1788.4 Student Financial Assistance Training Program requirements.

178a.5 Training program components.

1788.6 State applications.

178a.7 Review of State applications. 1788.8 State matching requirements. 178a.9 Use of funds.

178a.10 Reporting requirements.

AUTHORITY: Sec. 493C of Title IV of the Higher Education Act of 1965, as added by sec. 131(b) of Pub. L. 94-482, 90 Stat. 21492150 (20 U.S.C. 1088b-3), unless otherwise noted.

SOURCE: 42 FR 46047, Sept. 14, 1977, unless otherwise noted.

EFFECTIVE DATE NOTE: The provisions of Part 178a become effective November 30, 1977.

§ 1788.1 Purpose.

(a) The purpose of this part is to make incentive grants available to the States to be administered, in consultation with statewide financial aid administrator organizations, for the purpose of designing and developing programs to increase the proficiency of institutional and State financial aid administrators in all aspects of student financial aid.

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

(20 U.S.C. 1088b-3.)

§ 178a.2 Definitions.

"Act" means the Higher Education Act of 1965, as amended.

"Award period" means the period of time beginning July 1 of one year and ending June 30 of the following year.

"Institution of postsecondary education" means an institution of higher education, as defined in section 1201(a) of the Act, a proprietary institution of higher education, as defined in section 491(b) of the Act, a vocational school as defined in section 435 of the Act, or an area vocational school, as defined in section 195(2) of the Vocational Education Act of 1963.

"Institutional and State financial aid administrators" means full- and parttime employees of institutions of postsecondary education and State governments who participate in the administration of student financial aid programs. The term may include, but is not limited to, student financial aid directors, officers and counselors, institutional loan collection staff and those business office personnel who deal with student financial aid programs.

"State" means, in addition to the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands. (20 U.S.C. 1141(b), 1088(a), and 1085.) § 178a.3 Allotments.

(a) Funds appropriated pursuant to section 493C(b) of the Act will be divided equally among States submitting approvable applications by the announced closing date.

(b) The Commissioner will transfer to each State which has been awarded a grant under this part amounts equal to .05 percent of the funds allotted to that State under each of the Supplemental Educational Opportunity Grant, College Work-Study, and National Direct Student Loan Programs, except that the amount transferred from each program may not exceed $10,000. This amount will be added to the amount received by each State under paragraph (a) of this section. (20 U.S.C. 1088b-3.)

§ 178a.4 Student Financial Assistance Training Program requirements.

(a) Each State agency which administers the State Student Incentive

་ །

Grant Program authorized by Title IV, Part A, Subpart 3 of the Act is responsible for the design and development, and to the extent related to development, for the conduct and evaluation of training programs under this part. If such an agency does not exist in any State, an agency or organization designated by the State will be responsible for the design and development of the program. States may subcontract some program activities to other organizations, including financial aid administrator organizations.

(b) The State agency must administer the programs in consultation with statewide financial aid administrator organizations. Consultation, that is, conferring with or seeking advice from statewide organizations, must occur on ment of the program. States may consult with those organizations by:

(1) Involving organization representative as consultants; or

(2) Working with advisory groups from organizations.

(c) The training programs under this part must, to the extent of available funds, perform activities to achieve sequentially the following objectives:

(1) The identification of:

(i) The current and future need for financial aid administrators at State agencies and institutions of postsecondary education throughout the State, and

(ii) The professional needs of those administrators in terms of such areas as those listed in § 178a.5;

(2) The assessment of the strengths and weaknesses, in light of the needs identified in paragraph (c)(1) of this section, of any current programs in the State which provide training in State and institutional financial aid policies and procedures;

(3) The design and development of training materials, methods and programs to meet the needs identified in paragraph (c)(1) of this section and to overcome the weaknesses identified in paragraph (c)(2) of this section;

(4) The provision of training to financial aid administrators based on the materials, methods and programs designed and developed under the requirements of paragraph (c)(3) of this section; and

(5) An evaluation of the effectiveness of the training materials, methods, and programs developed under this part.

(20 U.S.C. 1088b-3.)

§ 1788.5 Training program components.

Each training program developed under this part may include such components as the State determines necessary as a result of its identification of needs under § 178a.4(c) (1) and (2). The components may include, but are not limited to the following areas:

(a) The principles upon which student financial aid is based;

(b) The theory, methodology, and forms of the principal systems of need analysis used for awarding student financial aid, such as the systems of the College Scholarship Service, the American College Testing Program, and the Basic Educational Opportunity Grant Program; the system used to determine eligibility for the receipt of a Guaranteed Student Loan; and the State needs analysis system;

(c) Methods of constructing student budgets;

(d) The statutes, regulations, handbooks, and any other applicable administrative materials pertaining to the student financial aid programs authorized under Title IV of the Act and to all student financial aid programs administered by that State;

(e) Strategies for packaging Federal, State, private, and institutional programs of student financial aid;

(f) Requirements for maintaining student records, State and institutional accounts, and disbursement systems;

(g) Student and institutional rights and responsibilities pertaining to financial aid programs;

(h) Management practices and procedures designed to eliminate institutional and student fraud and abuse in the operation of student financial aid programs;

(i) Instruction in the administration of Federal, State, institutional, and private programs of financial aid available to students in the State; and

(j) Any other subjects determined by the State agency to be necessary to carry out the purposes of this part. (20 U.S.C. 1088b-3.)

§ 178a.6 State applications.

(a) Any State desiring to obtain a grant under this part shall annually file an application with the Commissioner, through the State agency administering its State Student Incentive Grant Program. If no such agency exists in the State, the application shall be filed through an agency or organization designated by the State for this purpose. The application shall include the name of the State agency administering the program, shall describe the activities to be undertaken, and shall contain sufficient information to enable the Commissioner to determine that the State program will meet the provisions of § 178a.4.

(b) As part of its application, each State must provide assurances that the Federal funds received under this part for any award period will be matched by an amount at least equal to the Federal funds reserved for that State under § 178a.3, or if the State cannot make such an assurance, the amount of Federal funds that the State will match for that award period.

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

(20 U.S.C. 1088b-3.)

§ 178a.7 Review of State applications.

The Commissioner will review each State's application to insure that it meets the requirements of §§ 178a.4 and 178a.6. The Commissioner will not disapprove any State's application without giving the State agency an opportunity to remedy the deficiencies in its application within a reasonable time period.

(20 U.S.C. 1088b-3.)

§ 1788.8 State matching requirements.

The Federal funds expended under this part must be matched by an equal amount of State funds. In satisfying this matching requirement, the State is subject to §§ 100a.90 through 100a.94 of the Office of Education General Provisions (45 CFR 100a.90-100a.94). The matching must be from non-federal sources and may be cash or in

kind. The State shall maintain supporting records to indicate the amount and sources of such matching.

(20 U.S.C. 1088b-3.)

§ 178a.9 Use of funds.

Funds received by a State under this part plus the matching State funds must be used to pay the costs of performing activities to meet the provisions of §§ 178a.4 and 178a.5 to increase the proficiency of institutional and State financial aid administrators. § 178a.10 Reporting requirements.

At the end of each award period for which a State receives a grant under this part, the State must provide a report containing such information as the Commissioner determines necessary to insure that the State is adequately performing its responsibilities under this part.

means

(a)(1) "Desegregation" (except for purposes of §§ 180.16 and 180.26) the assignment of students to public schools and within such schools without regard to their race, color, religion, sex, or national origin, but "desegregation" shall not mean the assignment of students to public schools in order to overcome racial imbalance. For purposes of this paragraph, overcoming racial imbalance means the assignment of students to correct conditions of segregation or separation (on the basis of race, color, religion, or national origin) not resulting from State or local law or official action.

(2) For purposes of §§ 180.16 and 180.26, "desegregation" means the assignment of students to public schools and within such schools in such manner as to provide such students with an equal opportunity for effec

tive participation in educational programs despite English language deficiencies of such students which result because they are from environments in which the dominant language is other than English.

(42 U.S.C. 2000c(b); United States v. Jefferson County Board of Education, 372 F.2d 836, 878-879 (5th Cir. 1966), cert. den. 389 U.S. 840 (1967); Lau v. Nichols, 414 U.S. 563 (1974))

(b) "Public school" means any elementary or secondary educational institution, provided that such public school is operated by a State, subdivision of a State, or government agency within a State, or operated wholly or predominantly from or through the use of governmental funds or property, or funds or property derived from a governmental source.

(42 U.S.C. 2000c(c))

(c) "School board" means any agency or agencies which administer a system of one or more public schools, and any other agency which is responsible for the assignment of students to or within such system.

(42 U.S.C. 2000c(d))

(d) "Institution of higher education" means an educational institution in any State which: (1) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (2) is legally authorized within such State to provide a program of education beyond high school; (3) provides an educational program for which it awards a bachelor's degree; or provides not less than a 2-year program which is acceptable for full credit toward such a degree; or offers a 2-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association listed by the Commissioner. (42 U.S.C. 2000c-2000c-9)

(e)(1) "Minority group" refers (except for purposes of §§ 180.16 and 180.26) to persons (i) who are Negro, American Indian, Spanish-surnamed American, Portuguese, Oriental, Alaskan natives, or Hawaiian natives, or (ii) who have been specifically determined by the Commissioner to have been segregated or separated on the basis of race, color, religion, or national origin as a result of State or local law or official action.

(2) For purposes of §§ 180.16 and 180.26, "minority group" refers to persons who have been specifically determined by the Commissioner to be from environments in which the dominant language is other than English and who, as a result of such circumstances, are not capable of effective participation in the educational pro

§ 100a.26(b) of Part 100a, relating to criteria for awards.

(42 U.S.C. 2000c-2000c-9)

Subpart B-Technical Assistance Arrangements With State Educational Agencies

§ 180.11 Eligibility for awards.

(a) Any State educational agency may submit a proposal for a contract or other appropriate agreement pursuant to this subpart for the purpose of rendering technical assistance, upon request, to any school board, municipally, school district, or other governmental unit legally responsible for operating a public school or schools in the preparation, adoption, and implementation of plans, assurances, or programs for the desegregation of public schools. A proposal may focus only on desegregation on the basis of race, color, religion, or national origin, only on desegregation on the basis of sex, or on both of these types of desegregation.

(42 U.S.C. 2000c-2; 20 U.S.C. 1231(b))

(b) Technical assistance proposed to be rendered pursuant to this subpart shall consist of or include the provision of information regarding effective methods of coping with special educational problems occasioned by desegregation.

(42 U.S.C. 2000c-2)

§ 180.12 Authorized activities.

Funds made available pursuant to this subpart shall be used for the activities described in paragraph (a) of this section and for one or more of the activities described in paragraphs (b) through (i) of this section, when such activities are requested in accordance with § 180.11(a).

(a) Planning and other activities designed to insure that administrators, teachers, and other educational personnel are not demoted or dismissed on the basis of race, color, religion, sex or national origin in the process of, or as a result of, desegregation;

(b) Assessment of desegregation-related educational needs in one or more public schools;