provide comparability with commercial station coverage.

Priority II. A. Projects to establish public radio stations in areas currently without a public radio station (either through the activation of new stations, the purchase of existing commercial stations, or the expansion of existing low power stations) to serve populations of less than 250,000.

B. Projects to establish, in major population centers where one or more public radio stations already provide service, full service public radio stations which will provide a broadened program service designed for special interest, minority, and educational uses. C. Projects to acquire transmitter/antenna apparatus necessary to increase power or otherwise extend or improve station coverage where the increase in population served does not justify inclusion in Category ID.

D. Projects to augment production and reproduction capabilities of local stations beyond the basic or initial capability. Such proposals will require documentation of local live production requirements in excess of existing capability.

Priority III. A. Projects to provide production capability for stations providing program services beyond their local requirements for distribution over national, regional, and statewide interconnection. (To qualify in this category, a project justification must be verified by production commitment from recognized national, regional, or State network program clients supporting such production need; the applicant must demonstrate the inability of presently owned apparatus to meet production requirements; and the apparatus requested may not exceed the reasonable requirements of the verified production commitments.)

B. Projects to equip auxiliary studios at other than the main studio.

C. Projects to acquire apparatus for the interconnection of public radio stations in a State network (or a particular geographical region across State lines) where applicant ownership of interconnection facilities can be fully justified as advantageous in comparison with leasing of interconnection services.

(47 U.S.C. 392(d), 394; 45 CFR 153.12)

Sec.

PART 154-EDUCATIONAL

OPPORTUNITY CENTERS

154.1 Scope and purpose. 154.2 Definitions.

154.3 Eligible applicants. 154.4 Eligible persons.

154.5 Applications.

154.6 Funding criteria. 154.7 Program activities.

§ 154.1 Scope and purpose.

(a) The purpose of this part is to provide Federal support of up to 75 percent for the establishment and operation of Educational Opportunity Centers to be located in areas with major concentrations of low-income persons. The Centers will serve as clearinghouses for information concerning financial and academic support available at institutions of higher education, sources of assistance in applying for admittance to such schools including the preparation of detailed documentation for use by admissions and financial aid officers, and will provide counseling, tutorial and other necessary services to students enrolled in such institutions. The Centers will also serve as recruiting and counseling pools to coordinate resources and staff efforts of institutions of higher education and of other institutions offering programs of postsecondary education, in admitting educationally disadvantaged persons.

(b) Assistance provided under this part is subject to applicable provisions of the Office of Education General Provisions contained in Subchapter A of this chapter (relating to fiscal, administrative, and other such matters). (20 U.S.C. 1070d-1)

§ 154.2 Definitions.

As used in this part: "Combination

of institutions of higher education" means either (1) a group of institutions of higher education that have entered into a cooperative arrangement for the purpose (although not necessarily the exclusive purpose) of establishing and operating an Educational Opportunity Center, or (2) a public or private agency, desig

30-119 0-79-3

nated or created by a group of institutions of higher education for that purpose (although not necessarily for that exclusive purpose).

"Institution of higher education" means an educational institution in any State which meets the requirement set forth in sections 491 or 1201(a) of the Higher Education Act of 1965, as amended.

"Physically handicapped students" means those students who, because of their physical disabilities, need specifically designed instructional materials or programs, modified physical facilities, or related services to fully participate in the experience and opportunities offered by postsecondary institutions.

"State" means in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(20 U.S.C. 1070d-1, 1088, 1141)

§ 154.3 Eligible applicants.

(a) (1) Institutions of higher education, combinations of such institutions, public and private agencies and organizations (including professional and scholarly associations), and, in exceptional cases secondary schools and secondary vocational schools are eligible to receive funds under this part to establish and operate an Educational Opportunity Center.

(2) A combination of institutions receiving a grant or contract under this part shall vest responsibility for the administration of that grant or contract in one of its participating institutions or in a public or private nonprofit agency established by the combination for that purpose.

(b) A secondary school or a secondary vocational school may receive funds under this part if that school is coordinating the recruiting and counseling efforts of institutions of higher education in the area to be served by the Center.

(20 U.S.C. 1070d-1)

§ 154.4 Eligible persons.

An Educational Opportunity Center shall make its services available to all persons desiring to pursue or pursuing a program of postsecondary education who reside within the geographic area served by the Center, except that such a person must be a citizen or national of the United States, in the United States for other than a temporary purpose with the intent to become a permanent resident thereof, or a permanent resident of the Trust Territory of the Pacific Islands.

(20 U.S.C. 1070d-1)

§ 154.5 Application3.

(a) Applications shall be submitted in such form and contain such information as the Commissioner may from time to time prescribe, but shall include the following:

(1) A description of the geographic area to be served by the Center including those demographic factors which would justify defining the area as one having a major concentration of lowincome persons;

(2) An estimate of the number of students to be served;

(3) A description of the activities to be carried out by the Center;

(4) The resources available to the applicant to carry out the above activities;

(5) An estimate of the costs involved and sources of the non-Federal share; (6) A description of the staff of the Center including their experience with and commitment to the educational goals of educationally disadvantaged students; and

(7) A description of the role and function within the Educational Opportunity Center of Talent Search and Special Services for Disadvantaged Students Programs and other similar programs and services being offered disadvantaged and physically handicapped students in the service area.

(b) Where the applicant is a combination of institutions of higher education, the applicant shall describe the role and function that each member of the combination will play in the operation of the Center, and shall include written commitments from each insti

tution that it will perform the activities ascribed to it.

(c) The Commissioner will from time to time establish cutoff dates for the filing of applications.

(20 U.S.C. 1070d-1)

§ 154.6 Funding criteria.

(a) Continuation awards. Priority will be given to a request for funds to continue the operation of a Center that (1) received funds in a prior fiscal year and (2) was approved for a multiyear work period that has not expired. (continuation award)

(b) Conditions for approval. Requests for continuation awards will be approved only if (1) the need continues to exist for the services provided by the Center;

(2) Satisfactory progress has been made in implementing the approved work plan and in achieving the Center's goals and objectives, as indicated by site visits, progress reports, and other relevant data;

(3) The Center continues to offer promise of success in providing information to residents of the target area on the variety of postsecondary options available, increasing the rate at which persons from the target area enroll in postsecondary educational institutions, and improving the rate at which enrolled students from the target area remain in and complete programs of postsecondary education;

(4) All required reports, including data collections reports and quarterly performance and fiscal reports, have been received and accepted by the Commissioner; and

(5) Funds are available to continue the Center.

(c) New awards. Except as provided in paragraphs (a) and (b) of this section, the Commissioner will select applicants to be funded under this part on the basis of the criteria set forth in § 100a.26(b) of this chapter, as well as the following additional criteria:

(1) The degree to which services are needed to enhance access to postsecondary education, as indicated by (i) the number of secondary and postsecondary students and other persons residing in the area; (ii) the number of lowincome families in the target area; (iii)

a

the historical rate of participation in postsecondary education by residents in the area; and (iv) the number of persons to be served by the Center; (2) The extent to which the applicant has successfully operated Center comparable or identical to those authorized under this part. If that Center was not funded under the Educational Opportunity Centers Program, the applicant shall provide a description of that Center, including the number of low-income persons served and the kinds of services offered, the number of persons enrolled in and graduated from postsecondary institutions as the result of services offered, and the percentage of increase in postsecondary enrollment and graduation by residents of the area served.

(3) The comprehensiveness of the applicant's plan for carrying out the activities under § 154.7 and the extent to which these activities will result in increased enrollment and retention in and graduation of low-income, educationally disadvantaged persons from postsecondary institutions;

(4) The qualifications of the proposed staff and the extent to which the staff has experience in dealing with low-income and physically handicapped persons;

(5) The extent to which representatives from the community, secondary schools, and postsecondary schools have participated in the formulation of the proposal and will participate in the operation of the Center;

(6) The extent to which all members of a consortia will make resources available and participate in the activities of the Center to reach the goals and objectives of the proposed work program;

(7) The extent of the Center's relationship to Talent Search, Upward Bound, and Special Services for Disadvantaged Students projects in the area and to such other similar programs and services, including those for the physically handicapped, in terms of (i) coordinating services to individuals who participate in more than one such program; (ii) providing services not otherwise available from Talent Search, Upward Bound, and Special Services projects and other similar

programs; and (iii) avoiding duplication of services;

(8) The degree to which the Center will draw upon and coordinate the resources and staff efforts of institutions of higher education and postsecondary education in admitting lowincome, educationally disadvantaged persons.

(9) The reasonableness of the allocation of resources among the Center's required activities; and

(10) The reasonableness of the cost for operating the Center.

(d) Geographic consideration. The Commissioner will award grants or contracts to insure that major concentrations of low-income persons, in both urban and rural areas, will be represented among the areas served by Centers.

(20 U.S.C. 1070d-1)

[41 FR 19949, May 14, 1976]

§ 154.7 Program activities.

An Educational Opportunity Center shall:

(a) Collect and disseminate information regarding available financial and academic assistance to persons in the service area desiring to pursue a program of postsecondary education;

(b) Provide counseling on career opportunities to such persons;

(c) Assist such persons in preparing applications and other necessary materials for admission to institutions of higher education and for financial assistance at such institutions;

(d) Identify those persons in the service area with an interest in pursuing a postsecondary education and encourage them to continue or resume their educational careers;

(e) Provide counseling, tutorial and other necessary assistance to students who are resident in the area and are enrolled in institutions of higher education to permit them to continue attending such institutions;

(f) Identify and coordinate existing public and private programs for disadvantaged, including physically handicapped, students in the field of postsecondary education in the area served by the Center;

(g) Serve as a clearinghouse for information on counseling and tutoring

techniques effective with students from educationally deprived backgrounds; and

(h) Serve as recruiting and counseling pools so as to coordinate resources and staff efforts of institutions of higher education and of other institutions offering programs of postsecondary education, in admitting educationally disadvantaged persons. The Center shall develop inter-institutional relationships to carry out this function.

(20 U.S.C. 1070d-1)

§ 154.8 Low-income families.

In determining whether an area to be served under this part qualifies as an area with a major concentration of low-income families the Commissioner will utilize the low-income family level set forth in the "Current Population Reports," Series P-60, Bureau of the Census, U.S. Department of Com

merce.

(20 U.S.C. 1070d-1)

§ 154.9 Project staff.

(a) Each Center funded under this part shall be administered by a project director who shall serve in that position on a full time basis; and

(b) The staff members of such Centers shall, to the extent practicable, reflect the ethnic/racial composition of the area served.

(20 U.S.C. 1070d-1)

§ 154.10 Community involvement.

Representatives of the community as well as local educational agencies and institutions of higher education in the area to be served by a Center shall participate in the formulation of applications for the establishment of such Centers and shall serve in an advisory capacity in the operation of such Centers.

(20 U.S.C. 1070d-1)

§ 154.11 Allowable costs.

(a) The Commissioner will pay up to 75 percent of the costs reasonably related to the establishment and operation of Educational Opportunity Centers.

155.14 Travel. 155.15

Coordination of administration with other programs authorized by Title IVA-4 of the Act.

AUTHORITY: Secs. 417A-417B, Title IV of the Higher Education Act of 1965 as amended by sec. 131(b), Title I, Pub. L. 92-318, 86 Stat. 258-259 (20 U.S.C. 1070d-1070d-1), Sec. 124(b), Title 1, Pub. L. 94-482, unless otherwise noted.

SOURCE: 42 FR 26536, May 24, 1977, unless otherwise noted.

§ 155.1 Scope and purpose-general provisions.

(a) The regulations in this part govern the administration of the Upward Bound Program. Services provided under this program are designed to assist in enabling youths from lowincome families who have academic potential, but who may lack adequate secondary school preparation, who may be physically handicapped, or who may be disadvantaged because of severe rural isolution, to enter, contin

ue, or resume programs of postsecondary education. Projects under this program shall generate skills and motivation necessary for success in education beyond high school. Upward Bound projects provide a summer residential program during which participants receive (1) intensive instruction in basic academic skills, such as reading, public speaking and writing, mathematics and science, (2) guidance and counseling with regard to educational and career opportunities, and (3) a comprehensive counseling and enrichment program for the purpose of developing creative thinking, effective expression and positive attitudes toward learning. Such projects also provide, during the school year, tutoring and counseling services. The goal of the program and projects funded under this part is to increase the academic performance and motivational levels of eligible enrollees so that such persons may complete secondary school and successfully pursue postsecondary educational programs.

(b) Assistance provided under this part is subject to applicable provisions contained in subchapter A of this chapter relating to fiscal, administrative, and other matters (General Provisions for Office of Education Programs-45 CFR 100a).

(20 U.S.C. 1070d-1070d-1)

§ 155.2 Definitions.

For the purpose of this part:

(a) "Act" means the Higher Education Act of 1965, as amended. (20 U.S.C. 1001 et seq.)

(b) "Academic potential" means a capacity for success in postsecondary education which is documented by standardized measurement instruments or other verifiable indicators such as written recommendations from professional educators, counselors or employers.

(20 U.S.C. 1070d-1)

(c) "Combination of institutions of higher education" means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective or a public or