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§ 538.24 What documents must an applicant submit to an SEA to receive a subgrant?

To receive a subgrant, an applicant shall submit to the SEA an application containing the following information:

(a) A count of the number of eligible children in its jurisdiction, as required in § 538.21.

(b) A brief description of the educational services to be provided for the eligible children.

(c) The assurances required in EDGAR (34 CFR 76.301(c)).

(Sec. 412(a)(4) of the Immigration and Nationality Act, as amended and 20 U.S.C. 3474(a))

§ 538.25 When does an applicant submit its application?

An SEA establishes a deadline for receipt of applications for subgrants under this program.

(20 U.S.C. 3474(a))

Subpart D-How Are Grants and Subgrants Made to Applicants Under the State-Administered Program?

§ 538.30 How does the Secretary review an application submitted by an SEA?

The Secretary reviews and approves an application submitted by an SEA if the application complies with the requirements in this part.

(20 U.S.C. 3474(a))

§ 538.31 What formula will be used to distribute funds to SEAS with approved applications?

(a)(1) The most weight will be given to eligible children who have been admitted into the United States for less than one year on the date the child count was made.

(2) Eligible children in paragraph (a)(1) of this section enrolled in elementary and secondary grades will be weighted equally.

(b)(1) Less weight will be given for eligible children who have been admitted into the United States for more than one year on the date the child count was made.

(2) Eligible children in paragraph (b)(1) of this section enrolled in secondary schools will be given more weight than eligible children enrolled in elementary schools.

(c)(1) The Secretary uses the weighting factors in paragraph (d) of this section.

(2) The Secretary may increase or decrease any weighting factor by one or two points on an annual basis to respond to changing needs of eligible children.

(3) The Secretary announces the weighting factors each year through publication of a notice in the FEDERAL REGISTER.

(d) Weighting factors for the fund distribution formula are presented in the following table:

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(4) In the example above, if the weighted per pupil allocation is $50, the grant award would be $20,750. As an example of how much would be paid on behalf of an individual student, if the weighted per pupil allocation is $50, the payment for a student who has been in this country less than a year would be $500; for a secondary grade student who has been in this country between 3 and 4 years, the payment would be $150.

(Sec. 412(d) of the Immigration and Nationality Act, as amended, and 20 U.S.C. 347(a))

§ 538.32 How does the Secretary provide for a substantial and disproportionate increase in the enrollment of eligible children that many occur after a grant has been made?

(a)(1) If the Secretary determines that there has been a substantial and disproportionate increase in the enrollment of eligible children, the Secretary may provide SEAs an opportunity to submit evidence of the increase of the number of eligible children enrolled in schools in the State.

(2) Through a notice published in the FEDERAL REGISTER, the Secretary invites SEAS with increased enrollments of eligible children to submit a recount of the number of eligible children enrolled in schools in the State, according to the provisions in § 538.21.

(b) Where funds are available, the Secretary may provide additional assistance to SEA based on the increase in the number of eligible children in the State, provided that the SEA submits a plan outlining how the additional funds would be spent to provide services for those children.

(c) In distributing funds under paragraph (b) of this section, the Secretary uses the weighting factors in § 538.31. (d) The Secretary does not decrease the amount of an award to SEA where there is a decrease in the enrollment of eligible children.

(Secs. 412(a)(1)(B); 412(a)(6)(B); 412(d)(1) of the Immigration and Nationality Act, as amended, and 20 U.S.C. 3474(a))

§ 538.33 How are the amounts available for eligible children in each LEA determined?

In determining the amounts available for eligible children in each LEA, the SEA

(a) Subtracts from the SEA's award the costs budgeted for the administration of the SEA grant award and for technical assistance (These costs may not exceed one percent of the SEA award); and

(1) Applies the formula in § 538.31 to determine the amounts of funds available for eligible children in each LEA.

(Sec. 412(d)(1) of the Immigration and Nationality Act, as amended, and 20 U.S.C. 3474(a))

§ 538.34 [Reserved]

§ 538.35 What criteria does the Secretary use to review an application under the Development and Dissemination

Projects Program?

The Secretary uses the following selection criteria worth a total of 100 points. The relative importance of each criterion is indicated next to the heading of that criterion.

(a) 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 insures 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 members of racial or ethnic minority groups, women, handicapped persons, and elderly.

(b) Quality of key personnel. (7 points)

(1) The Secretary reviews each application for information that shows the quality 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 (b)(2)(i) and (ii) of this section plans to 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 members of racial or ethnic groups, women, handicapped persons, and the elderly.

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

NOTE: The qualification of project personnel should relate to the population served by the project. For example, when reviewing projects that serve Indochinese refugee children, the Secretary looks for project personnel who have extensive experience or expertise in the culture and language of Indochinese populations.

(c) Budget and cost effectiveness. (5 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.

(d) Evaluation plan. (5 points) (1) The Secretary reviews each application for information that show the quality of the evaluation plan for the project. (See 34 CFR 76.590-Evaluation by the grantee.)

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

(e) Adequacy of resources. (3 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 appilicant plans to use are adequate; and

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

(f) Problems addressed. (20 points)

(1) The Secretary looks for information that shows the extent to which

educational problems of national significance are addressed by the project.

(2) The Secretary looks for information that shows the extent to which the project addresses needs that cannot be, or are not being, effectively addressed by State or local efforts.

(g) Innovativeness. (20 points) The Secretary looks for information that shows the extent to which the project involves techniques that are new nationally but that build on current knowledge and research.

(h) Scope. (10 points)

The Secretary looks for information that shows the extent to which the applicant proposes a project that—

(1) Is national or regional in scope; and

(2) Provides services, or is likely to improve educational programs, for eligible children throughout the area served.

(i) Coordination. (10 points)

The Secretary looks for information that shows the extent to which the project coordinates activities with existing resource and dissemination centers.

(20 U.S.C. 3474(a))

Subpart E-How Are Funds Under the State-Administered Program To Be

Spent?

§ 538.40 What are the restrictions on costs under the State-administered program? (a)(1) Funds may not be used under this program for

(i) Construction, repair, remodeling, or alteration of facilities or sites;

(ii) Payments of stipends to participants in inservice training or other workshops, including costs of participant travel, meals, or lodging associated with this training; or

(iii) Payments for the provision of health or social services.

(2) The restrictions in paragraph (a) of this section do not apply where a subgrant, contract, or cooperative arrangement is made, or direct services are provided, on behalf of 40 or fewer eligible children.

(b) Allowable costs are subject to the applicable cost principles in 34 CFR Part 74.

(Sec. 412(d)(1) of the Immigration and Nationality Act, as amended, and 20 U.S.C. 3474(a))

CHAPTER VI-OFFICE OF POSTSECONDARY

EDUCATION,

DEPARTMENT OF EDUCATION

Part

Page

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Eligibility of foreign medical schools under the
Guaranteed Student Loan Program (GSLP) ........
Secretary's recognition procedures for national
accrediting bodies and State agencies..............
Federal-State relationship agreements................
Continuing Education Outreach-State-Adminis-
tered Program......................................................

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Financial assistance for construction, reconstruc-
tion, or renovation of higher education facilities
Grants to land grant colleges and universities ........
Institutional Aid Programs-general provisions.....
Strengthening Program

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Veterans' cost-of-instruction payments to institu-
tions of higher education.......

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