§ 158.87 Political activities.

(a) For purposes of clauses (1) and (2) of section 1502(a) of title 5 of the United States Code, any agency receiving assistance under this part shall be deemed to be a State or local agency.

(b) Programs assisted under this part shall not be carried on in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with (1) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office, (a) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election, or (3) any voter registration activity.

(Economic Opportunity Act, Title V, sec. 576 (a), (b) (Pub. L. 93-644 sec. 8(a)))

§ 159.1 Scope and purpose-general provisions regulations.

(a) The regulations in this part govern the administration of the Talent Search 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 isolation, to enter, continue, or resume programs of postsecondary education. Projects under this program shall (1) identify qualified youths of financial or cultural need with an exceptional potential for postsecondary educational training and especially such youths who have delayed pursuing postsecondary educational training and encourage them to complete secondary school and undertake postsecondary educational training, (2) publicize existing forms of student financial aid, and (3) encourage qualified secondary school or college dropouts of demonstrated aptitude to reenter educational programs, including postsecondary school programs. The goal of the program and projects funded under this part shall be to (i) increase the rate at which youths of financial or cultural need complete secondary school and enroll, with adequate financial aid, in postsecondary educational programs, (ii) decrease the rate of secondary and postsecondary school dropouts, (iii) increase the number of secondary and postsecondary school dropouts who re-enter educational programs and (iv) increase the postsecondary enrollment rate of youth who have delayed pursuing postsecondary educational training.

(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) § 159.2 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) "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 nonprofit private agency, organization or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on their behalf.

(20 U.S.C. 1141(j))

(c) "Cultural need" means, a condition generally exhibited by a youth who comes from an environment that has not provided those educational and other necessary skills, exposures and experiences that will equip him to succeed in postsecondary education. (20 U.S.C. 1070d-1)

(d) "Demonstrated aptitude" means with regard to a secondary or postsecondary school dropout the ability to acquire those skills (1) necessary to complete a secondary educational program, or its equivalent, or (2) to enter, or reenter and complete a postsecondary educational program.

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

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

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

(f) "Financial need” means a condition (1) where the family taxable income does not exceed the lowincome family level set forth in the "Current Population Reports," Series P-60, Bureau of the Census, United States Department of Commerce, and (2) where such income at most provides for the basic necessities such as food, housing and clothing.

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

(g) "Institution of higher education" means an educational institution as defined in section 1201(a) of the

§ 159.3 Project setting-target area.

(a) Talent Search projects, except national demonstration projects, shall provide their services to eligible youths residing or attending school in a discrete geographic area (target area). Except as provided in paragraph (b) of this section, in order to qualify as a target area, at least 25 percent of the families residing in the area must have a family taxable income which does not exceed the low-income family level set forth in "Current Population Reports," Series P, Bureau of the Census, Department of Commerce.

(b) Projects serving sparsely populated or geographically isolated areas may serve a target area in which at least 15 percent of the families residing therein have a family taxable income which does not exceed the lowincome family level set forth in "Current Population Reports," Series P-60, Bureau of the Census, Department of Commerce.

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

§ 159.4 Eligible project participants.

A youth is eligible to receive services under this part if he:

(a) Is a citizen or national of the United States, or is in the United States for other than a temporary purpose, and is, or intends to become a permanent resident thereof, or is a permanent resident of the Trust Territory of the Pacific Islands;

(b) Has in the case of a youth enrolled in or graduated from secondary school, "exceptional potential" for success in postsecondary education or, in the case of a secondary or postsecondary school dropout, a "demonstrated aptitude” for reentry into and success in secondary or postsecondary educational programs;

(c) Is of financial or cultural need; and

(d) Is in need of (i) guidance and counseling to complete or return to secondary school, (ii) information and counseling on postsecondary educational opportunities, (iii) assistance in gaining admission or readmission to postsecondary educational institutions, or (iv) assistance in applying for financial aid to attend such institutions.

(e) Veterans if they are otherwise eligible may receive services under this program.

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

§ 159.5 Eligible applicants.

(a) The Commissioner may make grants to and contracts with the following agencies, institutions, and organizations to carry out Talent Search projects: (1) Institutions of higher education, including institutions with vocational and career education programs;

(2) Combinations of institutions of higher education;

(3) Public and private agencies and organizations (including professional and scholarly organizations); and

(4) In exceptional cases, secondary schools and secondary vocational schools, if there are no institutions of higher education or public or private agencies within a reasonable geographic distance of such secondary or vocational school providing education

al services similar to the services authorized under this part.

(b) 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 or designated by the combination for that purpose.

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

§ 159.6 Applications.

(a) Applicants for grants or contracts under this part shall file an application with the Commissioner before the closing date established annually by the Commissioner, and shall provide the following information and such other information as the Commissioner may from time to time prescribe:

(1) Need, (i) (The geographic area to be served (target area);

citing data

(ii) A description, sources, of the target area in terms of the number and percentage of youths in the area from families whose family taxable income is not more than the low-income level prescribed annually by the Commissioner, and the number and percentage of eligible youths residing or attending school in the area;

(iii) A description, citing data sources, of the individual secondary schools in the target area including, for the three years preceding the year for which the application is being submitted, an estimate of the dropout rate for each school, and an estimate of the number and percentage of students from each school who subsequently enroll in postsecondary institutions, an estimate of the number of students in the school from lowincome families, and (iii) the ratio of counselors to students;

(iv) An estimate, citing data sources, of the ethnic/racial composition of youths from low-income families residing in, or attending school in, the target area and the ethnic/racial composition of the youths to be served by the project;

(2) Design (i) A projection of the effect of the project in the target area on the secondary school completion and dropout rate, the rate of postsecondary school admissions and the

number of secondary and postsecondary dropouts who reenter educational programs;

(ii) A description of the applicant's plan for identifying and selecting eligible participants, assessing and documenting their potential for postsecondary education; providing career and academic counseling and guidance; disseminating information on student financial aid in the target area; providing assistance to project participants in gaining admission to secondary schools, and a variety of postsecondary institutions, which have adequate supportive services, if needed by such participants; assisting youths enrolling in postsecondary institutions in obtaining student financial aid; and determining whether the participants actually enrolled in secondary schools or postsecondary institutions and whether participants enrolled in postsecondary institutions received adequate financial aid;

(iii) A description of the applicant's plan for evaluating the effectiveness of the project in terms of enrolling participants in postsecondary educational programs, with adequate financial aid, and returning participants to secondary or postsecondary educational programs;

(3) Resources and organization. (i) A description of the applicant's plan to orient the secondary and postsecondary schools in the target area to the goals of the Talent Search project and to utilize community and other resources to supplement authorized activities including written commitments by such community and other relevant organizations;

(ii) If the applicant has carried out a project that was funded under the Talent Search Program or was comparable to one authorized under this part, a descrtiption of that project including the number of youths served, the methods used to select participants, the services offered, the rate of increase of postsecondary admissions in the area served, the rate of decrease in secondary and postsecondary school dropouts, the rate of increase of secondary and postsecondary school dropouts who reenter educational programs, and any evaluation reports made on that project;

(iii) Evidence that an applicant has the resources, organization, and personnel to successfully carry out a Talent Search project.

(iv) A description of the project's staffing pattern, the required professional qualifications and experience, duties and salary range for each professional category, and the plan for staff selection and in-service training; and

(4) Budget. (i) A detailed budget.

(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 project, and shall include written commitments from each institution that it will perform the activities ascribed to it.

(c) Applications for national demonstration projects shall provide the information needed to determine whether the project satisfies the requirements of § 159.10.

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

§ 159.7 Funding criteria.

(a) Continuation awards. Priority will be given to a request for funds for the continuation of a project that (1) was begun in a prior fiscal year and (2) was approved for a multi-year work period that has not expired.

(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 project;

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

(3) The project continues to offer promise of success in enabling youths to resume or continue their secondary education or to enter, resume, or continue their post secondary education with adequate financial aid;

(4) All required reports, have been received and accepted by the Commissioner; and

(5) Funds are available to continue the project.

(c) New awards. Except as provided in paragraphs (a) and (b) of this sec

tion, the Commissioner will select applicants to be funded under this part on the basis of the criteria set forth in 45 CFR 100a 26(b), as well as the following additional criteria:

(1) Need (i) The extent to which the target area of the project is characterized by having a percent of youths from low-income families, residing or attending school in the area, that exceeds the minimally acceptable 25 percent, or exceeds 15 percent for those proposing to serve sparsely populated or geographically isolated areas;

(ii) The number of youths who are eligible to be served by a project who reside or attend schools in the target area;

(2) Design (i) The extent to which the project will, in the target area, increase the rate of secondary school completion and postsecondary admissions, decrease the rate of secondary school dropouts, and increase the number of secondary and postsecondary dropouts who reenter secondary and postsecondary educational programs;

(ii) The comprehensiveness of the applicant's plan for identifying and selecting eligible participants and assessing and documenting their potential for postsecondary education, providing career and academic guidance and counseling, disseminating information on student financial aid to the target population, assisting youths in gaining admission or readmission to secondary schools and a variety of postsecondary institutions which have adequate supportive services, if needed by the participants, assisting youths enrolling in postsecondary institutions in obtaining student financial aid, and determining whether the participants actually enrolled in secondary programs or postsecondary institutions and whether participants enrolled in postsecondary institutions received adequate financial aid;

(iii) The quality of the applicant's plan to evaluate the effects of project services on the enrollment of participants in postsecondary educational programs with adequate financial aid and on the return of participants to secondary and post secondary educational programs;

(3) Resources and organization. (i) The extent to which the applicant has provided for the orientation of secondary and postsecondary schools in the target area to the goals and objectives of the Talent Search Program and has received written commitments by community and other relevant organizations for the utilization of community and other resources to supplement authorized activities;

(ii) The extent to which the applicant has the resources, organization, and personnel to successfully carry out a Talent Search project;

(iii) The adequacy of the project's staffing pattern, the required professional qualifications and experience, the duties and the salary range for each professional category and the plan for staff selection and in-service training.

(4) Budget. (i) The extent to which the proposed budget reflects the activities to be undertaken; and

(ii) The reasonableness of the allocation of resources among the proposed project activities.

(d) In evaluating an application for a new award, the Commissioner will use the following weights:

(1) Need. 35 percent.

(2) Design. 25 percent.

(3) Resources and organization. 35 percent, and

(4) Budget. 5 percent.

(e) In selecting applications for funding, the Commissioner will consider the need for the project in the area the applicant proposes to serve compared to the need of the total target population to be served.

as

(f) National demonstration projects. The Commissioner will select a limited number of applications to be funded as Talent Search national demonstration projects on the basis of the criteria set forth in paragraph (c) of this section and the following additional criteria:

(1) Whether the proposed project is national or inter-regional in scope or presents a clearly new or experimental technique or design for the provision of Talent Search services to eligible participants;

(2) Whether the proposed project duplicates or competes with existing regional or national programs, or con