PART 159 - TALENT SEARCH PROGRAMS [45 CFR Part 159] TALENT SEARCH Notice of Proposed Rulemaking In accordance with section 503 of the Education Amendments of 1972 (Pub. L. 92-318) and pursuant to the authority contained in Title IV-A-4 of the Higher Education Act of 1965, as amended, (20 U.S.C. 1070d-1070d-1), the Commissioner of Education, with the approval of the Secretary of Health, Education, and Welfare, proposes to amend Chapter I of Title 45 of the Code of Federal Regulations by adding Part 159, which governs the administration of the Talent Search Program, to read as set forth below. 1. Program purpose. The Talent Search Program, authorized by section 417B of the Higher Education Act, is designed to identify qualified youths of financial or cultural need with an exceptional potential for postsecondary educational training and encourage them to complete secondary school and undertake postsecondary educational training, publicize existing forms of student financial aid, and encourage secondary school or college dropouts of demonstrated aptitude to reenter educational programs, including postsecondary school programs. 2. Section 503 procedures and effect. Section 503 of the Education Amendments of 1972 requires the Commissioner to study all rules, regulations, guidelines, or other published interpretations or orders issued by him or by the Secretary after June 30, 1965, in connection with, or affecting, the administration of Office of Education programs; to report to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives concerning such study; and to publish in the FEDERAL REGISTER such rules, regulations, guidelines, interpretations, and orders, with an opportunity for public hearing on the matters 80 published. The regulations proposed below reflect the results of this study as it pertains to the Talent Search Program. Upon publication of the proposed regulations in final form, after comments and a hearing, all preceding rules, regulations, guidelines, and other published interpretations and orders issued in connection with or affecting the Talent Search Program will be superseded, effective 30 days after such publication. 3. Effect of Office of Education general provisions regulations. The proposed regulations do not include provisions relating to general fiscal and administrative matters which are covered in the overall Office of Education general provisions regulations (45 CFR 100a). 4. Citations of legal autohrity. As required by section 431(a) of the General Education Provisions Act (20 U.S.C. 1232(a)) and section 503 of the Education Amendments of 1972, a citation of statutory or other legal authority for each section of the regulations has been placed in parentheses on the line following the text of the section. On occasion, a citation appears at the end of a subdivision of the section. In that case the citation is to all that appears in that section between the citation and the next preceding citation. When the citation appears only at the end of the section, it applies to the entire section. 5. Opportunity for public hearing. Pursuant to Section 503 (c) of the Education. Amendments of 1972, the Commissioner will provide interested parties an opportunity for a public hearing on these regulations. Hearings will be held in the following places on the dates below and will commence at 10:00 a.m. on each of the days specified. Room 1130-1132, 1200 Main Tower Building, Dallas, Texas 75202. Public hearing will be held on January 12, 1976. c. San Francisco, California Room 15018, Federal Office Building, 450 Golden Gate Avenue, San Francisco, California 94102. Public hearing will be held on January 12, 1976. The purpose of the hearing is to receive comments and suggestions on the published materials. Parties interested in attending the hearing should not'fy the Office of Education, 400 Maryland Avenue SW., Room 2085, Fob 6, Washington, D.C. 20202, Attention: Chairman, Office of Education Task Force on Section 503, and are urged to submit a written copy of their comments with such notification. Each party planning to make oral comments at the hearing is urged to limit his or her presentation to a maximum of fifteen minutes. Written comments and recommendations may also be sent to the above address. All relevant material received prior to the thirtieth day from the date these regulations are published in the FEDERAL REGISTER will be considered. Comments and suggestions submitted in writing will be available for review in the above office between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday of each week. 159.8 159.9 159.10 159.11 Applications. Funding criteria. Project activities and services-project National demonstration projects. Salary and wage rates. 159.14 Functional relationships and unification among Talent Search, Upward Bound, Special Services for Disadvantaged Students, and Educational Opportunity Centers. AUTHORITY: Sec. 417A-417B, Title IV of the Higher Education Act of 1965 as amended by sec. 131(b), Title I, Pub. L. 92-318, 86 Stat. 258-259 (20 U.S.C. 1070d-1070d-1), unless otherwise noted. § 159.1 Scope and purpose-general provisions regulations. (a) The regulations in this part govern the administration of the Talent Search Program. This program is designed to (1) identify youths of financial or cultural need with an exceptional potential for postsecondary educational training and encourage them to complete secondary school and undertake postsecondary educational training, (2) publicize existing forms of student financial aid, and (3) encourage secondary school or college dropouts of demonstrated aptitude to reenter educational programs, including postsecondary school programs. The goal of the projects funded under this part shall be to increase the rate at which youths of financial or cultural need complete secondary school and enroll, with adequate financial aid, in postsecondary educational programs. (b) Assistance provided under this part is subject to applicable provisions contained in subchapter A of this chapter relating to fiscal, administrative, and other matters (General Provisions for Office of Education Programs-45 CFR 100a). (20 U.S.C. 1070d-1070d-1) institution designated or created by a group of institutions of higher education for the purpose (although not necessarily for the exclusive purpose) of carrying out a Talent Search project on their behalf. (20 U.S.C. 1141(j)) (c) “Cultural need” means with regard to a youth the lack of exposure to or insufficient knowledge of the values of society which are necessary for success in postsecondary education. (20 U.S.C. 1070d-1) (d) "Demonstrated aptitude" means with regard to secondary and postsecondary dropouts a documented competence in those skills necessary to enter, reenter or complete postsecondary education. (20 U.S.C. 1070d-1) (e) "Exceptional potential" means a capacity for success in postsecondary education which is documented either by traditional measurements, including standardized achievement tests, or other verifiable indicators; (20 U.S.C. 1070d-1) (f) "Institution of higher education" means an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a 2-year program which is acceptable for full credit toward such a degree, (4) is a public or other nonprofit institution, and (5) is accredited by a nationally recognized accrediting agency or association or, if not so accredited, (i) is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (ii) 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. Such term also includes any school which provides not less than a 1year program of training to prepare students for gainful employment in a recognized occupation and which meets the provision of subparagraphs (1), (2), (4), and (5) of this paragraph, unless the school is a public institution, in which case it may also be accredited by the State agency in that State which has been listed by the Commissioner as a re liable authority as to the quality of public postsecondary vocational education in that State, and any proprietary institution of higher education as defined in paragraph (g) of this section, which has an agreement with the Commissioner containing such terms and conditions as the Commissioner determines to be necessary to insure that the availability of assistance to students at the school under this part has not resulted, and will not result, in an increase in the tuition, fees, or other charges to such students. (20 U.S.C. 1141(a); 20 U.S.C. 1088 (b) (3)) (g) "Proprietary institution of higher education" means a school which (1) provides not less than a 6-month program of training to prepare students for gainful employment in a recognized occupation, (2) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (3) is legally authorized by the State in which it is located to provide a program of education beyond secondary education, (4) is accredited by a nationally recognized accrediting agency or association approved by the Commissioner for this purpose, (5) is not a public or other nonprofit institution, and (6) has been in existence for at least two years. (20 U.S.C. 1088(b) (8)) (i) "State" means, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the Trust Territory of the Pacific Islands. (20 U.S.C. 1141(b); 1088(a)) (j) "Veteran" means a person who served in the active military, naval, or air service of the United States, and who was discharged or released therefrom under conditions other than dishonorable. (38 U.S.C. 101(2)) (k) "Youth" means (i) a veteran or (ii) a person between the ages of 15 to 22 (20 U.S.C. 1070d-1070d-1, unless otherwise noted) § 159.3 Project setting-target area. Talent Search projects, except national demonstration projects, shall provide their services to qualified youths residing or attending school in a discrete geographic area. (target area) A target area is characterized by a large number of families whose annual adjusted family income is not more than the low-income level prescribed annually by the Commissioner, a large number of youth from lowincome families, a high secondary school dropout rate, and a low level of postsecondary attendance. (20 U.S.C. 1070d-1) § 159.4 Eligible project participants. A youth is eligible to receive services under this part if he: (a) Is a citizen or national of the United States, or is in the United States-for other than a temporary purpose, and is, or intends to become a permanent resident thereof, or is a permanent resident of the Trust Territory of the Pacific Islands; (b) Comes from a family whose annual adjusted family income is not more than the low-income level prescribed annually by the Commissioner; (c) Has "exceptional potential" for success in postsecondary education or, in the case of secondary or postsecondary school dropouts, a "demonstrated aptitude" for reentry into secondary or postsecondary educational programs; (d) Is of financial or cultural need; and (e) Is in need of (i) guidance and counseling to complete secondary school, (ii) information and counseling on postsecondary educational opportunities, (iii) assistance in gaining admisson or readmission to postsecondary educational institutions, or (iv) assistance in applying for financial aid to attend such institutions. (a) The Commissioner may make grants to and contracts with the following agencies, institutions, and organizations to carry out Talent Search projects: (1) Institutions of higher education, including institutions with vocational and career education programs; (2) Combinations of institutions of higher education; (3) Public and private agencies and organizations (including professional and scholarly organizations); and (4) In exceptional cases, secondary schools and secondary Vocational schools, if there are no institutions of higher education or public or private agencies within a reasonable geographic distance of such secondary or vocational school providing educational services similar to the services authorized under this part. (b) A combination of institutions receiving a grant or contract under this part shall vest responsibility for the administration of that grant or contract in one of its participating institutions or in a public or private agency established by the combination for that purpose. (20 U.S.C. 1070d-1) § 159.6 Applications. (a) Applicants for grants or contracts |