(Sec. 103(a)(1)(B); Secs. 171 through 195; 20 U.S.C. 2303, 2401 et seq.)

§ 408.2 Purpose.

The purpose of Part 408 is to set forth the regulations which govern the Secretary's discretionary programs of grants and contracts for vocational education.

(Secs. 171 through 195; 20 U.S.C. 2401 et seq.)

§ 408.3 Definitions.

The definitions common to all parts of the Act are contained in section 195 of the Act. These definitions and additional definitions necessary for the State vocational education programs are set forth in Appendix A of Part 408. Definitions necessary only for Part 408 are set forth in this Part 408 in the subparts in which they apply. (Sec. 195; 20 U.S.C. 2461)

§ 408.4 Regulations that apply to the Secretary's Discretionary Programs of Vocational Education.

(a) Regulations. The following regulations apply to the Secretary's Discretionary Programs of Vocational Education.

(1) (i) For Subparts 1, 2, 4, and 5the Education Department General Administrative Regulations (EDGAR) in 34 CFR Part 75 (Direct Grant Programs) and Part 77 (Definitions).

(ii) For Subpart 3-EDGAR 34 CFR Part 77 only.

(2) The regulations in this Part 408. (b) How to use regulations; how to apply for funds. The "Introduction to Regulations of the Department" at the beginning of EDGAR includes general information to assist in—

(1) Using regulations that apply to Department programs; and

(2) Applying for assistance under a Department program.

(20 U.S.C. 1221e-3(a)(1))

[45 FR 22530, Apr. 3, 1980. Redesignated at 45 FR 86301, Dec. 30, 1980; 46 FR 3207, Jan. 14, 1981]

§ 408.102 National center for research in vocational education.

(a) The Secretary will support a national center for research in vocational education. The center (a nonprofit agency) will be chosen once every five years. The Secretary will appoint an advisory committee to assist the center. The center shall have such research locations, including contracts with one or more regional research centers, as shall be determined by the Secretary after consultation with the national center and its advisory committee taking into consideration the vocational education research resources available, geographical area to be served, and the schools, programs, projects, and students and areas to be served by research activities.

(b) The center shall directly or through other public agencies:

(1) Conduct applied research and development on problems of national significance in vocational education;

(2) Provide leadership development through an advanced study center and in-service education activities for State and local leaders in vocation education;

(3) Disseminate the results of research and development projects funded by the center;

(4) Develop and provide information to facilitate national planning and policy development in vocational education;

(5) Act as a clearinghouse for information on projects supported by the States and the Secretary and compile an annotated bibliography of research, exemplary and innovative projects,

and curriculum development projects assisted with funds made available under this Act since July 1, 1970; and (6) Work with States, local educational agencies, and other public agencies in developing methods of evaluating programs, including the follow-up studies of program completers and leavers required by section 112 of the Act, so that these agencies can offer job training programs which are more closely related to the types of jobs available in their communities, regions, and States.

(Sec. 171(a)(2); 20 U.S.C. 2401)

§ 408.103 Armed services curriculum materials.

The Secretary will make contracts to convert to use in local educational agencies, private nonprofit schools, and other public agencies curriculum materials involving job preparation which have been prepared for use by the armed services of the United States.

(Sec. 171(b)(3); 20 U.S.C. 2401)

§ 408.104 Authorized activities.

(a) The Secretary will support projects of national significance for improvement of vocational education. The projects include the following activities as authorized in sections 131 through 136 of the Act:

(1) Research (section 131 of the Act); (2) Exemplary and innovative programs (section 132 of the Act);

(3) Curriculum development (section 133 of the Act);

(4) Vocational guidance and counseling (section 134 of the Act);

(5) Vocational education personnel training (section 135 of the Act); and

(6) Grants to assist in overcoming sex bias and sex stereotyping (section 136 of the Act).

(b) Functions under the above may include: Applied research and development; experimental and pilot programs; curriculum revision and development; demonstration, dissemination, and utilization of research and development products; personnel training; and evaluation.

(Secs. 131 through 136, 171(a)(1); 20 U.S.C. 2351-56, 2401)

§ 408.105 Eligible applicants.

(a) Eligible applicants for project support include:

(1) Public organizations, institutions, and agencies;

(2) Nonprofit and profit-making private organizations, institutions, and agencies; and

(3) Individuals.

(b) Profit-making private organizations, institutions, and agencies, and individuals are eligible for contracts only.

(c) Eligible applicants for the national center for research in vocational education include nonprofit agencies only.

(Interprets Sec. 171; 20 U.S.C. 2401)

§§ 408.106-408.107 [Reserved]

§ 408.108 Improved teaching techniques or curriculum materials.

The Secretary will not make a grant pursuant to § 408.104 unless the applicant can demonstrate a reasonable probability that the grant will result in improved teaching techniques or curriculum materials that will be used in a substantial number of classrooms or other learning situations within five years after the termination date of the grant.

(Sec. 171(b)(1); 20 U.S.C. 2401)

§ 408.109 Exemplary and innovative projects.

(a) (1) The Secretary makes a contract for an exemplary and innovative project only if the project provides for the participation of students enrolled in nonprofit private schools, to the extent that the educational needs of those students is of the type that the project is to meet.

(2) Section 75.680 of the EDGAR references the regulations that govern the participation of those students.

(b) The contract shall provide that the Federal funds will not be commingled with State or local funds.

(Sec. 171(b)(2); 20 U.S.C. 2401)

[42 FR 53828, Oct. 3, 1977, as amended at 45 FR 22530, Apr. 3, 1980. Redesignated at 45 FR 86301, Dec. 30, 1980; 46 FR 3207, Jan. 14, 1981]

§ 408.110 Selection criteria.

The Secretary uses the criteria in this section to evaluate applications for new awards. The maximum score for all of the criteria is 100 points.

(a) Plan of operation. (Maximum 34 points)

(1) The Secretary reviews each application for information that shows the quality of the plan of operation for the project.

(2) The Secretary looks for information that shows

(i) High quality in the design of the project;

(ii) An effective plan of management that insures proper and efficient administration of the project;

(iii) A clear description of how the objectives of the project relate to the purpose of the program;

(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and

(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented, such as—

(A) Members of racial or ethnic minority groups;

(B) Women;

(C) Handicapped persons; and (D) The elderly.

(b) Quality of key personnel. (Maximum 8 points)

(1) The Secretary reviews each application for information that shows the quality of the key personnel the applicant plans to use on the project. (2) The Secretary looks for information that shows

(i) The qualifications of the project director (if one is to be used);

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

(iii) The time that each person referred to in paragraphs (b)(2) (i) and (ii) of this section plans to commit to the project; and

(iv) The extent to which the applicant, as part of is nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

(B) Women;

(C) Handicapped persons; and (D) The elderly.

(3) To determine the qualifications of a person, the Secretary considers evidence of past experience and training, in fields related to the objectives of the project, as well as other information that the applicant provides.

(c) Budget and cost effectiveness. (Maximum 7 points)

(1) The Secretary reviews each application for information that shows that the project has an adequate budget and is cost effective.

(2) The Secretary looks for information that shows

(i) The budget for the project is adequate to support the project activities; and

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

(d) Evaluation plan. (Maximum 7 points)

(1) The Secretary reviews each application for information that shows the quality of the evaluation plan for the project.

CROSS-REFERENCE: 34 CFR 75.590 Evaluation by the grantee.

(2) The Secretary looks for information that shows methods of evaluation that are appropriate for the project and, to the extent possible, are objective and produce data that are quantifiable.

(e) Adequacy of resources. (Maximum 3 points)

(1) The Secretary reviews each application for information that shows that the applicant plans to devote adequate resources to the project.

(2) The Secretary looks for information that shows

(i) The facilities that the applicant plans to use are adequate; and

(ii) The equipment and supplies that the applicant plans to use are adequate.

(f) National need. (Maximum 15 points). The need section clearly

(1) Describes the national need in vocational education for the proposed project;

(2) Indicates specifically who or what will be helped; and

80-113 0-82--5

(3) Describes the problem rather than symptoms of the problem.

(g) Literature review. (Maximum 5 points). The literature review is sufficiently comprehensive to

(1) Establish the basis for the problem;

(2) Describe the problem in contrast to the symptoms of the problem;

(3) Provide a strong conceptual framework for the proposed objectives and proposed plan, including the general design and specific procedures of the proposed plan, along with the management, evaluation, dissemination, and training procedures, when appropriate; and

(4) Describe what has been done previously to alleviate the problem and point out the gaps that will be alleviated by this specific proposed work.

(h) Results, end products, outcomes, and dissemination. (Maximum 9 points). The application clearly describes:

(1) What will be delivered to the government.

(2) The format in which the results, products, or outcomes will be delivered to the government.

(i) Institutional capability and commitment. (Maximum 4 points). The application provides adequate evidence of

(1) Institutional or individual's experience and commitment to the proposed work; and

(2) Assurance of support from cooperating agencies, local educational agencies, postsecondary institutions, business, industry, and labor, where applicable for successful implementation of the project.

(j) Sex bias and stereotyping. (Maximum 8 points). The application provides appropriate plans to eliminate sex bias and stereotyping in the proposed results, end products, and outcomes, and the proposed dissemination plans.

(20 U.S.C. 2401)

[46 FR 5382, Jan. 19, 1981]

§ 408.111 Additional application review factors.

In addition to the criteria listed in § 408.110, the Secretary may utilize factors such as the following in

The purpose of the program for Indian tribes and Indian organizations is for the Secretary, at the request of an Indian tribe, to make a contract or contracts directly with Indian tribal organizations, with funds available under section 103(a)(1) of the Act, to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the Act, particularly section 103(a)(1)(B)(iii) of the Act.

(Sec. 103(a)(1); 20 U.S.C. 2303)

§ 408.202 Applicability of the Indian SelfDetermination Act of 1975.

(a) Any contract entered into under this subpart is subject to the provisions of sections 4, 5, 6, 7(b) and 102 of the "Indian Self-Determination and Education Assistance Act of 1975," Pub. L. 93-638.

(b) Regulations implementing the above sections of the Indian Self-Determination and Education Assistance Act, Title 25 of the Code of Federal Regulations, §§ 271.44, 271.46, 271.47, and 271.50 are applicable to the extent that they are relevant and practicable.

(c) Whenever the term "Secretary of the Interior" is used, in the Indian Self-Determination and Education Assistance Act, the term means, for the purposes of this subpart, "Secretary." (Sec. 103(a)(1)(B)(iii); 20 U.S.C. 2303; 25 U.S.C. 450a, et seq.)

tablished pursuant to the Alaska Native Claims Settlement Act which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.

(b) “Tribal organization” means the recognized governing body of any Indian tribe or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by the organization and which includes the maximum participation of Indians in all phases of its activities.

(25 U.S.C. 450b)

§ 408.204 Competitive awards.

The Secretary makes awards competitively except to the extent that appropriate sections of the Indian SelfDetermination and Education Assistance Act of 1975 apply or to the extent that more specific regulations in this subpart apply.

(Sec. 103(a)(1)(B)(iii); 20 U.S.C. 2303; 25 U.S.C. 450e(b))

[45 FR 22530, Apr. 3, 1980. Redesignated at 45 FR 86301, Dec. 30, 1980; 46 FR 3207, Jan. 14, 1981]

§ 408.205 Eligible applicants.

An Indian tribal organization of an Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination and Education Assistance Act of 1975 or under the Act of April 16, 1934, is eligible for assistance contracts.

(Sec. 103(a)(1)(B)(iii); 20 U.S.C. 2303; 25 U.S.C. 450f)

§ 408.206 Applications for assistance contracts.

An application from an eligible tribal organization must be submitted to the Secretary by the Indian tribe. An application which serves more than one Indian tribe shall be approved by each tribe to be served in the application.

(Sec. 103(a)(1)(B)(iii); Pub. L. 93-638; 20 U.S.C. 2303; 25 U.S.C. 450b(c))

[42 FR 53828, Oct. 3, 1977, as amended at 45 FR 22531, Apr. 3, 1980. Redesignated at 45 FR 86301, Dec. 30, 1980; 46 FR 3207, Jan. 14, 1981]

§ 408.207 Review for duplication of effort.

An applicant shall submit a copy of the application directly to the Secretary of the Bureau of Indian Affairs and the State board at the same time it submits an application to the Department in order to avoid duplication of funding.

(Implements Sec. 103(a)(1)(B)(iii); 20 U.S.C. 2303)

§ 408.208 No cost sharing.

No cost sharing by the applicant is required.

(Implements Sec. 103(a)(1)(B)(iii); 20 U.S.C. 2303)

§§ 408.209-408.210 [Reserved]

§ 408.211 Technical review criteria.

The following criteria will be utilized in reviewing applications. These criteria are consistent with 45 CFR 100a.26(b), Review of Applications, in the General Provisions for Department Programs. A segment or segments of an application should address each criterion. Each criterion is weighted and includes the maximum score that can be given to an application in relation to the criterion. The maximum aggregate score for the criteria is 100 points, and the maximum weight for each criterion is listed below in parentheses. Points will be awarded to the extent that evidence in the application satisfies each criterion. The review of these criteria shall constitute the basis for the Secretary to enter or decline to enter into a contract with an eligible applicant. If the review of any application results in no recommendation to fund (where funds are available), this will mean that it is not satisfactory, as that term is used in the Indian Self-Determination Act (section 102). Applications must receive a minimum of 30 points to be considered for funding.

(25 U.S.C. 450f)

(a) Program improvement. (Maximum 15 points.) The application fo