(1) The average annual aggregate expenditures for the preceding three fiscal years; or

(2) The average annual expenditure per full-time equivalent student for those years; and

(i) Provides for reports to the Secretary that are necessary to carry out the Secretary's functions under this part.

(Approved by the Office of Management and Budget under control number 18400544)

(Authority: 20 U.S.C. 1070c-2)

Subpart D-How Does a State Administer Its Community ServiceLearning Job Program?

§ 692.30 How does a State administer its community service-learning job program?

(a)(1) Each year, a State may use up to 20 percent of its allotment for a community service-learning job program that satisfies the conditions set forth in paragraph (b) of this section.

(2) A student who receives assistance under this section must receive compensation for work and not a grant.

(b)(1) The community service-learning job program must be administered by institutions of higher education in the State.

(2) Each student employed under the program must be employed in work in the public interest by an institution itself or by a Federal, State, or local public agency or a private nonprofit organization under an arrangement between the institution and the agency or organization.

(c) Each community service-learning job must

(1) Provide community service as described in paragraph (d) of this section;

(2) Provide participating students community service-learning opportunities related to their educational or vocational programs or goals;

(3) Not result in the displacement of employed workers or impair existing contracts for services;

(4) Be governed by conditions of employment that are considered appropriate and reasonable, based on such factors as type of work performed,

geographical region, and proficiency of the employee;

(5) Not involve the construction, operation, or maintenance of any part of a facility used or to be used for religious worship or sectarian instruction; and

(6) Not pay any wage to a student that is less than the current Federal minimum wage as mandated by section 6(a) of the Fair Labor Standards Act of 1938.

(d) For the purpose of paragraph (c)(1) of this section, "community service" means direct service, planning, or applied research that is—

(1) Identified by an institution of higher education through formal or informal consultation with local nonprofit, governmental, and communitybased organizations; and

(2) Designed to improve the quality of life for residents of the community served, particularly low-income residents, in such fields as health care, child care, education, literacy training, welfare, social services, public safety, crime prevention and control, transportation, recreation, housing and neighborhood improvement, rural development, and community improvement.

(e) For the purpose of paragraph (d)(2) of this section, "low-income residents" means

(1) Residents whose taxable family income for the year before the year in which they are scheduled to receive assistance under this part did not exceed 150 percent of the amount equal to the poverty level determined by using criteria of poverty established by the United States Census Bureau; or (2) Residents who are considered low-income residents by the State.

(2) Residents who are considered low-income residents by the State. (Authority: 20 U.S.C. 1070c-2, 1070-4)

Subpart E-How Does a State Select Students Under This Program?

§ 692.40 What are the requirements for student eligibility?

To be eligible for assistance, a student must

8 700.2 Who is eligible for an award?

The following are eligible for awards under the Educational Research Grant Programs:

(a) Institutions of higher education. (b) Public and private organizations, institutions, and agencies.

(c) Individuals.

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

§700.3 What types of activities may the Secretary fund?

(a) The Secretary may fund applications that include, but are not limited to, those designed to carry out one or more of the following activities:

(1) Educational research.

(2) Dissemination of educational research.

(3) Training of individuals in educational research.

(b) For each competition, the Secretary may restrict applications to one or more of the activities in paragraph (a) of this section.

(c) For each competition for invitational applications announced in the FEDERAL REGISTER, the Secretary may restrict educational research projects to one or more of the following activities:

(1) Basic research.
(2) Applied research.
(3) Development.
(4) Planning.
(5) Surveys.
(6) Assessments.
(7) Evaluations.
(8) Investigations.
(9) Experiments.

(10) Demonstrations in education and fields related to education.

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

§700.4 What priorities may the Secretary establish?

(a) For each competition for invitational applications, the Secretary may select funding priorities from a list of biennial research priorities published in the FEDERAL REGISTER for public comment pursuant to section 405(b)(4) of the Act. These biennial research priorities may include one or more priorities from paragraph (b) of this section.