The Code of Federal Regulations of the United States of America

tion Regulation (EDAR) in 48 CFR chapter 34 (applicable to contracts).

(b) The regulations in this part 435. (c) The regulations in 34 CFR part 425.

(Authority: 20 U.S.C. 1221a)

§ 435.5 What definitions apply?

The definitions in 34 CFR 425.4 apply to this part.

(Authority: 20 U.S.C. 1221a)

Subpart B-[Reserved]

Subpart C-How Does the Secretary Make an Award?

§ 435.20 How does the Secretary evaluate an application?

(a) The Secretary evaluates an application for a grant or cooperative agreement on the basis of the criteria in § 435.21.

(b) The Secretary may award up to 100 points, including a reserved 15 points to be distributed in accordance with paragraph (d) of this section, based on the criteria in § 435.21.

(d) For each competition as announced through a notice published in the FEDERAL REGISTER, the Secretary may assign the reserved points among the criteria in § 435.21.

(Authority: 20 U.S.C. 1221a(d))

§ 435.21 What selection criteria does the Secretary use?

The Secretary uses the following criteria to evaluate an application:

(a) Extent of need for the project. (15 points) The Secretary reviews each application to determine the extent to which the project meets specific needs, including consideration of—

(1) The need for the innovative approaches and methods of English literacy education for individuals of limited English proficiency that the project proposes to develop;

(2) How the needs were identified; and

(3) How the project will meet the needs.

(b) Project objectives. (10 points) the Secretary reviews each application to determine the extent to which the project objectives

(1) Relate to the innovative approaches and methods of English literacy education for individuals of limited English proficiency proposed for use in the project;

(2) Are clearly stated;

(3) Are measurable; and

(4) Describe appropriate outcomes. (c) Plan of operation. (20 points) The Secretary reviews each application to determine the quality of the plan of operation for the project including

(1) The quality of the project design and how it incorporates the use of new instructional methods and technologies;

(2) The extent to which the management plan is well-designed and ensures proper and efficient administration of the project;

(3) The quality of the applicant's plan to use its resources and personnel to achieve each objective; and

(4) How the applicant will select project participants and ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or handicapping condition.

(d) Evaluation. (15 points) the Secretary reviews each application to determine the quality of the evaluation plan for the project, including the extent to which the applicant's methods of evaluation—

(1) Are appropriate to the project;

(2) To the extent possible, are objective and produce data that are quantifiable;

(3) Contribute to the possible replication of the project; and

(4) To the extent possible, include a third party evaluation.

(e) Quality of key personnel. (15 points) (1) The Secretary reviews each application to determine the quality of key personnel the applicant plans to use on the project, including

(i) The qualifications of the director and other key personnel to be used in the project, particularly as their experience and expertise relate to English

literacy and training in English-as-asecond-language for adults;

(ii) The appropriateness of the time that each person referred to in paragraph (e)(1)(i) of this section will commit to the project; and

(iii) How the applicant, as part of its nondiscriminatory employment practices, will ensure that personnel will be selected without regard to race, color, national origin, gender, age, or handicapping condition.

(2) To determine personnel qualifications under paragraphs (e)(1) (i) and (ii) of this section, the Secretary considers

(i) Experience and training in fields related to the objectives of the project;

(ii) Experience and training in project management; and

(iii) Any other qualifications that pertain to the quality of the project.

(f) Institutional commitment. (5 points) The Secretary reviews each application to determine the extent to which the applicant's agency, institution, or organization—

(1) Has experience in providing English literacy services for individuals of limited English proficiency;

(2) Will provide appropriate resources; and

(3) Will provide adequate facilities, equipment, and supplies.

(g) Budget and cost effectiveness. (5 points) The Secretary reviews each application to determine the extent to which

(1) The budget is adequate to support the project; and

(2) Costs are reasonable in relation to the objectives of the project. (Approved by the Office of Management and Budget under control number 18300013)

(Authority: 20 U.S.C. 1211a(d))

[54 FR 34424, Aug. 18, 1989; 54 FR 46065, Nov. 1, 1989]

§ 435.22 What additional factor does the Secretary consider?

In addition to the criteria in § 435.21, the Secretary may consider whether funding a particular application would contribute to the funding of a variety of approaches and methods.

(Authority: 20 U.S.C. 1221a(d))

Subpart D-What Conditions Must be Met After an Award?

§ 435.30 How may States use funds under this program?

An award to a State educational agency under this program may be used in combination with other Federal funds awarded to a State for literacy training for individuals of limited English proficiency.

(Authority: 20 U.S.C. 1221a(d))

§ 435.31 How must projects that serve individuals of limited English proficiency provide for the needs of those adults?

(a) Projects that serve individuals of limited English proficiency or no Eng. lish proficiency shall provide for the needs of these adults by providing programs designed to teach English and, as appropriate, to allow these adults to progress effectively through the adult education program or to prepare them to enter the regular program of adult education as quickly as possible.

(b) These programs may, to the extent necessary, provide instruction in the native language of these adults or may provide instruction exclusively in English.

(c) These programs must be carried out in coordination with programs assisted under the Bilingual Education Act and with bilingual vocational education programs under the Carl D. Perkins Vocational Education Act. (Authority: 20 U.S.C. 1206a(d) and 1211a)

Sec.

Subpart B-[Reserved]

Subpart C-How Does the Secretary Make an Award?

436.20 What priorities may the Secretary establish?

436.21 How does the Secretary evaluate an application?

436.22 What selection criteria does the Sec

retary use?

436.23 What additional factor does the Secretary consider?

Subpart D-What Conditions Must Be Met After an Award?

436.30 How must projects that serve adults with limited English proficiency provide for the needs of those adults?

AUTHORITY: 20 U.S.C. 1213, unless otherwise noted.

SOURCE: 54 FR 34426, Aug. 18, 1989, unless otherwise noted.

Subpart A-General

§ 436.1 What is the Adult Migrant Farmworker and Immigrant Education Program?

The Adult Migrant Farmworker and Immigrant Education Program provides financial assistance for adult education programs, services, and activities to meet the special needs of adult migrant farmworkers and immigrants.

(Authority: 20 U.S.C. 1213(a))

§ 436.2 What activities may the Secretary fund?

The Secretary provides awards for planning, developing, and evaluating projects that are designed to provide adult education programs, services, and activities to meet the special needs of adult migrant farmworkers and immigrants.

(Authority: 20 U.S.C. 1213(a))

(3)(i) A public or private nonprofit agency, organization, or institution.

(ii) The nonprofit agency, organization, or institution shall consult the LEA in the area proposed to be served by the applicant and give that LEA an opportunity to comment on the application.

(iii) The nonprofit agency, organization, or institution shall respond to the LEA's comments and attach the comments and responses to the application.

(4)(i) An LEA or public or private nonprofit agency, organization or institution may apply on behalf of a consortium that includes a for-profit agency, organization, or institution that can make a significant contribution to attaining the objective of the Act.

(ii) The LEA or public or private nonprofit agency, organization, or instituion shall enter into a contract with the for-profit agency, organization, or institution for the establishment or expansion of programs.

(b)(1) To be eligible for a grant, the applicant must propose a project of the type described in the State's plan as appropriate for meeting the educational needs of adult migrant farmworkers and immigrants.

CROSS-REFERENCE: See 34 CFR 426.12(e).

(2)(i) An applicant other than an SEA shall obtain from the SEA a certification that the proposed project meets the requirements of paragraph (b)(1) of this section and forward that certification to the Secretary with the application.

(ii) An SEA that declines to issue a certification for a proposed project shall provide the applicant and the Secretary a written statement of its reasons for withholding certification. (Authority: 20 U.S.C. 1203a(a) (1), (2), and 1213(a))

§ 436.4 What regulations apply?

The following regulations apply to the Adult Migrant Farmworker and Immigrant Education Program:

(a) The regulations in this part 436. (b) The regulations in 34 CFR part 425.

(Authority: 20 U.S.C. 1213(a))

§ 436.5 What definitions apply?

The definitions in 34 CFR 425.4

apply to this part.

(Authority: 20 U.S.C. 1213(a))

Subpart B-[Reserved]

Subpart C-How Does the Secretary Make an Award?

§ 436.20 What priorities may the Secretary establish?

(a) The Secretary may announce through one or more notices published in the FEDERAL REGISTER the priorities for this program, if any, from the types of projects described in paragraph (b) of this section.

(b) Priority may be given to projects that meet the special needs of

(1) Adult migrant farmworkers; or
(2) Adult migrants.

(Authority: 20 U.S.C. 1213(a))

§ 436.21 How does the Secretary evaluate an application?

(a) The Secretary evaluates an application on the basis of the criteria in § 436.22.

(b) The Secretary may award up to 100 points, including a reserved 15 points to be distributed in accordance with paragraph (d) of this section, based on the criteria in § 436.22.

(d) For each competition as nounced through a notice published in the FEDERAL REGISTER, the Secretary may assign the reserved points among the criteria in § 436.22.

(Authority: 20 U.S.C. 1213(a))

§ 436.22 What selection criteria does the Secretary use?

The Secretary uses the following criteria to evaluate an application:

(a) Need. (15 points) (1) The Secretary reviews each application to determine how it addresses the literacy training needs of adult migrant farmworkers, adult immigrants, or both.

(2) The Secretary looks for informa tion that describes

(1) The literacy training needs of adults to be served by the project; and (ii) The number and characteristics of the adults to be served by the project.

(b) Plan of operation. (15 points) The Secretary reviews each application to determine the quality of the plan of operation for the project, including

(1) High quality in the design of the project;

(2) An effective plan of management that ensures proper and efficient administration of the project;

(3) A clear description of how the objectives of the project relate to the purpose of the program;

(4) How the applicant plans to use its resources and personnel to achieve each objective; and

(5) A clear description of how the applicant will select participants and ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or handicapping condition.

(1) A clear description of the services to be offered;

(2) Evidence of past successful performance using the model being proposed, if appropriate;

(3) A complete description of the methodology to be used including some or all of the following components:

(i) A thorough assessment of the needs of individual students.

(ii) Recruitment strategies that are culturally appropriate.

(iii) Flexibility in the manner that services are offered, e.g., the provision of an accessible training site and schedule and the use of aides. (iv) Individualized treatment. (v) Counseling; and

(4) Any ongoing and planned activities in the community that will serve the same population as the project; and the extent to which coordination with those activities is planned so that a comprehensive package of services is

provided for the project participants and the project does not duplicate existing activities.

(d) Quality of key personnel. (15 points) (1) The Secretary reviews each application to determine the quality of key personnel the applicant plans to use in the project, including

(i) The qualifications of the project director;

(ii) The qualifications of each of the other key personnel to be used in the project;

(iii) The time that each one of the key personnel, including the project director, will commit to the project; and

(iv) How the applicant, as part of its : nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or handicapping condition.

(2) To determine personnel qualifications under paragraphs (d)(1)(i) and (ii) of this section, the Secretary considers

(i) Experience and training in fields related to the objectives of the project;

(ii) Experience and training in project management; and

(iii) Any other qualifications that pertain to the quality of the project.

(e) Evaluation plan. (15 points) The Secretary reviews each application to determine the quality of the evaluation plan for the project, including the extent to which the applicant's methods of evaluation—

(1) Are clearly explained and appropriate for the project;

(2) To the extent possible, are objective and produce data that are quantifiable;

(3) Identify expected outcomes of the participants and how those outcomes will be measured; and

(4) To the extent possible, include a third party evaluation.

(f) Budget and cost effectiveness. (5 points) The Secretary reviews each application to determine the extent to which

(1) The budget is adequate to support the project; and

(2) Costs are reasonable in relation to the objectives of the project.

(g) Adequacy of resources. (5 points) The Secretary reviews each application to determine the adequacy of the resources that the applicant plans to devote to the project, including facilities, equipment, and supplies.

(Approved by the Office of Management and Budget under control number 18300013)

(Authority: 20 U.S.C. 1213(a))

[54 FR 34426, Aug. 18, 1989; 54 FR 46065, Nov. 1, 1989]

§ 436.23 What additional factor does the Secretary consider?

In addition to the criteria in § 436.22, the Secretary may consider whether funding a particular applicant would improve the geographical distribution of projects funded under this program. (Authority: 20 U.S.C. 1213(a))

Subpart D-What Conditions Must be Met After an Award?

§ 436.30 How must projects that serve adults with limited English proficiency provide for the needs of those adults? (a) Projects that serve adults with limited English proficiency or no English proficiency shall provide for the needs for these adults by providing programs designed to teach English and, as appropriate, to allow these adults to progress effectively through the adult education program or to prepare them to enter the regular program of adult education as quickly as possible.

(b) These programs may, to the extent necessary, provide instruction in the native language of these adults or may provide instruction exclusively in English.

(Authority: 20 U.S.C. 1206(d) and 1213(a))

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