Sec. Subpart E-What Conditions Must Be Met by the National Center? 417.40 Must the National Center have a Director? 417.41 What reports must the National Center submit to the Secretary? 417.42 What activities must be performed during the fifth year of funding? AUTHORITY: Sec. 404 of the Carl D. Perkins Vocational Education Act, 20 U.S.C. 2404, as enacted by Pub. L. 98-524, unless otherwise noted. SOURCE: 50 FR 33267, Aug. 16, 1985, unless otherwise noted. § 417.1 Subpart A-General What is the National Center for Research in Vocational Education? (a) The Secretary supports the operations of the National Center for Research in Vocational Education (“National Center") established by section 404 of the Act and designated by the Secretary once every five years. (b) In designating the National Center, the Secretary acts with the advice of a panel composed of individuals appointed by the Secretary who are not Federal employees and who are recognized nationally as experts in vocational education administration and research. (Authority: Sec. 404; 20 U.S.C. 2404) $ 417.2 Who is eligible to apply to be the National Center? A nonprofit entity associated with a public or private nonprofit university which is prepared to make a substantial financial contribution towards the establishment of the National Center is eligible to be designated as the National Center. (Authority: Sec. 404; 20 U.S.C. 2404) § 417.3 What regulations apply to the National Center? The following regulations apply to the National Center: (a) The regulations in 34 CFR Part 400. (b) The regulations in this part. (Authority: Sec. 404; 20 U.S.C. 2404) § 417.4 What definitions apply to the Na tional Center? The definitions in 34 CFR 400.4 apply to the National Center. (Authority: Sec. 404; 20 U.S.C. 2404) Subpart B-What Kinds of Activities Does the Secretary Support at the National Center? 8 417.10 What kinds of activities does the National Center carry out? (a) (1) The primary purpose of the National Center are to design and conduct research and development projects that are consistent with the purposes of the Act, including— (i) Longitudinal studies which extend over a period of years; and (ii) Supplementary and short term activities. (2) The National Center may conduct its research and development projects and activities directly, or through contracts with other public agencies and public or private institutions of higher education. (b) The National Center shall(1) Conduct applied research and development on (i) Effective methods for providing quality vocational education to handicapped individuals, disadvantaged individuals, men and women in nontraditional fields, adults, individuals who are single parents or homemakers, individuals with limited English profi ciency, and individuals who are incarcerated in correctional institutions; (ii) The constructive involvement of the private sector in public vocational education; (iii) Successful methods of reinforc ing and enhancing basic academic skills in vocational settings; (iv) The development of curriculum materials and instructional methods relating to new and emerging technol ogies; (v) Assessments of the nature of change in the workplace and its effect on individual jobs; and (vi) The identification of institutional characteristics which improve the preparation of youth and adults for employment; (2) Provide leadership development through an advanced study center; (3) Provide in-service education activities for State and local leaders in vocational education; (4) Disseminate the results of the research and development projects funded by the Center; (5) Develop and provide information to facilitate national planning and policy development in vocational education; (6) Provide technical assistance to programs serving special populations, including handicapped individuals and individuals with limited English proficiency; (7) Act as a clearinghouse for information on contracts or grants made by the States to carry out research, curriculum, and personnel development activities and on contracts or grants made by the Secretary under Title IV of the Act. The National Center shall make available to the States, in a reasonable manner, abstracts on research, curriculum development, and personnel development projects; (8) Work with States, local educational agencies, and other public agencies in developing methods of planning and evaluating programs, including follow-up studies of program completers, so that public agencies can offer vocational education programs which are more closely related to the types of jobs available in their communities, States, and regions; and (9) After consultation with the National Commission for Employment Policy, report annually to the Congress, the Secretary, and the Secretary of Labor on the extent, efficiency, and effectiveness of joint planning and coordination under the Act and the Job Training Partnership Act. (c) The Secretary awards a grant annually for the operation of the National Center. (Authority: Sec. 404; 20 U.S.C. 2404) Subpart C-How Does One Apply to be the National Center? § 417.20 What must an application include? An application must describe the financial contribution the public or pri vate nonprofit university will make towards the establishment of the National Center. (Approved by the Office of Management and Budget under control number 18300013) (Authority: Sec. 404; 20 U.S.C. 2404) Subpart D-How Does the Secretary Designate the National Center? § 417.30 How does the Secretary evaluate an application? (a) The Secretary evaluates an application on the basis of the criteria in § 417.31. (b) The Secretary may award up to 100 points based on the criteria in § 417.31. (c) The maximum possible points for each criterion is indicated in parentheses after the heading for each criterion. (Authority: Sec. 404; 20 U.S.C. 2404) § 417.31 What selection criteria does the Secretary use? The Secretary uses the following selection criteria in evaluating each application: (a) Required functions. (40 points) The Secretary reviews each application for information that shows that each of the required services and activities the applicant will conduct under § 417.10(b) will be of high quality and effective. (b) Management. (20 points) (1) The Secretary reviews each application for information that shows the quality of the management plan. (2) The Secretary looks for information that shows (i) The applicant's philosophy of management for the National Center; (ii) How the applicant will implement that philosophy of management in organizing the National Center, particularly with regard to the public or private nonprofit university with which it is associated; (iii) The applicant's plan for managing the National Center's activities and personnel, including quality control procedures for its activities and products and procedures for monitoring compliance with timeliness; and (iv) Adequate budgeting, accounting, and recordkeeping procedures. (c) Quality of key personnel. (15 points) (1) The Secretary reviews each application for information that shows the qualifications of the key personnel the applicant plans to use for the National Center. (2) The Secretary looks for information that shows (i) The qualifications of the Director; (ii) The qualifications of each of the other key personnel to be used for the National Center; (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 National Center, as well as other information that the applicant provides. (d) Vocational education experience. (10 points) (1) The Secretary reviews each application for information that shows the institutional experience of the applicant. (2) The Secretary looks for information that shows (i) The applicant's experience in conducting applied research and development activities in the field of vocational education of the type described in the Act; and (ii) The applicant's capacity for conducting applied research and development activities in the field of vocational education of the type described in the Act. (e) 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 informa tion 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. (f) Budget and cost effectiveness. (5 points) (1) The Secretary reviews each ap plication for information that shows that the National Center will have an adequate budget and will be cost effec tive. (2) The Secretary looks for informa tion that shows (i) The budget for the National Center is adequate to support the project activities; and (ii) Costs are reasonable in relation to the objectives of the project. (g) External relations. (5 points) (1) The Secretary reviews each application for information that showS that the National Center will have cooperative productive relationships with interested and affected entities. (2) The Secretary looks for information that explains the National Center's future relationship to— (i) The National Commission for Employment Policy; (ii) The advisory committee established under section 404(c) of the Act; and (iii) Personnel at the State and local level who are working to improve vocational education programs, materials and curricula. (Approved by the Office of Management and Budget under control number 18300013) (Authority: Sec. 404; 20 U.S.C. 2404) Subpart E-What Conditions Must be Met by the National Center? § 417.40 Must the National Center have a Director? The National Center shall have a Director who is appointed by the university associated with the National Center and is assisted by the advisory committee established under section 404(c) of the Act. (Authority: 2404(a)(3)) Sec. 404(a)(3); 20 U.S.C. § 417.42 What activities must be per § 417.41 What reports must the National Center submit to the Secretary? (a) The National Center shall submit the following to the Secretary: (1) Minutes of each meeting of the advisory committee established under section 404(c) of the Act, within 30 days after each meeting. (2) Quarterly performance reports which described the progress, problems, and future plans for each significant activity of the National Center, within 30 days of the end of each quarter. (3) Quarterly financial status reports (Standard Form 269), within 30 days of the end of each quarter. (4) Monthly exception reports which describe (i) Any problems, delays, or adverse conditions which materially impair the ability of the National Center to accomplish its purposes, along with an explanation of any action taken or contemplated to resolve the difficulties; and (ii) Any favorable developments which will permit the National Center to accomplish its purposes sooner, at less cost, or more effectively than projected. (5) Ten copies of all substantive reports and products produced under the grant. (6) An annual performance report which summarizes the accomplishments of each significant activity of the National Center during that grant year, within 90 days of the end of the grant year. (The annual performance report may be submitted in place of the quarterly financial status reports under paragraph (a)(3) of this section for the fourth quarter of each year.) (7) A final performance report which summarizes the accomplishments of each significant activity of the National Center during the five year award cycle, within 90 days of the end of that cycle. (b) The annual reporting requirement in 34 CFR 75.720(b) does not apply to this part. (Authority: Sec. 404; 20 U.S.C. 2404) formed during the fifth year of funding? During the fifth year of the award cycle, the National Center shall develop and remain prepared to implement a contingency plan for completing all substantive work by the end of the eleventh month of that year and transferring all projects, services, and activities to a successor during the twelfth month of that year. (Approved by the Office of Management and Budget under control number 18300013) (Authority: Sec. 404; 20 U.S.C. 2404) PART 425-ADULT EDUCATION— GENERAL PROVISIONS Sec. 425.1 What is the purpose of the Adult Education Act? 425.2 What programs are authorized by the Adult Education Act? 425.3 What regulations apply to the adult education programs? 425.4 What definitions apply to the adult education programs? AUTHORITY: 20 U.S.C. 1201 et seq., unless otherwise noted. SOURCE: 54 FR 34409, Aug. 18, 1989, unless otherwise noted. § 425.1 What is the purpose of the Adult Education Act? The purpose of the Adult Education Act (the Act) is to assist the States to (a) Improve educational opportunities for adults who lack the level of literacy skills requisite to effective citizenship and productive employment; (b) Expand and improve the current system for delivering adult education services, including delivery of these services to educationally disadvantaged adults; and (c) Encourage the establishment of adult education programs that will (1) Enable adults to acquire the basic educational skills necessary for literate functioning; (2) Provide adults with sufficient basic education to enable them to benefit from job training and retraining programs and obtain and retain pro ductive employment so that they might more fully enjoy the benefits and responsibilities of citizenship; and (3) Enable adults who so desire to continue their education to at least the level of completion of secondary school. (Authority: 20 U.S.C. 1201) § 425.2 What programs are authorized by the Adult Education Act? The following programs are authorized by the Act: (a) Adult Education State-administered Basic Grant Program (34 CFR part 426). (b) National Workplace Literacy Program (34 CFR part 432). (c) State-administered Workplace Literacy Program (34 CFR part 433). (d) State-administered English Literacy Program (34 CFR part 434). (e) National English Literacy Demonstration Program for Individuals of Limited English Proficiency (34 CFR part 435). (f) Adult Migrant Farmworker and Immigrant Education Program (34 CFR part 436). (g) National Adult Literacy Volunteer Training Program (34 CFR part 437). (h) State Program Analysis Assistance and Policy Studies Program (34 CFR part 438). (Authority: 20 U.S.C. 1201 et seq.) § 425.3 What regulations apply to the adult education programs? The following regulations apply to the adult education programs: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations) for grants, including cooperative agreements, to institutions of higher education, hospitals, and nonprofit organizations. (2) 34 CFR part 75 (Direct Grant Programs) (applicable to parts 432, 435, 436, 437, and 438). (3) 34 CFR part 76 (State-administered Programs) (applicable to parts 426, 433, and 434), except that 34 CFR 76.101 (The general State application) does not apply. (4) 34 CFR part 77 (Definitions that Apply to Department Regulations). (5) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (6) 34 CFR part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) for grants, including cooperative agreements, to State and local governments, including Indian tribal organizations. (7) 34 CFR part 81 (General Education Provisions Act-Enforcement). (8) 34 CFR part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)). (b) The regulations in this part 425. (c) The regulations in 34 CFR parts 426, 432, 433, 434, 435, 436, 437, and 438. (Authority: 20 U.S.C. 1201 et seq.) § 425.4 What definitions apply to the adult education programs? (a) Definitions in the Act. The following terms used in regulations for adult education programs are defined in sections 312 and 326(b) of the Act: Academic education Adult Adult education Community-based organization Correctional institution Educationally disadvantaged adult (b) Definitions in EDGAR. The following terms used in regulations for adult education programs are defined in 34 CFR 77.1: Applicant Application Award Budget Budget period Contract |