Subpart A-General

§ 612.1 What are the Drug Prevention Programs in Higher Education?

The Drug Prevention Programs in Higher Education include the Institution-wide Program competitions, the Special Focus Program competitions, and the Analysis and Dissemination Program competitions. Awards under these competitions provide assistance to institutions of higher education (IHES) and consortia of IHES to develop, implement, operate, and improve programs of drug abuse education and prevention, including rehabilitation referral, for students enrolled in IHES. (Authority: 20 U.S.C. 3211)

§ 612.2 Who is eligible to receive award?

(EDGAR) in 34 CFR Part 74 (Administration of Grants), Part 75 (Direct Grant Programs), Part 77 (Definitions That Apply to Department Regulations), and Part 78 (Education Appeal Board).

(b) The regulations in this Part 612. (Authority: 20 U.S.C. 3211)

§ 612.5 What definitions apply?

(a) Definitions in EDGAR. The following terms used in these regulations are defined in 34 CFR Part 77: Applicant Application Award Budget Department

EDGAR

Fiscal Year

an

Grant

Private

Project Public

(a) IHES and consortia of IHES are eligible to receive awards under these competitions.

(b) An applicant may receive no more than one award in any competition in any fiscal year.

(c) If an applicant has received an award in a competition, the applicant may not receive a new award in that competition in a subsequent year until

(1) The Secretary determines that the applicant will satisfactorily complete the project previously supported; and

(2) The applicant has submitted every report that it must submit in connection with the prior project.

(d) In the case of Analysis and Dissemination Program competitions conducted under § 612.21(d), eligibility is limited to current or former recipients of an award under—

Secretary

(b) Other definitions. The following definitions also apply to this part:

Act means the Drug-Free Schools and Communities Act of 1986.

Consortium, as used in this part, means a group of private or public institutions of higher education.

Drug abuse education and prevention means prevention, early intervention, rehabilitation referral, and education related to the abuse of alcohol and the use and abuse of controlled, illegal, addictive, or harmful substances.

Illicit drug use means the use of illegal drugs and the abuse of other drugs and alcohol.

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 twoyear program which is acceptable for full credit toward such a degree, or offers a two-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 Secretary pursuant to this paragraph or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited: Provided, however, That in the case of an institution offering a two-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 technological fields which requires the understanding and application of basic engineering, scientific, or mathematical principles or knowledge if the Secretary determines that there is no nationally recognized accrediting agency or association qualified to accredit such institutions, the Secretary shall appoint an advisory committee, composed of persons specially qualified to evaluate training provided by such institutions, which shall prescribed the standards of content, scope, and quality which must be met in order to qualify such institutions to participate under the Elementary and Secondary Education Act of 1965 in effect prior to October 1, 1981, and shall also determine whether particular institutions meet such standards. For the purposes of this paragraph the Secretary shall publish a list of nationally recognized accrediting agencies or associations which the Secretary determines to be reliable authority as to the quality of education or training offered.

Limited enrollment, as used in this part, means a total fall enrollment of no more than 1,000 full-time and parttime students.

(Authority: 20 U.S.C. 3211)

Subpart B-[Reserved]

Subpart C-How Does the Secretary Make an Award?

§ 612.21 What types of competitions does the Secretary conduct?

(a) General. The Secretary conducts the competitions described in paragraphs (b), (c), and (d) of this section.

(b) Institution-wide Program competitions. (1) In these competitions, the Secretary supports projects to develop, implement, operate, and improve programs of drug abuse education and prevention, including rehabilitation referral, for students in IHES.

(2) These projects are for comprehensive, institution-wide programs designed to prevent or eliminate students' use of illegal drugs and abuse of other drugs and alcohol, including activities whose direct or indirect purpose is to train students, faculty, and staff in drug abuse education and prevention.

(c) Special Focus Program competitions (1) General. In these competitions, the Secretary supports projects addressing one or more specific approaches or problem areas related to drug abuse education and prevention for students enrolled in IHES.

(2) Approaches and problem areas. The Secretary may conduct competitions based on the following individual approaches or problem areas:

(i) The formulation of promising new approaches to individuals and institutional leadership and responsibility.

(ii) The development and implementation of programs conducted in conjunction with national student networks or organizations.

(iii) The development, implementation, operation, or improvement of programs that concentrate on the following individual items or combination of these:

(A) Specific types of drug use or alcohol abuse.

(B) Specific approaches to the prevention of drug use or alcohol abuse. (C) Particular student activities or elements of campus life.

(d) Analysis and Dissemination Program competitions. In these competi

tions, the Secretary supports projects to analyze and disseminate successful project designs, policies, and results of projects supported under Institutionwide Program competitions and Special Focus Program competitions.

(Authority: 20 U.S.C. 3211)

§ 612.22 How does the Secretary evaluate an application?

(a) For each competition, the Secretary evaluates an application on the basis of the applicable selection criteria in § 612.23.

(b) The Secretary awards up to 100 points for the selection criteria, including a reserved 15 points to be distributed in accordance with paragraph (c) of this section. The maximum possible points for each criterion in a competition, exclusive of the reserved points, is indicated in parentheses in § 612.23(c) following the title of that criterion appearing in the list of criteria applicable to the competition.

(c) The Secretary distributes the reserved 15 points among the applicable criteria in § 612.23. The Secretary announces the distribution through a notice in the FEDERAL REGISTER.

(Authority: 20 U.S.C. 3211)

§ 612.23 What selection criteria does the Secretary use?

(a) Use of selection criteria. The Secretary uses the selection criteria described in paragraph (b) of this section to evaluate applications in the competition conducted under this part. The selection criteria applicable to each competition are listed in paragraph (c) of this section.

(b) General criteria-(1) Need. The Secretary reviews each application to determine the extent to which the project meets specific needs in drug education and prevention for students enrolled in institutions of higher education that will participate, including

(i) The needs addressed by the project;

(ii) How the applicant identified those needs; and

quality of the design of the project, including

(i) The extent to which project activities are appropriate to and designed to meet the objectives of—

the

(A) The competition; and (B) The proposed project; (ii) The extent to which project's design takes into account research findings, scholarly information, and information on exemplary practices; and

(iii) The extent and magnitude of the benefits that the design is likely to produce for students in the applicant's institution or student enrolled in institutions of higher education.

(3) Methods and management plan. The Secretary reviews each application to determine the quality of the methods and management plan proposed for implementing the design of the project, including—

(i) The extent to which the methods for implementing the design of the project and for achieving the objectives of the project are appropriate;

(ii) The extent to which the management plan is likely to be effective and will ensure proper and efficient administration of the project; and

(iii) The quality of the applicant's management plan to use its resources and personnel to achieve each objective.

(4) Key personnel. (i) The Secretary reviews each application to determine the quality of key personnel the applicant plans to use in the project, including

(A) The qualifications of the project director (if one is used) and of the other key personnel to be used in the project;

(B) The extent to which key personnel can provide specialized knowledge necessary for the success of the project or have access to that knowledge; and

(C) The time that each key person will commit to the project.

(ii) In evaluating personnel qualifications under paragraph (b)(4)(i)(A) of this section, the Secretary considers

(2) Design. The Secretary reviews each application to determine the

ed to the objectives of the project, as well as other qualifications that relate to the quality of the project.

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

(i) Are adequate and appropriate to the project; and

(ii) Are objective and will produce quantitative and qualitative data that are valid and reliable.

(6) Cost effectiveness and budget clarity. The Secretary reviews each application to determine the extent to which

(i) Costs are reasonable in relation to the objectives of the project;

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

(iii) Allocations of resources in the budget are clearly related to the objectives of the project.

(vi) Cost effectiveness and budget clarity. (10 points) (see § 612.23(b)(6)). (vii) Organizational commitment. (15 points) (see § 612.23(b)(7)).

(2) Special Focus Program competitions.

(i) The formulation of promising new approaches to individual and institutional leadership and responsibility.

(A) Need. (10 points) (see § 612.23(b)(1)). (B)

Design. (30 points) (see

§ 612.23(b)(2)).

(C) Methods and management plan. (15 points) (see § 612.23(b)(3)).

(F) Cost effectiveness and budget clarity. (10 points) (see § 612.23(b)(6)). (ii) The development and implementation of programs conducted in conjunction with national student networks or organizations.

(A) Design. (20 points) (see § 612.23(b)(2)).

(B) Methods and management plan. (20 points) (see § 612.23(b)(3)). (C) Key personnel. (15 points) (see § 612.23(b)(4)).

(D) Evaluation. (10 points) (see § 612.23(b)(5)).

(E) Cost effectiveness and budget clarity. (10 points) (see § 612.23(b)(6)). (F) Organizational commitment. (10 points) (see § 612.23(b)(7)).

(iii) The development, implementa tion, operation, or improvement of programs that concentrate on specific types of drug use or alcohol abuse; specific approaches to the prevention of drug use or alcohol abuse; particular student activities or elements of campus life; or a combination of these. (A) Need. (15 points) (see § 612.23(b)(1)).

(C) Methods and management plan. (15 points) (see § 612.23(b)(3)). (D) Key personnel. (15 points) (see § 612.23(b)(4)).

(E) Evaluation. (10 points) (see § 612.23(b)(5)).

(F) Cost effectiveness and budget clarity. (10 points) (see § 612.23(b)(6)). (3) Analysis and Dissemination Program competitions.

(i) Design. (30

§ 612.23(b)(2)).

points) (see

(ii) Methods and management plan. (20 points) (see § 612.23(b)(3)).

(iii) Key personnel. (15 points) (see § 612.23(b)(4)).

(iv) Evaluation. (10 points) (see § 612.23(b)(5)).

(v) Cost effectiveness and budget clarity. (10 points) (see § 612.23(b)(6)). (Approved by the Office of Management and Budget under control number 18400587)

(Authority: 20 U.S.C. 3211)

Off. of Postsecondary Educ., Education

§ 612.24 What additional factors does the Secretary consider?

After applications are scored and placed in rank order, the Secretary, in selecting applications for funding, seeks to achieve an equitable distribution of funded projects by considering the following factors:

(a) Geographic regions.

(b) Two-year and four-year IHES. (c) Public and private IHES. (d) IHEs with limited enrollments. (Authority: 20 U.S.C. 3211)

§ 612.25 What other information may the Secretary request?

In any competition, after applications are scored and placed in rank order, the Secretary may request of an applicant oral information related to its application. The information requested will be relevant to the applicable criteria and will be used to verify or clarify information about a project or about the applicant in the Secretary's evaluation of an application. (Authority: 20 U.S.C. 3211)

Subpart C-How Does the Secretary Make a Loan?

614.20 How does the Secretary evaluate applications?

614.21 What selection criteria are used to evaluate applications for loans for housing facilities?

614.22 What selection criteria are used to evaluate applications for loans for undergraduate academic facilities?

614.23 What selection criteria are used to evaluate applications for loans for other educational facilities?

614.24 What apportionment requirements and other limitations apply?

614.25 What determination must be made by the Secretary regarding non-availability of equally favorable terms and conditions?

614.26 What is required in a loan agreement?

614.27 What kinds of security for the loan are required?

614.28 What evidence of an approved debt instrument is required?

614.29 When does loan closing take place? 614.30 What are the conditions for interim financing?

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

614.40 What are the general rules for determining eligible development costs?