34 Cfr 75.210

Office of the Secretary, Education

§ 75.210

(1) The total possible score for all of
the criteria for a program; and
(2) The assigned weight or the maximum possible score for each criterion
or factor under that criterion.
(c) If no points or weights are assigned to the selection criteria and selected factors, the Secretary evaluates
each criterion equally and, within each
criterion, each factor equally.
(Authority: 20 U.S.C. 1221e–3 and 3474)
[62 FR 10401, Mar. 6, 1997]

§§ 75.202–75.206

[Reserved]

§ 75.209 Selection criteria
statutory provisions.

based

on

(a) The Secretary may evaluate applications by—
(1) Establishing selection criteria
based on statutory provisions that
apply to the authorized program, which
may include, but are not limited to—
(i) Specific statutory selection criteria;
(ii) Allowable activities;
(iii) Application content requirements; or
(iv) Other pre-award and post-award
conditions; and
(2) Assigning the maximum possible
score for each of the criteria established under paragraph (a)(1) of this
section.
(b) The Secretary evaluates an application by determining how well the
project proposed by the applicant
meets each statutory provision selected under paragraph (a)(1) of this
section.

dwashington3 on PRODPC61 with CFR

Example: If a program statute requires that
each application address how the applicant
will serve the needs of limited English proficient children, under § 75.209 the Secretary
could establish a criterion and evaluate applications based on how well the applicant’s
proposed project meets that statutory provision. The Secretary might decide to award
up to 10 points for this criterion. Applicants
who have the best proposals to serve the
needs of limited English proficient children
would score highest under the criterion in
this example.
(Authority: 20 U.S.C. 1221e–3 and 3474)
[60 FR 63873, Dec. 12, 1995, as amended at 62
FR 10401, Mar. 6, 1997]

§ 75.210 General selection criteria.
In determining the selection criteria
to be used in each grant competition,
the Secretary may select one or more
of the following criteria and may select
from among the list of optional factors
under each criterion. However, paragraphs (d)(2) and (e)(2) of this section
are mandatory factors under their respective criteria:
(a) Need for project. (1) The Secretary
considers the need for the proposed
project.
(2) In determining the need for the
proposed project, the Secretary considers one or more of the following factors:
(i) The magnitude or severity of the
problem to be addressed by the proposed project.
(ii) The magnitude of the need for the
services to be provided or the activities
to be carried out by the proposed
project.
(iii) The extent to which the proposed
project will provide services or otherwise address the needs of students at
risk of educational failure.
(iv) The extent to which the proposed
project will focus on serving or otherwise addressing the needs of disadvantaged individuals.
(v) The extent to which specific gaps
or weaknesses in services, infrastructure, or opportunities have been identified and will be addressed by the proposed project, including the nature and
magnitude of those gaps or weaknesses.
(vi) The extent to which the proposed
project will prepare personnel for fields
in which shortages have been demonstrated.
(b) Significance. (1) The Secretary
considers the significance of the proposed project.
(2) In determining the significance of
the proposed project, the Secretary
considers one or more of the following
factors:
(i) The national significance of the
proposed project.
(ii) The significance of the problem
or issue to be addressed by the proposed project.
(iii) The potential contribution of the
proposed project to increased knowledge or understanding of educational
problems, issues, or effective strategies.

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§ 75.210

34 CFR Subtitle A (7–1–08 Edition)

(iv) The potential contribution of the
proposed project to increased knowledge or understanding of rehabilitation
problems, issues, or effective strategies.
(v) The likelihood that the proposed
project will result in system change or
improvement.
(vi) The potential contribution of the
proposed project to the development
and advancement of theory, knowledge,
and practices in the field of study.
(vii) The potential for generalizing
from the findings or results of the proposed project.
(viii) The extent to which the proposed project is likely to yield findings
that may be utilized by other appropriate agencies and organizations.
(ix) The extent to which the proposed
project is likely to build local capacity
to provide, improve, or expand services
that address the needs of the target
population.
(x) The extent to which the proposed
project involves the development or
demonstration of promising new strategies that build on, or are alternatives
to, existing strategies.
(xi) The likely utility of the products
(such as information, materials, processes, or techniques) that will result
from the proposed project, including
the potential for their being used effectively in a variety of other settings.
(xii) The extent to which the results
of the proposed project are to be disseminated in ways that will enable others to use the information or strategies.
(xiii) The potential replicability of
the proposed project or strategies, including, as appropriate, the potential
for implementation in a variety of settings.
(xiv) The importance or magnitude of
the results or outcomes likely to be attained by the proposed project, especially improvements in teaching and
student achievement.
(xv) The importance or magnitude of
the results or outcomes likely to be attained by the proposed project, especially improvements in employment,
independent living services, or both, as
appropriate.
(xvi) The importance or magnitude of
the results or outcomes likely to be attained by the proposed project.

(c) Quality of the project design. (1)
The Secretary considers the quality of
the design of the proposed project.
(2) In determining the quality of the
design of the proposed project, the Secretary considers one or more of the following factors:
(i) The extent to which the goals, objectives, and outcomes to be achieved
by the proposed project are clearly
specified and measurable.
(ii) The extent to which the design of
the proposed project is appropriate to,
and will successfully address, the needs
of the target population or other identified needs.
(iii) The extent to which there is a
conceptual framework underlying the
proposed research or demonstration activities and the quality of that framework.
(iv) The extent to which the proposed
activities constitute a coherent, sustained program of research and development in the field, including, as appropriate, a substantial addition to an
ongoing line of inquiry.
(v) The extent to which the proposed
activities constitute a coherent, sustained program of training in the field.
(vi) The extent to which the proposed
project is based upon a specific research design, and the quality and appropriateness of that design, including
the scientific rigor of the studies involved.
(vii) The extent to which the proposed research design includes a thorough, high-quality review of the relevant literature, a high-quality plan
for research activities, and the use of
appropriate theoretical and methodological tools, including those of a variety of disciplines, if appropriate.
(viii) The extent to which the design
of the proposed project includes a thorough, high-quality review of the relevant literature, a high-quality plan
for project implementation, and the
use of appropriate methodological
tools to ensure successful achievement
of project objectives.
(ix) The quality of the proposed demonstration design and procedures for
documenting project activities and results.
(x) The extent to which the design for
implementing and evaluating the proposed project will result in information

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dwashington3 on PRODPC61 with CFR

Office of the Secretary, Education

§ 75.210

to guide possible replication of project
activities or strategies, including information about the effectiveness of
the approach or strategies employed by
the project.
(xi) The extent to which the proposed
development efforts include adequate
quality controls and, as appropriate,
repeated testing of products.
(xii) The extent to which the proposed project is designed to build capacity and yield results that will extend beyond the period of Federal financial assistance.
(xiii) The extent to which the design
of the proposed project reflects up-todate knowledge from research and effective practice.
(xiv) The extent to which the proposed project represents an exceptional
approach for meeting statutory purposes and requirements.
(xv) The extent to which the proposed project represents an exceptional
approach to the priority or priorities
established for the competition.
(xvi) The extent to which the proposed project will be coordinated with
similar or related efforts, and with
other appropriate community, State,
and Federal resources.
(xvii) The extent to which the proposed project will establish linkages
with other appropriate agencies and organizations providing services to the
target population.
(xviii) The extent to which the proposed project is part of a comprehensive effort to improve teaching and
learning and support rigorous academic
standards for students.
(xix) The extent to which the proposed project encourages parental involvement.
(xx) The extent to which the proposed project encourages consumer involvement.
(xxi) The extent to which performance feedback and continuous improvement are integral to the design of the
proposed project.
(xxii) The quality of the methodology
to be employed in the proposed project.
(xxiii) The extent to which fellowship
recipients or other project participants
are to be selected on the basis of academic excellence.
(d) Quality of project services. (1) The
Secretary considers the quality of the

services to be provided by the proposed
project.
(2) In determining the quality of the
services to be provided by the proposed
project, the Secretary considers the
quality and sufficiency of strategies for
ensuring equal access and treatment
for eligible project participants who
are members of groups that have traditionally been underrepresented based
on race, color, national origin, gender,
age, or disability.
(3) In addition, the Secretary considers one or more of the following factors:
(i) The extent to which the services
to be provided by the proposed project
are appropriate to the needs of the intended recipients or beneficiaries of
those services.
(ii) The extent to which entities that
are to be served by the proposed technical assistance project demonstrate
support for the project.
(iii) The extent to which the services
to be provided by the proposed project
reflect up-to-date knowledge from research and effective practice.
(iv) The likely impact of the services
to be provided by the proposed project
on the intended recipients of those
services.
(v) The extent to which the training
or professional development services to
be provided by the proposed project are
of sufficient quality, intensity, and duration to lead to improvements in practice among the recipients of those services.
(vi) The extent to which the training
or professional development services to
be provided by the proposed project are
likely to alleviate the personnel shortages that have been identified or are
the focus of the proposed project.
(vii) The likelihood that the services
to be provided by the proposed project
will lead to improvements in the
achievement of students as measured
against rigorous academic standards.
(viii) The likelihood that the services
to be provided by the proposed project
will lead to improvements in the skills
necessary to gain employment or build
capacity for independent living.
(ix) The extent to which the services
to be provided by the proposed project

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§ 75.210

34 CFR Subtitle A (7–1–08 Edition)

involve the collaboration of appropriate partners for maximizing the effectiveness of project services.
(x) The extent to which the technical
assistance services to be provided by
the proposed project involve the use of
efficient strategies, including the use
of technology, as appropriate, and the
leveraging of non-project resources.
(xi) The extent to which the services
to be provided by the proposed project
are focused on those with greatest
needs.
(xii) The quality of plans for providing an opportunity for participation
in the proposed project of students enrolled in private schools.
(e) Quality of project personnel. (1) The
Secretary considers the quality of the
personnel who will carry out the proposed project.
(2) In determining the quality of
project personnel, the Secretary considers the extent to which the applicant encourages applications for employment from persons who are members of groups that have traditionally
been underrepresented based on race,
color, national origin, gender, age, or
disability.
(3) In addition, the Secretary considers one or more of the following factors:
(i) The qualifications, including relevant training and experience, of the
project director or principal investigator.
(ii) The qualifications, including relevant training and experience, of key
project personnel.
(iii) The qualifications, including relevant training and experience, of
project consultants or subcontractors.
(f) Adequacy of resources. (1) The Secretary considers the adequacy of resources for the proposed project.
(2) In determining the adequacy of resources for the proposed project, the
Secretary considers one or more of the
following factors:
(i) The adequacy of support, including facilities, equipment, supplies, and
other resources, from the applicant organization or the lead applicant organization.
(ii) The relevance and demonstrated
commitment of each partner in the
proposed project to the implementation and success of the project.

(iii) The extent to which the budget
is adequate to support the proposed
project.
(iv) The extent to which the costs are
reasonable in relation to the objectives, design, and potential significance of the proposed project.
(v) The extent to which the costs are
reasonable in relation to the number of
persons to be served and to the anticipated results and benefits.
(vi) The potential for continued support of the project after Federal funding ends, including, as appropriate, the
demonstrated commitment of appropriate entities to such support.
(vii) The potential for the incorporation of project purposes, activities, or
benefits into the ongoing program of
the agency or organization at the end
of Federal funding.
(g) Quality of the management plan. (1)
The Secretary considers the quality of
the management plan for the proposed
project.
(2) In determining the quality of the
management plan for the proposed
project, the Secretary considers one or
more of the following factors:
(i) The adequacy of the management
plan to achieve the objectives of the
proposed project on time and within
budget, including clearly defined responsibilities, timelines, and milestones for accomplishing project tasks.
(ii) The adequacy of procedures for
ensuring feedback and continuous improvement in the operation of the proposed project.
(iii) The adequacy of mechanisms for
ensuring high-quality products and
services from the proposed project.
(iv) The extent to which the time
commitments of the project director
and principal investigator and other
key project personnel are appropriate
and adequate to meet the objectives of
the proposed project.
(v) How the applicant will ensure
that a diversity of perspectives are
brought to bear in the operation of the
proposed project, including those of
parents, teachers, the business community, a variety of disciplinary and professional fields, recipients or beneficiaries of services, or others, as appropriate.
(h) Quality of the project evaluation. (1)
The Secretary considers the quality of

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Office of the Secretary, Education

§ 75.217

the evaluation to be conducted of the
proposed project.
(2) In determining the quality of the
evaluation, the Secretary considers one
or more of the following factors:
(i) The extent to which the methods
of evaluation are thorough, feasible,
and appropriate to the goals, objectives, and outcomes of the proposed
project.
(ii) The extent to which the methods
of evaluation are appropriate to the
context within which the project operates.
(iii) The extent to which the methods
of evaluation provide for examining
the effectiveness of project implementation strategies.
(iv) The extent to which the methods
of evaluation include the use of objective performance measures that are
clearly related to the intended outcomes of the project and will produce
quantitative and qualitative data to
the extent possible.
(v) The extent to which the methods
of evaluation will provide timely guidance for quality assurance.
(vi) The extent to which the methods
of evaluation will provide performance
feedback and permit periodic assessment of progress toward achieving intended outcomes.
(vii) The extent to which the evaluation will provide guidance about effective strategies suitable for replication
or testing in other settings.
(Approved by the Office of Management and
Budget under control number 1875–0102)

(Authority: 20 U.S.C. 1221e–3 and 3474)
[62 FR 10403, Mar. 6, 1997]

SELECTION PROCEDURES
§ 75.215 How the Department selects a
new project: purpose of §§ 75.216–
75.222.
Sections 75.216–75.222 describe the
process the Secretary uses to select applications for new grants. All of these
sections apply to a discretionary grant
program. However, only § 75.216 applies
also to a formula grant program.
CROSS REFERENCE: See § 75.200(b) Discretionary grant program, and (c) Formula
grant program.
(Authority: 20 U.S.C. 1221e–3 and 3474)

§ 75.216 Applications not evaluated for
funding.
The Secretary does not evaluate an
application if—
(a) The applicant is not eligible;
(b) The applicant does not comply
with all of the procedural rules that
govern the submission of the application;
(c) The application does not contain
the information required under the
program; or
(d) The proposed project cannot be
funded under the authorizing statute
or implementing regulations for the
program.
(Authority: 20 U.S.C. 1221e–3 and 3474)
[57 FR 30338, July 8, 1992]

(Authority: 20 U.S.C. 1221e–3 and 3474)

dwashington3 on PRODPC61 with CFR

propriate to evaluate the activities
proposed in the application.

[62 FR 10401, Mar. 6, 1997]

§ 75.217 How the Secretary selects applications for new grants.

§ 75.211 Selection criteria for unsolicited applications.

(a) The Secretary selects applications for new grants on the basis of the
authorizing statute, the selection criteria, and any priorities or other requirements that have been published in
the FEDERAL REGISTER and apply to the
selection of those applications.
(b)(1) The Secretary may use experts
to evaluate the applications submitted
under a program.
(2) These experts may include persons
who are not employees of the Federal
Government.
(c) The Secretary prepares a rank
order of the applications based solely

(a) If the Secretary considers an unsolicited application under 34 CFR
75.222(a)(2)(ii), the Secretary uses the
selection criteria and factors, if any,
used for the competition under which
the application could have been funded.
(b) If the Secretary considers an unsolicited application under 34 CFR
75.222(a)(2)(iii), the Secretary selects
from among the criteria in § 75.210(b),
and may select from among the specific factors listed under each criterion, the criteria that are most ap-

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