§ 190.71 Scope. The provisions of this subpart, which deal with matters relating to program administration by institutions of higher education, unless otherwise noted are applicable only to those institutions that have entered into agreements with the Commissioner for that purpose pursuant to § 190.73. (20 U.S.C. 1070a) $ 190.72 [Reserved] § 190.73 Institutional agreements. (a) The Commissioner may enter into an agreement with an institution of higher education whereby the institution will calculate and disburse Basic Educational Opportunity Grant awards to students enrolled in that institution. The agreement shall be on a standard form provided by the Commissioner and shall contain such terms as are necessary to carry out this part. (b) The Commissioner will send to each institution with which he has an agreement pursuant to paragraph (a) of this section a payment schedule and a disbursement schedule for each academic year. (20 U.S.C. 1070a) [39 FR 41800, Dec. 2, 1974, as amended at 41 FR 33870, Aug. 10, 1976] $ 190.74 Advancement of funds to institutions. The Commissioner will make funds available to an institution of higher education for the purpose of making Basic Educational Opportunity Grant payments to eligible students at that institution. The amount of funds advanced to such institution will reflect the amount estimated by the Commissioner to be needed by that institution to make such payments and such amount may be adjusted periodically to reflect that need more accurately. (20 U.S.C. 1070a(b)(3)(A)) § 190.75 Payment of basic educational opportunity grant awards. (a) An institution shall make payment of a Basic Educational Opportunity Grant to a student on the basis of having made the following determinations: (1) That the student applying for the grant meets the eligibility requirements of § 190.3. In making this determination the institution is entitled to rely on information provided by the student if the institution has no direct independent knowledge with respect to such information; (2) That the student is enrolled as a full-time, three-quarter time, or halftime student; (3) The amount equal to the actual cost of attendance of such student, calculated in accordance with § 190.51; (4) The amount of the student's Scheduled Basic Educational Opportunity Grant, calculated in accordance with the payment scheduled in effect for the period involved; (5) The amount by which the Scheduled Grant Award determined in subparagraph (4) of this paragraph should be adjusted for three-quarter and half-time students (this amount is set forth in the disbursement schedule in effect for the period involved); and (6) The amount, if any, by which the amount determined in subparagraph (4) or (5) of this paragraph should be adjusted in accordance with §§ 190.64190.66. (b)(1) Payment of Basic Educational Opportunity Grant awards shall be made in equal amounts at least once at the beginning of each semester, trimester, or quarter for those institutions which utilize such academic units. For those institutions not utilizing such academic periods, payments shall be made in equal amounts not less than twice during that portion of the school year which falls within the academic year, with one payment to be made at the beginning and the other to be made at the midpoint of that portion of the school year which falls within the academic year; proIvided that if the portion of a school year which falls within an academic year is less than three months, only one payment need be made. (2) Except where prohibited by § 190.76(c), funds paid to a student with respect to an academic period which has already been completed may be paid to such student in one lump sum payment. (c)(1) Before making any payment to a student under this section, an institution shall confirm that the student meets or continues to meet the eligibility requirements of § 190.3. (2) In addition to the requirement set forth in subparagraph (1) of this paragraph, the institution shall confirm at the beginning of each semester, trimester, or quarter (or for institutions not utilizing such academic periods, at the beginning and midpoint of the school year) and before making payment to a student for such period, that the student is entitled to receive the amount of the grant payment calculated for that period. (3) If an institution determines at the beginning of a semester, trimester, or quarter, or for institutions not utilizing such academic periods, at the beginning and midpoint of the school year, that the amount calculated for that student no longer reflects the enrollment status of such student at that institution, it shall recalculate the amount of that student's grant payment for that period in accordance with paragraph (a) of this section. (4) If an institution disburses funds to a student for a particular academic period and during that period the student increases or decreases his academic workload while continuing to meet the eligibility requirements of § 190.3, the institution may, but need not, adjust the amount of the student's grant attributable to that academic period in accordance with this section and with § 190.85. (5) Except as provided in § 190.78, if an institution disburses funds to a student for a particular academic period and during that period the student becomes ineligible to participate in the program, the payment applicable to that period need not be returned by the student if such payment was not made on the basis of inaccurate information or statements provided by the student; however, the student shall not receive additional basic grant payments unless he reestablishes his eligibility. (d) No grant may be paid under this part unless the student to whom it is made has filed with the institution of higher education which he intends to attend, or is attending, an affidavit on a form approved by the Commissioner stating that the money attributable to such grant will be used solely for expenses related to attendance or continued attendance at such institution. The student must sign the affidavit in the presence of a notary or other person who is legally authorized to administer oaths or affirmations and who does not take part in the recruiting of students for enrollment at such institution. The notary or other person must enter his signature and as applicable, his seal or stamp on the affidavit form. (e) Payments to a student may be made by check or by credit to the student's account with the institution. If payments are made to a student by crediting his account, the institution shall retain a receipt signed by the student for each such transaction and the credit entry to the student's account shall be clearly identifiable. (20 U.S.C. 1070a) [41 FR 33870, Aug. 10, 1976] § 190.76 Cut-off dates for making application for awards. (a) Except in cases where paragraph (b) of this section applies, in order to receive a Basic Educational Opportunity Grant for an academic year a student must apply for such a grant by submitting an official "Student Eligibility Report" to the institution in which he is enrolled, pursuant to § 190.61, or to the Commissioner pursuant to § 190.86, prior to May 31 of that academic year. (b) If a student enrolls in an institution on or after May 1 of an academic year, he may receive a Basic Educational Opportunity Grant for that academic year if he submits the official "Student Eligibility Report" to the institution, or pursuant to § 190.86 to the Commissioner, prior to June 30 of that academic year. (c) No payment may be made to a student who at the time he submits a "Student Eligibility Report" to an institution of higher education is no longer enrolled and in attendance in an eligible program in that institution of higher education. (20 U.S.C. 1070a) § 190.77 Overpayment of a Basic Educational Opportunity Grant. In the event that an institution makes an overpayment to a student under this part, the institution shall cooperate fully with the Commissioner, by making a reasonable effort to effect the return of such overpayment. The institution is not, however, liable for any overpayments which are not recovered unless such overpayment was made by the institution under circumstances where the regulations of the Commissioner clearly indicate that such payment should not have been made. (20 U.S.C. 1070a) $ 190.78 Effect of institutional refunds. An institution shall reduce to writing its policy for making refunds of amounts paid for tuition, fees, room and board to students who withdraw or fail to pursue their course of study at such institution. A copy of such policy shall be made available to the Commissioner upon request. If a refund is due to a student pursuant to this policy, a portion of such refund must be restored to the Basic Educational Opportunity Grant account. The amount so restored shall bear the same ratio to the amount of the refund as the amount of the Basic Educational Opportunity Grant already disbursed to the student at the time he withdraws bears to amount determined by the institution to be the average amount required for a student to pursue studies at that institution for the period of enrollment for which such refund is requested. Such amount shall be returned to the Commissioner by the student if the refund is made to a student by an institution of higher education which has not entered into an agreement under § 190.73. (20 U.S.C. 1070a) the § 190.79 Fiscal control and fund accounting procedures. (a) All funds received and disbursed by an institution under this part shall be handled through one identifiable account in accordance with generally accepted accounting procedures. Such account may be an existing account (preferably one maintained for Federal funds), provided adequate control ledgers are maintained to properly account for such funds separately from other funds. Any such account shall be subject to audit by the Commissioner at such reasonable times as the Commissioner will determine. At no time may the funds in such account be in an amount less than the balance reflected in the institution's control ledgers for the Basic Educational Opportunity Grant Program. (b) Funds received by an institution pursuant to this part are to be held in trust for the intended student beneficiaries. Such funds may be used only for the purposes for which they are advanced and may not be pledged or hypothecated for any other purpose. (20 U.S.C. 1070a) § 190.80 Maintenance and retention of records. Each institution shall maintain adequate records with regard to (a) the eligibility or lack thereof, of all students enrolled in the institution who have applied to the institution for a Basic Educational Opportunity Grant, (b) the amount of such grants as have been awarded and to whom, (c) the amount and date of disbursements of such grants to such students, and (d) the amount and date of any overpayments of awards that have been restored to the program account. Such records shall include the "Student Eligibility Report" for each student, the student's cost of attendance at the institution, the basis on which his fulltime or part-time enrollment status was determined and the basis on which the portion of the academic year for which the student was enrolled was determined. Further, the institution shall make such records available for inspection by authorized representatives of the Commissioner, at any reasonable time at the offices of the institution. The institution shall retain such records for three years following the date of submission of a final report covering such funds. (20 U.S.C. 1070a) § 190.81 Submission of reports. The institution shall submit such reports and information as the Commissioner may reasonably require in connection with the funds advanced to it in accordance with § 190.74 and shall comply with such procedures as the Commissioner may find necessary to ensure the correctness of such reports. (20 U.S.C. 1070a) § 190.82 [Reserved] § 190.83 Attendance at more than one institution during an academic year. (a) If a Basic Educational Opportunity Grant recipient withdraws from one institution and applies for a Basic Educational Opportunity Grant at another institution during the same academic year, the student shall submit to that institution an official copy of his "Student Eligibility Report" for calculation of a new Scheduled Basic Educational Opportunity Grant award. If a student transfers to an institution which has not entered into an agreement under § 190.73 he shall follow the procedures described in § 190.86. (b) The institution to which the student has transferred shall calculate and disburse the student's award in accordance with § 190.75. sequent payments to the student shall be adjusted, based on the newly calculated scheduled award, to ensure that the student is paid the entire amount of his newly calculated award (subject to any to adjustments pursuant §§ 190.64-190.66) before the conclusion of the academic period for which the grant is made. However, an institution calculating an award under § 190.83(b) shall only pay that portion of the newly calculated award which is commensurate with that portion of the school year within the academic year for which the student is enrolled at that institution. (20 U.S.C. 1070a) [41 FR 33871, Aug. 10, 1976] § 190.86 Calculation and disbursement of awards by the Commissioner of Education. (a) If a student enrolls in or transfers to an institution of higher education which has not entered into an agreement with the Commissioner pursuant to § 190.73, the student shall apply to the Commissioner for his Basic Educational Opportunity Grant award. The student shall provide the Commissioner with such information in such form as the Commissioner may from time to time prescribe. (b) The Commissioner will pay to a student his Basic Educational Opportunity Grant award computed in accordance with the relevant provisions of this part in equal amounts at least once each semester, trimester, or quarter for those institutions which utilize such academic units. For those institutions not utilizing such academic periods, payments will be made in equal amounts not less than twice during that portion of the school year which falls within the academic year, with one payment to be made at the beginning and the other to be made at the midpoint of that portion of the school year which falls within the academic year: Provided, That if the portion of a school year which falls within the academic year is less than three months, only one payment need be made. (20 U.S.C. 1070a) [39 FR 41800, Dec. 2, 1974, as amended at 41 FR 33871, Aug. 10, 1976] Subpart A-General § 191.10 Scope. (a) The regulations in this part govern the award of grants with funds appropriated pursuant to Part D of Title III of the Education Amendments of 1976, Pub. L. 94-482. (b) The award of grants under this part is subject to applicable provisions contained in subchapter A of this chapter (relating to fiscal, administrative, property management, and other matters, 45 CFR Parts 100, 100a) except that application requirements set forth in § 100a.16 and evaluation criteria set forth in § 100a.26(b) do not apply to awards under this part. (Sec. 341, 20 U.S.C. 2531, 1221c) § 191.11 Purpose. The purpose of this part is through Federal financial assistance, to: (a) Provide programs, projects, and leadership activities by the State to expand and strengthen counseling and guidance services in elementary and secondary schools. (Sec. 342(b)(1), 20 U.S.C. 2532(b)(1)) (b) Improve the professional guidance qualifications of teachers and counselors. (Sec. 344(a), 20 U.S.C. 2534(a)) (c) Provide training for supervisory and technical personnel having responsibilities for guidance and counseling. (Sec. 344(a), 20 U.S.C. 2534(a)) (d) Improve guidance and counseling supervisory services; and (Sec. 344(a), 20 U.S.C. 2534(a)) (e) Coordinate new and existing programs of guidance and counseling in the States. |