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2441(b), as enacted by Pub. L. 98-524, unless otherwise noted.

SOURCE: 50 FR 33253, Aug. 16, 1985, unless otherwise noted.

Subpart A-General

§ 408.1 What is the Bilingual Vocational Instructor Training Program?

The Bilingual Vocational Instructor [ Training Program provides financial I assistance for conducting training for instructors of bilingual vocational education and training programs for individuals with limited English proficiency.

(Authority: Sec. 441(b)(1); 20 U.S.C. 2441(b)(1))

§ 408.2 Who is eligible to apply for assistance under this program?

(a) The following are eligible to apply for grants, contracts, or cooperative agreements under this program:

(1) State agencies.

(2) Public and private nonprofit educational institutions.

(b) Private for-profit educational institutions are eligible for contracts under this program.

(Authority: Sec. 441(b)(1); 20 U.S.C. 2441(b)(1))

§ 408.3 What regulations apply to this program?

The following regulations apply to the Bilingual Vocational Instructor Training Program:

(a) The regulations in 34 CFR Part 400.

(b) The regulations in this part. (Authority: Sec. 441(b); 20 U.S.C. 2441(b))

§ 408.4 What definitions apply to this program?

The definitions in 34 CFR 400.4 apply to this program.

(Authority: Sec. 441(b); 20 U.S.C. 2441(b))

Subpart B-What Kinds of Activities Does the Secretary Assist Under This Program?

§ 408.10 What types of projects may be funded?

(a) The Secretary provides assistance through grants, contracts, or cooperative agreements for

(1) Preservice and inservice training for instructors, aides, counselors, or other ancillary personnel participating or preparing to participate in bilingual vocational training programs; and

(2) Fellowships and traineeships for individuals participating in preservice or inservice training.

(b) The Secretary does not make an award under this program unless the Secretary determines that the applicant has an ongoing vocational training program in the field in which participants will be trained and can provide instructors with adequate language capabilities in the language other than English to be used in the project.

(Authority: Sec. 441(b) (2), (3))

Subpart C-How Does One Apply for a Grant?

§ 408.20 What must an application include?

An application must

(a) Provide that the activities and services for which assistance is sought will be administered by or under the supervision of the applicant;

(b) Describe the capabilities of the applicant, including vocational training or education courses offered by the applicant, accreditation, and any certification of courses by appropriate State agencies;

(c) Describe the qualifications of principal staff responsible for any project under the Bilingual Vocational Instructor Training Program;

(d) Describe minimum qualifications for trainees participating or preparing to participate in any project, and the selection process for these individuals;

(e) Contain the projected amount of the fellowships or traineeships, if any; and

(f) Contain sufficient information for the Secretary to make the determination required by § 408.10(b).

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

(Authority: Sec. 441(d)(1), (4); 20 U.S.C. 2441(d)(1)(4))

Subpart D-How Does the Secretary Make a Grant?

§ 408.30 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 § 408.31.

(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 § 408.31.

(c) Subject to paragraph (d) of this section, the maximum possible points for each criterion is indicated in parentheses after the heading for each criterion.

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(d) For each competition, as nounced in a notice published in the FEDERAL REGISTER, the Secretary may assign the reserved 15 points among the criteria in § 408.31.

(e) Prior to making an award the Secretary consults with the State board designated or established under section 111 of the Act to ensure an equitable distribution of assistance among populations of individuals with limited English proficiency within the State.

(Authority: Sec. 441(b), (d)(5); 20 U.S.C. 2441(b), (d)(5))

§ 408.31 What selection criteria does the Secretary use?

The Secretary uses the following selection criteria in evaluating each application:

(a) Need. (20 points)

(1) The Secretary reviews each application for specific information that shows the need for the proposed training in the local geographic area.

(2) In making this determination the Secretary looks for information that shows

(i) The need for the proposed training;

(ii) Specifically how the need will be met;

(iii) Ongoing and planned activities in the community that pertain to the need, where appropriate.

(b) Plan of operation. (20 points)

(1) The Secretary reviews each application for information that shows the quality of the plan of operation for the project.

(2) The Secretary looks for information that shows

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

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

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

(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and

(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

(B) Women;

(C) Handicapped persons; and (D) The elderly.

(c) Quality of key personnel. (20 points)

(1) The Secretary reviews each application for information that shows the qualifications of the key personnel the applicant plans to use on the project.

(2) The Secretary looks for information that shows

(i) The qualifications of the project director (if one is to be used);

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

(iii) The time that each person referred to in paragraphs (c)(2) (i) and (ii) of this section will commit to the project; and

(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that

have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

(B) Women;

(C) Handicapped persons; and (D) The elderly.

(3) To determine personnel qualifications, the Secretary considers experience and training, in fields related to the objectives of the project, as well as other information that the applicant provides.

(d) Budget and cost effectiveness. (10 points)

(1) The Secretary reviews each application for information that shows that the project has an adequate budget and is cost effective.

(2) The Secretary looks for information that shows

(i) The budget for the project is adequate to support the project activities; and

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

(e) Evaluation plan. (10 points) (1) The Secretary reviews each application for information that shows the quality of the evaluation plan for the project.

CROSS-REFERENCE: See 34 CFR 75.590 (Evaluation by the grantee).

(2) The Secretary looks for information that shows methods of evaluation that are appropriate for the project and, to the extent possible, are objective and produce data that are quantifiable.

(f) Adequacy of resources. (5 points) (1) The Secretary reviews each application for information that shows that the applicant plans to devote adequate resources to the project.

(2) The Secretary looks for information that shows

(i) The facilities that the applicant plans to use are adequate; and

(ii) The equipment and supplies that the applicant plans to use are adequate.

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

(Authority: Sec. 441(b); 20 U.S.C. 2441(b))

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§ 409.3 What regulations apply to this program?

The following regulations apply to the Bilingual Vocational Materials, Methods, and Techniques Program:

(a) The regulations in 34 CFR Part 400.

(b) The regulations in this part. (Authority: Sec. 441(c); 20 U.S.C. 2441(c))

§ 409.4 What definitions apply to this program?

The definitions in 34 CFR 400.4 apply to this program.

(Authority: Sec. 441(c); 20 U.S.C. 2441(c))

Subpart B-What Kinds of Activities Does the Secretary Assist Under This Program?

§ 409.10 What types of projects may be funded?

The Secretary provides assistance through grants, contracts, or cooperative agreements for

(a) Research in bilingual vocational training;

(b) The development of instructional and curriculum materials, methods, or techniques;

(c) Training projects to familiarize State agencies and training institutions with research findings and with successful pilot and demonstration projects in bilingual vocational education and training; and

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pilot, and demonstration projects. (Authority: Sec. 441.(c)(2); 20 U.S.C. 2441(c)(2))

§ 409.11 How does the Secretary establish priorities for this program?

(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 § 409.10.

(b) The Secretary may establish a separate competition for one or more of the priorities selected. If a separate competition is established for one or more priorities, the Secretary may reserve all applications that relate to those priorities for review as part of the separate competition.

(Authority: Sec. 441(c)(2); 20 U.S.C. 2441(c)(2))

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

(Authority: Sec. 441(d)(1), (3); 20 U.S.C. 2441(d)(1), (3))

Subpart D-How Does the Secretary Make a Grant?

§ 409.30 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 § 409.31.

(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 § 409.31.

(c) Subject to paragraph (d) of this section, the maximum possible points for each criterion is indicated in parentheses after the heading for each criterion.

(d) For each competition, as announced in a notice published in the FEDERAL REGISTER, the Secretary may assign the reserved 15 points among the criteria in § 409.31.

(Authority: Sec. 441(c), 20 U.S.C. 2441(c))

§ 409.31 What selection criteria does the Secretary use?

The Secretary uses the following selection criteria in evaluating each application:

(a) Need. (20 points)

(1) The Secretary reviews each application for information that shows the need for the proposed services and activities for individuals with limited English proficiency.

(2) The Secretary looks for information that shows

(i) Specific evidence of the need; and (ii) Specific information about how the need will be met.

(b) Plan of operation. (20 points)

(1) The Secretary reviews each application for information that shows the quality of the plan of operation for the project.

(2) The Secretary looks for information that shows

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

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

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

(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and

(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

(B) Women;

(C) Handicapped persons; and (D) The elderly.

(c) Quality of key personnel. (20 points)

(1) The Secretary reviews each application for information that shows the qualifications of the key personnel the applicant plans to use on the project.

(2) The Secretary looks for information that shows

(i) The qualifications of the project director (if one is to be used);

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

(iii) The time that each person referred to in paragraphs (c)(2) (i) and (ii) of this section will commit to the project; and

(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

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