§ 604.1 Federal-State relationship agreements. (a) A State shall enter into an agreement with the Secretary if it wishes to participate in the following programs authorized by the Higher Education Act of 1965, as amended: The Continuing Education Outreach program, Title I-B, with the exception of sections 116 and 117 of the Act; the State Student Incentive Grant program, subpart 3 of Title IV-A of the Act; and the Undergraduate Academic Facilities Grant program, Title VII-A of the Act. The agreement must contain assurances relating to administration, financial management, treatment of applicants for subgrants and contracts, supplement, not supplant requirements, and planning. These assurances are listed in subpart B of this part. The means by which these assurances will be met must also be described. § 604.2 Regulations that apply to FederalState relationship agreements. The following regulations apply to Federal-State relationship agreements: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR Part 76 (State Administered Programs) and 34 CFR Part 77 (Definitions). (b) The regulations in this Part 604. (20 U.S.C. 1232(a)) § 604.3 Definitions that apply to FederalState relationship agreements. (a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR Part 77: Applicant Private (b) Definitions that apply to this part. The following definitions apply to this part: "Act" means the Higher Education Act of 1965, as amended. "Applicable programs" means the Continuing Education Outreach program, the State Student Incentive Grant program, and the Undergraduate Academic Facilities Grant program. (20 U.S.C. 1143) Subpart B-Federal-State Relationship Agreements § 604.10 Administrative requirements. The agreement shall contain the following assurances and a description of the means by which they will be met: (a) Management practices and procedures will assure proper and efficient administration of each applicable program. The description of these methods shall include the identification of the State entity or entities designated to administer each applicable program as well as the name of the responsible official. (b) Appropriate fiscal control and fund accounting procedures will be provided for Federal funds received under all titles of the Act. (c) Federal funds under the applicable programs will not supplant nonFederal funds. (d) Equitable and appropriate criteria will be used in evaluating applications for subgrants or proposals for contracts under each applicable program. (20 U.S.C. 1143) § 604.11 Planning requirements. (a) The agreement shall contain an assurance by the State that it has a comprehensive planning or policy formulation process which: (1) Considers the relationship between State administration of each applicable program and administration of similar State programs or processes; (2) Encourages State policies that consider the effects of declining enrollments on all sectors of postsecondary education within the State; (3) Considers the postsecondary educational needs of unserved and underserved individuals within the State, including individuals beyond traditional college age; (4) Considers the resources of public and private institutions, organizations, and agencies within the State that are capable of providing postsecondary educational opportunities; and (5) Provides for direct, equitable, and active participation in the comprehensive planning or policy formulation processes by representatives of institutions of higher education-including community colleges, proprietary institutions, and independent colleges and universities-other providers of postsecondary education services, students, and the general public in the State. (i) Participation shall be achieved through membership on State planning commissions, State advisory councils, or other State entities established by the State to conduct federally assisted comprehensive planning or policy formulation. (ii) Participation shall be consistent with State law. (b) The agreement shall include a description of the planning or policy formulation process through which these assurances will be fulfilled. (ii) Improved retention of traditional and non-traditional learners in programs of postsecondary education; (iii) Coordination of educational and occupational information and counseling services for youth and adults throughout the State; and (iv) More effective and efficient use of resources available for continuing education within the State. (20 U.S.C. 1013 (a), (b), and (e)) (2) Comprehensive statewide planning funds may also be used to prepare the annual report described in § 605.60. (20 U.S.C. 1013(b); 1019(a)) (c) Information services. Each State shall use the funds available for information services to develop and coordinate new and existing (1) Postsecondary education information and counseling services for traditional and non-traditional learners; and (2) Occupational information and counseling services for youth and adults. (20 U.S.C. 1014(a)) (d) Continuing education. (1) Each State shall use the funds available for continuing education to make subgrants and award contracts for (i) Promoting access to and retention in postsecondary educational programs for adults whose educational needs have been inadequately served; (ii) Expanding and improving postsecondary educational programs that help adults develop their occupational potential and prepare for transitions between education and work; (iii) Eliminating barriers-posed by previous education or training, age, sex, race, handicap, national origin, rural isolation, or economic circumstances-that may place adults at a disadvantage in seeking postsecondary educational opportunities; (iv) Strengthening statewide and other mechanisms of information, counseling, and referral that provide access to postsecondary education and serve the special needs of adults; and (v) Developing strategies to promote the financial self-sufficiency of post secondary educational programs initiated under this part. (2) Eligible continuing education projects include such activities as: (i) Creation or expansion of labor education, training, and technical assistance programs; (ii) Development of cooperative relationships between State and local labor organizations and institutions and agencies that provide opportunities for continuing education; (iii) Removal of barriers to continuing education caused by rural isolation or other rural-related factors; (iv) Preretirement continuing education programs and information services related to legal, vocational, and health services available to older adults; on an (v) Promotion of sharing resources for innovative uses of technology including telecommunications, inter-state or intra-state basis, to overcome barriers to postsecondary educational opportunities; (vi) Educational and occupational information and counseling services designed to meet the special needs of adult women, particularly homemakers, and to assist their entry or reentry into postsecondary education and the labor force. (vii) Collection and dissemination of information, including both the creation and expansion of data banks, on sources of student financial assistance and information designed to assist individuals to make choices among postsecondary institutions, programs, and other educational opportunities; (viii) Community education service activities, consistent with the purposes of this part, for adults in rural areas; (ix) Postsecondary educational programs suited to individuals whose educational needs have been inadequately served, especially handicapped persons, older individuals, migrant and seasonal farm workers, individuals who can participate in programs only on a part-time basis, and individuals who otherwise would be unlikely to continue their education beyond high school; (x) Child care services to assist individuals desiring to participate in continuing education programs in order to enter or re-enter the field of postsec ondary education and the labor force; and (xi) Promotion or delivery of postsecondary educational services to women at the places of their employment or in conjunction with their employment. (20 U.S.C. 1015) § 605.2 Eligible parties. (a) States that have entered into a Federal-State relationship agreement with the Secretary as specified in 34 CFR Part 604 are eligible to receive grants for statewide planning, information services, and continuing education. (20 U.S.C. 1012-1015, 1143) (b) Institutions of higher education, public and private institutions and organizations-including community based educational institutions-business, industry, labor, or any combination of these, are eligible to receive subgrants and contracts from the States for information and counseling services and continuing education projects. (20 U.S.C. 1014(c), 1015(b)) § 605.3 Regulations that apply to the Continuing Education Outreach-State-Administered Program. The following regulations apply to the Continuing Education OutreachState-Administered Program: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR Part 77 (Definitions); (b) The regulations in this Part 605; and (c) The regulations in 34 CFR Part 604. (20 U.S.C. 3474) § 605.4 Definitions that apply to the Continuing Education Outreach-State-Administered Program. (a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR Part 77: Contract EDGAR Fiscal Year Grant Private Project Public Secretary State Subgrant (20 U.S.C. 3474) (b) Definitions that apply to this part. The following definitions apply to this part: "Adults whose educational needs have been inadequately served" means individuals 18 years of age or older who-because of circumstances of age, sex, low income, handicap, minority status, rural isolation, status of employment or underemployment, lack of education, or other significant barriers have been discouraged from obtaining equal educational opportunities. "Continuing education" means postsecondary instruction and support services designed to meet the educational needs of adults, including the expansion of available learning opportunities for adults whose educational needs are inadequately served by current educational offerings in their communities. "Act" means the Higher Education Act of 1965, as amended. "Adult population" means the population eighteen years of age and older. "Youth" means an individual from age 14 through 17 who is eligible for, and is seeking, employment. (20 U.S.C. 1011(4); 1013(a)(1); 1014(a); 1018) "Planning for continuing education" means planning to improve access to programs of postsecondary education for adults in a State, particularly those who have been inadequately served, and to promote more effective and efficient use of available resources, including efforts to ensure equal treatment of applicants in the evaluation of subgrant proposals. (20 U.S.C. 1018; 1221e-3(a)(1); 3474(a)) Subpart B-[Reserved] Subpart C-How Does the Secretary Make a Grant to a State? § 605.20 How does the Secretary initially allot program funds? The Secretary makes the initial allotment of program funds after a State has consummated an agreement with the Secretary as required in 34 CFR Part 604. The allotment is made according to the formula in section 112(a)(1) of the Act. (20 U.S.C. 1012; 1143) § 605.21 What are the requirements for subsequent allotments? The Secretary makes an allotment to a State in subsequent fiscal years after the Secretary receives a satisfactory annual report as provided for in § 605.60. (20 U.S.C. 1012, 1013) § 605.22 How does a State determine the amount of funds to be used for comprehensive statewide planning? (a) The amount of funds available for planning depends on the amount of the total annual appropriation for the Continuing Education Outreach Program. (1) In a fiscal year in which the appropriation is less than $18,500,000, the State shall use at least 15 percent but not more than 20 percent of its allotment for comprehensive statewide planning. (2) In a fiscal year in which the appropriation is at least $18,500,000 but not more than $23,999,999, the State shall use from ten to fifteen percent of its allotment for comprehensive statewide planning. (3) In a fiscal year in which the appropriation is $24,000,000 or more, the State shall use up to 10 percent of its allotment for comprehensive statewide planning. (b) If the State does not wish to receive comprehensive planning funds in a particular fiscal year, the State must so notify the Secretary prior to the beginning of that fiscal year, so that funds can be reallocated to the other States. |