Authorizing Legislation:
Title IV, Part A, Subpart 2 of the Higher Education Act of 1965, as amended:
CHAPTER 1—FEDERAL TRIO PROGRAMS SEC. 402A.
PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIATIONS.
GRANTS AND CONTRACTS AUTHORIZED.—The Secretary shall, in accordance with the provisions of this chapter, carry out a program of making grants and contracts designed to identify qualified individuals from disadvantaged backgrounds, to prepare them for a program of postsecondary education, to provide support services for such students who are pursuing programs of postsecondary education, to motivate and prepare students for doctoral programs, and to train individuals serving or preparing for service in programs and projects so designed.
RECIPIENTS, DURATION, AND SIZE. —
RECIPIENTS.—For the purposes described in subsection (a), the Secretary is authorized, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), to make grants to, and contracts with, institutions of higher education, public and private agencies and organizations, combinations of such institutions, agencies and organizations, and in exceptional circumstances, secondary schools, for planning, developing, or carrying out one or more of the services assisted under this chapter.
DURATION.—Grants or contracts made under this chapter shall be awarded for a period of 4 years, except that—(A) the Secretary shall award such grants or contracts for 5 years to applicants whose peer review scores were in the highest 10 percent of scores of all applicants receiving grants or contracts in each program competition for the same award year;(B) grants made under section 402G shall be awarded for a period of 2 years; and(C) grants under section 402H shall be awarded for a period determined by the Secretary.
MINIMUM GRANTS.—Unless the institution or agency requests a smaller amount, individual grants under this chapter shall be no less than—
$170,000 for programs authorized by sections 402D and 402G;
$180,000 for programs authorized by sections 402B and 402F; and
$190,000 for programs authorized by sections 402C and 402E
PROCEDURES FOR AWARDING GRANTS AND CONTRACTS.—
(1) APPLICATION REQUIREMENTS.—An eligible entity that desires to receive a grant or contract under this chapter shall submit an application to the Secretary in such manner and form, and containing such information and assurances, as the Secretary may reasonably require.
(2) PRIOR EXPERIENCE.—In making grants under this chapter, the Secretary shall consider each applicant’s prior experience of service delivery under the particular program for which funds are sought. The level of consideration given the factor of prior experience shall not vary from the level of consideration given such factor during fiscal years 1994 through 1997, except that grants made under section 402H shall not be given prior experience consideration.
(3) ORDER OF AWARDS; PROGRAM FRAUD.—
Except with respect to grants made under sections 402G and 402H and as provided in subparagraph the Secretary shall award grants and contracts under this chapter in the order of the scores received by the application for such grant or contract in the peer review process required under paragraph (4) and adjusted for prior experience in accordance with paragraph (2) of this subsection.
The Secretary is not required to provide assistance to a program otherwise eligible for assistance under this chapter, if the Secretary has determined that such program has involved the fraudulent use of funds under this chapter.
(4) PEER REVIEW PROCESS.—
The Secretary shall ensure that, to the extent practicable, members of groups underrepresented in higher education, including African Americans, Hispanics, Native Americans, Alaska Natives, Asian Americans, and Native American Pacific Islanders (including Native Hawaiians), are represented as readers of applications submitted under this chapter. The Secretary shall also ensure that persons from urban and rural backgrounds are represented as readers.
The Secretary shall ensure that each application submitted under this chapter is read by at least three readers who are not employees of the Federal Government (other than as readers of applications)
(5) NUMBER OF APPLICATIONS FOR GRANTS AND CONTRACTS.—The Secretary shall not limit the number of applications submitted by an entity under any program authorized under this chapter if the additional applications describe programs serving different populations or campuses.
(6) COORDINATION WITH OTHER PROGRAMS FOR DISADVANTAGED
STUDENTS.—
The Secretary shall encourage coordination of programs assisted under this chapter with other programs for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding source of such programs. The Secretary shall not limit an entity’s eligibility to receive funds under this chapter because such entity sponsors a program similar to the program to be assisted under this chapter, regardless of the funding source of such program. The Secretary shall permit the Director of a program receiving funds under this chapter to administer one or more additional programs for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding sources of such programs.
(7) APPLICATION STATUS.—The Secretary shall inform each entity operating programs under this chapter regarding the status of their application for continued funding at least 8months prior to the expiration of the grant or contract. The Secretary, in the case of an entity that is continuing to operate a successful program under this chapter, shall ensure that the startup date for a new grant or contract for such program immediately follows the termination of the preceding grant or contract so that no interruption of funding occurs for such successful reapplicants. The Secretary shall inform each entity requesting assistance under this chapter for a new program regarding the status of their application at least 8 months prior to the proposed startup date of such program.
(d) OUTREACH.—
(1) IN GENERAL.—The Secretary shall conduct outreach activities to ensure that entities eligible for assistance under this chapter submit applications proposing programs that serve geographic areas and eligible populations which have been underserved by the programs assisted under this chapter.
(2) NOTICE.—In carrying out the provisions of paragraph(1), the Secretary shall notify the entities described in subsection(b) of the availability of assistance under this subsection not less than 120 days prior to the deadline for submission of applications under this chapter and shall consult national, State, and regional organizations about candidates for notification.
(3) TECHNICAL ASSISTANCE.—The Secretary shall provide technical training to applicants for projects and programs authorized under this chapter. The Secretary shall give priority to serving programs and projects that serve geographic areas and eligible populations which have been underserved by the programs assisted under this chapter. Technical training activities shall include the provision of information on authorizing legislation, goals and objectives of the program, required activities, eligibility requirements, the application process and application deadlines, and assistance in the development of program proposals and the completion of program applications. Such training shall be furnished at conferences, seminars, and workshops to be conducted at not less than 10 sites throughout the United States to ensure that all areas of the United States with large concentrations of eligible participants are served.
(4) SPECIAL RULE.—The Secretary may contract with eligible entities to conduct the outreach activities described in this subsection.
(e) DOCUMENTATION OF STATUS AS A LOW-INCOME INDIVIDUAL.—
(1) Except in the case of an independent student, as defined in section 480(d), documentation of an individual’s status pursuant to subsection (g)(2)
shall be made by providing the Secretary with—
(a) A signed statement from the individual’s parent or legal guardian;
(b) Verification from another governmental source;
(c) A signed financial aid application; or
(d) A signed United States or Puerto Rico income tax return.
(2) In the case of an independent student, as defined in section 480(d), documentation of an individual’s status pursuant to subsection (g)(2) shall be made by providing the Secretary with—
(a) A signed statement from the individual;
(b) Verification from another governmental source;
(c) A signed financial aid application; or
(d) A signed United States or Puerto Rico income tax return.
(f) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of making grants and contracts under this chapter, there are authorized to be appropriated $700,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years. Of the amount appropriated under this chapter, the Secretary may use no more than 1/2 of 1 percent of such amount to obtain additional qualified readers and additional staff to review applications, to increase the level of oversight monitoring, to support impact studies, program assessments and reviews, and to provide technical assistance to potential applicants and current grantees. In expending these funds, the Secretary shall give priority to the additional administrative requirements provided in the Higher Education Amendments of 1992, to outreach activities, and to obtaining additional readers. The Secretary shall report to Congress by October1, 1994, on the use of these funds.
(g) DEFINITIONS.—For the purpose of this chapter:
(1) FIRST GENERATION COLLEGE STUDENT.—The term ‘‘first-generation college student’’ means—
(A) An individual both of whose parents did not complete a baccalaureate degree;
or
(B) In the case of any individual who regularly resided with and received support from only one parent, an individual whose only such parent did not complete a baccalaureate degree.
(2) LOW-INCOME INDIVIDUAL.—The term ‘‘low-income individual’’ means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census.
(3) VETERAN ELIGIBILITY.—No veteran shall be deemed ineligible to participate in
any program under this chapter by reason of such individual’s age who—
(A) served on active duty for a period of more than 180days, any part of which occurred after January 31, 1955,and was discharged or released there from under conditions other than dishonorable; or
(B) served on active duty after January 31, 1955, and was discharged or released there from because of a service connected disability.
(4) WAIVER.—The Secretary may waive the service requirements in subparagraph (A) or (B) of paragraph (3) if the Secretary determines the application of the service requirements to a veteran will defeat the purpose of a program under this chapter.
Sec. 402F HIGHER EDUCATION ACT OF 1965SEC. 402F. 20 U.S.C. 1070a–16
EDUCATIONAL OPPORTUNITY CENTERS.
(a) PROGRAM AUTHORITY; SERVICES PROVIDED.—The Secretary shall carry out a
program to be known as educational opportunity centers which shall be designed—
(1) To provide information with respect to financial and academic assistance available for
individuals desiring to pursue a program of postsecondary education; and
(2) To provide assistance to such persons in applying for admission to institutions at which
a program of postsecondary education is offered, including preparing necessary
applications for use by admissions and financial aid officers.
(b) PERMISSIBLE SERVICES.—An educational opportunity center assisted under this section
may provide services such as—
(1) Public information campaigns designed to inform the community regarding
opportunities for postsecondary education and training;
(2) Academic advice and assistance in course selection;
(3) Assistance in completing college admission and financial aid applications;
(4) Assistance in preparing for college entrance examinations;
(5) Guidance on secondary school reentry or entry to a general educational development
(GED) program or other alternative education programs for secondary school dropouts;
(6) Personal counseling;
(7) Tutorial services;
(8) Career workshops and counseling;
(9) Mentoring programs involving elementary or secondary school teachers, faculty
members at institutions of higher education, students, or any combination of such persons;
and
(10) programs and activities as described in paragraphs (1)through (9) which are specially
designed for students of limited English proficiency.
(c) REQUIREMENTS FOR APPROVAL OF APPLICATIONS.—In approving applications for
educational opportunity centers under this section for any fiscal year the Secretary shall—
(1) Require an assurance that not less than two-thirds of the persons participating in the
project proposed to be carried out under any application be low income individuals who
are first generation college students;
(2) Require that such participants be persons who are at least nineteen years of age, unless
the imposition of such limitation with respect to any person would defeat the purposes of
this section or the purposes of section 402B; and
(3) Require an assurance that individuals participating in the project proposed in the
application do not have access to services from another project funded under this section
or under section 402B.
TITLE 34--EDUCATION
CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION
PART 644_EDUCATIONAL OPPORTUNITY CENTERS
Subpart A - General
Sec.
644.1 What is the Educational Opportunity Centers program?
644.2 Who is eligible for a grant?
644.3 Who is eligible to participate in a project?
644.4 What services may a project provide?
644.5 How long is a project period?
644.6 What regulations apply?
644.7 What definitions apply?
Subpart B - Assurances
644.10 What assurances must an applicant submit?
Subpart C - How Does the Secretary Make a Grant?
644.20 How does the Secretary decide which new grants to make?
644.21 What selection criteria does the Secretary use?
644.22 How does the Secretary evaluate prior experience?
644.23 How does the Secretary set the amount of a grant?
Subpart D - What Conditions Must Be Met by a Grantee?
644.30 What are allowable costs?
644.31 What are unallowable costs?
644.32 What other requirements must a grantee meet?
Authority: 20 U.S.C. 1070a-11 and 1070a-16, unless otherwise noted.
Source: 59 FR 2658, Jan. 18, 1994, unless otherwise noted.
Subpart A - General
Sec. 644.1 What is the Educational Opportunity Centers program?
The Educational Opportunity Centers program provides grants for
projects designed to provide--
(a) Information regarding financial and academic assistance
available for individuals who desire to pursue a program of
postsecondary education; and
(b) Assistance to individuals in applying for admission to
institutions that offer programs of postsecondary education, including
assistance in preparing necessary applications for use by admissions and
financial aid officers.
(Authority: 20 U.S.C. 1070a-16)
Sec. 644.2 Who is eligible for a grant?
The following are eligible for a grant to carry out an Educational
Opportunity Centers project:
(a) An institution of higher education.
(b) A public or private agency or organization.
(c) A combination of the types of institutions, agencies, and
organizations described in paragraphs (a) and (b) of this section.
(d) A secondary school, under exceptional circumstances such as if
no institution, agency, or organization described in paragraphs (a) and
(b) of this section is capable of carrying out an Educational
Opportunity Centers project in the target area to be served by the
proposed project.
(Authority: 20 U.S.C. 1070a-11)
Sec. 644.3 Who is eligible to participate in a project?
(a) An individual is eligible to participate in an Educational
Opportunity Centers project if the individual meets all of the following
requirements:
(1)(i) Is a citizen or national of the United States;
(ii) Is a permanent resident of the United States;
(iii) Is in the United States for other than a temporary purpose and
provides evidence from the Immigration and Naturalization Service of his
or her intent to become a permanent resident;
(iv) Is a permanent resident of Guam, the Northern Mariana Islands,
or the Trust Territory of the Pacific Islands (Palau); or
(v) Is a resident of the Freely Associated States--the Federated
States of Micronesia or the Republic of the Marshall Islands.
(2)(i) Is at least 19 years of age; or
(ii) Is less than 19 years of age, and the individual cannot be
appropriately served by a Talent Search project under 34 CFR part 643,
and the individual's participation would not dilute the Educational
Opportunity Centers project's services to individuals described in
paragraph (a)(2)(i) of this section.
(3) Expresses a desire to enroll, or is enrolled, in a program of
postsecondary education, and requests information or assistance in
applying for admission to, or financial aid for, such a program.
(b) A veteran as defined in Sec. 644.7(b), regardless of age, is
eligible to participate in an Educational Opportunity Centers project if
he or she satisfies the eligibility requirements in paragraph (a) of
this section other than the age requirement in paragraph (a)(2) of this
section.
(Authority: 20 U.S.C. 1070a-11 and 1070a-16)
Sec. 644.4 What services may a project provide?
An Educational Opportunity Centers project may provide the following
services:
(a) Public information campaigns designed to inform the community
about opportunities for postsecondary education and training.
(b) Academic advice and assistance in course selection.
(c) Assistance in completing college admission and financial aid
applications.
(d) Assistance in preparing for college entrance examinations.
(e) Guidance on secondary school reentry or entry to a General
Educational Development (GED) program or other alternative education
program for secondary school dropouts.
(f) Personal counseling.
(g) Tutorial services.
(h) Career workshops and counseling.
(i) Mentoring programs involving elementary or secondary school
teachers, faculty members at institutions of higher education, students,
or any combination of these persons.
(j) Activities described in paragraphs (a) through (i) of this
section that are specifically designed for students of limited English
proficiency.
(k) Other activities designed to meet the purposes of the
Educational Opportunity Centers program stated in Sec. 644.1.
(Authority: 20 U.S.C. 1070a-16)
Sec. 644.5 How long is a project period?
(a) Except as provided in paragraph (b) of this section, a project
period under the Educational Opportunity Centers program is four years.
(b) The Secretary approves a project period of five years for
applications that score in the highest ten percent of all applications
approved for new grants under the criteria in Sec. 644.21.
(Authority: 20 U.S.C. 1070a-11)
Sec. 644.6 What regulations apply?
The following regulations apply to the Educational Opportunity
Centers 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), except for Sec. 75.511.
(3) 34 CFR part 77 (Definitions that Apply to Department
Regulations), except for the definition of ``secondary school'' in Sec.
77.1.
(4) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR part 82 (New Restrictions on Lobbying).
(6) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)).
(7) 34 CFR part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 644.
(Authority: 20 U.S.C. 1070a-11 and 1070a-16)
Sec. 644.7 What definitions apply?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Budget
Budget period
EDGAR
Equipment
Facilities
Fiscal year
Grant
Grantee
Private
Project
Project period
Public
Secretary
Supplies
(b) Other definitions. The following definitions also apply to this
part:
HEA means the Higher Education Act of 1965, as amended.
Institution of higher education means an educational institution as
defined in sections 1201(a) and 481 of the HEA.
Low-income individual means an individual whose family's taxable
income did not exceed 150 percent of the poverty level amount in the
calendar year preceding the year in which the individual initially
participated in the project. The poverty level amount is determined by
using criteria of poverty established by the Bureau of the Census of the
U.S. Department of Commerce.
Participant means an individual who--
(i) Is determined to be eligible to participate in the project under
Sec. 644.3; and
(ii) Receives project services.
Postsecondary education means education beyond the secondary school
level.
Potential first-generation college student means--
(i) An individual neither of whose parents received a baccalaureate
degree; or
(ii) An individual who regularly resided with and received support
from only one parent and whose supporting parent did not receive a
baccalaureate degree.
Secondary school means a school that provides secondary education as
determined under State law, except that it does not include education
beyond grade 12.
Target area means a geographic area served by an Educational
Opportunity Centers project.
Veteran means a person who served on active duty as a member of the
Armed Forces of the United States--
(i) For a period of more than 180 days, any part of which occurred
after January 31, 1955, and who was discharged or released from active
duty under conditions other than dishonorable; or
(ii) After January 31, 1955, and who was discharged or released from
active duty because of a service-connected disability.
(Authority: 20 U.S.C. 1070a-11, 1070a-16, and 1141)
Subpart B - Assurances
Sec. 644.10 What assurances must an applicant submit?
An applicant shall submit, as part of its application, assurances
that--
(a) At least two-thirds of the individuals it serves under its
proposed Educational Opportunity Centers project will be low-income
individuals who are potential first-generation college students;
(b) Individuals who are receiving services from another Educational
Opportunity Centers project or a Talent Search project under 34 CFR part
643 will not receive services under the proposed project;
(c) The project will be located in a setting or settings accessible
to the individuals proposed to be served by the project; and
(d) If the applicant is an institution of higher education, it will
not use the project as a part of its recruitment program.
(Authority: 20 U.S.C. 1070a-16)
Subpart C - How Does the Secretary Make a Grant?
Sec. 644.20 How does the Secretary decide which new grants to make?
(a) The Secretary evaluates an application for a new grant as
follows:
(1)(i) The Secretary evaluates the application on the basis of the
selection criteria in Sec. 644.21.
(ii) The maximum score for all the criteria in Sec. 644.21 is 100
points. The maximum score for each criterion is indicated in parentheses
with the criterion.
(2)(i) For an application for a new grant to continue to serve
substantially the same populations or campuses that the applicant is
serving under an expiring project, the Secretary evaluates the
applicant's prior experience in delivering services under the expiring
project on the basis of the criteria in Sec. 644.22.
(ii) The maximum score for all the criteria in Sec. 644.22 is 15
points. The maximum score for each criterion is indicated in parentheses
with the criterion.
(3) The Secretary awards additional points equal to 10 percent of
the application's score under paragraphs (a) (1) and (2) of this section
to an application for a project in Guam, the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Islands (Palau), or the
Northern Mariana Islands if the applicant meets the requirements of
subparts A, B, and D of this part.
(b) The Secretary makes new grants in rank order on the basis of the
applications' total scores under paragraphs (a) (1) through (3) of this
section.
(c) If the total scores of two or more applications are the same and
there are insufficient funds for these applications after the approval
of higher-ranked applications, the Secretary uses the remaining funds to
serve geographic areas and eligible populations that have been
underserved by the Educational Opportunity Centers program.
(d) The Secretary may decline to make a grant to an applicant that
carried out a project that involved the fraudulent use of funds under
section 402A(c)(2)(B) of the HEA.
(Authority: 20 U.S.C. 1070a-11, 1070a-16, and 1144a(a))
Sec. 644.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application
for a new grant:
(a) Need for the project (24 points). The Secretary evaluates the
need for an Educational Opportunity Centers project in the proposed
target area on the basis of the extent to which the application contains
clear evidence of--
(1) A high number or percentage, or both, of low-income families
residing in the target area;
(2) A high number or percentage, or both, of individuals residing in
the target area with education completion levels below the baccalaureate
level;
(3) A high need on the part of residents of the target area for
further education and training from programs of postsecondary education
in order to meet changing employment trends; and
(4) Other indicators of need for an Educational Opportunity Centers
project, including the presence of unaddressed educational or
socioeconomic problems of adult residents in the target area.
(b) Objectives (8 points). The Secretary evaluates the quality of
the applicant's proposed project objectives on the basis of the extent
to which they--
(1) Include both process and outcome objectives relating to each of
the purposes of the Educational Opportunity Centers program stated in
Sec. 644.1;
(2) Address the needs of the target area;
(3) Are clearly described, specific, and measurable; and
(4) Are ambitious but attainable within each budget period and the
project period given the project budget and other resources.
(c) Plan of operation (30 points). The Secretary evaluates the
quality of the applicant's plan of operation on the basis of the
following:
(1) (4 points) The plan to inform the residents, schools, and
community organizations in the target area of the goals, objectives, and
services of the project and the eligibility requirements for
participation in the project;
(2) (4 points) The plan to identify and select eligible participants
and ensure their participation without regard to race, color, national
origin, gender, or disability;
(3) (2 points) The plan to assess each participant's need for
services provided by the project;
(4) (12 points) The plan to provide services that meet participants'
needs and achieve the objectives of the project; and
(5) (8 points) The management plan to ensure the proper and
efficient administration of the project including, but not limited to,
the project's organizational structure, the time committed to the
project by the project director and other personnel, and, where
appropriate, its coordination with other projects for disadvantaged
students.
(d) Applicant and community support (16 points). The Secretary
evaluates the applicant and community support for the proposed project
on the basis of the extent to which the applicant has made provision for
resources to supplement the grant and enhance the project's services,
including--
(1) (8 points) Facilities, equipment, supplies, personnel, and other
resources committed by the applicant; and
(2) (8 points) Resources secured through written commitments from
schools, community organizations, and others.
(e) Quality of personnel (9 points). (1) The Secretary evaluates the
quality of the personnel the applicant plans to use in the project on
the basis of the following:
(i) The qualifications required of the project director.
(ii) The qualifications required of each of the other personnel to
be used in the project.
(iii) The plan to employ personnel who have succeeded in overcoming
the disadvantages or circumstances like those of the population of the
target area.
(2) In evaluating the qualifications of a person, the Secretary
considers his or her experience and training in fields related to the
objectives of the project.
(f) Budget (5 points). The Secretary evaluates the extent to which
the project budget is reasonable, cost-effective, and adequate to
support the project.
(g) Evaluation plan (8 points). The Secretary evaluates the quality
of the evaluation plan for the project on the basis of the extent to
which the applicant's methods of evaluation--
(1) Are appropriate to the project's objectives;
(2) Provide for the applicant to determine, using specific and
quantifiable measures, the success of the project in--
(i) Making progress toward achieving its objectives (a formative
evaluation); and
(ii) Achieving its objectives at the end of the project period (a
summative evaluation); and
(3) Provide for the disclosure of unanticipated project outcomes,
using quantifiable measures if appropriate.
(Approved by the Office of Management and Budget under control number
1840-0065)
(Authority: 20 U.S.C. 1070a-16)
Sec. 644.22 How does the Secretary evaluate prior experience?
(a) In the case of an application described in Sec.
644.20(a)(2)(i), the Secretary reviews information relating to an
applicant's performance under its expiring Educational Opportunity
Centers project. This information includes performance reports, audit
reports, site visit reports, and project evaluation reports.
(b) The Secretary evaluates the applicant's prior experience in
delivering services on the basis of the following criteria:
(1) (3 points) (i) Whether the applicant provided services to the
required number of participants who resided in the target area; and
(ii) Whether two-thirds of all participants served were low-income
individuals and potential first-generation college students.
(2) (6 points) The extent to which the applicant met or exceeded its
objectives regarding the provision of assistance to individuals in
applying for admission to, or financial aid for, programs of
postsecondary education.
(3) (6 points) The extent to which the applicant met or exceeded its
objectives regarding the admission or reentry of participants to
programs of postsecondary education.
(Approved by the Office of Management and Budget under control number
1840-0065)
(Authority: 20 U.S.C. 1070a-16)
Sec. 644.23 How does the Secretary set the amount of a grant?
(a) The Secretary sets the amount of a grant on the basis of--
(1) 34 CFR 75.232 and 75.233, for new grants; and
(2) 34 CFR 75.253, for the second and subsequent years of a project
period.
(b) If the circumstances described in section 402A(b)(3) of the HEA
exist, the Secretary uses the available funds to set the amount of the
grant beginning in fiscal year 1994 at the lesser of--
(1) $180,000; or
(2) The amount requested by the applicant.
(Authority: 20 U.S.C. 1070a-11)
Subpart D - What Conditions Must Be Met by a Grantee?
Sec. 644.30 What are allowable costs?
The cost principles that apply to the Educational Opportunity
Centers program are in 34 CFR part 74, subpart Q. Allowable costs
include the following if they are reasonably related to the objectives
of the project:
(a) Transportation, meals, and, with specific prior approval of the
Secretary, lodging for participants and staff for--
(1) Visits to postsecondary educational institutions to obtain
information relating to the admission of participants to those
institutions;
(2) Participation in ``College Day'' activities; and
(3) Field trips to observe and meet with people who are employed in
various career fields in the target area and who can serve as role
models for participants.
(b) Purchase of testing materials.
(c) Fees required for college admissions of entrance examinations
if--
(1) A waiver is unavailable; and
(2) The fee is paid by the grantee to a third party on behalf of a
participant.
(d) In-service training of project staff.
(e) Rental of space if--
(1) Space is not available at the site of the grantee; and
(2) The rented space is not owned by the grantee.
(f) Purchase of computer hardware, computer software, or other
equipment for student development, project administration, and
recordkeeping, if the applicant demonstrates to the Secretary's
satisfaction that the equipment is required to meet the objectives of
the project more economically or efficiently.
(Authority: 20 U.S.C. 1070a-11 and 1070a-16)
Sec. 644.31 What are unallowable costs?
Costs that are unallowable under the Educational Opportunity Centers
program include, but are not limited to, the following:
(a) Tuition, fees, stipends, and other forms of direct financial
support for participants.
(b) Research not directly related to the evaluation or improvement
of the project.
(c) Construction, renovation, and remodeling of any facilities.
(Authority: 20 U.S.C. 1070a-11 and 1070a-16)
Sec. 644.32 What other requirements must a grantee meet?
(a) Eligibility of participants. (1) A grantee shall determine the
eligibility of each participant in the project at the time that the
individual is selected to participate.
(2) A grantee shall determine the status of a low-income individual
on the basis of the documentation described in section 402A(e) of the
HEA.
(b) Number of participants. In each budget period, a grantee shall
serve a minimum of 1,000 participants who reside in the target area.
However, the Secretary may reduce the minimum number of these
participants if the amount of the grant for the budget period is less
than $180,000.
(c) Recordkeeping. For each participant, a grantee shall maintain a
record of--
(1) The basis for the grantee's determination that the participant
is eligible to participate in the project under Sec. 644.3;
(2) The services that are provided to the participant; and
(3) The specific educational benefits received by the participant.
(d) Project director. (1) A grantee shall employ a full-time project
director unless paragraph (d)(3) of this section applies.
(2) The grantee shall give the project director sufficient authority
to administer the project effectively.
(3) The Secretary waives the requirement in paragraph (d) (1) of
this section if the applicant demonstrates that the requirement will
hinder coordination--
(i) Among the Federal TRIO Programs (sections 402A through 402F of
the HEA); or
(ii) Between the programs funded under sections 402A through 410 of
the HEA and similar programs funded through other sources.
(Approved by the Office of Management and Budget under control number
1840-0065)
(Authority: 20 U.S.C. 1070a-11 and 1070a-16).
| File Type | application/msword |
| Author | Authorised User |
| Last Modified By | Authorised User |
| File Modified | 2011-04-08 |
| File Created | 2011-04-08 |