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Title I, Community Service and Continuing Education

This program provides grants to the States to strengthen community service programs of colleges and universities for the purpose of assisting in the solution of community problems. The program is administered in each State by a State Agency designated by the Governor, under a State Plan approved by the U.S. Commissioner of Education. The State Agency establishes program priorities for its State, and approves institutional proposals to be funded. Funds are provided on a 66-2/3 Federal and 33-1/3 non-Federal basis. A community service project under this act means an educational program, activity, or service, including a research program and a university extension or continuing education offering, designed to assist in the solution of community problems.

Section 106, Title I of the Education Amendments of 1972 authorizes the Commissioner to reserve 10 percent of sums appropriated in order to make "grants to, and contracts with, institutions of higher education (and combinations thereof) to assist them in carrying out special programs and projects. . . which are designed to seek solutions to national and regional problems relating to technological and social changes and environmental pollution." It has been determined that program activities will be limited to either demonstration projects or experimental efforts. Projects must be based on a design for and the implementation of organized continuing education activity for adults.

For further information on this program, please contact:

Chief, Community Services and Continuing Education Section
Division of Training and Facilities

Bureau of Postsecondary Education

U.S. Office of Education

Washington, D.C. 20202

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FINANCIAL ASSISTANCE FOR COMMUNITY SERVICE AND CONTINUING EDUCATION PROGRAMS

Subpart A-General

Definitions.

Applicability of general provisions.

Subpart B-State Plan Program

173.10 Purpose and Scope.

173.11

State agency or institution.

173.12 State plan provisions.

173.13 173.14

State plan amendments.
Annual program plan.

173.15 Approval of State plan, non-compliance, judicial review.

173.10 Ineligible programs.

173.17

(Reserved).

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Subpart A-General

Definitions.

As used in this part:

"Act" means Title I of the Higher Education Act of 1965, as amended. (20 U.S.C. 1001-1011)

"Combination of institutions" means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on their behalf.

"Community service program" pursuant to Section 102 of the Act means an educational program, activity, or service offered by an institution(s) of higher education and designed to assist in the solution of community problems in rural, urban, or suburban areas with particular emphasis on urban and suburban problems. Such programs may include but are not limited to research, technical assistance or consultation, or an extension or continuing education activity or course, provided that any such course is fully acceptable toward an academic degree, or is of college level as determined

by the institution offering the course, (20 U.S.C. 1002)

"Educational service" means an aspect of the community service program involving the resources of an institution (s) of higher education, including but not limited to equipment and library materials used in support of efforts to solve community problems. (20 U.S.C. 1002)

"Educational research activity" means a research program of experimental or demonstration nature carried out on an objective and systematic basis using the resources of an institution(s) to identify and develop new or improved approaches to the solution of community problems. (20 U.S.C. 1002)

"Extension and continuing education activity" refers to the extension, on a basis of temporal and geographic convenience, of the teaching and research resources of an institution of higher education to meet the special educational needs of the adult population which has either completed or interrupted formal training. Instructional methods include, but are not limited to, formal classes, lectures, demonstrations, counseling and correspondence, radio, television, and other innovative techniques of instruction and study. (20 U.S.C. 1002)

"Institution of higher education" means an educational institution in any State which meets the requirements of section 1201(a) of the Act. (20 U.S.C. 1141(a))

"Special project or special program” means an experimental activity or demonstration of regional or national significance carried out pursuant to section 106 of the Act on an objective and systematic basis using the resources of an institution of higher education or combinations thereof, to identify and develop new or improved educational approaches to problems relating to technological and social changes and environmental pollution. (20 U.S.C. 1005a (a))

"School or department of divinity" means an institution, or a department or branch of an institution, whose educational program is specifically designed to prepare students to become ministers of religion (or to provide continuing training for any such programs), to enter into some other religious vocation or to teach theological subjects. (20 U.S.C. 1141(1))

"State agency or institution" or "State agency" means the State agency or State institution designated or created pursuant to section 105(a) of the Act and § 173.10. (20 U.S.C. 1005(a))

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Assistance under this part is subject to applicable general provisions contained in Subchapter A of this chapter (relating to fiscal, administrative, property management, and other matters). (20 US.C. 1001 et seq; 45 CFR Part 100; 38 FR 30654 (November 6, 1973); as amended 39 F.R. 19211 (May 31, 1974)).

Subpart B-State Plan Program

§ 173.10 Purpose and Scope.

The program described in this subpart shall be administered by the State agency or institution pursuant to a State plan developed and submitted through the State agency or institution and approved by the Commissioner. The State plan shall set forth a comprehensive, coordinated, and statewide system of community service programs designed to assist in the solution of community problems in rural, suburban areas (with particular emphasis on urban and suburban problems), such as, but not limited to, housing, poverty, government, recreation, employment, youth opportunities, transportation, health, and land use, by uti lizing the resources of institutions of higher education: Provided however, That where funds are insufficient to support such a program, the State plan may set forth one or more proposals for community service programs in lieu thereof. The State plan and amendments thereof, once approved by the Commissioner, shall constitute the basis on which Federal allotments are paid to the State as well as the basis for determining the allowable expenditures by the State and participating institutions where support for a community service and continuing education program is derived in whole or in part from Federal funds. (20 U.S.C. 1005)

§ 173.11 State agency or institution.

(a) The State shall designate or create a single State agency or institution to develop, submit, administer and supervise the administration of the State plan. The agency or institution so designated or created shall include individuals who have special qualifications or experience in working with and solving community problems, and who are broadly representative of institutions of higher education in the State, public and private, which are competent to offer community service programs. The State may, however, designate an existing State agency or institution which does not meet the above requirements, provided that (1) such State agency or institution takes whatever action is necessary to meet such requirements, or (2) the State designates or creates an advisory council which does meet the requirements to consult with the designated State agency or institution in the

preparation of the State plan and amendments thereto and in connection with any policy matters arising in the administration of the plan.

(b) The State agency or institution shall notify the Commissioner within 15 days of changes in the composition of either the State agency or institution, or the State advisory council, if any, affecting its special qualifications with respect to solving community problems or its being broadly representative of institutions of higher education in the State, public and private, which are competent to offer community service programs.

(c) If there is a change in the composition of the State agency or institution, the State shall also designate the official of the State agency or institution to whom communications shall be directed and who shall be responsible for submitting the State plan to the Commissioner for approval. (20 U.S.C. 1005) § 173.12 State plan provisions.

(a) Administrative. The State plan shall contain a statement of the name and composition of the designated or created State agency or institution. It shall also contain assurances that the State agency or institution shall be the sole agency for the administration of the State plan or for supervision of the administration of the State plan, and that, where applicable, such agency or institution shall consult with any required State advisory council with respect to policy matters arising in the preparation and administration of the plan.

(b) Program selection policies and procedures. The State plan shall contain a general statement setting forth the policies and procedures which will be followed by the State agency in selecting those community problem(s) or specific aspects thereof for the solution of which Federal funds allotted under this program will be used. The statement shall describe any general methods and/or criteria which the State agency has determined will be used in making such selection(s). The statement shall also describe the procedures that will be used by the State agency to give adequate notice of the selection(s) to eligible institutions of higher education within the State.

(c) Institutional selection policies and procedures. The State plan shall set forth policies and procedures to be used in selecting institution(s) of higher education for participation in community service programs under the plan. Such policies and procedures shall adequately describe the criteria for review of applications and shall indicate the Criteria which will be used in selecting institutions for participation and the degree of consideration to be given the following:

(1) Whether the program, service, or activity proposed to be undertaken by an institution of higher education is specifi

cally designed directly to assist in the solution of urban, rural, or suburban problems with special emphasis upon urban and suburban problems;

(2) Whether the relative capacity and willingness of the particular institution(s), public or private, will be utilized to provide effective community service programs;

(3) Whether the program, service, or activity will effectively utilize the special resources of the institution(s) of higher education and its faculty;

(4) Whether the program, service, or activity will be consistent with the overall educational program of the institution(s) of higher education;

(5) Whether a single community service program will be undertaken by two or more institutions of higher education within the State or, by or with one or more institutions in other States; and

(6) Whether the results of periodic, objective and systematic evaluations of the programs, services, and activities will be considered in the light of information regarding current and anticipated community problems. (20 U.S.C. 1005) § 173.13 State plan amendments.

(a) Annual. (1) The State plan shall be amended annually, on or before such date as the Commissioner may designate, in order that the State plan will contain the information required by $173.14. The amendement shall meet the certification requirements of § 173.21 and shall become effective upon approval by the Commissioner.

(2) Notwithstanding the approval of a State plan during any prior year, unless and until the annual amendment has been submitted by the State agency or institution and approved by the Commissioner, there is no basis on which commitments of funds for new projects may be made by the State agency.

(b) Other amendments. The State plan shall be appropriately amended whenever there is any material change in the designation of the State agency the content or administration of the State plan, or when there has been a change in pertinent State law. Such amendment shall clearly indicate the changes and shall mect the certification requirements of § 173.21 and shall become effective upon approval by the Commissioner. (20 U.S.C. 1005)

§ 173.14 Annual program plan.

funds, a brief summary of the basis of this determination, a description of the community service program proposed in lieu thereof for which financial assistance is requested, and the basis for selection thereof. The description of the method followed by the State agency in determining the community problem(s) or aspects thereof to be solved shall indicate the degree to which:

(1) The State agency has consulted with representative community leaders, associations, and organizations, and with representatives of institutions of higher education;

to the existence of other federally fi(2) Due consideration has been given nanced programs dealing with similar State and to coordination with such proand other community problems in the grams, particularly in determining prłorities of problems;

(3) Due consideration has been given to the resources of institutions of higher education especially relevant or adaptable to develop and carry out community service programs related to the community problems selected;

(4) Due consideration has been given to the relationship of the community problem (s) selected to other significant problems in the State; and

(5) Other criteria have been used in selecting community service problems to be included under the program. (20 U.S.C. 1005)

(c) In describing the particular community problem(s) and the aspects thereof that the State will attempt to solve, the annual program statement submitted by the State agency shall indicate the scope, prevalence, complexity, duration, and other appropriate specific aspects of the problems; and the relationship between the types of activities proposed and similar types of existing and contemplated activities in the State. The statement shall also indicate whether the problem(s) and specific aspects thereof exist in all types of communities or whether they are of general significance to the State as a whole although not specifically manifested in all communities thereof. The statement also shall indicate the approximate amount from the State's allotment that the State agency estimates will be required in order to carry out each type of program which will be undertaken in attempting to solve these problems. (20 U.S.C. 1005)

(d) If a State desires to carry out (a) The annual program plan shall community service programs other than be submitted as an amendment on an those possible under its allotment, it may annual basis as required under § 173.13. indicate such programs with the same (b) The annual program submission specificity as given those presently unshall contain a statement describing the dertaken and the priority of importance specific aspects of the comprehensive, and the basis therefor together with coordinated, and statewide system of budgetary estimates of each program, community service programs or, if it is service, or activity. Such programs, servdetermined that a comprehensive, co- ices, and activities may be considered for ordinated, and statewide system of com- funding with any funds reallotted under munity service programs cannot be effec- section 103(b) of the Act. (20 U.S.C. tively carried out by reason of insufficient 1003(b))

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