Subpart A-General

§ 769.1 What is the Library Literacy Program?

Under the Library Literacy Program the Secretary provides Federal financial assistance for adult literacy projects.

(Authority: 20 U.S.C. 375(a))

§ 769.2 Who is eligible for an award? State libraries and local public libraries are eligible to apply for grants under the Library Literacy Program. (Authority: 20 U.S.C. 375(a))

§ 769.3 What regulations apply? The following regulations apply to the Library Literacy Program:

(a) The Education Department GenAdministrative Regulations

eral
(EDGAR) as follows:

(1) 34 CFR part 75 (Direct Grant 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

(Nonprocurement) and

wide

Suspension Government

Requirements for Drug-Free

Workplace (Grants)).

(b) The regulations in this part 769. (Authority: 20 U.S.C. 375(a))

$769.4 What definitions apply?

(a) Definitions in the Act. The following terms used in this part are defined in section 3 of the Act: Public library

State library administrative agency

(b) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR 77.1:

Applicant

Application

Budget Department EDGAR Equipment Facilities Grant Project Secretary State Supplies

(c) Other definitions. The following definitions also apply to this part: Act means the Library Services and Construction Act, as amended.

Adult means an individual in any State who has exceeded the maximum age for compulsory schooling in that State.

Library materials means books, periodicals, newspapers, documents, pamphlets, photographs, reproductions,

microforms, pictorial works, graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, processed video and magnetic tapes, computer software, and materials designed specifically for individuals with disabilities.

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.

(Authority: Pub. L. 102-73, Sec. 3)

Literacy program means a project or activity designed to help individuals achieve literacy.

Local public library means a public library that is not an integral part of a State or Federal agency and that is authorized to independently apply for, receive, and carry out an LSCA title VI grant.

State library means, for this program, the State library administrative agency.

(Authority: 20 U.S.C. 351 et seq.; 375.)

Subpart B-What Types of Projects

Does the Secretary Fund?

$769.10 For what types of projects does the Secretary provide assistance to State libraries?

(a) The Secretary provides assistance to State libraries for projects designed to do either or both of the following: (1) Coordinate and plan library literacy programs for adults.

(2) Arrange for the training of librarians and volunteers to carry out these types of programs.

(b) These projects may include, but are not restricted to, one or more of the following types of activities:

(1) Conducting statewide library literacy initiatives.

(2) Assessing literacy needs.

(3) Promoting cooperation between libraries and other agencies in providing literacy programs for adults.

(4) Training librarians and volunteers in the development of literacy programs or in recruitment, training, collection development, evaluation, and other activities to implement a local library literacy program.

(5) Assisting or training librarians and volunteers in extending library literacy programs to groups and individuals that may not be served adequately by existing programs. Examples of these types of persons include—

(i) Individuals with disabilities. (ii) The institutionalized; (iii) Older Americans; and (iv) Other disadvantaged individuals. (Authority: 20 U.S.C. 375(b))

$769.11 For what types of projects does the Secretary provide assistance to local public libraries?

(a) The Secretary provides assistance to local public libraries for projects designed to do one or more of the following:

(1) Promote the use of the voluntary services of individuals, agencies, and organizations in providing literacy programs for adults.

(2) Acquire library materials for literacy programs.

(3) Use library facilities for literacy programs.

(b) These projects may include, but are not restricted to, one or more of the following types of activities:

(1) Disseminating information about literacy programs.

(2) Training librarians and volunteers to serve local literacy programs.

(3) Developing a collection of literacy materials or acquiring tutor and student literacy materials.

(4) Conducting literacy programs for adults.

(5) Serving as the headquarters for a literacy program.

(6) Encouraging other libraries in the community to volunteer the use of their facilities for literacy programs.

(Authority: 20 U.S.C. 375(c))

Subpart C-How Does One Apply for an Award?

$769.20 How do State libraries review applications submitted under the Library Literacy Program?

An applicant shall use the State comment procedures in 34 CFR 75.156-75.160 to afford the State library administrative agency an opportunity to comment on any application for a grant.

157-135 0-95-30

For purposes of complying with these procedures

(a) As used in 34 CFR 75.156-75.160(1) State means the State library administrative agency; and

(2) Appropriate State official means the head of the State library administrative agency.

(b) Notwithstanding the provisions of §75.159(a), the State library administrative agency may review the application only for consistency with its longrange program required under titles I, II, and III of the Act.

(Authority: 20 U.S.C. 351d(h))

Subpart D-How Does the
Secretary Make an Award?

$769.30 How does the Secretary evaluate an application?

(a) The Secretary evaluates an application on the basis of the criteria in § 769.31.

(b) The Secretary awards up to 115 possible points for the criteria in § 769.31.

(c) The maximum possible score for each complete criterion is indicated in parentheses.

(Authority: 20 U.S.C. 375(d))

$769.31 What selection criteria does the Secretary use?

(a) Need. (25 points)

(1) The Secretary reviews each application to determine the extent of the need for the proposed project.

(2) The Secretary considers(i) The extent of the concentration of adults who do not have a secondary education or its equivalent in the area to be served by the project; and

(ii)(A) The availability of community or financial resources that could be used to establish the project without Federal assistance; or

(B) The per capita income and rate of unemployment or underemployment in the area to be served by the project.

(3) To earn points under this criterion, an applicant must have earned at least one point under paragraph (b) of this section.

(b) Coordination. (25 points)

(1) The Secretary reviews each application to determine the extent to which the applicant coordinates its

services with literacy organizations and community based organizations providing similar or related literacy services.

(2) The Secretary considers

(1) The extent to which the applicant

(A) Has identified other providers of literacy-related services, including state or local adult education agencies or community based organizations, as appropriate;

(B) Has identified the services provided by these parties; and

(C) Has communicated with officials of these parties or their representatives; and

(ii) The quality of the specific measures for cooperation and coordination the applicant has proposed.

(3) To earn points under this criterion, an applicant must have earned at least one point under paragraph (a) of this section.

(Authority: 20 U.S.C. 375)

(c) Plan of operation. (20 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) A clear description of how the proposed literacy services would meet the needs of the population to be served;

(iii) Specific intended outcomes that

(A) Will accomplish the purposes of the program;

(B) Are attainable within the project period, given the project's budget and other resources;

(C) Are susceptible to evaluation; and (D) Are objective and measurable. (iv) An effective plan of management that ensures proper and efficient administration of the project;

(v) High quality in the applicant's plans for using its resources and personnel to achieve each objective and intended outcome during the period of federal funding;

(vi) A distinct role for State or local libraries;

(vii) An efficient timeline for meeting each objective; and

(viii) An effective plan for providing equal access and treatment for eligible

project participants without regard to race, color, national origin, gender, age, or disabling condition.

(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 or coordinator;

(ii) The qualifications of each of the other key personnel to be used in the project;

(iii) The time that the project director and other key personnel will commit to the project; and

(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications 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, as well as other evidence that the applicant provides.

(e) 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 is adequate to support the project activities; and

(ii) Costs are reasonable in relation to the objectives of the project.

(f) Evaluation plan. (15 points) (1) The Secretary reviews each application to determine the quality of the evaluation plan for the project.

(2) The Secretary considers the extent to which methods of evaluation(i) Are appropriate for the project;

(ii) Will determine how successful the project is in meeting its intended outcomes; and

(iii) Are objective and produce data that are measurable and quantifiable. (g) 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.

(Approved by the Office of Management and Budget under control number 1850-0587) (Authority: 20 U.S.C. 375)

PART 770-LIBRARY SERVICES AND CONSTRUCTION ACT STATE-ADMINISTERED PROGRAM

Sec. 770.1

Subpart A-General

The Library Services and Construction Act State-Administered Program. 770.2 Who is eligible to apply for a grant under the State-Administered Program? 770.3 What regulations apply to the StateAdministered Program?

770.4 What definitions apply to the StateAdministered Program?

Subpart B-What Kinds of Activities Does the Secretary Assist Under This Program? 770.10 What types of projects may be funded under Public Library Services grants? 770.11 What types of projects may be funded under Public Library Construction and Technology Enhancement grants? 770.12 What types of projects may be funded under Interlibrary Cooperation and Resource Sharing grants?

Subpart C-How Does a State Apply for a Grant?

770.20 What must a State do to receive a grant under the State-Administered Program?

770.21 What must a State plan include? 770.22 What must a State include in a basic State plan?

770.23 What must a State include in a longrange program?

770.24 What must a State include in an annual program?

Subpart D-(Reserved)

Subpart E-What Conditions Must Be Met by a State and Its Subgrantees?

770.40 What matching requirements apply to a Public Library Services grant? 770.41 What are the basic maintenance-ofeffort requirements for a Public Library Services grant?

770.42 What other maintenance-of-effort requirements apply to a Public Library Services grant?

770.43 What maintenance of Federal support is required for major urban resource libraries (MURLs)? 770.44 What are a State's financial obligations under a Public Library Construction and Technology Enhancement grant?

770.45 What other financial obligation does a recipient have under a Public Library Construction and Technology Enhancement grant?

770.46 What administrative costs are allowable under the State-Administered Program?

Subpart F-What Are the Administrative Responsibilities of a State and Its Subgrantees?

(2) Public Library Construction and Technology Enhancement grants under title II of the Act; and

(3) Interlibrary Cooperation and Resource Sharing grants under title III of the Act.

(b)(1) Public libraries are eligible to apply to their respective States for subgrants under each type of grant specified in paragraph (a) of this section.

(2) Library systems or networks that include libraries other than public libraries are eligible to apply for a subgrant under title I of the Act if the purpose of the subgrant is to improve services for public library patrons.

(3) In the case of Interlibrary Cooperation and Resource Sharing grants, a State may also permit other types of libraries to apply for subgrants.

(Authority: 20 U.S.C. 351d, 352, 355a, 355e) 8770.3 What regulations apply to the State-Administered Program?

The following regulations apply to the State-Administered 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 76 (StateAdministered 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), part 81 (General Education Provisions ActEnforcement), part 82 (New Restrictions on Lobbying), part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)), and part 86 (DrugFree Schools and Campuses).

(b) The regulations in this part 770. (Authority: 20 U.S.C. 351 et seq.)

§ 770.4 What definitions apply to the State-Administered Program?

(a) Definitions in the Act. The following terms used in this part are defined in section 3 of the Act: