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work-study jobs for students attending institutions of higher education over the amount expended by such State for such grants or work-study jobs, if any, during the second fiscal year preceding the fiscal year in which such State initially received funds under this subpart;

(7) provides that, if the institution's allocation under this subpart is based in part on the financial need demonstrated by students attending the institution less than full time, a reasonable proportion of the institution's allocation shall be made available to such students;

(8) provides for State expenditures under such program of an amount not less than the average annual aggregate expenditures for the preceding three fiscal years or the average annual expenditure per full-time equivalent student for such years;

(9) provides (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State agency under this subpart, and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform his functions under this subpart; and

(10) for any academic year beginning after June 30, 1987, provides the non-Federal share of the amount of student grants or workstudy jobs under this subpart through a direct appropriation of State funds for the program under this subpart.

(c) Reservation and disbursement of allotments and reallotments

Upon his approval of any application for a payment under this subpart, the Secretary shall reserve from the applicable allotment (including any applicable reallotment) available therefor, the amount of such payment, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share of the cost of the students' incentive grants or work-study jobs covered by such application. The Secretary shall pay such reserved amount, in advance or by way of reimbursement, and in such installments as the Secretary may determine. The Secretary may amend the reservation of any amount under this section, either upon approval of an amendment of the application or upon revision of the estimated cost of the student grants or work-study jobs with respect to which such reservation was made. If the Secretary approves an upward revision of such estimated cost, the Secretary may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval.

(Pub. L. 89-329, title IV, § 415C, as added Pub. L. 99-498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1333.)

PRIOR PROVISIONS

A prior section 1070c-2, Pub. L. 89-329, title IV, § 415C, as added Pub. L. 92-318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 256, and amended Pub. L. 94-482, title I, § 123(b), Oct. 12, 1976, 90 Stat. 2094; Pub. L. 95-43, § 1(a)(6), June 15, 1977, 91 Stat. 213;

Pub. L. 95-566, § 3, Nov. 1, 1978, 92 Stat. 2403; Pub. L. 96-374, title IV, § 404(c), title XIII, § 1391(a)(1), (2), Oct. 3, 1980, 94 Stat. 1407, 1503, related to payment of grants to States for State student incentives, prior to the general revision of this part by Pub. L. 99-498.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1070c-1, 1070c-3 of this title.

§ 1070c-3. Administration of State programs; judicial review

(a) Disapproval of applications; suspension of eligibility

(1) The Secretary shall not finally disapprove any application for a State program submitted under section 1070c-2 of this title, or any modification thereof, without first affording the State agency submitting the program reasonable notice and opportunity for a hearing.

(2) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a State program approved under this subpart, finds

(A) that the State program has been so changed that it no longer complies with the provisions of this subpart, or

(B) that in the administration of the program there is a failure to comply substantially with any such provisions,

the Secretary shall notify such State agency that the State will not be regarded as eligible to participate in the program under this subpart until he is satisfied that there is no longer any such failure to comply.

(b) Review of decisions

(1) If any State is dissatisfied with the Secretary's final action with respect to the approval of its State program submitted under this subpart or with his final action under subsection (a) of this section, such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action.

(2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(3) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, section 1254.

(Pub. L. 89-329, title IV, § 415D, as added Pub. L. 99-498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1335.)

95-008 8911 (Vol. 8): QL3

PRIOR PROVISIONS

A prior section 1070c-3, Pub. L. 89-329, title IV, § 415D, as added Pub. L. 92-318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 257, and amended Pub. L. 96-374, title XIII, § 1391(a)(1), (2), Oct. 3, 1980, 94 Stat. 1503, related to administration of State programs and judicial review, prior to the general revision of this part by Pub. L. 99-498.

§ 1070c-4. "Community service" defined

For the purpose of this subpart, the term "community service" means services, including direct service, planning, and applied research which are identified by an institution of higher education, through formal or informal consultation with local nonprofit, governmental, and community-based organizations, and which—

(1) are designed to improve the quality of life for community residents, particularly lowincome individuals, or to solve particular problems related to the needs of such residents, including but not limited to, such fields as health care, child care, education, literacy training, welfare, social services, public safety, crime prevention and control, transportation, recreation, housing and neighborhood improvement, rural development, and community improvement; and

(2) provide participating students with work-learning opportunities related to their educational or vocational programs or goals. (Pub. L. 89-329, title IV, § 415E, as added Pub. L. 99-498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1336, and amended Pub. L. 100-50, § 5, June 3, 1987, 101 Stat. 340.)

PRIOR PROVISIONS

A prior section 1070c-4, Pub. L. 89-329, title IV, § 415E, as added Pub. L. 94-482, title I, § 123(c)(3), Oct. 12, 1976, 90 Stat. 2094, and amended Pub. L. 95-43, § 1(a)(7), June 15, 1977, 91 Stat. 213, which related to a program of bonus allotments, was repealed by Pub. L. 96-374, title IV, § 404(d), Oct. 3, 1980, 94 Stat. 1407, eff. Oct. 1, 1980.

AMENDMENTS

1987-Par. (1). Pub. L. 100-50 substituted "literacy" for "literary".

EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title.

SUBPART 4-SPECIAL PROGRAMS FOR STUDENTS FROM DISADVANTAGED BACKGROUNDS SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 1070, 1070d-2, 1090 of this title.

§ 1070d. Program authority; authorization of appropriations

(a) Grants and contracts authorized

The Secretary shall, in accordance with the provisions of this subpart, 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 pur

suing programs of postsecondary education, and to train individuals serving or preparing for service in programs and projects so designed. (b) Eligible grant and contract recipients

(1) For the purposes described in subsection (a) of this section, the Secretary is authorized, without regard to section 5 of title 41, to make grants to, and contracts with, institutions of higher education, public and private agencies and organizations, and, in exceptional circumstances, secondary schools for planning, developing, or carrying out one or more of the services assisted under this subpart.

(2) In making grants and contracts under this subpart, the Secretary shall consider the prior experience of service delivery under the particular program for which funds are sought by each applicant. For fiscal years after 1985, the level of consideration given to prior experience shall not vary from the level of consideration given this factor for fiscal year 1985.

(c) Authorization of appropriations

For the purpose of making grants and contracts under this subpart, there are authorized to be appropriated $205,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years.

(d) Definitions

For the purpose of this subpart—

(1) 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) 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; and

(3) no veteran shall be deemed ineligible to participate in any program under this subpart by reason of such individual's age who

(A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and was discharged or released therefrom under conditions other than dishonorable; or

(B) served on active duty after January 31, 1955, and was discharged or released therefrom because of a service connected disability.

(Pub. L. 89-329, title IV, § 417A, as added Pub. L. 99-498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1336.)

PRIOR PROVISIONS

A prior section 1070d, Pub. L. 89-329, title IV, § 417A, as added Pub. L. 96-374, title IV, § 405, Oct. 3, 1980, 94 Stat. 1407, authorized a program of grants and contracts to assist students from disadvantaged backgrounds, prior to the general revision of this part by Pub. L. 99-498.

Another prior section 1070d, Pub. L. 89-329, title IV, § 417A, as added Pub. L. 92-318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 258, and amended Pub. L. 94-482, title I, § 124(a), Oct. 12, 1976, 90 Stat. 2094; Pub. L. 96-49, § 5(a)(5), Aug. 13, 1979, 93 Stat. 352; Pub. L. 96-374, title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, authorized the Secretary of Education to carry out special programs for students from disadvantaged backgrounds and authorized appropriations for such programs, prior to the general revision of this subpart by Pub. L. 96-374.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1070d-2 of this title.

§ 1070d-1. Talent search

(a) Program authority

The Secretary shall carry out a program to be known as talent search which shall be designed

(1) to identify qualified youths with potential for education at the postsecondary level and to encourage such youths to complete secondary school and to undertake a program of postsecondary education;

(2) to publicize the availability of student financial assistance available to persons who pursue a program of postsecondary education; and

(3) to encourage persons who have not completed programs of education at the secondary or postsecondary level, but who have the ability to complete such programs, to reenter such programs.

(b) Tutorial services

A talent search project assisted under this subpart may include, in addition to the services described in paragraphs (1), (2), and (3) of subsection (a) of this section, tutorial services for youths being encouraged to undertake or reenter programs of postsecondary education if such tutorial services are not otherwise available to such youths through a project assisted under this subpart.

(c) Requirements for approval of applications

In approving applications for talent search projects under this subpart for any fiscal year the Secretary shall

(1) require an assurance that not less than two-thirds of the youths 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 either have completed 6 years of elementary education or are at least 12 years of age but not more than 27 years of age, unless the imposition of any such limitation with respect to any person would defeat the purposes of this section or the purposes of section 1070d-1c of this title;

(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 1070d-1c of this title; and

(4) require assurances that the project will be located in a setting accessible to the persons proposed to be served by the project.

(Pub. L. 89-329, title IV, § 417B, as added Pub. L. 99-498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1337.)

PRIOR PROVISIONS

A prior section 1070d-1, Pub. L. 89-329, title IV, § 417B, as added Pub. L. 96-374, title IV, § 405, Oct. 3, 1980, 94 Stat. 1408, authorized a talent search program, prior to the general revision of this part by Pub. L. 99-498.

Another prior section 1070d-1, Pub. L. 89-329, title IV, § 417B, as added Pub. L. 92-318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 258, and amended Pub. L. 93-380, title VIII, § 833(a), Aug. 21, 1974, 88 Stat. 603; Pub. L. 94-482, title I, § 124(b), (c), Oct. 12, 1976, 90 Stat. 2094, 2095; Pub. L. 95-566, § 4, Nov. 1, 1978, 92 Stat. 2403; Pub. L. 96-374, title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, specified the authorized activities of the Secretary of Education in carrying out special programs for students from disadvantaged backgrounds, prior to the general revision of this subpart by Pub. L. 96-374.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1070d-1c of this title.

§ 1070d-1a. Upward bound

(a) Program authority

The Secretary shall carry out a program to be known as upward bound which shall be designed to generate skills and motivation necessary for success in education beyond high school.

(b) Permissible services

Any upward bound project assisted under the subpart may provide services such as

(1) instruction in reading, writing, study skills, mathematics, and other subjects necessary for success beyond high school; (2) personal counseling;

(3) academic advice and assistance in high school course selection;

(4) tutorial services;

(5) exposure to cultural events, academic programs, and other activities not usually available to disadvantaged youth;

(6) activities designed to acquaint youths participating in the project with the range of career options available to them;

(7) instruction designed to prepare youths participating in the project for careers in which persons from disadvantaged backgrounds are particularly underrepresented;

(8) on-campus residential programs; and

(9) programs and activities as described in paragraphs (1) through (8) which are specially designed for students of limited English proficiency.

(c) Requirements for approval of applications

In approving applications for upward bound projects under this subpart for any fiscal year the Secretary shall

(1) require an assurance that not less than two-thirds of the youths participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;

(2) require an assurance that the remaining youths participating in the project proposed

to be carried out under any application be either low-income individuals or be first generation college students;

(3) require that there be a determination by the institution, with respect to each participant in such project, that the participant has a need for academic support in order to pursue successfully a program of education beyond high school; and

(4) require that such participants be persons who have completed 8 years of elementary education and are at least 13 years of age but not more than 19 years of age, unless the imposition of any such limitation would defeat the purposes of this section.

(d) Maximum stipends

Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $60 per month during June, July, and August, and not in excess of $40 per month during the remaining period of the year.

(Pub. L. 89-329, title IV, § 417C, as added Pub. L. 99-498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1338.)

PRIOR PROVISIONS

A prior section 1070d-1a, Pub. L. 89-329, title IV, § 417C, as added Pub. L. 96-374, title IV, § 405, Oct. 3, 1980, 94 Stat. 1409, authorized an upward bound program, prior to the general revision of this part by Pub. L. 99-498.

§ 1070d-1b. Student support services

(a) Program authority

The Secretary shall carry out a program to be known as student support services (hereinafter referred to as "student support services"). (b) Permissible services

A support services project assisted under this subpart may provide services such as

(1) instruction in reading, writing, study skills, mathematics, and other subjects necessary for success beyond high school;

(2) personal counseling;

(3) academic advice and assistance in course selection;

(4) tutorial services and counseling and peer counseling;

(5) exposure to cultural events and academic programs not usually available to disadvantaged students;

(6) activities designed to acquaint students participating in the project with the range of career options available to them;

(7) activities designed to assist students participating in the project in securing admission and financial assistance for enrollment in graduate and professional programs;

(8) activities designed to assist students currently enrolled in 2-year institutions in securing admission and financial assistance for enrollment in a four-year program of postsecondary education; and

(9) programs and activities as described in paragraphs (1) through (8) which are specially designed for students of limited English proficiency.

(c) Requirements for approval of applications

In approving applications for support services projects under this subpart 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

(A) be physically handicapped, or

(B) be low-income individuals who are first generation college students;

(2) require an assurance that the remaining students participating in the project proposed to be carried out under any application either be low-income individuals, first generation college students, or physically handicapped;

(3) require that there be a determination by the institution, with respect to each participant in such project, that the participant has a need for academic support in order to pursue successfully a program of education beyond high school;

(4) require that such participants be enrolled or accepted for enrollment at the institution which is the recipient of the grant or contract; and

(5) require an assurance from the institution which is the recipient of the grant or contract that each student enrolled in the project will receive sufficient financial assistance to meet that student's full financial need.

(d) Ronald E. McNair Post-Baccalaureate Achievement Program

(1) The Secretary shall carry out a program to be known as the "Ronald E. McNair PostBaccalaureate Achievement Program".

(2) A post-baccalaureate achievement project assisted under this subsection may provide services such as

(A) opportunities for research or other scholarly activities at the institution or at graduate centers designed to provide students with effective preparation for doctoral study; (B) summer internships;

(C) seminars and other educational activities designed to prepare students for doctoral study;

(D) tutoring;

(E) academic counseling; and

(F) activities designed to assist students participating in the project in securing admission to and financial assistance for enrollment in graduate programs.

(2) In approving applications for post-baccalaureate achievement projects assisted under this subsection for any fiscal year, the Secretary shall require

(A) an assurance that not less than twothirds of the individuals participating in the project proposed to be carried out under any application be low-income individuals who are first-generation college students;

(B) an assurance that the remaining persons participating in the project proposed to

1 So in original. Probably should be “(3)".

be carried out be from a group that is underrepresented in graduate education;

(C) an assurance that participants be enrolled in a degree program at an eligible institution in accordance with the provisions of section 1094 of this title; and

(D) an assurance that participants in summer research internships have completed their sophomore year in post-secondary education.

(4) In addition to such other selection criteria as may be prescribed by regulations, the Secretary shall consider in making awards to institutions under this subsection

(A) the quality of research and other scholarly activities in which students will be involved;

(B) the level of faculty involvement in the project and the description of the research in which students will be involved; and

(C) the institution's plan for identifying and recruiting participants including students enrolled in projects authorized under this subsection.

(5) Students participating in research under a post-baccalaureate achievement project may receive stipends not to exceed $2,400 per annum.

(6) No funds shall be allocated to projects authorized under this subsection until projects authorized by the other provisions of this subpart are allocated a minimum of $168,800,000, and if

(A) the funds so allocated equal or exceed $168,800,000 but are less than $215,000,000 funds allocated to projects authorized under this subsection may not exceed

(i) $1,000,000 in the fiscal year 1988, (ii) $2,000,000 in the fiscal year 1989, (iii) $3,000,000 in the fiscal year 1990, and (iv) $4,000,000 in the fiscal year 1991, and (B) the funds so allocated equal or exceed $215,000,000 funds allocated to projects authorized under this subsection may not exceed $5,000,000.

(Pub. L. 89-329, title IV, § 417D, as added Pub. L. 99-498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1339, and amended Pub. L. 100-50, § 6, June 3, 1987, 101 Stat. 340; Pub. L. 100-418, title VI, § 6271, Aug. 23, 1988, 102 Stat. 1523.)

PRIOR PROVISIONS

A prior section 1070d-1b, Pub. L. 89-329, title IV, § 417D, as added Pub. L. 96-374, title IV, § 405, Oct. 3, 1980, 94 Stat. 1410, authorized a special services for disadvantaged students program, prior to the general revision of this part by Pub. L. 99-498.

AMENDMENTS

1988-Subsec. (d)(6). Pub. L. 100-418 substituted "if" for "in no case shall funds allocated to projects authorized under this subsection exceed", added subpars. (A) and (B), and redesignated formers cls. (A) to (D) as (i) to (iv), respectively, of subpar. (A).

1987-Subsec. (d). Pub. L. 100-50 substituted "Ronald E. McNair Post-Baccalaureate Achievement Program" for "Post-Baccalaureate Achievement Program" in heading and in par. (1).

EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986,

Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title.

EFFECTIVE DATE

Section 401(b)(7), formerly section 401(b)(6), of Pub. L. 99-498, renumbered Pub. L. 100-50, § 22(a)(1), June 3, 1987, 101 Stat. 361, provided that: "The changes made in section 417D of the Act [20 U.S.C. 1070d-1b] shall apply with respect to grants awarded under such section in fiscal year 1988 or any succeeding fiscal year."

§ 1070d-1c. 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) Tutorial and counseling services

An educational opportunity center assisted under this subpart may provide, in addition to the services described in paragraphs (1) and (2) of subsection (a) of this section, tutorial and counseling services for persons participating in the project if such tutorial and counseling services are not otherwise available through a project assisted under this subpart.

(c) Requirements for approval of applications

In approving applications for educational opportunity centers under this subpart 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 1070d-1 of this title; 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 1070d-1 of this title.

(Pub. L. 89-329, title IV, § 417E, as added Pub. L. 99-498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1340.)

PRIOR PROVISIONS

A prior section 1070d-1c, Pub. L. 89-329, title IV, § 417E, as added Pub. L. 96-374, title IV, § 405, Oct. 3, 1980, 94 Stat. 1410, authorized an educational opportunity centers program, prior to the general revision of this part by Pub. L. 99-498.

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