(2) 34 CFR part 75 (Direct Grant Programs). (3) 34 CFR part 77 (Definitions that Apply to Department Regulations). (4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (5) 34 CFR part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) for grants, including cooperative agreements, to State and local governments, including Indian tribal governments. (6) 34 CFR part 81 (General Education Provisions Act-Enforcement). (7) 34 CFR part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)). (b) The regulations in this part 491. (Authority: 42 U.S.C. 11421) § 491.5 What definitions apply? (a) Definitions in the Act. The following terms used in this part are defined in sections 103 and 702(d), respectively, of the Steward B. McKinney Homeless Assistance Act (Pub. L. 100-77, 42 U.S.C. 11301 et seq.): Homeless or homeless individual. (b) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR 77.1: Applicant Application Award Contract EDGAR Grant Grantee Local educational agency Nonprofit Private Project Public Secretary State educational agency (c) Other definitions. The following definitions also apply to this part: Act means the Stewart B. McKinney Homeless Assistance Act (Pub. L. 10077, 42 U.S.C. 11301 et seq.). Adult means an individual who has attained 16 years of age or who is beyond the age of compulsory school at tendance under the applicable State law. Basic skills remediation and literacy training mean adult education for homeless adults whose inability to speak, read, or write the English language constitutes a substantial impairment of their ability to get or retain employment commensurate with their real ability, that is designed to help eliminate this inability and raise the level of education of those individuals with a view to making them less likely to become dependent on others, to improving their ability to benefit from occupational training and otherwise increasing their opportunities for more productive and profitable employment, and to making them better able to meet their adult responsibilities. Eligible recipients means public or private agencies, institutions, or organizations, including religious or charitable organizations, eligible to apply for a contract from a State educational agency to operate projects, services, or activities. Outreach means activities designed to (1) Identify and inform adult homeless individuals of the availability and benefits of the Adult Education for the Homeless Program; and (2) Assist those homeless adults, by providing active recruitment and reasonable and convenient access, to participate in the program. (Authority: 42 U.S.C. 11421) Subpart B-[Reserved] Subpart C-How Does the § 491.20 How does the Secretary evaluate an application? (a) The Secretary evaluates an application on the basis of the criteria in § 491.21. (b) The Secretary awards up to 100 points, including a reserved 15 points to be distributed in accordance with paragraph (d) of this section, based on the criteria in § 491.21. (c) Subject to paragraph (d) of this section, the maximum possible score for each criterion is indicated in parentheses. (d) For each competition as announced through a notice published in the FEDERAL REGISTER, the Secretary may assign the reserved points among the criteria in § 491.21. (Authority: 42 U.S.C. 11421) § 491.21 What selection criteria does the Secretary use? The Secretary uses the following criteria to evaluate an application: (a) Program factors. (25 points) The Secretary reviews each application to determine the extent to which (1) The program design is tailored to the literacy and basic skills needs of the specific homeless population being served (for example, designs to address the particular needs of single parent heads of households, substance abusers, or the chronically mentally ill); (2) Cooperative relationships with other service agencies will provide an integrated package of support services to address the most pressing needs of the target group at, or through, the project site. Support services must be designed to bring members of the target group to a state of readiness for instructional services or to enhance the effectiveness of instructional services. Examples of appropriate support services to be provided and funded through cooperative relationships include, but are not limited to (i) Assistance with food and shelter; (ii) Alcohol and drug abuse counseling; (iii) Individual and group mental health counseling; tive relations with local agencies that provide services to the homeless; and (5) Instructional services will be readily accessible to students, especially the provision of instructional services at a shelter or transitional housing site. (b) Extent of need for the project. (15 points) The Secretary reviews each application to determine the extent to which the project meets specific needs in section 702 of the Act, including consideration of— (1)(i) An estimate of the number of homeless persons expected to be served. (ii) For the purposes of the count in paragraph (b)(1)(i) of this section, an eligible homeless adult is an individual who has attained 16 years of age or who is beyond the age of compulsory attendance under the applicable State law; who does not have a high school diploma, a GED, or the basic education skills to obtain full-time meaningful employment; and who meets the definition of "homeless or homeless individual" in section 103 of the Act; (2) How the numbers in paragraph (b)(1) of this section were determined; (3) The extent to which the target population of homeless to be served in the project needs and can benefit from literacy training and basic skills remediation; (4) The need of that population for educational services, including their readiness for instructional services and how readiness was assessed; and (5) How the project would meet the literacy and basic skills needs of the specific target group to be served. (c) Plan of operation. (15 points) The Secretary reviews each application to determine the quality of the plan of operation for the project, including (1) The establishment of written, measurable goals and objectives for the project that are based on the project's overall mission; (2) The extent to which the program is coordinated with existing resources such as community-based organizations, VISTA recipients, adult basic education program recipients, nonprofit literacy action organizations, and existing organizations providing shelters to the homeless; (3) The extent to which the management plan is effective and ensures proper and efficient administration of the project; (4) How the applicant will ensure that project participants otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or handicapping condition; and (5) If applicable, the plan for the local application process and the criteria for evaluating local applications submitted by eligible applicants for contracts or subgrants. (d) Quality of key personnel. (15 points) (1) The Secretary reviews each application to determine the quality of key personnel the State plans to use on the project, including (i) The qualifications of the State coordinator/project director; (ii) The qualifications of each of the other key personnel to be used by the SEA in the project; (iii) The time that each person referred to in paragraphs (d) (1) (i) and (ii) of this section will commit to the project; and (iv) How the applicant, as part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or handicapping condition. (2) To determine personnel qualifications under paragraphs (d) (1) (i) and (ii) of this section, the Secretary considers (i) Experience and training in fields related to the objectives of the project; (ii) Experience in providing services to homeless populations; (iii) Experience and training in project management; and (iv) Any other qualifications that pertain to the quality of the project. (e) Budget and cost effectiveness. (5 points) The Secretary reviews each application to determine the extent to which (1) The budget is adequate to support the project; (2) Costs are reasonable in relation to the objectives of the project; and (3) The budget is presented in enough detail for determining paragraphs (e) (1) and (2) of this section. (f) Evaluation plan. (10 points) The Secretary reviews each application to determine the quality of the evaluation plan for the project, including the extent to which the applicant's methods of evaluation (1) Objectively, and to the extent possible, quantifiably measure the success, both of the program and of the participants, in achieving established goals and objectives; (2) Contain provisions that allow for frequent feedback from evaluation data provided by participants, teachers, and community groups in order to improve the effectiveness of the program; and (3) Include a description of the types of instructional materials the applicant plans to make available and the methods for making the materials available. (Approved by the Office of Management and Budget under control number 1830-0506) (Authority: 42 U.S.C. 11421) [54 FR 34430, Aug. 8, 1989, as amended at 56 FR 13522, Apr. 2, 1991] § 491.22 What additional factor does the Secretary consider? In addition to the criteria in § 491.21, the Secretary may consider whether funding a particular applicant would improve the geographical distribution of projects funded under this program. (Authority: 42 U.S.C. 11421) Subpart D-What Conditions Must be Met After an Award? § 491.30 How may an SEA operate the program? An SEA may operate the program directly, award subgrants, or award contracts to eligible recipients. If an SEA awards contracts, the SEA shall distribute funds on the basis of the Stateapproved contracting process. (Authority: 42 U.S.C. 11421(a)). Subpart D-How Does an Individual Apply for a Fellowship? 535.30 How does an individual apply for a fellowship? Subpart E-How Are Fellows Selected? 535.40 How does the Secretary select Fellows? 535.41 Who may an IHE nominate for fellowships? 535.42 What is the period of a fellowship? Subpart F-What Conditions Must Be Met by Fellows? 535.50 What is the service requirement for a fellowship? 535.51 What are the requirements for repayment of the fellowship? 535.52 What is the repayment schedule? 535.53 What is the rule regarding interest? 535.54 Under what circumstances is repayment deferred? 535.55 What is the length of the deferment of repayment? 535.56 Under what circumstances is repayment waived? 535.57 How shall the fellowship recipient account for the obligation? AUTHORITY: 20 U.S.C. 7475, unless otherwise noted. SOURCE: 61 FR 31352, June 19, 1996, unless otherwise noted. EFFECTIVE DATE NOTE: At 61 FR 31352, June 19, 1996, part 535 was added effective July 19, 1996. Subpart A-General § 535.1 What is the Bilingual Education: Graduate Fellowship Program? The Bilingual Education: Graduate Fellowship Program provides financial assistance, through institutions of higher education (IHES), to individuals who are pursuing master's, doctoral, or post-doctoral study related to instruction of limited English proficient (LEP) children and youth in areas such as teacher training, program administration, research and evaluation, and curriculum development and for the support of dissertation research related to this study. (Authority: 20 U.S.C. 7475(a)(1)) § 535.2 Who is eligible to participate in this program? (a) An IHE is eligible to participate in this program. (b) An individual who meets the eligibility requirements under $535.41 may apply for a fellowship through an IHE participating in this program. (Authority: 20 U.S.C. 7475) § 535.3 What financial assistance is available for fellowship recipients? (a) The Secretary may authorize the following financial assistance on an annual basis to master's and doctoral program fellowship recipients: (1) Tuition and fees-the usual costs associated with the course of study. (2) Books-up to $300. (3) Travel-up to $250 for travel directly related to the program of study. (4) A stipend of up to $500 per month, including allowances for subsistence and other expenses, for a participant |