will be measured; and
(4) To the extent possible, include a third party evaluation.
(f) Budget and cost effectiveness. (5 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the
project.
(g) Adequacy of resources. (5 points) The Secretary reviews each
application to determine the adequacy of the resources that the
applicant plans to devote to the project, including facilities,
equipment, and supplies.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: 20 U.S.C. 1213(a))
(54 FR 34426, Aug. 18, 1989; 54 FR 46065, Nov. 1, 1989)
34 CFR 475.23 What additional factor does the Secretary consider?
In addition to the criteria in 475.22, the Secretary may consider
whether funding a particular applicant would improve the geographical
distribution of projects funded under this program.
(Authority: 20 U.S.C. 1213(a))
34 CFR 475.23 Subpart D -- What Conditions Must be Met After an Award?
34 CFR 475.30 How must projects that serve adults with limited English
proficiency provide for the needs of those adults?
(a) Projects that serve adults with limited English proficiency or no
English proficiency shall provide for the needs for these adults by
providing programs designed to teach English and, as appropriate, to
allow these adults to progress effectively through the adult education
program or to prepare them to enter the regular program of adult
education as quickly as possible.
(b) These programs may, to the extent necessary, provide instruction
in the native language of these adults or may provide instruction
exclusively in English.
(c) These programs must be carried out in coordination with programs
assisted under the Bilingual Education Act and with bilingual vocational
education programs under the Carl D. Perkins Vocational Education Act.
(Authority: 20 U.S.C. 1206(d) and 1213(a))
34 CFR 475.30 PART 476 -- NATIONAL ADULT LITERACY VOLUNTEER TRAINING PROGRAM
34 CFR 475.30 Subpart A -- General.
Sec.
476.1 What is the National Adult Literacy Volunteer Training Program?
476.2 Who is eligible for an award?
476.3 What activities may the Secretary fund?
476.4 What regulations apply?
476.5 What definitions apply?
34 CFR 475.30 Subpart B -- (Reserved)
34 CFR 475.30 Subpart C -- How Does the Secretary Make an Award?
476.20 How does the Secretary evaluate an application?
476.21 What selection criteria does the Secretary use?
476.22 What additional factors does the Secretary consider?
Authority: 20 U.S.C. 1213a, unless otherwise noted.
Source: 54 FR 34427, Aug. 18, 1989, unless otherwise noted.
Redesignated at 57 FR 24091, June 5, 1992.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 476 was
redesignated from part 437, effective either 45 days after publication
in the Federal Register or later if Congress takes certain adjournments.
The Department of Education will publish a document in the Federal
Register at a later date, announcing the effective date.
34 CFR 475.30 Subpart A -- General
34 CFR 476.1 What is the National Adult Literacy Volunteer Training
Program?
The National Adult Literacy Volunteer Training Program provides
financial assistance for projects that train adult volunteers,
especially the elderly, who wish to participate as tutors in local adult
education programs under the Act.
(Authority: 20 U.S.C. 1213a(a))
34 CFR 476.2 Who is eligible for an award?
The following entities are eligible for a direct grant or cooperative
agreement under the Adult Literacy Volunteer Training Program:
(a) State educational agencies.
(b) Local educational agencies.
(c) Public or private nonprofit agencies, organizations, or
institutions.
(Authority: 20 U.S.C. 1213a(a))
34 CFR 476.3 What activities may the Secretary fund?
The Secretary supports planning, implementation, and evaluation of
projects designed to train adult volunteers, especially the elderly, who
wish to participate as tutors in local adult education programs under
the Act.
(Authority: 20 U.S.C. 1213a(a))
34 CFR 476.4 What regulations apply?
The following regulations apply to the National Adult Literacy
Volunteer Training Program:
(a) The regulations in this part 476.
(b) The regulations in 34 CFR part 425.
(Authority: 20 U.S.C. 1213a)
34 CFR 476.5 What definitions apply?
(a) The definitions in 34 CFR 425.4 apply to this part.
(b) The following definition also applies to this part:
Elderly means an individual 60 years of age or older.
(Authority: 20 U.S.C. 1213a(a))
34 CFR 476.5 Subpart B -- (Reserved)
34 CFR 476.5 Subpart C -- How Does the Secretary Make an Award?
34 CFR 476.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 476.21.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 476.21.
(c) Subject to paragraph (d) of this section, the maximum possible
score for each criterion is indicated in parentheses.
(d) For each competition as announced through a notice published in
the Federal Register, the Secretary may assign the reserved points among
the criteria in 476.21.
(Authority: 20 U.S.C. 1213a(a))
34 CFR 476.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application:
(a) Extent of need for the project. (10 points) The Secretary
reviews each application to determine the extent to which the project
meets volunteer training needs, including consideration of --
(1) The extent to which the project will train adult volunteers,
especially the elderly, who can be placed in an adult education program
immediately upon completion of the training program;
(2) The extent to which the project has identified specific training
needs for volunteers in the geographical area to be served for which
resources are not available; and
(3) How these training needs were identified.
(b) Project objectives. (10 points) The Secretary reviews each
application to determine the extent to which the project objectives --
(1) Are clearly stated;
(2) Are measurable; and
(3) Will result in appropriate project outcomes.
(c) Plan of operation. (20 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project including --
(1) The quality of the training design;
(2) The extent to which the participant recruitment and selection
plan is effective and is designed to ensure that participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or handicapping condition;
(3) The extent to which the plan of operation provides for the
effective management and efficient administration of the project; and
(4) The extent to which the training program relates appropriately to
any training programs in the community.
(d) Evaluation. (15 points) The Secretary reviews each application
to determine the quality of the evaluation plan for the project,
including the extent to which the applicant's methods of evaluation --
(1) Are clearly explained and are appropriate to the project;
(2) Include a description of the outcomes expected for participants;
(3) Include a description of how these outcomes will be measured;
and
(4) Include a plan, as a part of the project, to follow up the
trainees' placement as tutors in adult education programs.
(e) Quality of key personnel. (15 points) (1) The Secretary reviews
each application to determine the quality of key personnel the applicant
plans to use on the project, including --
(i) The qualification of the project director;
(ii) The qualifications of trainers and other key personnel;
(iii) The appropriateness of, and time allotted to, each of the
assigned tasks; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that personnel will be selected without regard to
race, color, national origin, gender, age, or handicapping condition.
(2) To determine personnel qualification under paragraphs (e)(1) (i)
and (ii) of this section, the Secretary considers --
(i) Experience and training in fields related to the objectives of
the project;
(ii) Experience and training in project management; and
(iii) Any other qualifications that pertain to the quality of the
project.
(f) Institutional commitment. (10 points) The Secretary reviews each
application to determine the extent to which the applicant's agency,
organization, or institution --
(1) Has experience in providing literacy services to adults;
(2) Will provide adequate training facilities; and
(3) Will provide other appropriate resources.
(g) Budget and cost effectiveness. (5 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the
project.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: 20 U.S.C. 1213a(a))
(54 FR 34427, Aug. 18, 1989; 54 FR 46065, Nov. 1, 1989)
34 CFR 476.22 What additional factors does the Secretary consider?
In addition to the criteria in 476.21, the Secretary may consider
the following factors in making an award:
(a) Geographic distribution. The Secretary may consider whether
funding a particular applicant would improve the geographical
distribution of projects funded under this program.
(b) Variety of approaches. The Secretary may consider whether
funding a particular applicant would contribute to the funding of a
variety of approaches.
(Authority: 20 U.S.C. 1213a(a))
34 CFR 476.22 PART 477 -- STATE PROGRAM ANALYSIS ASSISTANCE AND POLICY STUDIES PROGRAM
34 CFR 476.22 Subpart A -- General
Sec.
477.1 What is the State Program Analsyis Assistance and Policy
Studies Program?
477.2 Who is eligible for an award?
477.3 What activities may the Secretary fund?
477.4 What regulations apply?
477.5 What definitions apply?
34 CFR 476.22 Subpart B -- (Reserved)
34 CFR 476.22 Subpart C -- How Does the Secretary Make an Award?
477.20 How does the Secretary evaluate an application?
477.21 What selection criteria does the Secretary use?
477.22 What additional factors does the Secretary consider?
Authority: 20 U.S.C. 1213b(a), unless otherwise noted.
Source: 54 FR 34428, Aug. 18, 1989, unless otherwise noted.
Redesignated at 57 FR 24091, June 5, 1992.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 477 was
redesignated from part 438, effective either 45 days after publication
in the Federal Register or later if Congress takes certain adjournments.
The Department of Education will publish a document in the Federal
Register at a later date, announcing the effective date.
34 CFR 476.22 Subpart A -- General
34 CFR 477.1 What is the State Program Analysis Assistance and Policy
Studies Program?
The State Program Analysis Assistance and Policy Studies Program
assists States in evaluating the status and progress of adult education
in achieving the purposes of the Act.
(Authority: 20 U.S.C. 1213b(a))
34 CFR 477.2 Who is eligible for an award?
(a) Public or private nonprofit agencies, organizations, or
institutions are eligible for a grant or cooperative agreement under
this program.
(b) Business concerns or public or private nonprofit agencies,
organizations, or institutions are eligible for a contract under this
program.
(Authority: 20 U.S.C. 1213b(a))
34 CFR 477.3 What activities may the Secretary fund?
The Secretary may support the following directly or through awards:
(a) An analysis of State plans and of the findings of evaluations
conducted in accordance with section 352 of the Act, with suggestions to
State educational agencies for improvements in planning or program
operation.
(b) The provision of an information network (in conjunction with the
National Diffusion Network) on the results of research in adult
education, the operation of model or innovative programs (including
efforts to continue activities and services under the program after
Federal funding has been discontinued), successful experiences in the
planning, administration, and conduct of adult education programs,
advances in curriculum and instructional practices, and other
information useful in the improvement of adult education.
(c) Any other activities, including national policy studies, which
the Secretary may designate, that assist States in evaluating the status
and progress of adult education in achieving the purposes of the Act.
(Authority: 20 U.S.C. 1213b(a))
34 CFR 477.4 What regulations apply?
The following regulations apply to the State Program Analysis
Assistance and Policy Studies Program:
(a) The Federal Acquisition Regulation (FAR) in 48 CFR Chapter 1 and
the Department of Education Acquisition Regulation (EDAR) in 48 CFR
Chapter 34 (applicable to contracts).
(b) The regulations in this part 477.
(c) The regulations in 34 CFR part 425.
(Authority: 20 U.S.C. 1213b(a))
34 CFR 477.5 What definitions apply?
The definitions in 34 CFR 425.4 apply to this part.
(Authority: 20 U.S.C. 1213b(a))
34 CFR 477.5 Subpart B -- (Reserved)
34 CFR 477.5 Subpart C -- How Does the Secretary Make an Award?
34 CFR 477.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a grant or cooperative
agreement on the basis of the criteria in 477.21.
(b) The Secretary may award up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 477.21.
(c) Subject to paragraph (d) of this section, the maximum possible
score for each criterion is indicated in parentheses.
(d) For each competition as announced through a notice published in
the Federal Register, the Secretary may assign the reserved points among
the criteria in 477.21.
(Authority: 20 U.S.C. 1213b(a))
34 CFR 477.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application:
(a) Program factors. (10 points) The Secretary reviews each
application to determine how well the objectives of the proposed project
will assist States in evaluating the status and progress of their adult
education programs.
(b) Extent of need for the project. (10 points) The Secretary
reviews each application to determine the extent to which the proposed
project meets specific needs, including consideration of --
(1) The needs addressed by the project;
(2) How the applicant identified those needs;
(3) How those needs relate to project objectives; and
(4) The benefits to be gained by meeting those needs.
(c) Plan of operation. (20 points) The Secretary reviews each
aplication to determine the quality of the plan of operation for the
proposed project, including --
(1) The quality of the design of the project;
(2) The extent to which the plan of management is effective and
ensures proper and efficient administration of the project;
(3) How well the objectives of the project relate to the purpose of
the program; and
(4) The quality of the applicant's plan to use its resources and
personnel to achieve each objective.
(d) Quality of key personnel. (15 points) (1) The Secretary reviews
each application to determine the quality of key personnel the applicant
plans to use on the proposed project, including --
(i) The qualifications and experience of the project director, if one
is to be used;
(ii) The qualifications and experience of each of the other key
personnel to be used on the project;
(iii) The time that each person referred to in paragraphs (d)(1)(i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition.
(2) To determine personnel qualifications under paragraphs (d)(1)(i)
and (ii) of this section, the Secretary considers --
(i) Experience and training in fields related to the objectives of
the project;
(ii) Experience and training in project management; and
(iii) Any other qualifications that pertain to the quality of the
project.
(e) Budget and cost effectiveness. (5 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the proposed project
activities; and
(2) Costs are necessary and reasonable in relation to the objectives
of the project.
(f) Evaluation plan. (10 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Are appropriate for the project; and
(2) To the extent possible, are objective and produce data that are
quantifiable.
(g) Adequacy of resources. (5 points) The Secretary reviews each
application to determine the adequacy of the resources that the
applicant plans to devote to the project, including facilities,
equipment, and supplies.
(h) Dissemination plan. (10 points) The Secretary reviews each
application to determine the quality of the dissemination plan for the
project, including --
(1) The extent to which the project is designed to yield outcomes
that can be readily disseminated;
(2) A description of the types of materials the applicant plans to
make available and the methods for making the materials avialable; and
(3) Provisions for publicizing the findings of the project at the
local, State, and national levels, as appropriate.
(Approved by the Office of Management and Budget under control number
1830-0013)
(Authority: 20 U.S.C. 1213b(a))
(54 FR 34428, Aug. 18, 1989; 54 FR 46065, Nov. 1, 1989)
34 CFR 477.22 What additional factors does the Secretary consider?
In addition to the criteria in 477.21, the Secretary may consider
the following factors in making an award:
(a) Geographic distribution. The Secretary may consider whether
funding a particular applicant would improve the geographical
distribution of projects funded under this program.
(b) Variety of approaches. The Secretary may consider whether
funding a particular applicant would contribute to the funding of a
variety of approaches to assisting States in evaluating the status and
progress of their adult education programs.
(Authority: 20 U.S.C. 1213b(a)).
34 CFR 477.22 PART 489 -- FUNCTIONAL LITERACY FOR STATE AND LOCAL PRISONERS PROGRAM
34 CFR 477.22 Subpart A -- General
Sec.
489.1 What is the Functional Literacy for State and Local Prisoners
Program?
489.2 Who is eligible for a grant?
489.3 What activities may the Secretary fund?
489.4 What regulations apply?
489.5 What definitions apply?
34 CFR 477.22 Subpart B -- How Does One Apply for a Grant?
489.10 How does an eligible entity apply for a grant?
34 CFR 477.22 Subpart C -- How Does the Secretary Make an Award?
489.20 How does the Secretary evaluate an application?
489.21 What selection criteria does the Secretary use?
34 CFR 477.22 Subpart D -- What Conditions Must be Met after an Award?
489.30 What annual report is required?
Authority: 20 U.S.C. 1211-2, unless otherwise noted.
Source: 57 FR 24105, June 5, 1992, unless otherwise noted.
Effective Date Note: At 57 FR 24105, June 5, 1992, part 489 was
added, effective either 45 days after publication in the Federal
Register or later if Congress takes certain adjournments. The
Department of Education will publish a document in the Federal Register
at a later date, announcing the effective date.
34 CFR 477.22 Subpart A -- General
34 CFR 489.1 What is the Functional Literacy for State and Local
Prisoners Program?
(a) The Secretary makes grants to eligible entities that elect to
establish a demonstration or system-wide functional literacy program for
adult prisoners, as described 489.3.
(b) Grants under this part may be used for establishing, improving,
expanding, or carrying out a program, and for developing the plans and
submitting the reports required by this part.
(Authority: 20 U.S.C. 1211-2(a), (d)(1))
34 CFR 489.2 Who is eligible for a grant?
A State correctional agency, a local correctional agency, a State
correctional education agency, or a local correctional education agency
is eligible for a grant under this part.
(Authority: 20 U.S.C. 1211-2(f)(1))
34 CFR 489.3 What activities may the Secretary fund?
(a) To qualify for funding under 489.1, a functional literacy
program must --
(1) To the extent possible, make use of advanced technologies, such
as interactive video- and computer-based adult literacy learning: and
(2) Include --
(i) A requirement that each person incarcerated in the system,
prison, jail, or detention center who is not functionally literate,
except a person described in paragraph (b) of this section, shall
participate in the program until the person --
(A) Achieves functional literacy, or in the case of an individual
with a disability, achieves a level of functional literacy commensurate
with his or her ability;
(B) Is granted parole;
(C) Completes his or her sentence; or
(D) Is released pursuant to court order; and
(ii) A prohibition on granting parole to any person described in
paragraph (a)(2)(i) of this section who refuses to participate in the
program, unless the State parole board determines that the prohibition
should be waived in a particular case; and
(iii) Adequate opportunities for appropriate education services and
the screening and testing of all inmates for functional literacy and
disabilities affecting functional literacy, including learning
disabilities, upon arrival in the system or at the prison, jail, or
detention center.
(b) The requirement of paragraph (a)(2)(i) does not apply to a person
who --
(1) Is serving a life sentence without possibility of parole;
(2) Is terminally ill; or
(3) Is under a sentence of death.
(Authority: 20 U.S.C. 1211-2(b))
34 CFR 489.4 What regulations apply?
The following regulations apply to the Functional Literacy for State
and Local Prisoners Program:
(a) The regulations in this part 489.
(b) The regulations in 34 CFR 460.3.
(Authority: 20 U.S.C. 1211-2)
34 CFR 489.5 What definitions apply?
(a) The definitions in 34 CFR 460.4 apply to this part.
(b) As used in this part --
Functional literacy means at least an eighth grade equivalence, or a
functional criterion score, on a nationally recognized literacy
assessment.
Local correctional agency means any agency of local government that
provides corrections services to incarcerated adults.
Local correctional education agency means any agency of local
government, other than a local correctional agency, that provides
educational services to incarcerated adults.
State correctional agency means any agency of State government that
provides corrections services to incarcerated adults.
State correctional education agency means any agency of State
government, other than a State correctional agency, that provides
educational services to incarcerated adults.
(Authority: 20 U.S.C. 1211-2(f)(2))
34 CFR 489.5 Subpart B -- How Does One Apply for a Grant?
34 CFR 489.10 How does an eligible entity apply for a grant?
An eligible entity may receive a grant under this part if the entity
submits an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require, including,
but not limited to, the following:
(a) An assurance that the entity will provide the Secretary such data
as the Secretary may request concerning the cost and feasibility of
operating the functional literacy programs authorized by 489.1(a),
including the annual reports required by 489.30.
(b) A detailed plan outlining the methods by which the provisions of
489.1 and 489.3 will be met, including specific goals and timetables.
(Approved by the Office of Management and Budget under control number
1830-0512.)
(Authority: 20 U.S.C. 1211-2(d)(2))
34 CFR 489.10 Subpart C -- How Does the Secretary Make an Award?
34 CFR 489.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 489.21.
(b) The Secretary awards up to 100 points for these criteria,
including 15 points that the Secretary assigns in accordance with
paragraph (d) of this section.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(d) For each competition under this part, the Secretary, in a notice
published in the Federal Register, assigns 15 points among the criteria
in 489.21.
(Authority: 20 U.S.C. 1211-2)
34 CFR 489.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application:
(a) Program factors. (15 points) The Secretary reviews the
application to determine the quality of the proposed project, including
the extent to which the application includes --
(1) A clear description of the services to be offered;
(2) A complete description of the methodology to be used, including a
thorough assessment of all offenders in the system and assessments
necessary to identify offenders with disabilities affecting functional
literacy;
(3) Flexibility in the manner that services are offered, including
the provision of accessible class schedules;
(4) A strong relationship between skills taught and the literacy and
skill requirements of the changing workplace; and
(5) An innovative approach, such as interactive video curriculum or
peer tutoring that will provide a model that is replicable in other
correctional facilities of a similar type or size; and
(6) Staff in-service education.
(b) Educational significance. (15 points) The Secretary reviews each
application to determine the extent to which the applicant proposes --
(1) Project objectives that contribute to the improvement of
functional literacy;
(2) To use unique and innovative techniques to produce benefits that
address functional literacy problems and needs that are of national
significance; and
(3) To demonstrate how well those national needs will be met by the
project.
(c) Plan of operation. (15 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project, including --
(1) The quality of the design of the project;
(2) The extent to which the project includes specific intended
outcomes that --
(i) Will accomplish the purposes of the program;
(ii) Are attainable within the project period, given the project's
budget and other resources;
(iii) Are susceptible to evaluation;
(iv) Are objective and measurable; and
(v) For a multi-year project, include specific objectives to be met,
during each budget period, that can be used to determine the progress of
the project toward meeting its intended outcomes;
(3) The extent to which the plan of management is effective and
ensures proper and efficient administration of the project;
(4) The quality of the applicant's plan to use its resources and
personnel to achieve each objective and intended outcome during the
period of Federal funding; and
(5) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or disabling condition.
(d) Evaluation plan. (15 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Are clearly explained and appropriate to the project;
(2) Will determine how successful the project is in meeting its
intended outcomes, including an assessment of the effectiveness of the
project in improving functional literacy of prisoners. To the extent
feasible, the assessment must include a one-year post-release review,
during the grant period, to measure the success of the project with
respect to those prisoners who received services and were released. The
assessment must involve comparison of the project to other existing
education and training programs or no treatment for individuals, as
appropriate. The evaluation must be designed to produce findings that,
if positive and significant, can be used in submission of an application
to the Department's Program Effectiveness Panel. To assess program
effectiveness, consideration may be given to implementing a random
assignment evaluation design. (Review criteria for the Program
Effectiveness Panel are provided in 34 CFR 786.12.);
(3) Provide for an assessment of the efficiency of the program's
replication efforts, including dissemination activities and technical
assistance provided to other projects;
(4) Include formative evaluation activities to help assess program
management and improve program operations; and
(5) To the extent possible, are objective and produce data that are
quantifiable.
(e) Demonstration and dissemination. (10 points) The Secretary
reviews each application to determine the efficiency of the plan for
demonstrating and disseminating information about project activities and
results throughout the project period, including --
(1) High quality in the design of the demonstration and dissemination
plan;
(2) Identification of target groups and provisions for publicizing
the project at the local, State, and national levels by conducting or
delivering presentations at conferences, workshops, and other
professional meetings and by preparing materials for journal articles,
newsletters, and brochures;
(3) Provisions for demonstrating the methods and techniques used by
the project to others interested in replicating these methods and
techniques, such as by inviting them to observe project activities;
(4) A description of the types of materials the applicant plans to
make available to help others replicate project activities and the
methods for making the materials available; and
(5) Provisions for assisting others to adopt and successfully
implement the project or methods and techniques used by the project.
(f) Key personnel. (5 points)
(1) The Secretary reviews each application to determine the quality
of key personnel the applicant plans to use on the project, including --
(i) The qualifications, in relation to the objectives and planned
outcomes of the project, of the project director;
(ii) The qualifications, in relation to the objectives and planned
outcomes of the project, of each of the other key personnel to be used
in the project, including any third-party evaluator;
(iii) The time that each person referred to in paragraphs (f)(1) (i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
disabling condition.
(2) To determine personnel qualifications under paragraphs (f)(1) (i)
and (ii) of this section, the Secretary considers experience and
training in project management and in fields related to the objectives
and planned outcomes of the project.
(g) Budget and cost effectiveness. (5 points) The Secretary reviews
each application to determine the extent to which the budget --
(1) Is cost effective and adequate to support the project activities;
(2) Contains costs that are reasonable and necessary in relation to
the objectives of the project; and
(3) Proposes using non-Federal resources available from appropriate
employment, training, and education agencies in the State to provide
project services and activities and to acquire project equipment and
facilities.
(h) Adequacy of resources and commitment. (5 points)
(1) The Secretary reviews each application to determine the extent to
which the applicant plans to devote adequate resources to the project.
The Secretary considers the extent to which --
(i) Facilities that the applicant plans to use are adequate; and
(ii) Equipment and supplies that the applicant plans to use are
adequate.
(2) The Secretary reviews each application to determine the
applicant's commitment to the project, including the extent to which --
(i) Non-Federal resources are adequate to provide project services
and activities, especially resources of the public and private sectors;
and
(ii) The applicant has the capacity to continue, expand, and build
upon the project when Federal assistance ends. (Approved by the Office
of Management and Budget under control number 1830-0512)
(Authority: 20 U.S.C. 1211-2)
34 CFR 489.21 Subpart D -- What Conditions Must be Met after an Award?
34 CFR 489.30 What annual report is required?
(a) Within 90 days after the close of the first calendar year in
which a literacy program authorized by 489.1 is placed in operation,
and annually for each of the 4 years thereafter, a grantee shall submit
a report to the Secretary with respect to its literacy program.
(b) A report under paragraph (a) of this section must disclose --
(1) The number of persons who were tested for eligibility during the
preceding year;
(2) The number of persons who were eligible for the literacy program
during the preceding year;
(3) The number of persons who participated in the literacy program
during the preceding year;
(4) The name and types of tests that were used to determine
functional literacy and the names and types of tests that were used to
determine disabilities affecting functional literacy;
(5) The average number of hours of instruction that were provided per
week and the average number per student during the preceding year;
(6) Sample data on achievement of participants in the program,
including the number of participants who achieved functional literacy;
(7) Data on all direct and indirect costs of the program; and
(8) Information on progress toward meeting the program's goals.
(Approved by the Office of Management and Budget under control number
1830-0512)
(Authority: 20 U.S.C. 1211-2(c))
34 CFR 489.30 PART 490 -- LIFE SKILLS FOR STATE AND LOCAL PRISONERS PROGRAM
34 CFR 489.30 Subpart A -- General
Sec.
490.1 What is the Life Skills for State and Local Prisoners Program?
490.2 Who is eligible for a grant?
490.3 What regulations apply?
490.4 What definitions apply?
34 CFR 489.30 Subpart B -- How Does One Apply for a Grant?
490.10 How does an eligible entity apply for a grant?
34 CFR 489.30 Subpart C -- How Does the Secretary Make an Award?
490.20 How does the Secretary evaluate an application?
490.21 What selection criteria does the Secretary use?
490.22 What additional factor does the Secretary consider?
Authority: 20 U.S.C. 1211-2, unless otherwise noted.
Source: 57 FR 24107, June 5, 1992, unless otherwise noted.
Effective Date Note: At 57 FR 24107, June 5, 1992, part 490 was
added, effective either 45 days after publication in the Federal
Register or later if Congress takes certain adjournments. The
Department of Education will publish a document in the Federal Register
at a later date, announcing the effective date.
34 CFR 489.30 Subpart A -- General
34 CFR 490.1 What is the Life Skills for State and Local Prisoners
Program?
The Secretary may make grants to eligible entities to assist them in
establishing and operating programs designed to reduce recidivism
through the development and improvement of life skills necessary for
reintegration of adult prisoners into society.
(Authority: 20 U.S.C. 1211-2(e)(1))
34 CFR 490.2 Who is eligible for a grant?
A State correctional agency, a local correctional agency, a State
correctional education agency, or a local correctional education agency
is eligible for a grant under this part.
(Authority: 20 U.S.C. 1211-2(f)(1))
34 CFR 490.3 What regulations apply?
The following regulations apply to the Life Skills for State and
Local Prisoners Program:
(a) The regulations in this part 490.
(b) The regulations in 34 CFR 460.3.
(Authority: 20 U.S.C. 1211-2)
34 CFR 490.4 What definitions apply?
(a) The definitions in 34 CFR 460.4 apply to this part.
(b) As used in this part --
Life skills includes self-development, communication skills, job and
financial skills development, education, interpersonal and family
relationship development, and stress and anger management.
Local correctional agency means any agency of local government that
provides corrections services to incarcerated adults.
Local correctional education agency means any agency of local
government, other than a local correction agency, that provides
educational services to incarcerated adults.
State correctional agency means any agency of State government that
provides corrections services to incarcerated adults.
State correctional education agency means any agency of State
government, other than a State correctional agency, that provides
educational services to incarcerated adults.
(Authority: 20 U.S.C. 1211-2(f)(3))
34 CFR 490.4 Subpart B -- How Does One Apply for a Grant?
34 CFR 490.10 How does an eligible entity apply for a grant?
To receive a grant under this part, an eligible entity shall submit
an application to the Secretary at such time, in such manner, and
containing such information as the Secretary shall require, including,
but not limited to, an assurance that the entity will report annually to
the Secretary on the participation rate, cost, and effectiveness of the
program and any other aspect of the program on which the Secretary may
request information. (Approved by the Office of Management and Budget
under control number 1830-0512.)
(Authority: 20 U.S.C. 1211-2(e)(2))
34 CFR 490.10 Subpart C -- How Does the Secretary Make an Award?
34 CFR 490.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the criteria in
490.21.
(b) The Secretary awards up to 100 points for these criteria,
including 15 points that the Secretary assigns in accordance with
paragraph (d) of this section.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(d) For each competition under this part, the Secretary, in a notice
published in the Federal Register, assigns 15 points among the criteria
in 490.21.
(Authority: 20 U.S.C. 1211-2)
34 CFR 490.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application:
(a) Program factors. (15 points) The Secretary reviews the
application to determine the quality of the proposed project, including
the extent to which the application includes --
(1) A clear description of the services to be offered; and
(2) Life skills education designed to prepare adult offenders to
reintegrate successfully into communities, schools and the workplace.
(b) Educational significance. (15 points) The Secretary reviews each
application to determine the extent to which the applicant proposes --
(1) Project objectives that contribute to the improvement of life
skills;
(2) To use unique and innovative techniques to produce benefits that
address life skills problems and needs that are of national
significance; and
(3) To demonstrate how well those national needs will be met by the
project.
(c) Plan of operation. (15 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project, including --
(1) The quality of the design of the project;
(2) The extent to which the project includes specific intended
outcomes that --
(i) Will accomplish the purposes of the program;
(ii) Are attainable within the project period, given the project's
budget and other resources;
(iii) Are susceptible to evaluation;
(iv) Are objective and measurable; and
(v) For a multi-year project, include specific objectives to be met,
during each budget period, that can be used to determine the progress of
the project toward meeting its intended outcomes;
(3) The extent to which the plan of management is effective and
ensures proper and efficient administration of the project;
(4) The quality of the applicant's plan to use its resources and
personnel to achieve each objective and intended outcome during the
period of Federal funding; and
(5) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or disabling condition.
(d) Evaluation plan. (15 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Are clearly explained and appropriate to the project;
(2) Will determine how successful the project is in meeting its
intended outcomes, including an assessment of the effectiveness of the
project in improving life skills of prisoners. To the extent feasible,
the assessment must include a one-year post-release review, during the
grant period, to measure the success of the project with respect to
those prisoners who received services and were released. The assessment
must involve comparison of the project to other existing education and
training programs or no treatment for individuals, as appropriate. The
evaluation must be designed to produce findings that, if positive and
significant, can be used in submission of an application to the
Department's Program Effectiveness Panel. To assess program
effectiveness, consideration may be given to implementing a random
assignment evaluation design. (Review criteria for the Progam
Effectiveness Panel are provided in 34 CFR 786.12.);
(3) Provide for an assessment of the efficiency of the program's
replication efforts, including dissemination activities and technical
assistance provided to other projects;
(4) Include formative evaluation activities to help assess program
management and improve program operations; and
(5) To the extent possible, are objective and produce data that are
quantifiable.
(e) Demonstration and dissemination. (10 points) The Secretary
reviews each application to determine the efficiency of the plan for
demonstrating and disseminating information about project activities and
results throughout the project period, including --
(1) High quality in the design of the demonstration and dissemination
plan;
(2) Identification of target groups and provisions for publicizing
the project at the local, State, and national levels by conducting or
delivering presentations at conferences, workshops, and other
professional meetings and by preparing materials for journal articles,
newsletters, and brochures;
(3) Provisions for demonstrating the methods and techniques used by
the project to others interested in replicating these methods and
techniques, such as by inviting them to observe project activities;
(4) A description of the types of materials the applicant plans to
make available to help others replicate project activities and the
methods for making the materials available; and
(5) Provisions for assisting others to adopt and successfully
implement the project or methods and techniques used by the project.
(f) Key personnel. (5 points)
(1) The Secretary reviews each application to determine the quality
of key personnel the applicant plans to use on the project, including --
(i) The qualifications, in relation to the objectives and planned
outcomes of the project, of the project director;
(ii) The qualifications, in relation to the objectives and planned
outcomes of the project, of each of the other key personnel to be used
in the project, including any third-party evaluator;
(iii) The time that each person referred to in paragraphs (f)(1) (i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
disabling condition.
(2) To determine personnel qualifications under paragraphs (f)(1) (i)
and (ii) of this section, the Secretary considers experience and
training in project management and in fields related to the objectives
and planned outcomes of the project.
(g) Budget and cost effectiveness. (5 points) The Secretary reviews
each application to determine the extent to which the budget --
(1) Is cost effective and adequate to support the project activities;
(2) Contains costs that are reasonable and necessary in relation to
the objectives of the project; and
(3) Proposes using non-Federal resources available from appropriate
employment, training, and education agencies in the State to provide
project services and activities and to acquire project equipment and
facilities.
(h) Adequacy of resources and commitment. (5 points)
(1) The Secretary reviews each application to determine the extent to
which the applicant plans to devote adequate resources to the project.
The Secretary considers the extent to which --
(i) Facilities that the applicant plans to use are adequate; and
(ii) Equipment and supplies that the applicant plans to use are
adequate.
(2) The Secretary reviews each application to determine the
applicant's commitment to the project, including the extent to which --
(i) Non-Federal resources are adequate to provide project services
and activities, especially resources of the public and private sectors;
and
(ii) The applicant has the capacity to continue, expand, and build
upon the project when Federal assistance ends.
(Approved by the Office of Management and Budget under control number
1830-0512)
(Authority: 20 U.S.C. 1211-2)
34 CFR 490.22 What additional factor does the Secretary consider?
In addition to the points awarded under the selection criteria in
490.21, the Secretary awards up to 5 points to applications for projects
that have the greatest potential for innovation, effectiveness, and
replication in other systems, jails, and detention centers.
(Authority: 20 U.S.C. 1211-2(e)(3))
34 CFR 490.22 PART 491 -- ADULT EDUCATION FOR THE HOMELESS PROGRAM
34 CFR 490.22 Subpart A -- General
Sec.
491.1 What is the Adult Education for the Homeless Program?
491.2 Who may apply for an award?
491.3 What activities may the Secretary fund?
491.4 What regulations apply?
491.5 What definitions apply?
34 CFR 490.22 Subpart B -- (Reserved)
34 CFR 490.22 Subpart C -- How Does the Secretary Make an Award?
491.20 How does the Secretary evaluate an application?
491.21 What selection criteria does the Secretary use?
491.22 What additional factor does the Secretary consider?
34 CFR 490.22 Subpart D -- What Conditions Must Be Met After an Award?
491.30 How may an SEA operate the program?
Authority: 42 U.S.C. 11421, unless otherwise noted.
Source: 54 FR 34430, Aug. 18, 1989, unless otherwise noted.
Redesignated at 57 FR 24091, June 5, 1992.
Effective Date Note: At 57 FR 24091, June 5, 1992, part 491 was
redesignated from part 441, effective either 45 days after publication
in the Federal Register or later if Congress takes certain adjournments.
The Department of Education will publish a document in the Federal
Register at a later date, announcing the effective date.
34 CFR 490.22 Subpart A -- General
34 CFR 491.1 What is the Adult Education for the Homeless Program?
The Adult Education for the Homeless Program provides financial
assistance to State educational agencies (SEAs) to enable them to
implement, either directly or through contracts or subgrants, a program
of literacy training and basic skills remediation for adult homeless
individuals within their State.
(Authority: 42 U.S.C. 11421(a))
34 CFR 491.2 Who may apply for an award?
State educational agencies in the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands may
apply for an award under this program.
(Authority: 42 U.S.C. 11421(d))
34 CFR 491.3 What activities may the Secretary fund?
The Secretary provides grants or cooperative agreements for projects
that implement a program of literacy training and basic skills
remediation for adult homeless individuals. Projects must --
(a) Include a program of outreach activities; and
(b) Coordinate with existing resources such as community-based
organizations, VISTA recipients, the adult basic education program and
its recipients, and nonprofit literacy-action organizations.
(Authority: 42 U.S.C. 11421(a))
34 CFR 491.4 What regulations apply?
The following regulations apply to the Adult Education for the
Homeless Program:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, Nonprofit Organizations) for grants,
including cooperative agreements, to institutions of higher education,
hospitals, and nonprofit organizations.
(2) 34 CFR part 75 (Direct Grant Programs).
(3) 34 CFR part 77 (Definitions that Apply to Department
Regulations).
(4) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments) for grants,
including cooperative agreements, to State and local governments,
including Indian tribal governments.
(6) 34 CFR part 81 (General Education Provisions Act -- Enforcement).
(7) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)).
(b) The regulations in this part 491.
(Authority: 42 U.S.C. 11421)
34 CFR 491.5 What definitions apply?
(a) Definitions in the Act. The following terms used in this part
are defined in sections 103 and 702(d), respectively, of the Steward B.
McKinney Homeless Assistance Act (Pub. L. 100-77, 42 U.S.C. 11301 et
seq.):
Homeless or homeless individual.
State.
(b) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant Application Award Contract EDGAR Grant Grantee Local
educational agency Nonprofit Private Project Public Secretary
State educational agency
(c) Other definitions. The following definitions also apply to this
part:
Act means the Stewart B. McKinney Homeless Assistance Act (Pub. L.
100-77, 42 U.S.C. 11301 et seq.).
Adult means an individual who has attained 16 years of age or who is
beyond the age of compulsory school attendance under the applicable
State law.
Basic skills remediation and literacy training mean adult education
for homeless adults whose inability to speak, read, or write the English
language constitutes a substantial impairment of their ability to get or
retain employment commensurate with their real ability, that is designed
to help eliminate this inability and raise the level of education of
those individuals with a view to making them less likely to become
dependent on others, to improving their ability to benefit from
occupational training and otherwise increasing their opportunities for
more productive and profitable employment, and to making them better
able to meet their adult responsibilities.
Eligible recipients means public or private agencies, institutions,
or organizations, including religious or charitable organizations,
eligible to apply for a contract from a State educational agency to
operate projects, services, or activities.
Outreach means activities designed to --
(1) Identify and inform adult homeless individuals of the
availability and benefits of the Adult Education for the Homeless
Program; and
(2) Assist those homeless adults, by providing active recruitment and
reasonable and convenient access, to participate in the program.
(Authority: 42 U.S.C. 11421)
34 CFR 491.5 Subpart B -- (Reserved)
34 CFR 491.5 Subpart C -- How Does the Secretary Make an Award?
34 CFR 491.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in 491.21.
(b) The Secretary awards up to 100 points, including a reserved 15
points to be distributed in accordance with paragraph (d) of this
section, based on the criteria in 491.21.
(c) Subject to paragraph (d) of this section, the maximum possible
score for each criterion is indicated in parentheses.
(d) For each competition as announced through a notice published in
the Federal Register, the Secretary may assign the reserved points among
the criteria in 491.21.
(Authority: 42 U.S.C. 11421)
34 CFR 491.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application:
(a) Program factors. (25 points) The Secretary reviews each
application to determine the extent to which --
(1) The program design is tailored to the literacy and basic skills
needs of the specific homeless population being served (for example,
designs to address the particular needs of single parent heads of
households, substance abusers, or the chronically mentally ill);
(2) Cooperative relationships with other service agencies will
provide an integrated package of support services to address the most
pressing needs of the target group at, or through, the project site.
Support services must be designed to bring members of the target group
to a state of readiness for instructional services or to enhance the
effectiveness of instructional services. Examples of appropriate
support services to be provided and funded through cooperative
relationships include, but are not limited to --
(i) Assistance with food and shelter;
(ii) Alcohol and drug abuse counseling;
(iii) Individual and group mental health counseling;
(iv) Health care;
(v) Child care;
(vi) Case management;
(vii) Job skills training;
(viii) Employment training and work experience programs; and
(ix) Job placement;
(3) The SEA's application provides for individualized instruction,
especially the use of individualized instructional plans or individual
education plans that are developed jointly by the student and the
teacher and reflect student goals;
(4) The program's activities include outreach services, especially
interpersonal contacts at locations where homeless persons are known to
gather, and outreach efforts through cooperative relations with local
agencies that provide services to the homeless; and
(5) Instructional services will be readily accessible to students,
especially the provision of instructional services at a shelter or
transitional housing site.
(b) Extent of need for the project. (15 points) The Secretary
reviews each application to determine the extent to which the project
meets specific needs in section 702 of the Act, including consideration
of --
(1) (i) An estimate of the number of homeless persons expected to be
served.
(ii) For the purposes of the count in paragraph (b)(1)(i) of this
section, an eligible homeless adult is an individual who has attained 16
years of age or who is beyond the age of compulsory attendance under the
applicable State law; who does not have a high school diploma, a GED,
or the basic education skills to obtain full-time meaningful employment;
and who meets the definition of ''homeless or homeless individual'' in
section 103 of the Act;
(2) How the numbers in paragraph (b)(1) of this section were
determined;
(3) The extent to which the target population of homeless to be
served in the project needs and can benefit from literacy training and
basic skills remediation;
(4) The need of that population for educational services, including
their readiness for instructional services and how readiness was
assessed; and
(5) How the project would meet the literacy and basic skills needs of
the specific target group to be served.
(c) Plan of operation. (15 points) The Secretary reviews each
application to determine the quality of the plan of operation for the
project, including --
(1) The establishment of written, measurable goals and objectives for
the project that are based on the project's overall mission;
(2) The extent to which the program is coordinated with existing
resources such as community-based organizations, VISTA recipients, adult
basic education program recipients, nonprofit literacy action
organizations, and existing organizations providing shelters to the
homeless;
(3) The extent to which the management plan is effective and ensures
proper and efficient administration of the project;
(4) How the applicant will ensure that project participants otherwise
eligible to participate are selected without regard to race, color,
national origin, gender, age, or handicapping condition; and
(5) If applicable, the plan for the local application process and the
criteria for evaluating local applications submitted by eligible
applicants for contracts or subgrants.
(d) Quality of key personnel. (15 points) (1) The Secretary reviews
each application to determine the quality of key personnel the State
plans to use on the project, including --
(i) The qualifications of the State coordinator/project director;
(ii) The qualifications of each of the other key personnel to be used
by the SEA in the project;
(iii) The time that each person referred to in paragraphs (d) (1) (i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition.
(2) To determine personnel qualifications under paragraphs (d) (1)
(i) and (ii) of this section, the Secretary considers --
(i) Experience and training in fields related to the objectives of
the project;
(ii) Experience in providing services to homeless populations;
(iii) Experience and training in project management; and
(iv) Any other qualifications that pertain to the quality of the
project.
(e) Budget and cost effectiveness. (5 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the project;
(2) Costs are reasonable in relation to the objectives of the
project; and
(3) The budget is presented in enough detail for determining
paragraphs (e) (1) and (2) of this section.
(f) Evaluation plan. (10 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Objectively, and to the extent possible, quantifiably measure the
success, both of the program and of the participants, in achieving
established goals and objectives;
(2) Contain provisions that allow for frequent feedback from
evaluation data provided by participants, teachers, and community groups
in order to improve the effectiveness of the program; and
(3) Include a description of the types of instructional materials the
applicant plans to make available and the methods for making the
materials available.
(Approved by the Office of Management and Budget under control number
1830-0506)
(Authority: 42 U.S.C. 11421)
(54 FR 34430, Aug. 8, 1989, as amended at 56 FR 13522, Apr. 2, 1991)
34 CFR 491.22 What additional factor does the Secretary consider?
In addition to the criteria in 491.21, the Secretary may consider
whether funding a particular applicant would improve the geographical
distribution of projects funded under this program.
(Authority: 42 U.S.C. 11421)
34 CFR 491.22 Subpart D -- What Conditions Must be Met After an Award?
34 CFR 491.30 How may an SEA operate the program?
An SEA may operate the program directly, award subgrants, or award
contracts to eligible recipients. If an SEA awards contracts, the SEA
shall distribute funds on the basis of the State-approved contracting
process.
(Authority: 42 U.S.C. 11421(a)).
34 CFR 491.30 34 CFR Ch. V (7-1-92 Edition)
34 CFR 491.30 Off. Bilingual Educ. and Minority Lang. Affairs, Education
34 CFR 491.30 CHAPTER V -- OFFICE OF BILINGUAL EDUCATION AND MINORITY
LANGUAGES AFFAIRS, DEPARTMENT OF EDUCATION
Part
Page
500 Bilingual education: General provisions
501 Bilingual education: Basic programs
520 Bilingual education: Desegregation support program
524 Bilingual education: Academic excellence program
525 Bilingual education: Family English literacy program
526 Bilingual education: Special populations program
537 Bilingual education: Program for the development of
instructional materials
538 Transition program for refugee children
548 Bilingual education: State educational agency program
561 Bilingual education: Educational personnel training program
562 Bilingual education: Fellowship program
573 Bilingual education: Training development and improvement
program
574 Bilingual education: Short-term training program
581 Emergency immigrant education program
34 CFR 491.30
34 CFR 491.30 34 CFR Ch. V (7-1-92 Edition)
34 CFR 491.30 Off. Bilingual Educ. and Minority Lang. Affairs, Education
34 CFR 491.30 Pt. 500
34 CFR 491.30 PART 500 -- BILINGUAL EDUCATION: GENERAL PROVISIONS
34 CFR 491.30 Subpart A -- General
Sec.
500.1 What programs are governed by these regulations?
500.2 (Reserved)
500.3 What regulations apply to these programs?
500.4 What definitions apply to these programs?
34 CFR 491.30 Subpart B -- What Kinds of Projects Does the Secretary
Assist?
500.10 What requirements pertain to all programs assisted under this
Act for limited English proficient persons?
500.11 What programs are there for students of limited Spanish
proficiency in Puerto Rico?
500.12 How may programs assisted under the Act enhance students'
instruction?
34 CFR 491.30 Subpart C -- How Does One Apply for an Award?
500.15 Open meeting certification.
34 CFR 491.30 Subparts D-E -- (Reserved)
34 CFR 491.30 Subpart F -- What Evaluation Requirements Must Be Met by
a Recipient?
500.50 What evaluation requirements apply to a grantee?
500.51 What evaluation information must a grantee collect?
500.52 What information must a grantee report to the Secretary?
Authority: 20 U.S.C. 3281-3341, unless otherwise noted.
Source: 51 FR 22423, June 19, 1986.
34 CFR 491.30 Subpart A -- General
34 CFR 500.1 What programs are governed by these regulations?
The regulations in this part apply to programs authorized under the
Act. The programs governed by this part and their applicable program
regulations are as follows:
(a) Basic Programs (34 CFR Part 501).
(Authority: 20 U.S.C. 3291(a) (1), (2), and (3))
(b) Programs of Academic Excellence (34 CFR Part 524).
(Authority: 20 U.S.C. 3291(a)(4))
(c) Family English Literacy Program (34 CFR Part 525).
(Authority: 20 U.S.C. 3291(a)(5))
(d) Special Populations Program (34 CFR Part 526).
(Authority: 20 U.S.C. 3291(a)(6))
(e) State Educational Agency Program (34 CFR Part 548).
(Authority: 20 U.S.C. 3302)
(f) Educational Personnel Training Program (34 CFR Part 561).
(Authority: 20 U.S.C. 3221)
(g) Fellowship Program (34 CFR Part 562).
(Authority: 20 U.S.C. 3321(a)(2), 3323)
(h) Training Development and Improvement Program (34 CFR Part 573).
(Authority: 20 U.S.C. 3321(a)(3))
(i) Short-Term Training Program (34 CFR Part 574).
(Authority: 20 U.S.C. 3321(a)(4))
(51 FR 44243, June 19, 1986, as amended at 53 FR 39218, Oct. 5, 1988)
500.2 (Reserved)
34 CFR 500.3 What regulations apply to these programs?
(a) Except as described in paragraphs (b), (c) and (d) of this
section, the following regulations apply to programs authorized under
the Act listed in 500.1:
(1) The regulations in this Part 500.
(2) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR --
(i) Part 74 (Administration of Grants of Institutions of Higher
Education, Hospitals and Nonprofit Organizations);
(ii) Part 75 (Direct Grant Programs);
(iii) Part 77 (Definitions That Apply to Department Regulations);
(iv) Part 78 (Education Appeal Board);
(v) Part 79 (Intergovernmental Review of Department of Education
Programs and Activities); and
(vi) Part 80 (Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments).
(b) The provisions in 34 CFR 75.217 (b) through (d) (relating to the
review of applications) do not apply to the State Educational Agency
Program in 34 CFR Part 548.
(c) Except for the provisions in 34 CFR 75.51 (relating to proof of
nonprofit status) the EDGAR provisions listed in paragraph (a)(2) of
this section do not apply to the Fellowship Program in Part 562.
(d) The provisions in 34 CFR 75.217(b)(2) (relating to the review of
applications) do not apply to 34 CFR Parts 501, 524, 525, 526, 561, 573,
and 574.
(Authority: 20 U.S.C. 3281-3341)
(51 FR 22423, June 19, 1986, as amended at 53 FR 39218, Oct. 5, 1988)
34 CFR 500.4 What definitions apply to these programs?
(a) Definitions in EDGAR. The following terms used in the parts
listed in 500.1 (except Part 562) are defined in 34 CFR 77.1:
Applicant
Application
Award
Budget period
Department
EDGAR
Elementary school
Fiscal year
Grant period
Local educational agency; for the purpose of carrying out programs
under the Act for individuals served by elementary, secondary, or
postsecondary schools operated predominantly for Indian or Alaska Native
children, the term also means an Indian tribe or tribally sanctioned
educational authority.
Nonprofit
Nonpublic
Preschool
Private
Project
Public
Recipient
Secondary school
Secretary
State
State educational agency
(b) Definitions in the Act. The following terms used in the parts
listed in 500.1 are defined in section 7003 of the Act:
Director
Family English literacy program
Limited English proficiency and proficient
Low-income
Native language
Office
Other programs for persons of limited English proficiency
Programs of academic excellence
Program of developmental bilingual education
Program of transitional bilingual education
Secretary
Special alternative instructional programs
(Authority: 20 U.S.C. 3283)
(c) Program definitions. The following definitions also apply to the
parts listed in 500.1:
Act or Title VII means the Bilingual Education Act, Title VII of the
Elementary and Secondary Education Act, as amended by Pub. L. 100-297.
(Authority: 20 U.S.C. 3281-3341)
Educational personnel means teachers, teacher aides,
paraprofessionals, administrators, school psychologists, guidance
counselors, and other persons who provide or are preparing to provide
instructional or support services in programs for limited English
proficient persons.
(Authority: 20 U.S.C. 3281-3341)
Indian tribe means any Indian tribe, band, nation, or other organized
group or community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act (85 Stat. 688) that is recognized for the
special programs and services provided by the United States to Indians
because of their status as Indians.
(Authority: 20 U.S.C. 3292)
Tribally sanctioned educational authority means any department or
division of education operating within the administrative structure of
the duly constituted governing body of an Indian tribe, as well as any
nonprofit institution or organization that --
(1) Is chartered by the governing body of an Indian tribe to operate
any school or otherwise oversee delivery of educational services to
members of that tribe; and
(2) Is approved by the Secretary for the purposes of carrying out
programs under the Act.
(Authority: 20 U.S.C. 3292)
(51 FR 22423, June 19, 1986, as amended at 53 FR 39219, Oct. 5, 1988)
34 CFR 500.4 Subpart B -- What Kinds of Projects Does the Secretary Assist?
34 CFR 500.10 What requirements pertain to all programs assisted under
this Act for limited English proficient persons?
All programs assisted under this Act must --
(a) Give priority to serving LEP children having the greatest need
for those programs, particularly those children whose usual language is
not English;
(b) Be designed to enable students to achieve full competence in
English; and
(c) Be designed to allow students to meet grade-promotion and
graduation standards.
(Authority: 20 U.S.C. 3282)
34 CFR 500.11 What programs are there for students of limited Spanish
proficiency in Puerto Rico?
Projects funded in the Commonwealth of Puerto Rico may include
programs of instruction, teacher training, curriculum development,
research, evaluation, and testing designed to improve the English
proficiency of children and may also make provision for serving the
needs of students of limited Spanish proficiency.
(Authority: 20 U.S.C. 3291(j))
34 CFR 500.12 How may programs assisted under the Act enhance students'
instruction?
Programs assisted under the Act may --
(a) Provide technology-based instruction;
(b) Expand the educational calendar of the schools in which the
students are enrolled to include programs before and after school and
during the summer months; and
(c) Lower pupil-teacher ratios.
(Authority: 20 U.S.C. 3291 (a) and (d)(3)(D))
(53 FR 39219, Oct. 5, 1988)
34 CFR 500.12 Subpart C -- How Does One Apply for an Award?
34 CFR 500.12 Open Meeting Certification
34 CFR 500.15 Open meeting certification.
(a) This section implements section 1006 of the Elementary and
Secondary Education Act of 1965, as amended.
(b) Section 1006 requires a local educational agency (LEA) that
submits an application under a program subject to this subpart to
certify that the LEA has held an open meeting regarding the contents of
the application.
(c) An LEA that must comply with this section shall --
(1) Give reasonable notice of the general public's opportunity to
testify or otherwise comment at an open meeting regarding the subject
matter of the application.
(2) Hold the open meeting;
(3) Consider comments obtained at the meeting in developing the final
application; and
(4) Certify in the application submitted to the Secretary that the
LEA has held an open meeting regarding the application, as required by
this section.
(Authority: 20 U.S.C. 887e)
(52 FR 27805, July 24, 1987)
34 CFR 500.15 Subparts D-E -- (Reserved)
34 CFR 500.15 Subpart F -- What Evaluation Requirements Must Be Met by a Recipient?
34 CFR 500.50 What evaluation requirements apply to a grantee?
(a) This section establishes a comprehensive design of the general
evaluation requirements and standards that a grantee funded under
programs authorized under part A of Title VII must meet in carrying out
an annual evaluation of a project which provides instructional services
to limited English proficient persons.
(b) A grantee's evaluation must comply with the following
requirements:
(1) A grantee's evaluation design must include a measure of the
educational progress of project participants when measured against an
appropriate nonproject comparison group.
(2) A grantee's evaluation design must meet the following technical
standards:
(i) Representativeness of evaluation findings. The evaluation
results must be computed so that the conclusions apply to the persons,
schools or agencies served by the projects.
(ii) Reliability and validity of evaluation instruments and
procedures. The evaluation instruments used must consistently and
accurately measure progress toward accomplishing the objectives of the
project, and must be appropriate considering factors such as the age,
grade, language, degree of language fluency and background of the
persons served by the project.
(iii) Evaluation procedures that minimize error. The evaluation
procedures must minimize error by providing for proper administration of
the evaluation instruments, at twelve-month testing intervals, accurate
scoring and transcription of results, and the use of analysis and
reporting procedures that are appropriate for the data obtained from the
evaluation.
(iv) Valid measurement of academic achievement. The evaluation
procedures must provide objective measures of the academic achievement
of participants related to English language proficiency, native or
second language proficiency (for programs of developmental bilingual
education), and other subject matter areas.
(3)(i) A grantee's evaluation must provide information on the
academic achievement of -- (A) Current participants in the project, who
are --
(1) Children who are limited English proficient; and
(2) Children whose language is English; and
(B) Children who were formerly served in the project as limited
English proficient, have exited from the program, and are now in English
language classrooms.
(ii) This information must include --
(A) The amount of time (in years or school months, as appropriate)
the participants received instructional services in the project, and as
appropriate, in another instructional setting;
(B) The participants' progress in achieving English language
proficiency and, for programs of developmental bilingual education,
progress in another language; and
(C) The former participants' academic progress in English language
classrooms.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3303)
34 CFR 500.51 What evaluation information must a grantee collect?
In carrying out the annual evaluation under 500.50, a grantee shall
collect information on --
(a) The educational background, needs, and competencies of the
limited English proficient persons served by the project;
(b) The specific educational activities undertaken pursuant to the
project;
(c) The pedagogical materials, methods, and techniques utilized in
the program;
(d) With respect to classroom activities, the relative amount of
instructional time spent with students on specific tasks;
(e) The educational and professional qualifications, including
language competencies, of the staff responsible for planning and
operating the project; and
(f) The specific activities undertaken to improve pre-referral
evaluation procedures and instructional programs for LEP children who
may be handicapped or gifted and talented.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3303)
(51 FR 22423, June 19, 1986, as amended at 53 FR 39219, Oct. 5, 1988;
54 FR 53319, Dec. 28, 1989)
34 CFR 500.52 What information must a grantee report to the Secretary?
A grantee shall report to the Secretary annaully, the information
collected in 500.51 and an evaluation of the overall progress of the
project including the extent of educational progress achieved through
the project measured, as appropriate, by --
(a) Tests of academic achievement in English language arts, and for
programs of developmental bilingual education, second language arts;
(b) Tests of academic achievement in subject matter areas; and
(c) Changes in the rate of student --
(1) Grade-retention;
(2) Dropout;
(3) Absenteeism;
(4) Placement in programs for the gifted and talented; and
(5) Enrollment in postsecondary education institutions.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3303)
(51 FR 22423, June 19, 1986, as amended at 53 FR 39219, Oct. 5, 1988)
34 CFR 500.52 Pt. 501
34 CFR 500.52 PART 501 -- BILINGUAL EDUCATION: BASIC PROGRAMS
34 CFR 500.52 Subpart A -- General
Sec.
501.1 Basic Programs.
501.2 Who is eligible to apply for assistance under Basic Programs?
501.3 What regulations apply to Basic Programs?
501.4 What definitions apply to the Basic Programs?
34 CFR 500.52 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
501.10 What activities are eligible for assistance?
501.11 What level of commitment to continue the program must the
applicant demonstrate?
34 CFR 500.52 Subpart C -- How Does One Apply for an Award?
501.20 What must an applicant include in its application for
assistance?
501.21 What requirements pertain to the application advisory council
and the parent advisory committee?
501.22 What requirements pertain to the participation of children
enrolled in nonprofit private schools?
501.23 What requirements pertain to preservice activities?
501.24 What requirements pertain to training activities?
501.25 What requirements pertain to the development of an evaluation
plan?
501.26 What requirements pertain to SEA review of an application?
34 CFR 500.52 Subpart D -- How Does the Secretary Make an Award?
501.30 How does the Secretary evaluate an application?
501.31 What selection criteria does the Secretary use?
501.32 What additional factors does the Secretary consider in
awarding grants?
501.33 What specific factors does the Secretary consider in awarding
grants under special alternative instructional programs?
501.34 What is the length of the project period?
34 CFR 500.52 Subpart E -- What Conditions Must Be Met by a Recipient?
501.40 What information must be given to parents?
501.41 What additional requirements apply to programs of transitional
bilingual education?
501.42 How long may a student remain in a Program of Transitional
Bilingual Education or a Special Alternative Instructional Program?
Authority: 20 U.S.C. 3281-3341, unless otherwise noted.
Source: 51 FR 22426, June 19, 1986, unless otherwise noted.
34 CFR 500.52 Subpart A -- General
34 CFR 501.1 Basic Programs.
The Basic Programs provide assistance to eligible applicants for --
(a) Programs of transitional bilingual education authorized under
section 7021(a)(1) of the Act;
(b) Programs of developmental bilingual education authorized under
section 7021(a)(2) of the Act; or
(c) Special alternative instructional programs authorized under
section 7021(a)(3) of the Act.
(Authority: 20 U.S.C. 3291(a) (1), (2), and (3))
(51 FR 22426, June 19, 1986, as amended at 53 FR 39219, Oct. 5, 1988)
34 CFR 501.2 Who is eligible to apply for assistance under Basic
Programs?
(a) The following parties are eligible to apply for assistance under
this part:
(1) Local educational agencies (LEAs).
(2) Institutions of higher education (IHEs), including junior or
community colleges, that apply jointly with one or more LEAs.
(b) In the case of an application submitted by an IHE jointly with
one or more LEAs, an LEA must be designated as the applicant in the
group agreement required under 34 CFR 75.128.
(Authority: 20 U.S.C. 3291(b)(1)(A))
34 CFR 501.3 What regulations apply to Basic Programs?
The following regulations apply to Basic Programs:
(a) The regulations identified in 34 CFR 500.3.
(b) The regulations in this Part 501, except as provided in paragraph
(c) of this section.
(c) The regulations in this Part 501 do not apply to second- and
third-year noncompeting continuation grants in fiscal year (FY) 1989 and
third-year noncompeting continuation grants in FY 1990. The regulations
applicable to these noncompeting continuation grants are the regulations
applicable in FY 1988.
(Authority: 20 U.S.C. 3291(a) (1), (2), and (3))
(51 FR 22426, June 19, 1986, as amended at 53 FR 39219, Oct. 5, 1988)
34 CFR 501.4 What definitions apply to the Basic Programs?
The definitions in 34 CFR 500.4 apply to the Basic Programs.
(Authority: 20 U.S.C. 3283, 3291)
34 CFR 501.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under This Program?
34 CFR 501.10 What activities are eligible for assistance?
The Secretary provides assistance for the following activities:
(a) Establishing, operating, or improving basic programs.
(b) During the first twelve months of a project, a grantee may engage
exclusively in preservice activities. These activities do not include
providing instructional services to limited English proficient (LEP)
children. Activities may include, but are not limited to --
(1) Program design;
(2) Materials development;
(3) Staff recruitment and training;
(4) Development of evaluation mechanisms and procedures; and
(5) Activities to involve parents in the educational program and to
enable parents and family members to assist in the education of LEP
children.
(c) Providing or securing training for personnel participating or
preparing to participate in the program that will assist them to meet
State and local certification requirements. To the extent possible,
college or university credit must be awarded for the training.
(Authority: 20 U.S.C. 3291(a) (1), (2), and (3), (d)(1)(B), and
(f)(7))
(51 FR 22426, June 19, 1986, as amended at 53 FR 39219, Oct. 5, 1988)
34 CFR 501.11 What level of commitment to continue the program must the
applicant demonstrate?
(a)(1) The purpose of grants under this part is to build the capacity
of the grantee to provide a program, on a regular basis, similar to that
proposed for assistance, when Federal assistance under the project is
reduced or no longer available.
(2) The program to be provided must be of sufficient size, scope, and
quality to promise significant educational improvement for LEP children.
(b) To carry out this purpose --
(1) The Secretary funds a project only if the applicant demonstrates
a realistic plan in its application to develop its programmatic capacity
for serving LEP children and to assume financial responsibility for the
program when Federal assistance is reduced or no longer available;
(2) The Secretary reduces the level of Federal assistance in each
successive year of the project, unless --
(i) The plan under paragraph (b)(1) of this section provides for an
increased commitment of local funds to provide expanded special services
for greater numbers of LEP children in each successive year of the
project; or
(ii) Based on unforeseen circumstances, such as a substantial influx
of LEP children to the school district, the grantee -- in an application
for a successive budget period under the project -- amends the plan
under paragraph (b)(1) of this section to assure the Secretary that it
will provide expanded services; and
(3) The Secretary, in determining the funding level for each
successive year of a project, and in determining whether to renew a
project after its first three years, in accordance with 501.34,
considers the extent to which the grantee has successfully carried out
its plan under paragraph (b)(1) of this section.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291(f)(6)
34 CFR 501.11 Subpart C -- How Does One Apply for an Award?
34 CFR 501.20 What must an applicant include in its application for
assistance?
An application must --
(a) Include the information and assurances required under --
(1) Section 7021(c)(2) of the Act; and
(2) 34 CFR 500.20, 501.20 through 501.25 and 501.32, and 501.33, if
applicable; and
(b) Provide assurances that the project will --
(1) Use only qualified personnel, who are proficient in spoken and
written English, and, if appropriate, any other language or languages
used for instruction;
(2) Comply with the non-supplanting requirements of section
7021(f)(4) of the Act;
(3) Comply with the parent advisory committee requirements in
501.21(c).
(4) Use student evaluation and assessment procedures appropriate for
LEP students; and
(5) Identify and serve any handicapped LEP students in accordance
with the requirements of the EHA.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291)
(51 FR 22426, June 19, 1986, as amended at 53 FR 39220, Oct. 5, 1988;
54 FR 53320, Dec. 28, 1989)
34 CFR 501.21 What requirements pertain to the application advisory
council and the parent advisory committee?
An applicant shall --
(a) Establish an application advisory council, of which a majority
must be parents and other representatives of the children to be served
in the program, to assist in the development of the application;
(b) Submit with its application documentation of its consultation
with the council and the council's comments on the application and on
the decision to submit an application under one of the programs listed
in 501.1.
(c) Assure in its application that --
(1) In carrying out its project, the applicant will provide for
continuing consultation with, and participation by, a parent advisory
committee composed of parents, teachers, and other interested
individuals.
(2) The parent advisory committee will be selected by and
predominantly composed of parents of LEP children participating in the
program and may include members of the application advisory council;
and
(3) In the case of a project carried out in a secondary school, the
parent advisory committee will include representatives of the secondary
school students participating in the project; and
(4) It will provide support for additional parent advisory activities
if support is requested.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291)
(51 FR 22426, June 19, 1986, as amended at 53 FR 39220, Oct. 5, 1988)
34 CFR 501.22 What requirements pertain to the participation of
children enrolled in nonprofit private schools?
(a) An applicant shall demonstrate in its application that --
(1) In designing the project the applicant has consulted with
appropriate private school officials and has taken into account the
needs of LEP children enrolled in nonprofit private elementary and
secondary schools in the area to be served; and
(2) The applicant will make provision for participation of the LEP
children enrolled in nonprofit private schools --
(i) On a basis comparable to that provided for the public school
children; and
(ii) Consistent with the number of those children enrolled in
nonprofit private schools in the area to be served whose educational
needs are of the type and whose language and grade level are of a
similar type to those the program is intended to address. (See 34 CFR
75.650 Participation of students enrolled in private schools.)
(b) If the Secretary determines that an applicant is unable or
unwilling to provide for the participation of LEP children enrolled in
nonprofit private schools as required by this section, the Secretary --
(1) Withholds approval of the application until the applicant
demonstrates that it is in compliance with the requirements of this
section; or
(2) Reduces the amount of the grant by the amount the Secretary needs
to --
(i) Arrange to assess the needs of children in nonprofit private
schools in the area to be served; and
(ii) Carry out a program for limited English proficient persons which
meets the needs of those children.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291 (f)(2), (k))
34 CFR 501.23 What requirements pertain to preservice activities?
An applicant shall demonstrate in its application how it plans to
conduct the preservice activities described in 501.10(b) for the first
twelve months of the grant.
(Authority: 20 U.S.C. 3291(d)(1)(B))
(53 FR 39220, Oct. 5, 1988)
34 CFR 501.24 What requirements pertain to training activities?
An applicant shall demonstrate in its application that it will --
(a) Provide or secure training for persons participating or preparing
to participate in the project that will assist them to meet State and
local certification requirements and that, to the extent possible, will
provide them with college or university credit;
(b) Base training on an assessment of the needs of the persons who
will be participating in the project and on the needs of the LEP
children who will receive instruction under the project; and
(c) Apply the applicable provisions in 34 CFR 561.41 if the approved
application provides for financial assistance to participants.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291(f)(7))
(51 FR 22426, June 19, 1986, as amended at 53 FR 39220, Oct. 5, 1988)
34 CFR 501.25 What requirements pertain to the development of an
evaluation plan?
An applicant shall demonstrate that its plan for evaluating the
progress and achievements of the proposed project meets the requirements
of 34 CFR 500.50 through 500.52.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291(f)(4), 3303)
34 CFR 501.26 What requirements pertain to SEA review of an
application?
An applicant that seeks assistance shall include evidence, in its
application, that the SEA has been notified of the application and has
been given an opportunity to offer recommendations on the application to
the applicant and the Secretary and otherwise comply with the procedures
in 34 CFR 75.156-75.160.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291 (e)(5), (f)(9))
(53 FR 39220, Oct. 5, 1988, as amended at 54 FR 53320, Dec. 28, 1989)
34 CFR 501.26 Subpart D -- How Does the Secretary Make an Award?
34 CFR 501.30 How does the Secretary evaluate an application?
(a)(1) The Secretary evaluates an application on the basis of the
criteria listed in 501.31.
(2) The Secretary awards a maximum of 100 points for all the
criteria.
(3) The maximum possible score for each complete criterion is
indicated in parentheses following the heading for the criterion.
(b) The Secretary then applies the additional factors listed in
501.32 in selecting applications for new grants.
(c) For special alternative instructional programs the Secretary also
considers the specific factors in 501.33 in selecting applications for
new grants.
(Authority: 20 U.S.C. 3291 (a) (1), (2), (3), (c)(3), (f)(8), (g),
and (h))
(51 FR 22426, June 19, 1986, as amended at 53 FR 39220, Oct. 5, 1988)
34 CFR 501.31 What selection criteria does the Secretary use?
The Secretary uses the following criteria in evaluating each
application:
(a) Description and assessment of need. (17 points) The Secretary
reviews each application to determine --
(1) The extent to which the applicant has identified the needs of the
LEP students to be served in the program, including --
(i) The lack of proficiency of the LEP children in speaking, reading,
writing, and understanding the English language; and
(ii) The degree of proficiency of the LEP children in their native
language and in other courses or subjects of study.
(2) The reliability and objectivity of the methods used to identify
those needs;
(3) The adequacy of the applicant's justification for concluding that
the schools selected for the project enroll the children most in need of
assistance within the LEA; and
(4) The extent to which the project will serve the children most in
need of assistance, within the schools selected.
(b) Program objectives and design. (30 points)
(1) The Secretary reviews each application to determine the
appropriateness and reasonableness of the applicant's design for meeting
the needs of the LEP students to be served, including --
(i) The extent to which the instructional approach to be used will
address the specific needs identified in the application; and
(ii) The extent to which other instructional approaches have been
considered in choosing the instructional approach to be used in the
project.
(2) The Secretary looks for the extent to which the project has
specific and quantifiable objectives that will lead to the realization
of the goals of the Act, including --
(i) The manner and time schedule by which the applicant will meet the
needs of LEP children served by the project, including --
(A) The achievement of goals set for the children served by the
project, especially the goal of achieving English language proficiency
as quickly as possible;
(B) The identification of children who have achieved proficiency in
the English language adequate for their effective participation in the
regular educational program;
(C) Except for programs of developmental bilingual education, the
transfer of those children identified in paragraph (b)(2)(i)(B) of this
section to the regular educational program as soon as possible; and
(ii) The way the applicant plans to use its resources and personnel
to achieve each objective.
(3) The Secretary reviews each application to determine the quality
of the training plan for the project, including the extent to which --
(i) The plan provides for training personnel in ways designed to meet
the needs of LEP children to be served by the project; and
(ii) Preservice training activities, if any, and inservice training
activities are designed, to the extent possible, to award college or
university credit.
(c) Evaluation plan. (8 points) The Secretary reviews the strength
of the evaluation plan and its relationship to the educational goals of
the project and the activities conducted to attain those goals.
Cross-Reference: See 34 CFR 75.590 Evaluation by the grantee.
(d) Quality of personnel. (15 points) (1) The Secretary reviews each
application to determine the quality of the following personnel:
(i) The principal classroom instructional personnel.
(ii) The project director, if one is to be used, and other personnel
essential to the success of the project.
(2) The Secretary considers --
(i) The time that each person referred to in paragraphs (d)(1) (i)
and (ii) of this section will commit to the project; and
(ii) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications under paragraph (d)(1) of
this section, the Secretary considers --
(i) Experience and training, in fields related to the objectives of
the project; and
(ii) Any other qualifications that pertain to the quality of the
project.
(e) Commitment, capacity, and cost effectiveness. (30 points) (1)
The Secretary reviews each application to determine the extent of the
applicant's commitment to special programs designed to meet the
educational needs of LEP students.
(2) The Secretary reviews the strength of the applicant's plan under
501.11(b)(1) to develop its programmatic capacity for serving LEP
children and to assume financial responsibility for the program,
including provision for --
(i) The gradual assumption of program costs during the proposed
project period;
(ii) The adoption of successful components of the project into the
regular educational programs that it conducts for LEP children;
(iii) Follow-up services to children who have achieved proficiency in
English; and
(iv) Use of its non-Federal resources to provide a program on a
regular basis, similar to that proposed, that will be of sufficient
size, scope, and quality to promise significant improvement in the
education of children of limited English proficiency in future years.
(3) If the applicant has carried out a previous project with funds
under the Act, the Secretary also may consider the applicant's
experience under that project in developing its programmatic capacity
for serving LEP children and assuming financial responsibility for the
program.
(4) The Secretary also reviews each application to determine the
extent to which the project has --
(i) An adequate budget to support project activities in which costs
are reasonable in relation to the objectives of the project; and
(ii) An effective plan of management that ensures proper and
efficient administration of the project, including evidence that
administrative costs constitute a minimum proportion of the total costs
of the project.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291 (a) (1), (2), (3), (c)(2), (d)(1)(B), (f)
(1), (3), (6), (7), and 3303)
34 CFR 501.32 What additional factors does the Secretary consider in
awarding grants?
(a) In addition to the points awarded under 501.31, the Secretary
considers the following factors in awarding grants:
(1) The need to assist LEP children who have been historically
underserved by programs for limited English proficient persons.
(i) An applicant qualifies for points under this factor, if the
Secretary determines that --
(A) The applicant has never received assistance under the Act; or
(B) The applicant has received assistance under the Act in the past
but plans to serve a new language group. To receive points under this
factor, at least 50 percent of the LEP children to be served by the
project must belong to the new language group.
(ii) The Secretary does not give any points to an applicant that has
received assistance under the Act in the past and plans to serve the
same language group for which it received assistance.
(2) The relative need of the particular LEA(s) for the proposed
program. The Secretary determines the relative need based upon --
(i) The overall concentration of LEP children in the district as
compared to other applicants; and
(ii) Whether the applicant proposes to serve a significant number and
proportion of LEP children who have arrived in the LEA during the last
school year.
(3) The geographical distribution of LEP children. The Secretary
considers the need to provide assistance in proportion to the
distribution of LEP children throughout the Nation and within each of
the States.
(4) The number and proportion of children from low-income families to
be benefited by the program.
(b) The Secretary distributes an additional 15 points among the
factors listed in paragraph (a) of this section. The Secretary
indicates in the application notice published in the Federal Register
how these 15 points will be distributed.
(Authority: 20 U.S.C. 3291 (f)(8), (h))
34 CFR 501.33 What specific factors does the Secretary consider in
awarding grants under special alternative instructional programs?
(a) For special alternative instructional programs, the Secretary
additionally gives priority to applications based on --
(1) The administrative impracticability of establishing a bilingual
education program due to the presence of a small number of students of a
particular native language;
(2) The unavailability of personnel qualified to provide bilingual
instructional services; and
(3) The presence of a small number of LEP students in the LEA's
schools and the LEA's inability to obtain native language teachers
because of isolation or regional location.
(b) The Secretary may distribute an additional 5 points among the
factors listed in paragraph (a) of this section. The Secretary
indicates in the application notice published in the Federal Register
how these 5 points are distributed.
(Authority: 20 U.S.C. 3291 (c)(3) and (g))
(51 FR 22426, June 19, 1986, as amended at 53 FR 39220, Oct. 5, 1988)
34 CFR 501.34 What is the length of the project period?
(a) The Secretary approves a project period of three years.
(b) The Secretary renews a grant for two additional years, if the
grantee demonstrates, in its renewal application, to the satisfaction of
the Secretary that --
(1) The program complies with all applicable requirements in the Act
and the regulations governing the project;
(2) The grantee's project has made substantial and measurable
progress in achieving the specific educational goals contained in its
approved application, including the extent to which the grantee has --
(i) Met the objectives established in the application; and
(ii) Successfully carried out the provisions in the application for
building its capacity to continue the project when Federal funding is
reduced or no longer available; and
(3) There is a continuing need for the grantee's project.
(Authority: 20 U.S.C. 3291(d)(1) (A), (C))
34 CFR 501.34 Subpart E -- What Conditions Must Be Met by a Recipient?
34 CFR 501.40 What information must be given to parents?
(a) Before enrolling a child in the project (including each LEP child
and each child whose language is English), and with sufficient advance
notice to give the parents or legal guardians of the child adequate
opportunity to decline enrollment, a grantee shall inform the parents or
legal guardians of --
(1) The reasons for determining that the child is in need of special
instructional services;
(2) The alternative educational programs that are available;
(3) The nature of the educational program for LEP students including
--
(i) The instructional method to be used;
(ii) The instructional goals of the project;
(iii) The expected progress of the child in the project in English
and other subject matter skills, including how quickly the child is
expected to be able to function effectively in and to enter the regular
educational program; and
(iv) The past effectiveness of comparable projects using a similar
instructional method;
(4) The instructional alternatives for LEP students; and
(5) The option of and opportunity to decline enrollment of the child
in the project.
(b) At appropriate intervals during the child's participation in the
program, the grantee shall inform parents or legal guardians of the
progress of their child in the program, including the extent to which
the child is meeting the instructional goals referred to in paragraph
(a)(3)(ii) of this section.
(c) The grantee shall make every effort to provide the information to
parents in a language and form the parents understand.
(Approved by the Office of Management and Budget under control number
1885-0510)
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3283(c), and 3291(d)(1)(D))
(51 FR 22426, June 19, 1986, as amended at 53 FR 39220, Oct. 5, 1988;
54 FR 53320, Dec. 28, 1989)
34 CFR 501.41 What additional requirements apply to programs of
transitional bilingual education?
(a) A grantee under the programs of transitional bilingual education
shall comply with all additional requirements found in the definition of
program of transitional bilingual education in section 703(a)(4)(B)-(D)
of the Act and 34 CFR 500.4 regarding --
(1) The forty percent restriction on the participation of children
whose language is English;
(2) The participation of LEP children in regular classes in courses
such as art, music, and physical education;
(3) The requirement that the programs must be offered in the schools
the children normally attend; and
(4) How the children must be grouped in graded and nongraded
classrooms.
(b) For the purpose of paragraph (a)(1) of this section, children
previously served as LEP in programs funded under the Act may not be
counted as children whose language is English.
(Authority: 20 U.S.C. 3283(a)(4) (B), (C), (D))
34 CFR 501.42 How long may a student remain in a Program of
Transitional Bilingual Education or a Special Alternative Instructional
Program?
(a) A student may be enrolled in a program of Transitional Bilingual
Education or a Special Alternative Instructional Program for a period of
no more than 3 years, unless --
(1) The school in which the student is enrolled conducts a
comprehensive evaluation of the overall academic progress of the
student; and
(2) The results of the evaluation indicate the lack of English
proficiency is impeding the academic progress of the student in meeting
grade promotion and graduation standards and, in the case of a
handicapped child, attainment of the objective in the child's
individualized education program.
(b) Any student with respect to whom the requirements of paragraph
(a)(1)-(2) of this section are met may remain in the program for a
fourth year and, if these requirements are met again at the end of the
fourth year, the student may remain in the program for a fifth year.
(c) The evaluation required by paragraph (a) of this section must
involve teachers and school personnel familiar with the student's
overall academic progress. The results of such an evaluation must be
made available to the parents of the student. Each evaluation must
indicate how the student's English language development will be
addressed during the period the student is retained in the program. The
students' academic program during that period shall emphasize mastery of
English.
(d) No student may remain in a program described in paragraph (a) of
this section for more than 5 years.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291(d)(3))
(53 FR 39220, Oct. 5, 1988, as amended at 54 FR 53320, Dec. 28, 1989)
34 CFR 501.42 Pt. 520
34 CFR 501.42 PART 520 -- BILINGUAL EDUCATION: DESEGREGATION SUPPORT PROGRAM
34 CFR 501.42 Subpart A -- General
Sec.
520.1 What is the Desegregation Support Program?
520.2 (See 34 CFR 500.2(g) -- Who is eligible for assistance under
these programs?)
520.3 What regulations govern this program?
520.4 What definitions apply?
34 CFR 501.42 Subpart B -- What Kinds of Projects Does the Secretary
Assist?
520.10 What activities are eligible for assistance?
34 CFR 501.42 Subpart C -- How Does One Apply for a Grant?
520.20 What requirements pertain to project committees?
520.21 How does the Secretary provide for the participation of
children enrolled in nonprofit private schools in an instructional
program of bilingual-bicultural education?
520.22 What requirements pertain to training activities?
520.23 What requirements pertain to nonprofit private organizations
that apply for a bilingual-bicultural curriculum development project?
34 CFR 501.42 Subpart D -- How Does the Secretary Make a Grant?
520.30 How does the Secretary evaluate an application proposing a
bilingual-bicultural curriculum development project?
520.31 How does the Secretary evaluate an application proposing an
instructional program of bilingual-bicultural education?
520.32 What factors does the Secretary consider in awarding grants?
34 CFR 501.42 Subpart E -- What Conditions Must Be Met by a Grantee?
520.40 What requirements pertain to all grantees?
520.41 What additional requirement pertains to grantees carrying out
an instructional program of a bilingual-bicultural education?
Authority: Sec. 751 of the Title VII Elementary and Secondary
Education Act, Pub. L. 95-561, 20 U.S.C. 3261.
Source: 46 FR 37596, July 21, 1981, unless otherwise noted.
34 CFR 501.42 Subpart A -- General
34 CFR 520.1 What is the Desegregation Support Program?
(a) The purpose of this program is to provide assistance to eligible
local educational agencies (LEAs) that --
(1) Are implementing qualifying desegregation plans; and
(2) Have eligible minority group children enrolled in schools
participating in the qualifying desegregation plans.
(b) This program supports two types of projects designed to
complement an LEA's qualifying desegregation plan and to meet the
special educational needs of eligible minority group children:
(1) Bilingual-bicultural curriculum development projects that develop
curriculum for use in instructional programs of bilingual-bicultural
education;
(2) Projects that implement instructional programs of
bilingual-bicultural education.
(Authority: 20 U.S.C. 3261(a))
520.2 (See 34 CFR 500.2(g) -- Who is eligible for assistance under
these programs?)
34 CFR 520.3 What regulations govern this program?
(a) The following regulations apply to grants awarded under this
program:
(1) The regulations in this part (34 CFR Part 520);
(2) The Bilingual Education: General Provisions (34 CFR Part 500)
with the following exceptions:
(i) The definitions in 34 CFR 500.4 do not apply. Definitions for
this program are contained in this part (34 CFR 520.4).
(ii) The Secretary approves a project period of from one to three
years.
(3)(i) The following regulations under the Emergency School Aid Act,
as in effect on September 30, 1982:
(A) Limitations on eligibility (34 CFR 280.21 through 280.24).
(B) Continuing conditions of eligibility (34 CFR 280.26).
(C) Show cause conferences (34 CFR 280.27).
(D) Waivers of ineligibility (34 CFR 280.28 through 280.32).
(E) Qualifying plans (34 CFR 280.42).
(ii) For the purposes of this program, the term ''under the Act'' as
used in the Emergency School Aid Act regulations cited in this section
(34 CFR 520.3(a)(3)(i)) shall mean ''under section 751 of the Bilingual
Education Act.
(46 FR 37596, July 21, 1981, as amended at 47 FR 52998, Nov. 24,
1982)
34 CFR 520.4 What definitions apply?
In addition to terms defined in EDGAR (34 CFR Part 77), the following
terms are used in this part:
Act means the Bilingual Education Act, Title VII of the Elementary
and Secondary Education Act of 1965, as amended.
(Authority: 20 U.S.C. 3221)
Curriculum is considered to encompass the instructional activities,
including the use of materials, planned and provided for students by the
school or school system. The curriculum, therefore, is the planned
interaction of students with instructional content, instructional
resources, and instructional processes for the attainment of educational
objectives.
(Authority: 20 U.S.C. 3261)
Emergency School Aid Act means the Emergency School Aid Act, Title VI
of the Elementary and Secondary Education Act of 1965, as amended.
(Authority: 20 U.S.C. 3191)
Instructional program of bilingual-bicultural education means a
program of instruction designed to meet the special educational needs of
minority group children in elementary and secondary schools and having
the following characteristics:
(1) There is instruction given in, and study of, English and the
native language of the parents and grandparents of the minority group
children.
(2) Instruction is given with appreciation for the heritage of the
minority group children and of other children in American society.
(Authority: 20 U.S.C. 3261(a)(1)(A))
Minority group children means children who are from environments in
which the native language is other than English and who, as a result of
language barriers and cultural differences, do not have equal
educational opportunity.
(Authority: 20 U.S.C. 3207(6), 3261)
Native language means the language normally used by an individual, or
in the case of a child, the language normally used by the parents or
grandparents of the child.
(Authority: 20 U.S.C. 3261(a)(1))
Qualifying desegregation plan means the desegregation plan that
satisfies the requirements of section 606 of the Emergency School Aid
Act (ESAA) and qualifies an LEA for assistance under this program.
(Authority: 20 U.S.C. 3261)
34 CFR 520.4 Subpart B -- What Kinds of Projects Does the Secretary Assist?
34 CFR 520.10 What activities are eligible for assistance?
The Secretary funds two types of projects which must be designed to
complement the LEA's qualifying desegregation plan.
(a) Bilingual-bicultural curriculum development projects. An
eligible LEA, or a nonprofit private organization that has received a
request for curriculum development from one or more eligible LEAs may
propose to develop curriculum for use in instructional programs of
bilingual-bicultural education. This curriculum is designed to --
(1) Increase the skills of minority group children in understanding,
speaking, reading, and writing both English and the native language of
the parents or grandparents or the minority group children;
(2) Enhance the understanding of minority group children and their
classmates about the history and cultural backgrounds of the minority
group children; and
(3) Complement the LEA's qualifying desegregation plan.
(b) Instructional programs of bilingual-bicultural education.
(1) An eligible LEA may propose to implement --
(i) Curriculum developed under paragraph (a) of this section; or
(ii) Any other curriculum that the Secretary determines meets the
requirements in paragraph (a) of this section.
(2) In its plan to implement an instructional program of
bilingual-bicultural education, an LEA shall provide, as necessary,
training for teachers, principals, and other educational personnel who
work with minority group children, to enable them to provide services
more effectively to those children.
(Authority: 20 U.S.C. 3231(a)(2) and 3261(a)(1) and (b))
34 CFR 520.10 Subpart C -- How Does One Apply for a Grant?
34 CFR 520.20 What requirements pertain to project committees?
(a) An LEA applying for a bilingual-bicultural curriculum development
project or an instructional program of bilingual-bicultural education
shall establish a project committee meeting the requirements of
paragraph (b) of this section that will fully participate in the
preparation of the application and in the implementation of the project
and join in submitting the application.
(b)(1) The project committee must be broadly representative of
parents, school officials, teachers, and other interested members of the
community or communities to be served.
(2) At least half of the committee members must be parents.
(3) At least half of the committee members must be members of the
minority group(s) whose educational needs the project is intended to
meet.
(c) The LEA may use the following procedures, or other procedures it
determines appropriate, to meet the requirements of paragraph (b):
(1) Solicit nominations for project committee membership from
parents, other representatives of minority group children, and
interested members of the community or communities to be served.
(2) Publish a solicitation of nominations for membership in a manner
likely to bring the solicitation to the attention of potential members;
for example, publication of an announcement in a local newspaper or
other local publication.
(3) Include at least seven members on the committee.
(d) The LEA shall provide the project committee with adequate
resources (as determined by the LEA), including staff with language
skills in the native language of the committee members.
(e) The LEA shall submit with its application --
(1)(i) Documentation of its consultations with the project committee;
(ii) The project committee's comments on the application; and
(iii) Documentation of support for the project signed by the majority
of the members of the project committee; and
(2) An assurance that in carrying out its project, the applicant will
provide for frequent consultations with, and participation by, the
project committee.
(f) The requirements in paragraphs (a) through (e) of this section
apply to a nonprofit organization applying for a bilingual-bicultural
curriculum development project, with the following exceptions:
(1) The committee must consist of at least ten persons; and
(2) The committee must exercise policy-making authority with respect
to the program or project.
(Authority: 20 U.S.C. 3223(a)(4)(E) and 3261(a)(2))
34 CFR 520.21 How does the Secretary provide for the participation of
children enrolled in nonprofit private schools in an instructional
program of bilingual-bicultural education?
(a) An applicant shall provide for the participation in its project
of minority group children enrolled in nondiscriminating nonprofit
private schools in the LEA, whose participation would assist in
achieving the purposes of the LEA's qualifying desegregation plan, if
the educational needs, language(s), and grade level(s) of those children
are of a similar type to those which the project is intended to address.
(b)(1) In meeting the requirements in paragraph (a) of this section,
the applicant shall comply with the requirements in EDGAR (34 CFR 76.651
through 76.662).
(2) For the purpose of this section, the terms ''subgrantee'' and
''subgrant'' as used in those sections of EDGAR mean ''grantee'' and
''grant'', respectively.
(c) If an applicant fails to provide for the participation of
minority group children enrolled in nonprofit private schools as
required in paragraph (a) of this section, the Secretary --
(1) Withholds approval of the application until the applicant
demonstrates that it will provide for the participation of those
children; or
(2) Reduces the amount of the grant by the amount the Secretary needs
to --
(i) Arrange to assess the needs of minority group children in
nonprofit private schools whose participation would assist in achieving
the purposes of the LEA's qualifying desegregation plan; and
(ii) Carry out an instructional program of bilingual-bicultural
education for minority group children whose educational needs,
language(s), and grade level(s) are of a similar type to those which the
project is intended to address.
(d)(1) In addition to meeting the requirements in paragraphs (a) and
(b) of this section, an applicant may, at its option, provide an
instructional program of bilingual-bicultural education for minority
group children and their classmates enrolled in nondiscriminating
nonprofit private schools in the LEA, whose participation would assist
in achieving the purposes of the LEA's qualifying desegregation plan,
although the educational needs, language(s), and grade level(s) of the
minority group children are not of a type similar to those of the public
school participants.
(2) An applicant that proposes to provide services under paragraph
(d)(1) of this section to children enrolled in nonprofit private schools
shall comply with the requirements in 34 CFR 76.657 through 76.662.
(Authority: 20 U.S.C. 3231(b)(3)(C)(ii) and (f), 3261(a)(1))
34 CFR 520.22 What requirements pertain to training activities?
An LEA proposing to carry out an instructional program of
bilingual-bicultural education shall --
(a) Assess the training needs of the teachers, principals, and other
educational personnel who work with minority group children in school(s)
participating in the qualifying desegregation plan;
(b) Include in its application plans for training activities that
provide, as necessary, training for teachers, principals, and other
education personnel who work with minority group children; and
(c) Include in its budget adequate funds for these activities.
(Authority: 20 U.S.C. 3261(a)(1))
34 CFR 520.23 What requirements pertain to nonprofit private
organizations that apply for a bilingual-bicultural curriculum
development project?
A nonprofit private organization must include in its application --
(a) Evidence that it has received a request from one or more eligible
LEAs to develop bilingual-bicultural curriculum under this program; and
(b) Evidence that it has the capacity to obtain the services of
adequately trained and qualified staff.
(Authority: 20 U.S.C. 3261(a)(2))
34 CFR 520.23 Subpart D -- How Does the Secretary Make a Grant?
34 CFR 520.30 How does the Secretary evaluate an application proposing
a bilingual-bicultural curriculum development project?
The Secretary considers the following criteria worth a total of 150
possible points. The maximum possible score for each criterion is
indicated in parentheses.
(a) Curriculum design. (40 points)
The Secretary considers the quality of the applicant's plans for
designing a curriculum that complements --
(1) The LEA's qualifying desegregation plan; and
(2) Any programs of Federal financial assistance that are related to
the purposes of this program.
(b) Needs identification. (10 points)
The Secretary considers the extent to which the applicant has
identified, by reliable and objective means, the nature and magnitude of
the special educational needs of the minority group children.
(c) Impact. (40 points total)
The Secretary considers the extent to which the proposed curriculum
will --
(1) Meet the special educational needs of minority group children;
(15 points);
(2) Increase the skills of minority group children in understanding,
speaking, reading, and writing both English and the native language of
the parents or grandparents of the minority group children (10 points);
(3) Enhance the understanding of the minority group children and
their classmates about the history and cultural backgrounds of the
minority group children (10 points); and
(4) Involve parents of minority group children in the education of
their children (5 points).
(d) Curriculum evaluation. (15 points)
The Secretary considers the adequacy of the applicant's plans --
(1) To test the curriculum as it is developed to determine whether it
meets the needs identified in the application; and
(2) To include teachers, principals, and other educational personnel
from schools participating in the qualifying desegregation plan in the
evaluation of the curriculum.
(e) Plan of operation. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as members
of racial or ethnic minority groups, women, handicapped persons, and the
elderly.
(f) Quality of key personnel. (15 points)
(1) The Secretary reviews each application for information that shows
the quality of the key personnel the applicant plans to use on the
project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (e)(2) (i)
and (ii) of this section plans to commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as members of racial or ethnic
groups, women, handicapped persons, and the elderly.
(3) To determine the qualifications of a person, the Secretary
considers evidence of past experience and training, in fields related to
the objectives of the project, as well as other information that the
applicant provides.
Note: The qualifications of project personnel should relate to the
population served by the project. For example, when reviewing projects
that serve children of a particular ethnic population, the Secretary
looks for project personnel who have extensive experience or expertise
in the culture and language of that population.
(g) Budget and cost effectiveness. (5 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(h) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(Authority: 20 U.S.C. 3261(a)(1) and 20 U.S.C. 3474(a))
34 CFR 520.31 How does the Secretary evaluate an application proposing
an instructional program of bilingual-bicultural education?
The Secretary considers the following criteria worth a total of 150
possible points. The maximum possible score for each criterion is
indicated in parentheses.
(a) Project design. (40 points)
The Secretary considers the quality of the applicant's plans to
coordinate the implementation of the instructional program of
bilingual-bicultural education with --
(1) Activities carried out under the LEA's desegregation plan; and
(2) Any programs of Federal financial assistance that are related to
the purpose of the program.
(b) Rationale for selection of project sites and participants. (5
points)
The Secretary considers the rationale and the appropriateness of the
methods used to select the schools and children to be served by the
project.
(c) Needs assessment. (10 points)
The Secretary considers the adequacy of the applicant's assessment of
the needs of the children to be served by the project, including
assessments of --
(1) The special educational needs of the minority group children;
(2) Proficiency of the minority group children in understanding,
speaking, reading, and writing both English and the native language(s)
of the parents or grandparents of the minority group children to be
served by the project; and
(3) Knowledge and understanding of the children of the history and
cultural heritage of the minority group children to be served;
(d) Impact. (40 points total)
The Secretary considers the extent to which the proposed program of
bilingual-bicultural education will --
(1) Meet the special educational needs of the minority group children
(15 points);
(2) Increase the skills of minority group children in understanding,
speaking, reading, and writing both English and the native language of
the parents or grandparents of the minority group children (10 points);
(3) Enhance the understanding of the minority group children and
their classmates about the history and cultural backgrounds of the
minority group children and increase their tolerance and appreciation
for ethnic differences, (10 points); and
(4) Involve parents of minority group children in the education of
their children (5 points).
(e) Plan of operation. (15 points)
(1) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.
(2) The Secretary looks for information that shows --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective; and
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as members
of racial or ethnic minority groups, women, handicapped persons, and the
elderly.
(f) Quality of key personnel. (20 points)
(1) The Secretary reviews each application for information that shows
the quality of key personnel the applicant plans to use on the project.
(2) The Secretary looks for information that shows --
(i) The qualifications of the project director (unless the building
principal is to be so designated);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (f)(2) (i)
and (ii) of this section plans to commit to the project;
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as members of racial or ethnic
groups, women, handicapped persons, and the elderly; and
(v) The extent to which the building principal is involved in the
daily administration of the project.
(3) To determine the qualifications of a person, the Secretary
considers evidence of the past experience and training, in fields
related to the objectives of the project, as well as other information
that the applicant provides.
Note: The qualifications of project personnel should relate to the
population served by the project. For example, when reviewing projects
that serve children of a particular ethnic population, the Secretary
looks for project personnel who have extensive experience or expertise
in the culture and language of that population.
(g) Evaluation plan. (10 points)
(1) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.
(Authority: See 34 CFR 75.590 Evaluation by the grantee)
(2) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project and, to the extent
possible, are objective and produce data that are quantifiable.
(h) Budget and cost effectiveness. (5 points)
(1) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows --
(i) The budget for the project is adequate to support the project
activities; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(i) Adequacy of resources. (5 points)
(1) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(Authority: 20 U.S.C. 3261(a)(1) and 20 U.S.C. 3474(a))
34 CFR 520.32 What factors does the Secretary consider in awarding
grants?
(a) The Secretary considers the rank order of the application as
determined by applying the selection criteria in 520.31 (for
applications proposing instructional programs of bilingual-bicultural
education).
(b) The Secretary also considers the need for the proposed activities
in the LEA(s) to be served by the project.
(1) In determining need under paragraph (b) of this section, the
Secretary considers --
(i) The number of minority group children who would benefit from the
program of bilingual-bicultural education;
(ii) Assistance the applicant is receiving under other programs of
Federal financial assistance that are related to the purposes of this
program; and
(iii) Previous assistance that the applicant has received under this
program or under section 708 of the Emergency School Aid Act and the
need for further assistance.
(2) In determining need under paragraph (b)(1) of this section, the
Secretary uses --
(i) Information provided in the application;
(ii) Information provided in the SEA review of the application (under
34 CFR 500.20);
(iii) Information on current and past educational and training
activities supported under the Bilingual Education Act and the Emergency
School Aid Act; and
(iv) Other information available to the Secretary; and
(c) For applications proposing to implement instructional programs of
bilingual-bicultural education, the Secretary gives priority to
applications that propose to implement bilingual-bicultural curriculum
developed under this program, if that curriculum is determined to be
appropriate to the needs of the LEA.
(Authority: 20 U.S.C. 3231(c), 3261)
34 CFR 520.32 Subpart E -- What Conditions Must Be Met by a Grantee?
34 CFR 520.40 What requirements pertain to all grantees?
A grantee shall --
(a) Work closely with its project committee in carrying out project
activities; and
(b) Coordinate project activities with --
(1) The goals and implementation of the LEA's qualifying
desegregation plan; and
(2) Any programs of Federal financial assistance that are related to
the purposes of the program.
(c) A grantee shall comply with the ''supplement not supplant''
requirement in section 721(b)(3)(G) of the Act.
(Authority: 20 U.S.C. 3231(b)(3)(G) and 3261(a) (2) and (3))
34 CFR 520.41 What additional requirement pertains to grantees carrying
out an instructional program of bilingual-bicultural education?
A grantee shall inform parents of children participating in the
program of the instructional goals of the program and the progress of
their children in the program.
(Authority: 20 U.S.C. 3223(a)(4)(F))
34 CFR 520.41 PART 524 -- BILINGUAL EDUCATION: ACADEMIC EXCELLENCE PROGRAM
34 CFR 520.41 Subpart A -- General
Sec.
524.1 Academic Excellence Program.
524.2 Who is eligible to apply for assistance?
524.3 What regulations apply?
524.4 What definitions apply?
34 CFR 520.41 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
524.10 What are the project activities?
34 CFR 520.41 Subpart C -- How Does One Apply for an Award?
524.20 How does an applicant apply for a grant under this program?
524.21 How does an SEA nominate an applicant under this program?
34 CFR 520.41 Subpart D -- How Does the Secretary Make an Award?
524.30 How does the Secretary evaluate an application?
524.31 What selection criteria does the Secretary use?
524.32 What additional factors does the Secretary consider?
524.33 What is the length of the project period?
34 CFR 520.41 Subpart E -- What Conditions Must Be Met by a Recipient?
524.40 What requirements must a grantee meet concerning a model site?
Authority: 20 U.S.C. 3281-3341, unless otherwise noted.
Source: 52 FR 30322, Aug. 13, 1987, unless otherwise noted.
34 CFR 520.41 Subpart A -- General
34 CFR 524.1 Academic Excellence Program.
The Academic Excellence Program identifies and disseminates
information about programs of transitional bilingual education,
development bilingual education, or special alternative instruction that
--
(a) Have an established record of providing effective, academically
excellence instruction; and
(b) Are designed to --
(1) Serve as models of exemplary bilingual education programs; and
(2) Facilitate the dissemination of effective bilingual education
practices for limited English proficient students that --
(i) Can be models for effective schools using effective teaching
practices; or
(ii) Serve as models of exemplary bilingual education programs.
(Authority: 20 U.S.C. 3283(a)(8))
(52 FR 30322, Aug. 13, 1987, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 524.2 Who is eligible to apply for assistance?
(a) Subject to the limitations in paragraph (b) of this section, the
following parties are eligible for assistance under this part:
(1) Local education agencies (LEAs).
(2) Institutions of higher education (IHEs), including junior or
community colleges.
(3) Private nonprofit organizations applying separately or jointly.
(b) In order to be considered for assistance under this part, an
applicant must administer a program of transitional bilingual education,
developmental bilingual education, or special alternative instruction
that is either --
(1) Nominated by its State educational agency (SEA) in accordance
with 524.20; or
(2) Approved by the Program Effectiveness Panel (PEP) as defined in
34 CFR 785.5.
(Authority: 20 U.S.C. 3291(b)(2), 3283(a)(8))
(52 FR 30322, Aug. 13, 1987, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 524.3 What regulations apply?
The following regulations apply to the Academic Excellence Program:
(a) The regulations identified in 34 CFR 500.3.
(b) The regulations in this Part 524, except as provided in paragraph
(c) of this section.
(c) The regulations in this Part 524 do not apply to second- and
third-year noncompeting continuation grants in FY 1989 and third-year
noncompeting continuation grants in FY 1990. The regulations applicable
to these noncompeting continuation grants are the regulations applicable
in FY 1988.
(Authority: 20 U.S.C. 3291)
(52 FR 30322, Aug. 13, 1987, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 524.4 What definitions apply?
The following definitions apply to the Academic Excellence Program:
(a) The definitions identified in 34 CFR 500.4.
(b) The definitions of ''Program Effectiveness Panel'' and ''PEP
approval'' in 34 CFR 785.5.
(c) ''Adoption'' means implementation of the applicant's program of
transitional bilingual education, developmental bilingual education, or
special alternative instruction in a new setting.
(Authority: 20 U.S.C. 3291)
(52 FR 30322, Aug. 13, 1987, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 524.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under This Program?
34 CFR 524.10 What are the project activities?
(a) A project must --
(1) Develop material --
(i) To inform LEAs and other service providers such as private
schools or institutions of higher education conducting an elementary or
secondary education program about the grantee's program; and
(ii) To use for training in conjunction with adoption of the program;
(2) Conduct outreach activities to inform potential users about the
grantee's program and the availability of assistance from the grantee in
its adoption;
(3) Make necessary arrangements to inform interested LEAs and other
educational service providers about the exemplary program;
(4) Assist in adoption by providing training and technical assistance
to educational personnel in the preparation, implementation, and
evaluation stages of an adoption; and
(5) Evaluate the quality and effectiveness of the activities listed
in paragraphs (a) (1), (2), (3), and (4) of this section.
(b) Assistance under this part may not be used to pay for direct
instructional services to children.
(Authority: 20 U.S.C. 3291)
(52 FR 30322, Aug. 13, 1987)
34 CFR 524.10 Subpart C -- How Does One Apply for an Award?
34 CFR 524.20 How does an applicant apply for a grant under this
program?
(a) Prior to submitting its application, an applicant must obtain --
(1) PEP approval of its program of transitional bilingual education,
developmental bilingual education, or special alternative instruction;
or
(2) The nomination of its program of transitional bilingual
education, developmental bilingual education, or special alternative
instruction by the SEA of the State in which the program is located.
(b) An application must document compliance with paragraph (a) of
this section and include --
(1) The information required under section 7021(c)(4) of the Act;
and
(2) Assurances that the exemplary program is currently operating at a
local site.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291(a)(4))
(52 FR 30322, Aug. 13, 1987, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 524.21 How does an SEA nominate an applicant under this program?
(a) The SEA of the State in which the program is located may nominate
up to eight programs under this part.
(b) In nominating programs, the SEA shall consider --
(1) Documented evidence of the established record of effectiveness of
the program in teaching English to LEP students;
(2) Exemplary features of the program; and
(3) Other relevant information provided by the applicant.
(c) The SEA shall provide assurances to the Secretary that --
(1) The program has been reviewed with respect to each of the factors
referred to in section 7021(c)(4)(A)-(D) of the Act and the criterion in
524.31(a); and
(2) The program is exemplary.
(Authority: 20 U.S.C. 3291(a)(4))
(52 FR 30322, Aug. 13, 1987, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 524.21 Subpart D -- How Does the Secretary Make an Award?
34 CFR 524.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a new grant on the
basis of the criteria listed in 524.31. The Secretary awards a maximum
of 100 points for all the criteria. The maximum possible score for each
criterion is indicated in parentheses after the criterion heading.
(b) The Secretary then applies the additional factors listed in
524.32.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291(a)(4))
34 CFR 524.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Educational significance. (30 points) The Secretary reviews each
application to determine the significance of the program in --
(1) Teaching English to LEP children:
(2) Using techniques that are suitable for adoption by other
providers of educational services to LEP children.
(b) Project design and objectives. (25 points)
(1) The Secretary considers the extent to which the project has
specific and quantifiable objectives including --
(i) An effective plan of management that ensures the proper and
efficient administration of the project; and
(ii) Effective strategies for --
(A) Developing and disseminating information about the exemplary
program;
(B) Training and assisting potential users in adoption of the
program;
(C) Monitoring and evaluating adoption of the program; and
(D) Using resources and personnel to achieve each objective.
(2) The Secretary considers the extent to which the project will help
address identified needs.
(3) The Secretary reviews each application to determine the ability
of the applicant to maintain the exemplary program.
(c) Quality of key personnel. (15 points)
(1) The Secretary reviews each application to determine the quality
of the key personnel the applicant plans to use on the project including
--
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (c)(1) (i)
and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment
practices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
handicapping condition.
(2) To determine personnel qualifications under paragraph (c)(1) of
this section, the Secretary considers --
(i) Experience and training, in fields related to the objectives of
the project; and
(ii) Any other qualifications that pertain to the quality of the
project.
(d) Evaluation plan. (10 points)
(1) The Secretary reviews each application to determine the quality
of the evaluation plan for the project, including the extent to which
the applicant's methods of evaluation --
(i) Are appropriate to the project; and
(ii) Produce objective and quantifiable data including the evaluation
of the performance of students who have received instruction at the
adoption sites. The evaluation should, if possible, include per- and
post-adoption testing of English language proficiency.
(2) The Secretary reviews the relationship of the evaluation plan to
the goals of the project and the activities conducted to attain those
goals.
Cross-Reference: See 34 CFR 75.590 Evaluation by the grantee.
(e) Coordination. (5 points) The Secretary reviews each application
to determine the extent to which the applicant will coordinate
activities with SEAs, Multifunctional Resource Centers, the National
Clearinghouse on Bilingual Education, and other providers of technical
assistance serving programs for limited English proficient persons.
(f) Budget and cost effectiveness. (10 points) The Secretary reviews
each application to determine the extent to which --
(1) the budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the
project.
(g) Commitment and capacity. (5 points) The Secretary reviews each
application to determine the applicant's commitment to the dissemination
and adoption of the exemplary program in the past, and the likelihood of
the applicant's continued efforts to disseminate and achieve the
adoption of the exemplary program when Federal assistance under this
part ends.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291(a)(4))
34 CFR 524.32 What additional factors does the Secretary consider?
(a) The Secretary consider the following additional factors in
awarding grants:
(1) How dissemination and adoptoin of the model program would relate
to --
(i) The need to assist LEP children who have been historically
underserved by programs for limited English proficient persons; and
(ii) The need to provide funding according to the distribution of LEP
children throughout the Nation, and within each of the States.
(2) The relative numbers of children from low-income families likely
to be benefited by the project.
(b) The Secretary distributes an additional 15 points among the
factors listed in paragraph (a) of this section. The Secretary
indicates how these 15 points are distributed in the application notice
published in the Federal Register.
(Authority: 20 U.S.C. 3291)
34 CFR 524.33 What is the length of the project period?
The Secretary approves a project period of three years for an award
under the Academic Excellence Program.
(Authority: 20 U.S.C. 3291(d)(2))
34 CFR 524.33 Subpart E -- What Conditions Must Be Met by a Recipient?
34 CFR 524.40 What requirements must a grantee meet concerning a model
site?
A grantee funded under the Academic Excellence Program shall maintain
a model site where --
(a) Visitors can observe the exemplary program; and
(b) There are educational staff who are experienced and knowledgeable
about the program.
(Authority: 20 U.S.C. 3291(a)(4))
34 CFR 524.40 PART 525 -- BILINGUAL EDUCATION: FAMILY ENGLISH LITERACY PROGRAM
34 CFR 524.40 Subpart A -- General
Sec.
525.1 Family English Literacy Program.
525.2 Who is eligible to apply for assistance under the Family
English Literacy Program?
525.3 What regulations apply to the Family English Literacy Program?
525.4 What definitions apply to the Family English Literacy Program?
34 CFR 524.40 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
525.10 What activities are eligible for assistance?
34 CFR 524.40 Subpart C -- How Does One Apply for an Award?
525.20 What must an applicant include in its application for
assistance?
525.21 What requirements pertain to the development of an evaluation
plan?
34 CFR 524.40 Subpart D -- How Does the Secretary Make an Award?
525.30 How does the Secretary evaluate an application?
525.31 What selection criteria does the Secretary use?
525.32 What additional factors does the Secretary consider in
awarding grants?
525.33 What is the length of the project period?
Authority: 20 U.S.C. 3281-3341, unless otherwise noted.
Source: 51 FR 22430, June 19, 1986, unless otherwise noted.
34 CFR 524.40 Subpart A -- General
34 CFR 525.1 Family English Literacy Program.
The Secretary provides assistance for projects under the Family
English Literacy Program as defined in 34 CFR 500.4.
(Authority: 20 U.S.C. 3283(a)(7))
34 CFR 525.2 Who is eligible to apply for assistance under the Family
English Literacy Program?
The following parties are eligible to apply for assistance under the
Family English Literacy Program:
(a) Local educational agencies (LEAs).
(b) Institutions of higher education, including junior or community
colleges.
(c) Private nonprofit organizations, applying separately or jointly.
(Authority: 20 U.S.C. 3291(b)(2))
34 CFR 525.3 What regulations apply to the Family English Literacy
Program?
The following regulations apply to the Family English Literacy
Program:
(a) The regulations identified in 34 CFR 500.3.
(b) The regulations in this Part 525, except as provided in paragraph
(c) of this section.
(c) The regulations in this Part 525 do not apply to second- and
third-year noncompeting continuation grants in FY 1989 and third-year
noncompeting continuation grants in FY 1990. The regulations applicable
to these noncompeting continuation grants are the regulations applicable
in FY 1988.
(Authority: 20 U.S.C. 3283(a)(7), 3291(a)(5))
(51 FR 22430, June 19, 1986, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 525.4 What definitions apply to the Family English Literacy
Program?
The definitions in 34 CFR 500.4 apply to this program.
(Authority: 20 U.S.C. 3283(a)(7))
34 CFR 525.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under This Program?
34 CFR 525.10 What activities are eligible for assistance?
(a) The Secretary provides assistance for activities designed to
establish, operate, and improve family English literacy programs such as
--
(1) Instruction designed to help limited English proficient (LEP)
adults and out-of-school youth achieve competence in the English
language;
(2) Instruction in methods by which parents and family members can
facilitate the educational achievement of LEP children; and
(3) Instruction designed to enable aliens otherwise eligible for
temporary resident status under section 245A of the Immigration and
Nationality Act to achieve a minimal understanding of ordinary English,
and a knowledge and understanding of history and government of the
United States as required by section 312 of the Immigration and
Nationality Act.
(b) Instruction under this program may be conducted exclusively in
English or in English and the native language of the participants.
(Authority: 20 U.S.C. 3283(a)(7))
(51 FR 22430, June 19, 1986, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 525.10 Subpart C -- How Does One Apply for an Award?
34 CFR 525.20 What must an applicant include in its application for
assistance?
An application for an award under this program must contain the
information required under section 7021(c)(5) of the Act and 525.21
and 525.32.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291(a)(5))
(51 FR 22430, June 19, 1986, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 525.21 What requirements pertain to the development of an
evaluation plan?
An applicant shall demonstrate in its application that its plan for
evaluating the progress and achievements of the proposed project meets
the requirements of 34 CFR 500.50 through 500.52.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291(a)(5), 3303)
34 CFR 525.21 Subpart D -- How Does the Secretary Make an Award?
34 CFR 525.30 How does the Secretary evaluate an application?
(a)(1) The Secretary evaluates an application on the basis of the
criteria listed in 525.31.
(2) The Secretary awards a maximum of 100 points for all the
criteria.
(3) The maximum possible score for each complete criterion is
indicated in parentheses after the heading for the criterion.
(b) The Secretary then applies the additional factors listed in
525.32.
(Authority: 20 U.S.C. 3283 (a)(8), (h))
34 CFR 525.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Need and impact. (25 points) The Secretary reviews each
application to determine the extent to which --
(1) There is a need for the proposed family English literacy program;
(2) The methods used by the applicant to identify the needs are
objective and quantifiable;
(3) The project proposes to develop the skills of LEP adults and
out-of-school youth to achieve competence in English and to facilitate
the educational achievement of LEP children; and
(4) The applicant gives preference for participation in the proposed
project to parents and immediate family members of children enrolled in
programs assisted under the Act.
(b) Program objectives and design. (27 points) The Secretary reviews
each application to determine the appropriateness and reasonableness of
the applicant's design for meeting the needs of the persons to be served
by the project and the likelihood that the project will meet those
needs.
(c) Commitment and capacity. (15 points) The Secretary reviews each
application to determine the applicant's commitment and capacity to
continue, expand, and build upon the project when Federal assistance
under this part ends.
(d) Quality of personnel. (15 points) (1) The Secretary reviews each
application to determine the quality of the following personnel:
(i) The principal classroom instructional personnel.
(ii) The project director, if one is to be used, and other personnel
essential to the success of the project.
(2) The Secretary considers --
(i) The time that each person referred to in paragraphs (d)(1) (i)
and (ii) of this section will commit to the project; and
(ii) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications under paragraph (d)(1) of
this section, the Secretary considers --
(i) Experience and training, in fields related to the objectives of
the project; and
(ii) Any other qualifications that pertain to the quality of the
project.
(e) Budget and cost effectiveness. (10 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the project;
(2) Costs are reasonable in relation to the objectives of the
project; and
(3) There is an effective plan of management that ensures the proper
and efficient administration of the project, including evidence that
administrative costs are a minimum proportion of the total costs of the
project.
(f) Evaluation plan. (8 points) The Secretary reviews the strength
of the evaluation plan and its relationship to the educational goals of
the project and the activities conducted to attain those goals.
Cross-Reference: See 34 CFR 75.590 Evaluation by the grantee.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3283(a)(7))
34 CFR 525.32 What additional factors does the Secretary consider in
awarding grants?
(a) The Secretary considers the following additional factors in
awarding grants:
(1) The need to assist LEP children who have been historically
underserved by programs for limited English proficient persons.
(2) The need to provide assistance in proportion to the distribution
of LEP children throughout the Nation, and within each of the States.
(3) The need for financial assistance to establish, operate, or
improve programs for limited English proficient persons.
(4) The relative numbers of children from low-income families sought
to be benefited by the program.
(b) The Secretary distributes an additional 15 points among the
criteria listed in paragraph (a) of this section. The Secretary
indicates how these 15 points are distributed in the application notice
published in the Federal Register.
(Authority: 20 U.S.C. 3291)
34 CFR 525.33 What is the length of the project period?
The Secretary approves a project period of three years for an award
under the Family English Literacy Program.
(Authority: 20 U.S.C. 3291(b)(2))
34 CFR 525.33 Pt. 526
34 CFR 525.33 PART 526 -- BILINGUAL EDUCATION: SPECIAL POPULATIONS PROGRAM
34 CFR 525.33 Subpart A -- General
Sec.
526.1 Special Populations Program.
526.2 Who is eligible to apply for assistance under the Special
Populations Program?
526.3 What regulations apply to the Special Populations Program?
526.4 What definitions apply to the Special Populations Program?
34 CFR 525.33 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
526.10 What types of projects may be funded?
34 CFR 525.33 Subpart C -- How Does One Apply for an Award?
526.20 What requirements pertain to the development of an evaluation
plan?
34 CFR 525.33 Subpart D -- How Does the Secretary Make an Award?
526.30 What priorities may the Secretary establish?
526.31 How does the Secretary evaluate an application?
526.32 What selection criteria does the Secretary use?
526.33 What is the length of the project period?
34 CFR 525.33 Subpart E -- What Conditions Must Be Met by a Recipient?
526.40 What information must be given to parents?
Authority: 20 U.S.C. 3281-3341, unless otherwise noted.
Source: 51 FR 22431, June 19, 1986, unless otherwise noted.
34 CFR 525.33 Subpart A -- General
34 CFR 526.1 Special Populations Program.
The Special Populations Program provides assistance to preschool,
special education, and gifted and talented programs which are --
(a) For limited English proficient (LEP) children; and
(b) Preparatory or supplementary to programs such as those assisted
under the Act.
(Authority: 20 U.S.C. 3291(a)(6))
34 CFR 526.2 Who is eligible to apply for assistance under the Special
Populations Program?
The following parties are eligible for assistance under the Special
Populations Program:
(a) Local educational agencies (LEAs).
(b) Institutions of higher education, including junior or community
colleges.
(c) Private nonprofit organizations.
(Authority: 20 U.S.C. 3291(b)(2))
34 CFR 526.3 What regulations apply to the Special Populations Program?
The following regulations apply to the Special Populations Program:
(a) The regulations identified in 34 CFR 500.3.
(b) The regulations in this Part 526, except as provided in paragrah
(c) of this section.
(c) The regulations in this Part 526 do not apply to second- and
third-year noncompeting continuation grants in FY 1989 and third-year
noncompeting continuation grants in FY 1990. The regulations applicable
to these noncompeting continuation grants are the regulations applicable
in FY 1988.
(Authority: 20 U.S.C. 3291(a)(6))
(51 FR 22430, June 19, 1986, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 526.4 What definitions apply to the Special Populations Program?
The following definitions apply to the Special Populations Program:
(a) The definitions in 34 CFR 500.4.
(b) The definitions implementing Part B of the Education of the
Handicapped Act (EHA-B) for --
(1) ''Handicapped children'' in 34 CFR 300.5; and
(2) ''Individualized education program'' in 34 CFR 300.340.
(Authority: 20 U.S.C. 1401-1420, 3291(a)(6))
34 CFR 526.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under This Program?
34 CFR 526.10 What types of projects may be funded?
The Secretary provides assistance for activities that are preparatory
or supplementary to programs, such as those assisted under the Act,
designed to assist LEP students in achieving full competence in English.
Special Populations projects may establish, operate, and improve --
(a) Preschool programs for LEP children who have not reached
elementary school age;
(b) Programs for LEP children who receive services in accordance with
the EHA-B and which are supplementary to the services required by the
EHA-B; and
(c) Programs for LEP children who by reason of outstanding abilities
are capable of high performance.
(Authority: 20 U.S.C. 3291(a)(6))
34 CFR 526.10 Subpart C -- How Does One Apply for an Award?
34 CFR 526.20 What requirements pertain to the development of an
evaluation plan?
An applicant shall demonstrate in its application that its plan for
evaluating the progress and achievements of the proposed project meets
the requirements of 34 CFR 500.50 through 500.52.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3291(a)(6), 3303)
34 CFR 526.20 Subpart D -- How Does the Secretary Make an Award?
34 CFR 526.30 What priorities may the Secretary establish?
(a) In any fiscal year, the Secretary may establish as priorities,
one or more of the activities listed in 526.10.
(b) The Secretary announces any priorities in a notice published in
the Federal Register.
(Authority: 20 U.S.C. 3291(a)(6))
34 CFR 526.31 How does the Secretary evaluate an application?
(a)(1) The Secretary evaluates an application on the basis of the
criteria listed in 526.32.
(2) The Secretary awards a maximum of 100 points for all the
criteria.
(3) The maximum possible score for each complete criterion is
indicated in parentheses following the heading for the criterion.
(b) The Secretary then applies the additional factors listed in 34
CFR 525.32.
(Authority: 20 U.S.C. 3291(a)(6))
34 CFR 526.32 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Description and assessment of need. (17 points) The Secretary
reviews each application to determine --
(1) The extent to which the applicant has identified the needs of the
special populations to be served, including the lack of proficiency of
the LEP children in understanding, speaking, and, if appropriate,
reading and writing in the English language;
(2) The reliability and objectivity of the means used to identify
those needs, including --
(i) The criteria and other objective means used to identify the LEP
children eligible to participate in the project; and
(ii) If applicable, the basis for differentiating between children
whose language problems relate to limited English proficiency and those
whose language problems relate to the child's handicap as identified in
his or her individualized education program developed in accordance with
EHA-B, and 34 CFR Part 300; and
(3) The extent to which the project will serve those most in need of
services.
(b) Program objectives and design. (30 points) (1) The Secretary
reviews each application to determine the appropriateness and
reasonableness of the applicant's design for meeting the needs of LEP
students to be served, including the extent to which the instructional
approach to be used will address the specific needs identified in the
application.
(2) The Secretary looks for the extent to which the project has
specific and quantifiable objectives that will lead to the realization
of the goals of the Act, including --
(i) The manner and time schedule by which the applicant will meet the
needs of LEP children served by the project, including --
(A) The achievement of goals set for the children served by the
project, especially the goal of achieving English language proficiency
as soon as possible;
(B) The identification of children who have achieved proficiency in
the English language adequate for their effective participation in the
regular educational program;
(C) The transfer of these children identified in paragraph
(b)(2)(i)(B) of this section to the regular educational program as
quickly as possible;
(ii) The strategies for coordination with established instructional
programs at the elementary and secondary level for LEP children in the
schools operated or supported by LEAs in the community or communities to
be served; and
(iii) The way the applicant plans to use its resources and personnel
to achieve each objective.
(3) The Secretary reviews each application to determine the quality
of the training plan for the project, including the extent to which the
plan addresses the needs of personnel to be trained to meet the needs of
LEP children to be taught by the personnel.
(c) Commitment and capacity. (20 points) The Secretary reviews each
application to determine the applicant's commitment and capacity to
continue, expand, and build upon the project when Federal assistance
ends.
(d) Evaluation plan. (8 points) The Secretary reviews the strength
of the evaluation plan and its relationship to the educational goals of
the project and the activities conducted to attain those goals.
Cross-Reference: See 34 CFR 75.590 Evaluation by the grantee.
(Authority: 20 U.S.C. 3291(a)(6), 3303)
(e) Quality of personnel. (15 points) (1) The Secretary reviews each
application to determine the quality of the following personnel:
(i) The principal classroom instructional personnel.
(ii) The project director, if one is to be used, and other personnel
essential to the success of the project.
(2) The Secretary considers --
(i) The time that each person referred to in paragraphs (e)(1) (i)
and (ii) of this section will commit to the project; and
(ii) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications under paragraph (e)(1) of
this section, the Secretary considers --
(i) Experience and training, in fields related to the objectives of
the project; and
(ii) Any other qualifications that pertain to the quality of the
project.
(f) Budget and cost effectiveness. (10 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the project;
(2) Costs are reasonable in relation to the objectives of the
project; and
(3) There is an effective plan of management that ensures the proper
and efficient administration of the project, including evidence that
administrative costs are a minimum proportion of the total costs of the
project.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 1401-1420, 3291(a)(6))
(51 FR 22430, June 19, 1986, as amended at 53 FR 39221, Oct. 5, 1988)
34 CFR 526.33 What is the length of the project period?
The Secretary approves a project period of three years.
(Authority: 20 U.S.C. 3291(b)(2))
(51 FR 22430, June 19, 1986, as amended at 53 FR 39222, Oct. 5, 1988)
34 CFR 526.33 Subpart E -- What Conditions Must Be Met by a Recipient?
34 CFR 526.40 What information must be given to parents?
A grantee shall inform parents or legal guardians of students
identified for enrollment in the project of the information specified in
34 CFR 501.40.
(Approved by the Office of Management and Budget under control number
1885-0510)
(Authority: 20 U.S.C. 3283(c), 3291(d)(1)(D))
34 CFR 526.40 PART 537 -- BILINGUAL EDUCATION: PROGRAM FOR THE DEVELOPMENT OF INSTRUCTIONAL MATERIALS
34 CFR 526.40 Subpart A -- General
Sec.
537.1 Program for the Development of Instructional Materials.
537.2 Who is eligible to apply for assistance under the Program for
the Development of Instructional Materials?
537.3 What regulations apply to the Program for the Development of
Instructional Materials?
537.4 What definitions apply to the Program for the Development of
Instructional Materials?
34 CFR 526.40 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
537.10 What activities are eligible for assistance?
34 CFR 526.40 Subpart C -- (Reserved)
34 CFR 526.40 Subpart D -- How Does the Secretary Make an Award?
537.30 How does the Secretary evaluate an application?
537.31 What selection criteria does the Secretary use?
537.32 What is the length of a project period?
Authority: 20 U.S.C. 3221-3262, unless otherwise noted.
Source: 51 FR 22433, June 19, 1986, unless otherwise noted.
34 CFR 526.40 Subpart A -- General
34 CFR 537.1 Program for the Development of Instructional Materials.
The Program for the Development of Instructional Materials provides
assistance to establish, operate, and improve programs for the
development of instructional materials in languages for which materials
are commercially unavailable. These instructional materials must meet
the needs of local educational agencies that offer instructional
programs such as those authorized under Part A of the Act.
(Authority: 20 U.S.C. 3231(a)(7))
34 CFR 537.2 Who is eligible to apply for assistance under the Program
for the Development of Instructional Materials?
The following parties are eligible to apply under the part:
(a) State educational agencies (SEAs).
(b) Local educational agencies (LEAs).
(c) Institutions of higher education (IHEs).
(d) Private and public profit and nonprofit organizations.
(e) Individuals.
(Authority: 20 U.S.C. 3231(a)(7))
34 CFR 537.3 What regulations apply to the Program for the Development
of Instructional Materials?
The following regulations apply to this program:
(a) The regulations identified in 34 CFR 500.3.
(b) The regulations in this Part 537.
(Authority: 20 U.S.C. 3231(a)(7))
34 CFR 537.4 What definitions apply to the Program for the Development
of Instructional Materials?
The definitions in 34 CFR 500.4 apply to this program.
(Authority: 20 U.S.C. 3231(a)(7))
34 CFR 537.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under This Program?
34 CFR 537.10 What activities are eligible for assistance?
The Secretary provides assistance to develop instructional materials
including testing materials for use in programs for limited English
proficient persons.
(Authority: 20 U.S.C. 3231(a)(7))
34 CFR 537.10 Subpart C -- (Reserved)
34 CFR 537.10 Subpart D -- How Does the Secretary Make an Award?
34 CFR 537.30 How does the Secretary evaluate an application?
(a)(1) The Secretary evaluates an application on the basis of the
criteria listed in 537.31.
(2) The Secretary awards a maximum of 100 points for all the
criteria.
(3) The maximum possible score for the complete criterion is
indicated in parentheses after the heading for the criterion.
(b) The Secretary then applies the additional factors listed in 34
CFR 525.32.
(Authority: 20 U.S.C. 3231(a)(7))
34 CFR 537.31 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Need. (35 points) The Secretary reviews each application to
determine the extent of the need for the materials, including --
(1) The method used to identify the need;
(2) The nature and magnitude of the need; and
(3) How the applicant determined that the materials are not
commercially available.
(b) Program objectives and design. (30 points)
(1) The Secretary reviews each application to determine the
appropriateness and reasonableness of the applicant's design for meeting
the need identified in the application, including how the instructional
materials to be developed will meet that need.
(2) The Secretary looks for the extent to which the objectives of the
project will lead to the realization of the goals of the Act, including
--
(i) The goal of enabling LEP children to achieve English language
proficiency;
(ii) The time schedule established to develop and test the
instructional materials fully; and
(iii) The manner in which the applicant provides for the inclusion of
staff of one or more LEAs in the development and testing of the
instructional materials.
(c) Quality of key personnel and applicant. (15 points) (1) The
Secretary reviews each application to determine the quality of the key
personnel the applicant plans to use on the project, including --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (c)(1) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(2) To determine personnel qualifications under paragraph (c)(1) of
this section, the Secretary considers --
(i) Experience and training, in fields related to the objectives of
the project; and
(ii) Any other qualifications that pertain to the quality of the
project.
(3) The Secretary also considers the applicant's experience in
developing instructional materials.
(d) Budget and cost effectiveness. (10 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget is adequate to support the project;
(2) Costs are reasonable in relation to the objectives of the
project; and
(3) There is an effective plan of management that ensures the proper
and efficient administration of the project, including evidence that
administrative costs are a minimum proportion of the total costs of the
project.
(e) Evaluation plan. (10 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Are appropriate to the project; and
(2) To the extent possible, are objective and produce data that are
quantifiable.
Cross-Reference: See 34 CFR 75.590 Evaluation by the grantee.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3231(a)(7))
34 CFR 537.32 What is the length of a project period?
The Secretary approves a project period of one to three years.
(Authority: 20 U.S.C. 3231(d)(3))
34 CFR 537.32 PART 538 -- TRANSITION PROGRAM FOR REFUGEE CHILDREN
34 CFR 537.32 Subpart A -- General
Sec.
538.1 Transition Program for Refugee Children.
538.2 Who is eligible to apply for a grant under the Transition
Program for Refugee Children?
538.3 What regulations apply?
538.4 What definitions apply?
34 CFR 537.32 Subpart B -- What Kinds of Activities Does the Secretary
Assist Under This Program?
538.10 What activities are eligible for grant assistance under the
program?
34 CFR 537.32 Subpart C -- How Does a State Apply for a Grant?
538.20 What documents does the State submit to receive a grant?
34 CFR 537.32 Subpart D -- How Does the Secretary Make a Grant to a
State?
538.30 How does the Secretary review an application submitted by an
SEA?
538.31 What formula is used to determine the amount of a grant?
34 CFR 537.32 Subpart E -- How Does a State Make a Subgrant to an
Applicant?
538.40 For what purposes may an LEA apply for a subgrant?
538.41 How does the State determine the amount of a subgrant?
34 CFR 537.32 Subpart F -- What Conditions Apply to a State and Its
Subgrantees Under the Program?
538.50 What should a State do if an LEA does not apply for a
subgrant?
538.51 What are the restrictions on costs under this program?
538.52 Under what circumstances may the Secretary arrange for
providing services under this program?
Authority: 8 U.S.C. 1522 (a), (c), (d), unless otherwise noted.
Source: 53 FR 52619, Dec. 28, 1988, unless otherwise noted.
34 CFR 537.32 Subpart A -- General
34 CFR 538.1 Transition Program for Refugee Children.
(a) The Transition Program for Refugee Children provides assistance
to meet the special educational needs of eligible children who are
enrolled in public and nonprofit private elementary and secondary
schools.
(b) This program funds formula grants to States based on the number
of eligible children in the States.
(Authority: 8 U.S.C. 1522 (a), (d))
34 CFR 538.2 Who is eligible to apply for a grant under the Transition
Program for Refugee Children?
(a) A State educational agency (SEA) is eligible to apply for a grant
to assist eligible local educational agencies (LEAs) in its State in
providing special educational services to eligible children, or to
assist the SEA in providing those services pursuant to 538.50, if the
State has an approved plan for the administration of refugee
resettlement programs in its State on file with the Director of the
Office of Refugee Resettlement (ORR) in the Department of Health and
Human Services (HHS).
(b) Requirements pertaining to submission and approval of the State
plan are contained in 45 CFR Part 400 (Refugee Resettlement Program;
Plan and Reporting Requirements for States).
Authority: 8 U.S.C. 1522 (a), (c), (d))
34 CFR 538.3 What regulations apply?
The following regulations apply to the Transition Program for Refugee
Children:
(a) The regulations in 34 CFR Part 538.
(b) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR Part 76 (State-Administered Programs), Part 77
(Definitions That Apply To Department Regulations), Part 79
(Inter-governmental Review of Department of Education Programs and
Activities), and Part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements for State and Local Governments).
(Authority: 8 U.S.C. 1522(d))
34 CFR 538.4 What definitions apply?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
EDGAR
Elementary school
Nonprofit
Private
Secondary school
Secretary
State
State educational agency
(b) Other Definitions. The following definitions also apply to this
part:
Act means the Immigration and Nationality Act as amended by the
Refugee Act of 1980 (Pub. L. 96-212), 8 U.S.C. 1522(a), (c), (d).
Eligible children means children who --
(1)(i) Are admitted into the United States under section 207 of the
Act;
(ii) Are granted asylum in the United States under section 208 of the
Act;
(iii) Are paroled into the United States as a refugee or asylee under
section 212(d)(5) of the Act; or
(iv) Are admitted for permanent residence in the United States,
provided the individual child previously held a status in paragraph
(1)(i), (ii), or (iii) of this definition;
(2) Are within the age limit for which the applicable State is
required or permitted under State law to provide free public elementary
and secondary school education for students; and
(3) Have been admitted into the United States for no more than two
years at the elementary school level, or for no more than three years at
the secondary school level, and who are enrolled in public or nonprofit
private elementary or secondary schools.
Eligible local educational agency means --
(1) A public board of education or other public authority that will
serve at least twenty eligible children who are enrolled in public or
nonprofit private schools within the geographic service area under its
jurisdiction and is legally constituted within a State for either
administrative control of or direction of, or to perform service
functions for, public elementary or secondary schools in --
(i) A city, county, township, school district, or other political
subdivision of a State; or
(ii) Such combination of school districts or counties a State
recognizes as an administrative agency for its public elementary or
secondary schools; or
(2) Any other public institution or agency that has administrative
control and direction of a public elementary or secondary school and
serves a geographic area in which it will serve at least twenty eligible
children enrolled in public or nonprofit private schools.
(Authority: 8 U.S.C. 1522(a), (c), (d))
34 CFR 538.4 Subpart B -- What Kinds of Activities Does the Secretary Assist Under This Program?
34 CFR 538.10 What activities are eligible for grant assistance under
the program?
(a) The following are examples of services that may be provided under
this program:
(1) Special supplemental educational services may be provided, with
emphasis on instruction to improve English language skills of eligible
children, so as to enable those children to achieve and maintain a
satisfactory level of academic performance. These services may include
--
(i) Testing to determine the educational needs of eligible children;
(ii) Special English language instruction;
(iii) Bilingual education;
(iv) Remedial programs of instruction; and
(v) Special materials and supplies.
(2) Up to 15 percent of the award may be used to provide support
services for the eligible children, including but not limited to --
(i) Inservice training for educational personnel to work with
eligible children to enable them more effectively to provide services to
those children;
(ii) Training for parents of eligible children to enable them to
participate more effectively in the education of their children; and
(iii) School counseling and guidance services for eligible children,
including referrals to appropriate social and health agencies.
(b) An SEA may use up to one percent of the total funds it receives
--
(1) To ensure proper and efficient administration of funds under this
program; and
(2) To provide technical assistance to subgrantees and others who are
providing services under this program to eligible children.
(c) An eligible LEA may use up to one percent of the total funds it
receives for the administration of the program. The remaining funds
must be used for the activities under paragraph (a) of this section.
(d) Funds awarded under the program to any State must be used so as
to supplement the level of State and local funds that, in the absence of
those payments, would have been expended for special programs for
eligible children, and in no case to supplant those State and local
funds, except that nothing in this paragraph shall preclude a local
educational agency from using funds under this part for activities
carried out under an order of a court of the United States or of any
State respecting services to be provided to eligible children because of
their limited English proficiency, as defined in section 703(l) of the
Bilingual Education Act (20 U.S.C. 3221 et seq.), or to carry out a plan
approved by the Secretary as adequate under Title VI of the Civil Rights
Act of 1964 with respect to those services for those children.
(Authority: 8 U.S.C. 1522(a), (d))
34 CFR 538.10 Subpart C -- How Does a State Apply for a Grant?
34 CFR 538.20 What documents does the State submit to receive a grant?
(a) An SEA shall submit to the Secretary an application containing
the following:
(1) A narrative that demonstrates the need for assistance.
(2) A count of the number of eligible children to be served by the
program.
(3) The date or dates on which the count was taken.
(4) A program plan that includes --
(i) A brief description of the SEA's method of counting children
eligible for assistance under this program; and
(ii) A brief description of the SEA's plan for administering,
monitoring, and evaluating the program; and
(iii) A brief description of how the SEA will provide services, if
any, to eligible children pursuant to 538.50.
(b) The Secretary may specify, in a notice published in the Federal
Register, a period during which the State's count under paragraph (a)(2)
of this section must be taken.
(Approved by the Office of Management and Budget under control number
1885-0503)
(Authority: 8 U.S.C. 1522(a), (d))
34 CFR 538.20 Subpart D -- How Does the Secretary Make a Grant to a State?
34 CFR 538.30 How does the Secretary review an application submitted by
an SEA?
The Secretary approves an application submitted by an SEA if the
application complies with the requirements in this part.
(Authority: 8 U.S.C. 1522(a), (c), (d))
34 CFR 538.31 What formula is used to determine the amount of a grant?
To determine the amount of a grant to an SEA, the Secretary --
(a) Determines the average per pupil allocation by dividing the total
amount of the available funds for grants in a fiscal year by the sum of
all eligible children to be served by eligible LEAs or pursuant to
538.50, counted by SEAs with approved applications; and
(b) Multiplies an SEA's child count by the average per pupil
allocation determined under paragraph (a) of this section.
(Approved by the Office of Management and Budget under control number
1885-0503)
(Authority: 8 U.S.C. 1522(a), (d))
34 CFR 538.31 Subpart E -- How Does a State Make a Subgrant to an Applicant?
34 CFR 538.40 For what purposes may an LEA apply for a subgrant?
An eligible LEA may apply to the SEA for a subgrant to provide
services to eligible children enrolled in public and nonprofit private
schools within its jurisdiction.
(Approved by the Office of Management and Budget under control number
1885-0503)
(Authority: 8 U.S.C. 1522(a), (d))
34 CFR 538.41 How does the State determine the amount of a subgrant?
In determining the amount of a subgrant to an eligible LEA, the SEA
--
(a) Divides the amount of funds available to serve eligible children
by the total number of eligible children to be served in the State to
determine the amount of funds available for each eligible child; and
(b) Multiplies an eligible LEA's count of eligible children the LEA
will serve by the quotient obtained in paragraph (a) of this section.
(Approved by the Office of Management and Budget under control number
1885-0503)
(Authority: 8 U.S.C. 1522(a), (d))
34 CFR 538.41 Subpart F -- What Conditions Apply to a State and Its Subgrantees Under the Program?
34 CFR 538.50 What should a State do if an LEA does not apply for a
subgrant?
If an LEA does not apply for a subgrant to serve eligible children in
either public or nonprofit private schools, or both, within its
jurisdiction, the SEA may not include those children in its count of
eligible children under 538.20 of these regulations, unless the LEA has
at least 20 eligible children in the geographic area it serves, and the
SEA --
(a) Arranges through subgrants, contracts, or cooperative agreements
with public and nonprofit agencies, organizations, or institutions
(which may include institutions of higher education) for the provision
of services to the eligible children who would not be served; or
(b) Provides services directly to those children.
(Authority: 8 U.S.C. 1522(a), (d))
34 CFR 538.51 What are the restrictions on costs under this program?
Funds may not be used under this program for --
(a) Construction, repair, remodeling, or alteration of facilities or
sites;
(b) Payments of stipends to participants in inservice training or
other workshops, including costs of participant travel, meals or lodging
associated with this training; or
(c) Payments for the provision of health or social services.
(Authority: 8 U.S.C. 1522(a), (d))
34 CFR 538.52 Under what circumstances may the Secretary arrange for
providing services under this program?
If a State is prohibited by law from providing educational services
to children enrolled in nonprofit private elementary or secondary
schools, or if the Secretary determines that an SEA or eligible LEA is
unwilling or has substantially failed to provide educational services on
an equitable basis to eligible children enrolled in nonprofit private
schools, the Secretary may --
(a) Arrange for other means of providing services to these children;
and
(b) Deduct the cost of providing these services, including any
administrative costs, from the appropriate SEA grant allocation.
(Authority: 8 U.S.C. 1522(a), (d))
34 CFR 538.52 PART 548 -- BILINGUAL EDUCATION: STATE EDUCATIONAL AGENCY PROGRAM
34 CFR 538.52 Subpart A -- General
Sec.
548.1 State Educational Agency Program.
548.2 Who is eligible to apply for assistance under the State
Educational Agency Program?
548.3 What regulations apply to the State Educational Agency Program?
548.4 What definitions apply to the State Educational Agency Program?
34 CFR 538.52 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
548.10 What activities are required under this program?
548.11 What additional activities may a State educational agency
(SEA) provide under this program?
34 CFR 538.52 Subpart C -- How Does an SEA Apply for an Award?
548.20 What must an SEA include in its application?
34 CFR 538.52 Subpart D -- How Does the Secretary Make an Award?
548.30 How are funds distributed to an SEA?
548.31 How does the Secretary evaluate an application?
548.32 What selection criteria does the Secretary use?
34 CFR 538.52 Subpart E -- What Conditions Must Be Met by a Recipient?
548.40 What requirements apply to an SEA?
Authority: 20 U.S.C. 3281-3341, unless otherwise noted.
Source: 54 FR 19489, May 5, 1989, unless otherwise noted.
34 CFR 538.52 Subpart A -- General
34 CFR 548.1 State Educational Agency Program.
The State Educational Agency Program provides financial assistance to
State educational agencies (SEAs) to --
(a) Collect, aggregate, analyze, and publish data and information on
the limited English proficient persons in their States and the
educational services provided or available to those persons; and
(b) Carry out activities designed to improve the effectiveness of
programs of bilingual education in their States, such as those assisted
under Title VII.
(Authority: 20 U.S.C. 3302)
34 CFR 548.2 Who is eligible to apply for assistance under the State
Educational Agency Program?
An SEA is eligible to apply for assistance under this program.
(Authority: 20 U.S.C. 3302)
34 CFR 548.3 What regulations apply to the State Educational Agency
Program?
The following regulations apply to the State Educational Agency
Program:
(a) The regulations identified in 34 CFR 500.3.
(b) The regulations in this Part 548.
(Authority: 20 U.S.C. 3302)
34 CFR 548.4 What definitions apply to the State Educational Agency
Program?
The definitions in 34 CFR 500.4 apply to the State Educational Agency
Program.
(Authority: 20 U.S.C. 3302)
34 CFR 548.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under This Program?
34 CFR 548.10 What activities are required under this program?
(a) An SEA that receives a grant under this program shall collect,
aggregate, analyze, and publish data and information on the limited
English proficient persons in the State and the educational services
provided or available to those persons.
(b) The SEA shall report the data and information required to be
collected under this section to the Secretary.
(c) The data and information collected under this section must
include Statewide data and information described in section 7021(c)(2)
(A)-(E) of the Act, and statewide data and information on educational
services provided or available to LEP persons as required by section
7032(a) of the Act.
(d) An SEA shall submit to the Secretary the data and information
required in paragraph (c) of this section, on or before the date
established by the Secretary in the Federal Register.
(e) An SEA shall make the data and information reported to the
Secretary available for publication and dissemination to the public,
particularly to persons of limited English proficiency in the State.
(Approved by the Office of Management and Budget under control number
1885-0509)
(Authority: 20 U.S.C. 3302)
34 CFR 548.11 What additional activities may a State educational agency
(SEA) provide under this program?
(a) An SEA may propose any of the following additional activities:
(1) Planning and developing educational programs such as those
assisted under Title VII.
(2) Reviewing and evaluating programs of bilingual education,
including bilingual education programs that are not funded under Title
VII.
(3) Providing, coordinating, or supervising technical and other forms
of non-financial assistance to local educational agencies (LEAs),
community organizations, and private elementary and secondary schools
that serve limited English proficient persons.
(4) Developing and administering instruments and procedures for the
assessment of the educational needs and competencies of limited English
proficient persons.
(5) Training SEA and LEA staff to carry out the purposes of programs
assisted under Title VII.
(6) Other activities and services designed to build the capacity of
SEAs and LEAs to meet the educational needs of limited English
proficient persons.
(b) An SEA shall indicate its priorities for funding.
(Authority: 20 U.S.C. 3302)
34 CFR 548.11 Subpart C -- How Does an SEA Apply for an Award?
34 CFR 548.20 What must an SEA include in its application?
An SEA shall assure the Secretary in its application that it will
work cooperatively with and coordinate efforts with the Multifunctional
Resource Centers, the Bilingual Evaluation Assistance Centers, the
National Clearinghouse for Bilingual Education, and other LEA technical
assistance service providers in the State.
(Authority: 20 U.S.C. 3302)
34 CFR 548.20 Subpart D -- How Does the Secretary Make an Award?
34 CFR 548.30 How are funds distributed to an SEA?
(a) The Secretary may award to an SEA funds necessary for the proper
and efficient conduct of a project under this program.
(b) The amount paid to an SEA for any fiscal year may not be less
than $75,000 nor greater than 5 percent of the total amount paid to LEAs
within the State under Part A of Title VII during the fiscal year
preceding the year for which assistance is sought.
(c) In determining the amount of an award to an SEA the Secretary
considers --
(1) The reasonableness of an SEA's proposed budget to carry out the
activities required under 548.10;
(2) The need for any of the additional activities proposed under
548.11; and
(3) The total funds available for awards to SEAs under this program.
(Authority: 20 U.S.C. 3302)
34 CFR 548.31 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria listed in 548.32 in deciding whether to approve a program
under section 7032.
(b) The Secretary awards a maximum of 100 points to evaluate the
activities under 548.10 and the additional activities an SEA may
propose under 548.11.
(c) The maximum possible score for each complete criterion is
indicated in parentheses after the heading for each criterion.
(d) The Secretary awards a grant to each SEA that --
(1) Meets the applicable requirements in section 7032 and in this
part; and
(2) Submits an application that achieves a score of at least 50
points under the selection criteria.
(e) The Secretary permits an SEA to modify and resubmit an
application that has been disapproved under paragraph (d)(2) of this
section.
(Authority: 20 U.S.C. 3302)
34 CFR 548.32 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria in evaluating
each application:
(a) Plan of operation (25 points). (1) The Secretary reviews each
application to determine the quality of the plan of operation for the
project.
(2) The Secretary looks for --
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and
efficient administration of the project;
(iii) A clear description of how the objectives of the project relate
to the purposes of the program;
(iv) The way the applicant plans to use its resources and personnel
to achieve each objective;
(v) A clear description of how the applicant will provide equal
access and treatment for eligible project participants who are members
of groups that have been traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly;
(vi) The methods the SEA proposes to use to provide services; and
(vii) The SEA's plans to work cooperatively with and coordinate
activities with other providers of technical assistance to avoid
duplication of services to the LEAs in the State.
(b) Capacity building (25 points). The Secretary reviews each
application for --
(1) A clear and concise plan for developing resources, including
activities such as the training of SEA personnel, that will increase the
capacity of the State to --
(i) Collect and analyze data necessary to identify and promote
effective educational programs and practices for limited English
proficient students; and
(ii) Carry out other activities assisted under this part, and
(2) The commitment of the State to incorporate and build the proposed
activities into the State's overall ongoing programs designed to improve
services to LEAs in the State.
(c) Quality of key personnel (25 points). (1) The Secretary reviews
each application to determine the qualifications of the key personnel
the applicant plans to use on the project.
(2) The Secretary considers --
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) Participation of trained personnel in fields related to the
objectives of the project;
(iv) The time that each person referred to in paragraphs (c)(2) (i)
and (ii) of this section will commit to the project; and
(v) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the activities of the
project, as well as other evidence that the applicant provides.
(d) Cost effectiveness (10 points). The Secretary reviews each
application to determine the extent to which the project has an adequate
budget and is cost effective for the proposed activities under section
7032.
(e) Evaluation plan (10 points). (1) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project.
Cross-Reference: See 34 CFR 75.590 Evaluation by the grantee.
(2) The Secretary considers --
(i) The method used to determine effectiveness of activities included
in the SEA plan;
(ii) How the applicant determines the effect of the activities on LEA
operations; and
(iii) Methods used to improve delivery of services to LEAs.
(f) Adequacy of resources (5 points). (1) The Secretary reviews each
application to determine the extent to which the applicant plans to
devote adequate resources to the project.
(2) The Secretary considers the extent to which --
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are
adequate.
(Authority: 20 U.S.C. 3302)
34 CFR 548.32 Subpart E -- What Conditions Must Be Met by a Recipient?
34 CFR 548.40 What requirements apply to an SEA?
An SEA shall use funds made available under this program to
supplement and, to the extent practical, increase the level of funds
that, in the absence of the grant, would have been made available by the
State for activities required and authorized under this program. In no
case may the funds made available under this program be used to supplant
funds already being provided, or funds that would have been provided by
the State for these activities.
(Authority: 20 U.S.C. 3302)
34 CFR 548.40 Pt. 561
34 CFR 548.40 PART 561 -- BILINGUAL EDUCATION: EDUCATIONAL PERSONNEL TRAINING PROGRAM
34 CFR 548.40 Subpart A -- General
Sec.
561.1 Educational Personnel Training Program.
561.2 Who is eligible to apply for assistance under the Educational
Personnel Training Program?
561.3 What regulations apply to the Educational Personnel Training
Program?
561.4 What definitions apply to the Educational Personnel Training
Program?
34 CFR 548.40 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
561.10 What activities are eligible for assistance?
34 CFR 548.40 Subpart C -- How Does One Apply for an Award?
561.20 What requirements pertain to the application advisory council
and advisory committee?
34 CFR 548.40 Subpart D -- How Does the Secretary Make an Award?
561.30 How does the Secretary evaluate an application?
561.31 What selection criteria does the Secretary use?
561.32 What additional factors does the Secretary consider?
34 CFR 548.40 Subpart E -- What Conditions Must be Met by a Recipient?
561.40 What additional requirement apply?
561.41 What financial assistance to participants is allowable under
this program?
Authority: 20 U.S.C. 3281-3341, unless otherwise noted).
Source: 51 FR 22434, June 19, 1986, unless otherwise noted.
34 CFR 548.40 Subpart A -- General
34 CFR 561.1 Educational Personnel Training Program.
The Educational Personnel Training Program provides financial
assistance to meet the needs for additional or better trained
educational personnel (as defined in 34 CFR 500.4), for programs for
limited English proficient persons. These projects may provide training
for parents and educational personnel and must emphasize opportunities
for career development, advancement, and lateral mobility.
(Authority: 20 U.S.C. 3321(a)(1))
34 CFR 561.2 Who is eligible to apply for assistance under the
Educational Personnel Training Program?
Institutions of higher education are eligible to apply for assistance
under the Educational Personnel Training Program.
(Authority: 20 U.S.C. 3321(a)(1))
34 CFR 561.3 What regulations apply to the Educational Personnel
Training Program?
The following regulations apply to the Educational Personnel Training
Program:
(a) The regulations identified in 34 CFR 500.3.
(b) The regulations in this Part 561, except as provided in paragraph
(c) of this section.
(c) The regulations in this Part 561 do not apply to second- and
third-year noncompeting continuation grants in FY 1989 and third-year
noncompeting continuation grants in FY 1990. The regulations applicable
to these noncompeting continuation grants are the regulations applicable
in FY 1988.
(Authority: 20 U.S.C. 3321(a)(1))
(51 FR 22434, June 19, 1986, as amended at 53 FR 39222, Oct. 5, 1988)
34 CFR 561.4 What definitions apply to the Educational Personnel
Training Program?
The following definitions apply to the Educational Personnel Training
Program:
(a) The definitions in 34 CFR 500.4.
(b) ''Preservice training'' means training for educational personnel
preparing to participate in programs for limited English proficient
persons.
(Authority: 20 U.S.C. 3321(a)(1))
34 CFR 561.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under This Program?
34 CFR 561.10 What activities are eligible for assistance?
The Secretary provides assistance under this program for projects
that provide training necessary to prepare educational personnel and
parents to meet the ongoing needs of the limited English proficient
(LEP) children that they will be serving. Assistance may be provided to
degree and non-degree programs designed to assist educational personnel
in meeting State and local certification requirements.
(Authority: 20 U.S.C. 3321(a)(1))
(51 FR 22434, June 19, 1986, as amended at 53 FR 39222, Oct. 5, 1988)
34 CFR 561.10 Subpart C -- How Does One Apply for an Award?
34 CFR 561.20 What requirements pertain to the application advisory
council and advisory committee?
An applicant for an award under this program shall develop its
application in consultation with an advisory council composed of
representatives of SEAs and LEAs within the applicant's service area or
geographic region that operate programs for limited English proficient
persons.
(Authority: 20 U.S.C. 3321(c))
(53 FR 39223, Oct. 5, 1988)
34 CFR 561.20 Subpart D -- How Does the Secretary Make an Award?
34 CFR 561.30 How does the Secretary evaluate an application?
(a)(1) The Secretary evaluates an application on the basis of the
criteria listed in 561.31.
(2) The Secretary awards a maximum of 100 points for all the
criteria.
(3) The maximum possible score for each complete criterion is
indicated in parentheses following the heading for the criterion.
(b) The Secretary then applies the additional factors in 561.32.
(Authority: 20 U.S.C. 3321(a)(1))
34 CFR 561.31 What selection criteria does the Secretary use?
The Secretary uses the following criteria in evaluating each
application:
(a) Need and impact. (27 points) The Secretary reviews each
application to determine --
(1) The extent to which the applicant has specifically identified
needs to be addressed by the project for additional or better trained
educational personnel to serve LEP students in the community,
geographical region, or Nation; and
(2) The extent to which the methods used by the applicant to identify
those needs are reliable and objective.
(b) Program objectives and design. (25 points) (1) The Secretary
reviews each application to determine the appropriateness and
reasonableness of the applicant's proposal for meeting the needs
identified in its application, including --
(i) The extent to which those needs will be met by the project;
(ii) How rapidly those needs will be met by the project;
(iii) The appropriateness of the curriculum for meeting those needs;
and
(iv) The extent and quality of practice teaching or other clinical
experience --
(A) In the geographic area(s) where those needs have been identified;
and
(B) In the substantive subject(s) for which the project will train
personnel.
(2) The Secretary considers the extent to which a project designed to
include preservice training contains coursework in --
(i) Teaching English as a second language;
(ii) Use of a non-English language for instructional purposes;
(iii) Linguistics;
(iv) Evaluation and assessment; and
(v) Involvement of parents in the educational process.
(3) The Secretary considers how well the specific project objectives
will realize the goals of the Act. The Secretary considers the extent
to which --
(i) The training objectives are --
(A) Clear and specific;
(B) Measurable; and
(C) Attainable within the proposed timeframe;
(ii) The training design is appropriate for the proposed objectives
and participants;
(iii) The project will prepare teachers to teach English to LEP
students;
(iv) The applicant proposes to use its resources and personnel to
achieve each objective; and
(v) The project will provide opportunities for career development,
advancement, and lateral mobility for participants in order to meet the
changing needs of the LEP population to be served.
(Authority: 20 U.S.C. 3254(a), 3251(d))
(c) Coordination. (10 points) (1) The Secretary reviews each
application to determine the applicant's plans to coordinate project
activities with related projects, including other activities funded
under the Act.
(2) The Secretary considers the extent to which the applicant will
coordinate the project with --
(i) Other related degree and non-degree programs and course of study
at the IHE; and
(ii) SEAs, LEAs, and IHEs in --
(A) The geographic area(s) in which there is a need for personnel;
and
(B) The substantive subject(s) for which the project will train
personnel.
(3) The Secretary also considers whether the project will complement
and not duplicate other activities funded under the Act.
(d) Commitment and capacity. (10 points) The Secretary reviews each
application to determine the applicant's commitment to the project and
capacity to continue, expand, and build upon the project when Federal
assistance under this part ends.
(e) Quality of key personnel. (15 points) (1) The Secretary reviews
each application to determine the quality of the key personnel the
applicant plans to use on the project, including --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (e)(1) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(2) To determine qualifications under paragraph (e)(1) of this
section, the Secretary considers --
(i) Experience and training in fields related to the objectives of
the project; and
(ii) Any other qualifications that pertain to the quality of the
project.
(f) Budget and cost effectiveness. (8 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget for the project is adequate to support the project
activities;
(2) Costs are reasonable in relation to the objectives of the
project; and
(3) There is an effective plan of management that ensures proper and
efficient administration of the project including evidence that
administrative costs are a minimum proportion of the project's total
costs.
(g) Evaluation plan. (5 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Are appropriate to the project; and
(2) To the extent possible, are objective and produce data that are
quantifiable, including --
(i) Data on numbers of participants;
(ii) Data on placement of participants;
(iii) Evidence of participants' success in serving LEP children in
accordance with the needs identified in the application; and
(iv) Evidence that the project has developed the grantee's capacity
as described in paragraph (d) of this section.
Cross-Reference: See 34 CFR 75.590 Evaluation by the grantee.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3321(a)(1), (d))
34 CFR 561.32 What additional factors does the Secretary consider?
(a) In addition to the points awarded under 561.31, the Secretary
considers the following factors which demonstrate the applicant's
competence and experience in programs and activities such as those
authorized under the Act:
(1) Job placement and development.
(2) Evidence of prior participant's success in serving LEP children
in accordance with the needs identified in the prior project.
(3) Evidence of demonstrated capacity and cost effectiveness as
described in 561.31(d) and (f).
(b) The Secretary distributes an additional 10 points among the
factors listed in paragraph (a) of this section. The Secretary
indicates in the application notice published in the Federal Register
how these 10 points are distributed.
(Authority: 20 U.S.C. 3324)
34 CFR 561.32 Subpart E -- What Conditions Must Be Met by a Recipient?
34 CFR 561.40 What additional requirements apply?
(a) Programs must be designed to assist educational personnel in
meeting State and local certification requirements, and, whenever
possible, should award college or university credit.
(b) Programs that include preservice training must be designed to
ensure that participants become proficient in English and a second
language of instruction.
(Authority: 20 U.S.C. 3321(d))
(51 FR 22434, June 19, 1986, as amended at 53 FR 39223, Oct. 5, 1988)
34 CFR 561.41 What financial assistance to participants is allowable
under this program?
(a) The Secretary may authorize a grantee to provide the following
financial assistance to participants:
(1) Tuition and fees -- the normal and usual costs associated with
the course of study.
(2) Books -- up to $250.
(3) Travel -- up to $250 for travel related to practice teaching or
clinical experience.
(4) Up to a maximum stipend of $325 per month, including allowances
for subsistence and other expenses for a participant and his or her
dependents, if the participant is --
(i) A full-time student in a program of study that was in the
approved application; and
(ii) Gainfully employed no more than 20 hours a week or the annual
equivalent of 1040 hours.
(b) In authorizing assistance to participants under paragraph (a) of
this section, the Secretary considers the amount of other financial
compensation that the participants receive during the training period.
(Authority: 20 U.S.C. 3325)
34 CFR 561.41 Pt. 562
34 CFR 561.41 PART 562 -- BILINGUAL EDUCATION: FELLOWSHIP PROGRAM
34 CFR 561.41 Subpart A -- General
Sec.
562.1 Fellowship Program.
562.2 Who is eligible to apply for assistance under the Fellowship
Program?
562.3 What regulations apply to the Fellowship Program?
562.4 What definitions apply to the Fellowship Program?
562.5 What does a fellowship award include?
34 CFR 561.41 Subpart B -- How Does an Institution of Higher Education
(IHE) Obtain Approval of Its Application for Participation?
562.10 How does the Secretary approve IHEs for participation?
562.11 What criteria does the Secretary use in reviewing applications
for participation?
34 CFR 561.41 Subpart C -- How Does an Individual Apply for a
Fellowship?
562.20 Where does an individual apply?
34 CFR 561.41 Subpart D -- How does the Secretary Select New Fellows?
562.30 How does the Secretary select new Fellows?
562.31 What is the period of a fellowship?
34 CFR 561.41 Subpart E -- What Conditions Must be Met by Fellows?
562.40 What is the service requirement for a fellowship?
562.41 What are the requirements for repayment of the fellowship?
562.42 What is the repayment schedule?
562.43 What interest is charged?
562.44 Under what circumstances is repayment deferred?
562.45 What is the length of the deferment of repayment?
562.46 Under what circumstances is repayment waived?
562.47 How shall the recipient account for his or her obligation?
Authority: 20 U.S.C. 3281-3341, unless otherwise noted.
Source: 53 FR 21401, June 7, 1988, unless otherwise noted.
34 CFR 561.41 Subpart A -- General
34 CFR 562.1 Fellowship Program.
The Fellowship Program provides financial assistance to full-time
students who are in pursuit of a degree above the bachelor's level in
areas related to programs for limited English proficient persons (as
defined in 34 CFR 500.3) such as teacher training, program
administration, research and evaluation, and curriculum development.
(Authority: 20 U.S.C. 3321, 3323)
34 CFR 562.2 Who is eligible to apply for assistance under the
Fellowship Program?
(a) An institution of higher education (IHE) that offers a program of
study leading to a degree above the bachelor's level as described in
562.1 may apply for participation in the Fellowship Program.
(b) An individual is eligible to apply for a fellowship under this
program if the individual --
(1)(i) Is a citizen, a national, or a permanent resident of the
United States;
(ii) Is in the United States for other than a temporary purpose and
can provide evidence from the Immigration and Naturalization Service of
his or her intent to become a permanent resident; or
(iii) Is a permanent resident of the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands,
or the Trust Territories of the Pacific Islands (Republic of Palau);
and
(2) Has been accepted for enrollment as a full-time student in a
course of study offered by an IHE approved for participation in the
program.
(Authority: 20 U.S.C. 3323)
(53 FR 21401, June 7, 1988; 53 FR 24937, July 1, 1988)
34 CFR 562.3 What regulations apply to the Fellowship Program?
The following regulations apply to the Fellowship Program:
(a) The regulations identified in 34 CFR 500.3.
(b) The regulations in this Part 562.
(Authority: 20 U.S.C. 3323)
34 CFR 562.4 What definitions apply to the Fellowship Program?
The definitions in 34 CFR 500.4 apply to awards made subsequent to
Fiscal Year 1985.
(Authority: 20 U.S.C. 3281-3341)
34 CFR 562.5 What does a fellowship award include?
(a) Allowable costs. A student may use Fellowship funds under the
program for --
(1) Tuition and fees -- the normal and usual costs associated with
the course of study;
(2) Books -- up to $250;
(3) Travel -- up to $250 for travel to field-study site; and
(4) A stipend, subject to the restrictions in paragraph (b) of this
section.
(b) Stipends. (1) An individual may receive a Fellowship stipend if
he or she is --
(i) A full-time student in a program of study which was approved by
the Secretary in accordance with 562.10; and
(ii) Not gainfully employed more than 20 hours a week or the annual
equivalent.
(2) A stipend for an individual participating in the Fellowship
Program may not exceed $450 per month.
(Authority: 20 U.S.C. 3325)
34 CFR 562.5 Subpart B -- How Does an Institution of Higher Education (IHE) Obtain Approval of Its Application for Participation?
34 CFR 562.10 How does the Secretary approve IHEs for participation?
(a)(1) The Secretary determines whether to approve an IHE for
participation with regard to each proposed language curriculum based on
the quality of the application using the criteria listed in 562.11.
(2) The Secretary awards up to a maximum of 100 points for all the
criteria.
(3) The maximum possible score for each criterion is indicated in
parentheses following the heading for each criterion.
(b) After the IHE's application has been evaluated according to the
selection criteria, the Secretary rank orders the application.
(c) Following the rank order, the Secretary then designates the
maximum number of fellowships by language curriculum that may be awarded
at each IHE --
(1) Based on the IHE's capacity to provide graduate training in the
areas proposed for fellowship recipients; and
(2) To the extent feasible, in proportion to the needs of various
groups of individuals with limited English proficiency within the
geographic area.
(Approved by the Office of Management and Budget under control number
1885-0001)
(Authority: 20 U.S.C. 3323, 3324)
34 CFR 562.11 What criteria does the Secretary use in reviewing
applications for participation?
(a) Institutional commitment. (25 points)
(1) The Secretary reviews each application to determine the quality
of the IHE's graduate program of study.
(2) The Secretary considers --
(i) The extent to which the program has been adopted as a permanent
graduate program of study;
(ii) The organizational placement of the program;
(iii) The staff and resources which the IHE has committed to the
program; and
(iv) The IHE's demonstrated competence and experience in programs and
activities such as those authorized under the Act.
(b) Quality of faculty members. (20 points)
(1) The Secretary reviews each application to determine the
qualifications of the faculty in the academic area.
(2) The Secretary considers the extent to which the background,
education, research interests, and relevant experience of the faculty
qualify them to plan and implement a successful program of high academic
quality.
(c) Quality of the instructional program. (20 points)
(1) The Secretary considers the quality of the applicant's program of
instruction.
(2) The Secretary considers --
(i) In the case of projects designed to prepare educational personnel
for programs for limited English proficient persons that use English and
a language other than English, the project incorporates the use of both
English and a language other than English, to the extent necessary to
develop the participants' competencies as bilingual education personnel;
(ii) The quality of the standards used to determine satisfactory
progress in and completion of the program; and
(iii) The interdisciplinary aspects of the program.
(d) Field based experience. (15 points)
The Secretary reviews each application to determine the extent to
which the program provides field based experience through arrangements
with local educational agencies (LEAs), State educational agencies
(SEAs) and persons or organizations with expertise in programs for
limited English proficient persons.
(e) Evidence of local or national need. (10 points)
The Secretary reviews each application to determine the need for more
individuals trained above the bachelor's level in proportion to the
needs of various groups of individuals with limited English proficiency
in the local area, and throughout the country.
(f) Recruitment plan. (10 points)
The Secretary considers the IHE's plans for recruiting and selecting
nominees using the criteria listed in 562.30 (b) and (c).
(Approved by the Office of Management and Budget under control number
1885-0001)
(Authority: 20 U.S.C. 3323)
34 CFR 562.11 Subpart C -- How Does An Individual Apply for a Fellowship?
34 CFR 562.20 Where does an individual apply?
(a) An individual shall submit an application for a fellowship to a
participating IHE.
(b) Each participating IHE may establish procedures for receipt of
applications from individuals.
(Authority 20 U.S.C. 3323)
34 CFR 562.20 Subpart D -- How Does the Secretary Select New Fellows?
34 CFR 562.30 How does the Secretary select new Fellows?
(a) The Secretary selects Fellows taking into consideration the rank
orders prepared by the IHE, subject to the maximum number of fellowships
per language curriculum designated for that IHE.
(b) The Secretary gives preference to individuals intending to study
programs for limited English proficient persons in the following
specialized areas:
(1) Vocational education.
(2) Adult education.
(3) Gifted and talented education.
(4) Special education.
(5) Education technology.
(6) Literacy.
(7) Mathematics and science education.
(c) In recommending nominees, an IHE shall consider the following
criteria:
(1) Academic record. The quality of the academic record of the
applicant.
(2) Language proficiency. The applicant's proficiency in English
and, if applicable, the language(s) to be studied.
(3) Experience. The extent of the applicant's experience in
providing services to, teaching in, or administering programs for
limited English proficient persons.
(Approved by the Office of Management and Budget under control number
1885-0001)
(Authority: 20 U.S.C. 3323)
34 CFR 562.31 What is the period of a fellowship?
(a) Except as provided in paragraph (b) of this section --
(1) Fellowships may be awarded for a maximum of two one-year periods
to a student who maintains satisfactory progress in a post-baccalaureate
program of study; and
(2) Fellowships may be awarded for a maximum of three one-year
periods to a student who maintains satisfactory progress in a doctoral
program of study.
(b) Subject to the availability of funds and where adequate
justification is provided by an IHE, the Secretary may extend a
fellowship beyond the maximum period to a recipient who, for
circumstances beyond his or her control, is not able to complete the
program of study in that period.
(c) A recipient of a fellowship who seeks assistance beyond the
initial one-year period must be renominated by the participating IHE.
(d) The Secretary may give preference to recipients in their second
or third year who maintain satisfactory progress in the program of study
prior to approving nominations of new students.
(Authority: 20 U.S.C. 3323)
34 CFR 562.31 Subpart E -- What Conditions Must Be Met by Fellows?
34 CFR 562.40 What is the service requirement for a fellowship?
(a) Upon selection for a fellowship, the recipient shall sign an
agreement provided by the Secretary to work for a period equivalent to
the period of time that the recipient receives assistance under the
fellowship in one or more of the following activities:
(1) Training personnel to develop and conduct programs for limited
English proficient persons or teacher training programs at IHEs.
(2) Conducting research related to programs for limited English
proficient persons.
(3) Administering programs for limited English proficient persons.
(4) Conducting evaluations of programs for limited English proficient
persons.
(5) Developing curriculum materials designed for programs for limited
English proficient persons.
(6) Working in any other activity, approved in advance by the
Secretary, in accordance with the procedures in 562.47, which is
related to programs and activities such as those authorized under the
Act.
(b) A recipient shall begin working in one or more of the activities
listed in paragraphs (a) (1) through (6) of this section within six
months of the date the recipient ceases to be enrolled at an IHE as a
full-time student.
(Authority: 20 U.S.C. 3323(b))
34 CFR 562.41 What are the requirements for repayment of the
fellowship?
(a) If a recipient does not work in one of the activities described
in 562.40(a) (1) through (6), he or she shall repay the full amount of
the fellowship.
(b) The Secretary prorates the amount a recipient is required to
repay based on the length of time the recipient worked in an authorized
activity compared with the length of time during which he or she
received assistance.
(Authority: 20 U.S.C. 3323(b))
34 CFR 562.42 What is the repayment schedule?
(a) A recipient required to repay all or part of the amount of the
fellowship shall --
(1) Begin repayments within six months of the date he or she ceases
to be enrolled as a full-time student at an IHE in the Fellowship
Program; or
(2) Begin repayments on a date and in a manner established by the
Secretary, if he or she ceases to work in an authorized activity, of the
prorated amount of his or her obligation.
(b) A recipient must repay the required amount, including interest,
in a lump sum or installment payments approved by the Secretary. This
period may be extended if the Secretary grants a deferment under
562.44.
(Authority: 20 U.S.C. 3323(b))
34 CFR 562.43 What interest is charged?
(a) The Secretary charges a recipient interest on the unpaid balance
owed by the recipient in accordance with 31 U.S.C. 3717.
(b) No interest is charged for the period of time --
(1) That precedes the date on which the recipient is required to
commence repayment; or
(2) During which repayment has been deferred under 562.44.
(Authority: 20 U.S.C. 3323(b))
34 CFR 562.44 Under what circumstances is repayment deferred?
The Secretary may defer repayment if the recipient --
(a) Suffers from a serious physical or mental disability that
prevents or substantially impairs the recipient's employability in one
of the activities described in 562.40(a)(1) through (6);
(b) Demonstrates to the Secretary's satisfaction that he or she is
conscientiously seeking but unable to secure employment in one of the
activities described in 562.40(a)(1) through (6);
(c) Re-enrolls as a full-time student at an IHE;
(d) Is a member of the Armed Forces of the United States on active
duty;
(e) Is in service as a volunteer under the Peace Corps Act; or
(f) Demonstrates to the Secretary's satisfaction the existence of
extraordinary circumstances that prevents him or her from making a
scheduled payment.
(Authority: 20 U.S.C. 3323(b))
34 CFR 562.45 What is the length of the deferment of repayment?
(a) Unless the Secretary determines otherwise, a recipient shall
renew a deferment on a yearly basis.
(b) Deferments for military or Peace Corps service may not exceed
three years.
(Authority: 20 U.S.C. 3323(b))
34 CFR 562.46 Under what circumstances is repayment waived?
The Secretary may waive repayment if the recipient demonstrates the
existence of extraordinary circumstances that justify a waiver.
(Authority: 20 U.S.C. 3323(b))
34 CFR 562.47 How shall the recipient account for his or her
obligation?
(a) Within six months of the date a recipient ceases to be enrolled
as a full-time student at an IHE, the recipient shall submit to the
Secretary one of the following items:
(1) A description of the employment in an activity listed in
562.40(a)(1) through (6) in which he or she is employed.
(2) Repayment required under 562.41 and 562.42.
(3) A request to repay the obligation in installments.
(4) A request for a deferment or waiver as described in 562.44
through 562.46 accompanied by a statement of justification.
(b) A recipient who submits a description of employment under
paragraph (a)(1) of this section shall notify the Secretary on a yearly
basis of the period of time during the preceding year that he or she was
employed in the activity.
(c) A recipient shall inform the Secretary of any change in his or
her employment status.
(d) A recipient shall inform the Secretary of any change in his or
her address.
(e) A recipient's failure to timely satisfy the requirements in
paragraphs (b) and (d) of this section shall result in the recipient
being in non-compliance or default status subject to collection action.
Interest and costs of collection may be collected in accordance with 31
U.S.C. 3717 and 34 CFR Part 30.
(Approved by the Office of Management and Budget under control number
1885-0001)
(Authority: 20 U.S.C. 3323(b))
34 CFR 562.47 PART 573 -- BILINGUAL EDUCATION: TRAINING DEVELOPMENT AND IMPROVEMENT PROGRAM
34 CFR 562.47 Subpart A -- General
Sec.
573.1 Training Development and Improvement Program.
573.2 Who is eligible to apply for assistance under the Training
Development and Improvement Program?
573.3 What regulations apply to the Training Development and
Improvement Program?
573.4 What definitions apply to the Training Development and
Improvement Program?
34 CFR 562.47 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
573.10 What activities are eligible for assistance?
34 CFR 562.47 Subpart C -- (Reserved)
34 CFR 562.47 Subpart D -- How Does the Secretary Make an Award?
573.30 How does the Secretary evaluate an application?
573.31 What selection criteria does the Secretary use?
34 CFR 562.47 Subpart E -- (Reserved)
Authority: 20 U.S.C. 3281-3341, unless otherwise noted)
Source: 51 FR 22436, June 19, 1986, unless otherwise noted.
34 CFR 562.47 Subpart A -- General
34 CFR 573.1 Training Development and Improvement Program.
The Training Development and Improvement Program provides financial
assistance to encourage reform, innovation, and improvement in higher
education programs related to programs for limited English proficient
persons.
(Authority: 20 U.S.C. 3321(a)(3))
34 CFR 573.2 Who is eligible to apply for assistance under the Training
Development and Improvement Program?
Institutions of higher education (IHEs) are eligible to apply for
assistance under the Training Development and Improvement Program.
(Authority: 20 U.S.C. 3321(b)(1))
34 CFR 573.3 What regulations apply to the Training Development and
Improvement Program?
The following regulations apply to the Training Development and
Improvement Program:
(a) The regulations identified in 34 CFR 500.3.
(b) The regulations in this Part 573, except as provided in paragraph
(c) of this section.
(c) The regulations in this Part 573 do not apply to second- and
third-year noncompeting continuation grants in fiscal year (FY) 1989 and
third-year noncompeting continuation grants in FY 1990. The regulations
applicable to these noncompeting continuation grants are the regulations
applicable in FY 1988.
(Authority: 20 U.S.C. 3321(a) (3))
(51 FR 22436, June 19, 1986, as amended at 53 FR 39223, Oct. 5, 1988)
34 CFR 573.4 What definitions apply to the Training Development and
Improvement Program?
The definitions in 34 CFR 500.4 apply to the Training Development and
Improvement Program.
(Authority: 20 U.S.C. 3321(a)(3))
34 CFR 573.4 Subpart B -- What Kinds of Projects Does the Secretary Assist Under This Program?
34 CFR 573.10 What activities are eligible for assistance?
The Secretary provides assistance for activities related to programs
for limited English proficient persons which encourage reform,
innovation, and improvement in --
(a) Applicable education curricula in graduate education;
(b) The structure of the academic profession; and
(c) The recruitment and retention of higher education and graduate
school facilities.
(Authority: 20 U.S.C. 3321(a)(3))
34 CFR 573.10 Subpart C -- (Reserved)
34 CFR 573.10 Subpart D -- How Does the Secretary Make an Award?
34 CFR 573.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria listed in 573.31.
(b) The Secretary awards a maximum of 100 points for all the
criteria.
(c) The maximum possible score for each complete criterion is
indicated in parentheses following the heading for the criterion.
(Authority: 20 U.S.C. 3321(a)(3))
34 CFR 573.31 What selection criteria does the Secretary use?
The Secretary uses the following criteria in evaluating each
application:
(a) Need and impact. (30 Points) (1) The Secretary reviews each
application to determine --
(i) The extent to which there are specifically identified needs for
the project; and
(ii) The extent to which the methods used by the applicant to
identify those needs are reliable and objective.
(2) The Secretary also considers the extent to which --
(i) The project's objectives will assist in achieving the goals of
the Act; and
(ii) The applicant proposes to use its resources and personnel to
achieve each objective.
(b) Program development and improvement. (30 points) The Secretary
reviews each application to determine the appropriateness and
reasonableness of the applicant's proposal for meeting the needs
identified in the application including --
(1) The extent to which those needs will be met by the project;
(2) How rapidly those needs will be met;
(3) The courses, curriculum, or any applicable clinical training to
be developed or revised; and
(4) The applicant's plan to recruit and retain qualified faculty
members for the training program to be improved or reformed.
(c) Coordination. (10 points) (1) The Secretary reviews each
application to determine the extent to which the applicant plans to
coordinate project activities with related projects, including projects
funded under the Act.
(2) The Secretary considers how the applicant will coordinate the
project with --
(i) Other related programs and disciplines at the IHE; and
(ii) SEAs, LEAs, and IHEs in --
(A) The geographic area(s) in which there is a need for personnel;
and
(B) The substantive subject(s) for which the project will train
personnel.
(3) The Secretary also considers the extent to which the project will
complement and not duplicate other activities funded under the Act.
(d) Commitment and capacity. (10 points) The Secretary reviews each
application to determine --
(1) The applicant's commitment and capacity to continue, expand, and
build upon the project when Federal assistance under this part ends;
and
(2) The extent to which the applicant demonstrates competence and
experience in programs and activities such as those authorized under the
Act, particularly in training activities directly related to the
objectives of the project.
(e) Quality of key personnel. (7 points) (1) The Secretary reviews
each application to determine the quality of the key personnel the
applicant plans to use on the project, including --
(i) The qualifications of the project director (if one is to be
used);
(ii) The qualifications of each of the other key personnel to be used
in the project;
(iii) The time that each person referred to in paragraphs (e)(1) (i)
and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as --
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Handicapped persons; and
(D) The elderly.
(2) To determine personnel qualifications under paragraph (e)(1) of
this section, the Secretary considers --
(i) Experience and training, in fields related to the objectives of
the project; and
(ii) Any other qualifications that pertain to the quality of the
project.
(f) Budget and cost effectiveness. (8 points) The Secretary reviews
each application to determine the extent to which --
(1) The budget for the project is adequate to support the project
activities;
(2) Costs are reasonable in relation to the objectives of the
project; and
(3) There is an effective plan of management that ensures proper and
efficient administration of the project, including evidence that
administrative costs constitute a minimum proportion of the total costs
of the project.
(g) Evaluation plan. (5 points) The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation --
(1) Are appropriate to the project; and
(2) To the extent possible, are objective and produce data that are
quantifiable.
Cross-Reference: See 34 CFR 75.590 Evaluation by the grantee.
(Approved by the Office of Management and Budget under control number
1885-0003)
(Authority: 20 U.S.C. 3321(a)(3))
34 CFR 573.31 Subpart E -- (Reserved)
34 CFR 573.31 PART 574 -- BILINGUAL EDUCATION: SHORT-TERM TRAINING PROGRAM
34 CFR 573.31 Subpart A -- General
Sec.
574.1 Short-Term Training Program.
574.2 Who is eligible to apply for assistance under the Short-Term
Training Program?
574.3 What regulations apply to the Short-Term Training Program?
574.4 What definitions apply to the Short-Term Training Program?
34 CFR 573.31 Subpart B -- What Kinds of Projects Does the Secretary
Assist Under This Program?
574.10 What activities are eligible for assistance?
34 CFR 573.31 Subpart C -- How Does One Apply for an Award?
574.20 What requirements pertain to consultation?
34 CFR 573.31 Subpart D -- How Does the Secretary Make an Award?
574.30 What priorities may the Secretary establish?
574.31 How does the Secretary evaluate an application?
574.32 What selection criteria does the Secretary use?
574.33 What additional factors does the Secretary consider?
34 CFR 573.31 Subpart E -- What Conditions Must Be Met by a Recipient?
574.40 What financial assistance to participants is allowable under
this program?
Authority: 20 U.S.C. 3281-3341, unless otherwise noted.
Source: 51 FR 22437, June 19, 1986, unless otherwise noted.
34 CFR 573.31 Subpart A -- General