The Commissioner will not approve an application for assistance pursuant to 181.6 without first affording the appropriate State educational agency a reasonable opportunity to review and make recommendations with respect to such application. § 181.12 Non-Federal contributions. In view of the emergency nature of the program and the fact that most local educational agencies have already determined their budgets for the 1971-72 academic year, the Commissioner will not require an applicant to contribute to the costs of the project if the application is accompanied by an assurance satisfactory to him that the applicant does not have available adequate resources for that purpose. (a) (1) Assistance under the program may be terminated in whole or in part if the Commissioner determines after affording the recipient reasonable notice and an opportunity for a full and fair hearing, that the recipient has failed to carry out its approved project proposal in accordance with the applicable law and the terms of such assistance or has otherwise failed to comply with any law, regulation, assurance, term or condition applicable to the program. Assistance under this program may be suspended during the pendency of a termination proceeding initiated pursuant to this paragraph: Provided, That the recipient is afforded reasonable notice and opportunity to show cause why such action should not be taken. (2) Proceedings with respect to the termination of a grant shall be initiated by the mailing to the recipient of a notice by certified mail, return receipt requested, informing the recipient of the Government's request for termination and the specific grounds therefor, together with information regarding the time, place, and nature of the hearing and the legal authority and jurisdiction under which the hearing is to be held and such other information with respect to the conduct of such proceedings as the Commissioner may determine. If the Commissioner determines for good cause that suspension of assistance during the pendency of such proceedings is necessary, said notice shall, in addition to the matters described above, inform the recipient of such determination and shall offer the recipient an opportunity to show cause why such action should not be taken. (3) A notice of suspension of assistance shall advise the recipient, in addition to the matters described in subparagraph (2) of this paragraph, that any new expenditures or obligations made or incurred in connection with the program during the period of the suspension will not be recognized by the Government in the event the assistance is ultimately terminated. Expenditures to fulfill legally enforceable commitments made prior to the notice of suspension, in good faith and in accordance with the recipient's approved program or project, and not in anticipation of suspension or termination, shall not be considered new expenditures. (4) Termination of assistance shall be effected by the delivery to the recipient of a final order of termination, signed by the Commissioner or his designee, or upon an initial decision of a hearing examiner becoming final without appeal to or review by the Commissioner. (5) In the event assistance is terminated under this section, financial obligations incurred by the recipient prior to the effective date of such termination will be allowable to the extent they would have been allowable had such assistance not been terminated, except that no obligations incurred during the period in which such assistance was suspended pursuant to subparagraph (1) of this paragraph and no obligations incurred in anticipation of suspension or termination will be allowed. Within 60 days of the effective date of termination of assistance under this section, the recipient shall furnish an itemized accounting of funds expended, obligated, and remaining. Within 30 days of a request therefor, the recipient shall remit to the Government any accounts found due. (b) (1) If the recipient requests an opportunity to show cause why a suspension of assistance pursuant to paragraph (a)(1) of this section should not be continued or imposed, the Commissioner will, within 7 days after receiving such request, hold an informal meeting for such purpose. (2) Hearings respecting the termination of assistance pursuant to this section shall be conducted pursuant to the provisions of the Administrative Procedure Act (5 U.S.C. 554-557), Proposed findings of fact, conclusions of law, and briefs will be submitted to the presiding officer within 20 days of the conclusion of the hearing. (3) The initial decision of a hearing examiner regarding the termination of a grant under the program shall become the decision of the Commissioner without further proceedings unless there is an appeal to, or review on motion of, the Commissioner made in writing no later than 15 days after receipt by the party requesting such appeal or review of the decision of the hearing examiner. A request for appeal or review under this section shall be accompanied by exceptions to the hearing examiner's decision, proposed findings, supporting reasons and briefs. The adverse party shall submit its reply no later than 15 days after the submission of such request for appeal or review. The Commissioner shall issue a final decision in the case of such appeal or review no later than 30 days after the final submission of the above materials by the parties. The Commissioner may delegate his functions under this subparagraph to an appellate review council established and appointed by him. (c) The procedures established by this section shall not preclude the Commissioner from pursuing any other remedies authorized by law. Proceedings pursuant to Part 80 of this title with respect to the eligibility of an applicant for assistance under title VI of the Civil Rights Act (42 U.S.C. 2000d) shall be governed by the regulations in that part and Part 81. (48 U.S.C. 2944) Appendix A [Reserved] Appendix B MEMORANDUM OF UNDERSTANDING BETWEEN THE In anticipation of the delegation of authority to the Department of Health, Education, and Welfare (HEW) by the Office of Economic Opportunity (OEO) for the purpose of developing and carrying out the Emergency School Assistance Program under section 222(a) of the Economic Opportunity Act of 1964, OEO and HEW agree to the following: A. Policy. 1. Subject to the provisions of the delegation instrument, HEW shall develop and carry out programs and projects designed to assist schools or school districts with substantial enrollments of children from low-income families in meeting the emergency transitional needs of such districts incident to the elimination of racial segregation and discrimination among students and faculty in elementary and secondary schools. "Low-income families," as referred to in this agreement, are those families whose incomes fall below OEO's poverty line, as set forth in OEO Instruction 6004-18. 2. Programs and projects assisted by HEW pursuant to the delegation of authority referred to above shall not provide general aid to elementary or secondary education in any school or school system; however, as authorized in section 244 (5) of the Act, special, remedial, and other noncurricular educational assistance may be provided, including the following: (a) The provision of additional professional or other staff members to meet emergency transitional needs and for the training and retraining of school staff members to meet such needs; (b) Remedial and other services to meet the special needs of children in schools which are affected by desegregation plan or plans, including special services for gifted and talented children in such schools; (c) Comprehensive guidance, counseling, and other personal services for pupils; (d) Development of new instructional techniques and materials designed to meet the special needs of children in schools which are affected by desegregation plans; (e) Such repair or minor remodeling or alteration of existing school facilities as may be necessary to meet emergency transitional needs and the lease or purchase of mobile or demountable classroom units or other mobile educational facilities for use in meeting such needs; (f) Community activities, including public education efforts which are designed to meet emergency transition needs and are in support of a plan, program, project, or other activity having the objectives described in paragraph A1 of this agreement; (g) Special administrative activities to meet emergency transitional needs such as the rescheduling of students or teachers, or the provision of information to parents and other members of the general public, incident to the implementation of a desegregation plan; (h) Planning and evaluation activities; and (1) Other specially designed programs or projects which are consistent with the terms of this Agreement and the delegation of authority it implements. 3. In carrying out activities under the delegation of authority referred to above, measures shall be taken to assure compliance with the provisions of section 225 (c) and (d) of the Act relating to non-Federal share and maintenance of effort. In view of the fact that this is an emergency program designed to aid school districts which have for the most part already firmed up their budgets for the coming school year, it is understood that HEW may desire to waive the formal non-Federal share requirements otherwise imposed by section 225(c) and to rely instead on the school districts' general commitment to the purposes of the program. It is understood that these activities will be conducted in compliance with section 614 of the Act which prohibits Federal direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system and with other applicable provisions of such Act. 4. No program developed and carried out under such delegation of authority shall be operated as a replacement for any existing program under other Federal law. B. Administration and coordination. 1. Grants and contracts to carry out programs and projects referred to in this agreement may be made directly to or with public or nonprofit private agencies, organizations or institutions, and contracts to carry out such programs and projects may be made to or with public or private agencies, organizations or institutions. Where feasible, community action agencies will be involved in planning and advisory functions and in the community activities contemplated by paragraph A2(1) of this agreement. 2. Primary authority to initiate policies, regulations, and issuances for such programs and projects shall rest with HEW. OEO and HEW will maintain liaison on proposed policies. 3. HEW shall be responsible for the administration of training and technical assistance grants and contracts, and all other contracts relating exclusively to such programs and projects. 4. HEW shall have the primary responsibility for inspection and audit of grants and contracts made or entered into by HEW in exercising the powers delegated to it by OEO. 5. HEW shall, in consultation with OEO, develop a plan for making a separate allotment of funds under section 225 (b) of the Act which will assure an equitable distribution of assistance among the States for developing and carrying out the programs and projects referred to in this agreement. 6. All operating information evaluation reports, and other data concerning the prothe powers administered under grams delegated to HEW by OEO shall be freely exchanged between the agencies pursuant to section 602 (d) of the Act. Sec. 182.1 182.2 182.3 PART 182-COOPERATIVE Subpart A-General Scope and purpose. Definitions. Application procedures. General provisions. Subpart B-Cooperative Education Programs 182.11 182.12 182.13 Eligible programs. Funding criteria for institutional programs. Maintenance of effort. 182.14 Ineligible expenditures. Subpart C-Training, Demonstration, and 182.21 Eligible grantees and contractors. Funding criteria for training proj ects. 182.23 182.24 Trainee stipends and dependency allowances. 182.25 Funding criteria for research and demonstration projects. 182.26 Reporting requirements. AUTHORITY: Pub. L. 89-329, as amended; 20 U.S.C. 1087a-1087c. SOURCE: 40 FR 20274, May 9, 1975, unless otherwise noted. § 182.1 Subpart A-General Scope and purpose. This part establishes regulations implementing the Cooperative Education Programs (Part IV-D of the Higher Education Act of 1965, as amended). The purpose of this program is to enrich the quality and scope of postsecondary education through educationally related work experiences which afford a student an opportunity to earn funds needed for his education while becoming better prepared for his educational or career objectives. In order to achieve this purpose, the Commissioner of Education is authorized to make grants to institutions of higher education for planning, establishing, expanding, or carrying out programs of cooperative education and to make grants or to enter into contracts for training, research, or demonstration projects for cooperative education. (20 U.S.C. 1087a, 1087b, and 1087c) § 182.2 Definitions. As used in this part 8 "Cooperative education" means course of study at an institution of higher education under which full-time students enrolled in the institution undertake, as a prescribed program of study, full-time academic study for specified periods of time in sequence with at least two separate periods of full-time educationally related work experience in government, industry, business, or social or educational agencies, for a specified period of time of not less than one week for each period. "Full-time educationally related work experience" means employment or service in which a student undertakes activities which: (a) Are related to the student's educational, professional, or career objectives; (b) Are incorporated, as a regular and essential feature of the student's education, into the academic curriculum of the institution's cooperative education program through enrollment of the student during the work experience and through efforts to promote interaction between the student's work experience and his academic study; (c) Provide for compensation to the student by the employer at the prevailing rate for other employees in comparable positions; provided, however, that an exception may be made for a student who chooses to work for a social or educational agency without pay or at a rate less than the prevailing rate for comparable full-time employees; and (d) Require the student to be present on the job for the same number of hours, or otherwise spend the same amount of time, as the employer has established as full-time employment for purposes other than programs under this part. "Full-time student" means a student who is carrying a full-time academic work load, other than by correspondence, measured in terms of (a) the tuition and fees customarily charged for full-time study by the institution and (b) the course work or other required activities as determined by the institution in which the student is enrolled. "Institution of higher education" or "institution" means an institution of higher education as defined in sections 491(b) and 1201(a) of the Higher Education Act of 1965, as amended. The term includes any school of nursing and any proprietary institution of higher education which has an agreement with the Commissioner containing such terms and conditions as the Commissioner requires to ensure that the availability of assistance to students at that institution under Title IV of the Act has not resulted, and will not result, in an increase in the tuition, fees, or other charges to such student. "Combination of institutions of higher education" means a group of institutions that have entered into a cooperative arrangement for the purposes of carrying out a mutual objective in the field of cooperative education or a public or private nonprofit agency or organization designated or created by such group of institutions for the purpose of carrying out a common objective on their behalf. (20 U.S.C. 1087a-1087c) § 182.3 Application procedures. (a) Cooperative education programs. An applicant desiring to receive a grant to plan, establish, expand, or carry out a cooperative education program under Subpart B shall submit an application on a form provided by the Commissioner by the closing date established annually by the Commissioner and published in the FEDERAL REGISTER. (b) Training, research, and demonstration projects. Any proposal for a grant or contract for a research, demonstration, or training project under Subpart C shall be submitted by the closing date established annually by the Commissioner in the FEDERAL REGISTER and shall set out in narrative form the specific objectives to be attained, the applicant's experience and ability to attain the proposed objectives, and a proposed budget to carry out the project. § 182.4 General provisions. Assistance provided under this part is subject to applicable provisions contained in Subchapter A of this chapter (relating to fiscal, administrative, property management, and other matters). (20 U.S.C. 1087b, 1087c; 45 CFR 100a, 38 FR Subpart B-Cooperative Education § 182.11 Eligible programs. (a) Grants may be awarded under this subpart to institutions of higher education for the purpose of planning, establishing, expanding or carrying out a program of cooperative education as defined in § 182.2. (b) An institution may not receive annual grants under this subpart for more than three fiscal years. (c) Grants awarded to any institution under this subpart shall not exceed $75,000 in any fiscal year. (20 U.S.C. 1087b) § 182.12 Funding criteria for institutional programs. The Commissioner shall evaluate applications under this subpart in accord both with the criteria set out in § 100a.26(b) of this chapter and with the following: (a) The extent to which the proposed program gives evidence of: (1) Comprehensive and in-depth planning; (2) Direct liaison between the institution and the student's employing agency; (3) Supervision by the institution of the placement of students in educationally related work experience; (4) Securing by the institution of an adequate number of employment opportunities; (5) Provision of adequate guidance and counseling by the institution; and (6) Efforts by the institution to promote interaction between the student's work experience and his academic study; (b) Whether the period of educationally related work experience is of sufficient duration to make a significant contribution toward meeting the student's educational and career goals; (c) The extent to which the proposal reflects institutional commitment to cooperative education as evidenced by: (1) The involvement of administrators, trustees, faculty, students, prospective employers, and cooperative education specialists; (2) The establishment of procedures for making curriculum and calendar changes needed to reflect the particular needs of students participating in the cooperative education program; and (3) The articulation of a cooperative education philosophy appropriate to the needs and characteristics of the institution; and (d) The extent to which the program proposal demonstrates an awareness of the particular needs with respect to cooperative education of disadvantaged and handicapped students. (20 U.S.C. 1087b) programs assisted under the grant at a level not less than it expended from sources other than Title IV-D of the Higher Education Act on such program or programs during the fiscal year preceding such grant. (20 U.S.C. 1087b (b) (2)) § 182.14 Ineligible expenditures. (a) Assistance provided under this subpart shall not be used for: (1) Compensating any student for his educationally related work experience or providing financial assistance to any student to meet the costs of his education; (2) Compensating any person serving in a cooperative education program, in an administrative or clerical position, if such person is receiving payment for services on a full-time basis during the same period under another Federal grant or contract; (3) Purchasing or leasing equipment, unless specifically authorized by the Commissioner; (4) Purchasing or leasing land or purchasing, leasing, constructing, or improv ing any building. (20 U.S.C. 1087b) (b) Assistance provided under this subpart shall not be used for any program which involves sectarian training or which is intended primarily to prepare students to be ministers or teachers of theological subjects. (20 U.S.C. 1087a, 1087b) § 182.15 Records and reports. (a) An institution receiving a grant under this subpart shall make such reports and shall keep such records as the Commissioner may require and shall afford access to such records on the part of the Commissioner at any reasonable time. (b) The institution shall submit a performance report within 60 days after the conclusion of the grant period. (20 U.S.C. 1087b) Subpart C-Training, Demonstration and Research Projects § 182.21 Eligible grantees and con tractors. The following agencies are eligible to receive awards for projects under this subpart: (a) Grantees. Institutions of higher education, combinations of such institutions, and, when the Commissoner determines that such grant will make an |