§ 75.133 Result of a preapplication.

(a) If an applicant submits a preapplication under a program, the Secretary:

(1) Informs the applicant that it is eligible and encourages it to apply for a grant under the program;

(2) Informs the applicant that it is eligible but does not encourage it to apply for a grant under the program;

or

(3) Informs the applicant that it is ineligible for assistance under the program, and explains why the applicant is ineligible.

(b) An applicant may apply under a program even if the Secretary does not encourage it to apply.

(Authority: 20 U.S.C. 1221e-3(a)(1))

CROSS-REFERENCE. See § 75.216 Returning an application to an applicant.

875.134 The basis for the preapplication decision.

To decide whether to encourage a preapplicant to apply, the Secretary uses the same criteria that the Secretary uses to select an applicant for a grant. (See §§ 75.200-75.206 for a description of how selection criteria work.)

(Authority: 20 U.S.C. 1221e-3(a)(1))

STATE APPROVAL PROCEDURES

875.150 Review procedure if State must approve applications; purpose of 88 75.151-75.153.

If the authorizing statute for a program requires the State to approve each application, the State and the applicant shall use the procedures in 875.151-75.153.

(Authority: 20 U.S.C. 1221e-3(a)(1))

CROSS-REFERENCE. See § 75.160 Procedures for State approval of or comment on preapplications; and 75.733 Records related to State approval of applications.

§ 75.151 When an applicant under § 75.150 must submit its application to the State; proof of submission.

(a) Each applicant under a program covered by § 75.150 of this part shall submit a copy of its application to the State at least 15 days before the deadline date for submitting the application to the Department.

(b) The applicant shall attach to its application a copy of its letter that requests the State to approve the application.

(Authority: 20 U.S.C. 1221e-3(a)(1))

875.152 The State reviews each application.

Each State that receives an application under § 75.151 of this part shall review the application to decide if the State wishes to approve or disapprove the application.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.153 Deadlines for State approval.

(a)(1) The Secretary may publish in the FEDERAL REGISTER a notice that establishes a deadline date for receipt of State approvals of new grant applications under a program covered by § 75.150.

(2) The Secretary may establish a deadline a date for the receipt of State approvals of continuation award applications under a program covered by § 75.150 by:

(i) Notifying each State of the deadline for its approval; or

(ii) Publishing a notice of the deadline in the FEDERAL REGISTER.

(b) If a State approves an application, the appropriate State official shall:

(1) Sign a statement that approves the application; and

(2) Submit the application and the statement by the deadline date for State approvals. The procedures in § 75.102(c) (how to meet a deadline date) apply to this submission.

(Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980, as amended at 51 FR 20824, June 9, 1986]

§ 75.154 Effect of State approval; failure to approve.

(a) If a State approves an application on or before the deadline date for State approval, the Secretary may select that project for a grant.

(b) If a State does not approve an application on or before the deadline date for State approval, the Secretary does not select that project for a grant.

(Authority: 20 U.S.C. 1221e-3(a)(1))

STATE COMMENT PROCEDURES

§ 75.155 Review procedure if State may comment on applications: Purpose of 88 75.156-75.158.

If the authorizing statute or implementing regulations for a program require that a State be given an opportunity to comment on each application, the State and the applicant shall use the procedures in §§ 75.156-75.158. (Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.156 When an applicant under § 75.155 must submit its application to the State; proof of submission.

(a) Each applicant under a program covered by § 75.155 shall submit a copy of its application to the State on or before the deadline date for submitting its application to the Department.

(b) The applicant shall attach to its application a copy of its letter that requests the State to comment on the application.

(Authority: 20 U.S.C. 1221e-3(a)(1))

875.157 The State reviews each application.

A State that receives an application under 75.156 may review and comment on the application.

(Authority: 20 U.S.C. 1221e-3(a)(1))

875.158 Deadlines for State comments.

(a) The Secretary may establish a deadline date for receipt of State comments on applications.

(b) The State shall make its comments in a written statement signed by an appropriate State official.

(c) The appropriate State official shall submit comments to the Secretary by the deadline date for State comments. The procedures in § 75.102 (b) and (d) (how to meet a deadline) of this part apply to this submission. (Authority: 20 U.S.C. 1221e-3(a)(1))

875.159 Effect of State comments or failure to comment.

(a) The Secretary considers those comments of the State that relate to: (1) Any selection criterion that applies under the program; or

§ 75.192 Dissemination.

If an applicant proposes to publish and disseminate curricula or instructional materials under a grant, the applicant shall include an assurance in its application that the curricula or materials will reach the populations for which the curricula or materials were developed.

(Authority: 20 U.S.C. 1231c(c)(3))

Subpart D-How Grants Are Made

SELECTION OF NEW PROJECTS

§ 75.200 How applications for new grants are selected for funding.

(a) Direct grant programs. The Department administers two kinds of direct grant programs. A direct grant program is either a discretionary grant or a formula grant program.

(b) Discretionary grant programs. (1) A discretionary grant program is one that permits the Secretary to use discretionary judgment in selecting applications for funding.

CROSS-REFERENCE. See § 75.219 Exceptions to the procedures under § 75.217.

(2) The Secretary uses selection criteria to evaluate the applications submitted for new grants under a discretionary grant program.

(3) If a program does not have regulations, the Secretary uses the selection criteria in § 75.210 to select grantees under the program.

(c) Formula grant programs. (1) A formula grant program is one that entitles certain applicants to receive grants if they meet the requirements of the program. Applicants do not compete with each other for the funds, and each grant is either for a set amount or for an amount determined under a formula.

(2) The Secretary applies the program statute and regulations to fund projects under a formula grant program.

(Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 52 FR 27803, July 24, 1987]

§ 75.201 How to use the selection criteria.

(a) Unweighted criteria. If the selection criteria for a program are not weighted, the Secretary evaluates each criterion equally.

(b) Weighted criteria. If the selection criteria for a program are weighted, the Secretary assigns in the program regulations a total number of points that an applicant may receive under all of the criteria.

(Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 52 FR 27803, July 24, 1987]

88 75.202-75.206 [Reserved]

§ 75.210 Selection criteria for a discretionary grant program that does not have regulations.

(a) How this section works. (1) If a discretionary grant program does not have implementing regulations, the Secretary uses the criteria in this section to evaluate applications for new grants under the program.

(2) The maximum score for all of the criteria in this section is 100 points.

(3) Subject to paragraph (c) of this section, the maximum score for each criterion is indicated in parentheses with the criterion.

(b) The criteria-(1) Meeting the purposes of the authorizing statute, (30 points) The Secretary reviews each application to determine how well the project will meet the purpose of the statute that authorizes the program, including consideration of:

(i) The objectives of the project; and (ii) How the objectives of the project further the purposes of the authorizing statute.

(2) Extent of need for the project. (20 points) The Secretary reviews each application to determine the extent to which the project meets specific needs recognized in the statute that authorizes the program, including consideration of:

(i) The needs addressed by the project;

(ii) How the applicant identified those needs;

(iii) How those needs will be met by the project; and

(iv) The benefits to be gained by meeting those needs.

(3) Plan of operation. (15 points) The Secretary reviews each application to determine the quality of the plan of operation for the project, including:

(i) The quality of the design of the project;

(ii) The extent to which the plan of management is effective and ensures proper and efficient administration of the project;

(iii) How well the objectives of the project relate to the purpose of the program;

(iv) The quality of the applicant's plan to use its resources and personnel to achieve each objective;

(v) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or handicapping condition; and

(vi) For grants under a program that requires the applicant to provide an opportunity for participation of students enrolled in private schools, the quality of the applicant's plan to provide that opportunity.

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

(i) The Secretary reviews each application to determine the quality of key personnel the applicant plans to use on the project, including:

(A) The qualifications of the project director (if one is to be used);

(B) The qualifications of each of the other key personnel to be used in the project;

(C) The time that each person referred to in paragraphs (b)(4)(i) (A) and (B) of this section will commit to the project; and

(D) 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.

(ii) To determine personnel qualifications under paragraphs (b)(4)(i) (A) and (B) of this section, the Secretary considers:

(A) Experience and training in fields related to the objectives of the project; and

(B) Any other qualifications that pertain to the quality of the project.

(5) Budget and cost effectiveness. (5 points) The Secretary reviews each application to determine the extent to which:

(i) The budget is adequate to support the project; and

(ii) Costs are reasonable in relation to the objectives of the project.

(6) Evaluation plan. (5 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:

(i) Are appropriate to the project; and

(ii) To the extent possible, are objec tive and produce data that are quantifiable.

(Cross-reference: See 34 CFR 75.590 Evaluation by the grantee.)

(7) Adequacy of resources. (3 points) The Secretary reviews each application to determine the adequacy of the resources that the applicant plans to devote to the project, including facili ties, equipment, and supplies.

(c) Weighting the criteria. (15 points) The Secretary distributes an additional 15 points among the criteria listed in paragraph (b) of this section. The Secretary indicates in the applica tion notice for the program how these 15 points are distributed.

(Approved by the Office of Management and Budget under control number 18800513)

(Authority: 20 U.S.C. 1221e-3(a)(1))

[52 FR 27803, July 24, 1987, as amended at 53 FR 49143, Dec. 6, 1988]

SELECTION PROCEDURES

§ 75.215 How the Department selects & new project: purpose of §§ 75.21675.222.

Sections 75.216-75.222 describe the process the Secretary uses to select applications for new grants. All of these sections apply to a discretionary grant program. However, only § 75.216 applies also to a formula grant program.

CROSS-REFERENCE. See § 75.200(b) Discretionary grant program, and (e) Formula grant program.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.216 Returning an application to the applicant.

(a) The Secretary returns an application to an applicant if:

(1) The applicant is not eligibile. (2) The applicant does not comply with all of the procedural rules that govern the submission of the application;

(3) The application does not contain the information required under the program; or

(4) The proposed project cannot be funded under the authorizing statute or implementing regulations for the program.

(b) If the Secretary returns an application under this section, the Secretary includes a statement that explains why the application was returned.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.217 How the Secretary selects applications for new grants.

(a) The Secretary selects applicaticns for new grants on the basis of the authorizing statute, the selection criteria, and any priorities or other requirements that have been published in the FEDERAL REGISTER and apply to the selection of those applications.

(b)(1) The Secretary may use experis to evaluate the applications submitted under a program.

(2) These experts may include persons who are not employees of the Federal Government.

(c) The Secretary prepares a rank order of the applications based solely on the evaluation of their quality according to the selection criteria.

(d) The Secretary then determines the order in which applications will be selected for grants. The Secretary considers the following in making these determinations:

(1) The information in each application.

(2) The rank ordering of the applications.

(3) Any other information relevant to a criterion, priority, or other requirement that applies to the selection

of applications for new grants, including information concerning the applicant's use of funds under a previous award under the same Federal program.

(Authority: 20 U.S.C. 1221e-3(a)(1))

[52 FR 27804, July 24, 1987]

§ 75.218 Applications not selected for funding.

If an application is not selected for funding, the Secretary informs the applicant why the application was not selected.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.219 Exceptions to the procedures under § 75.217.

The Secretary may select an application for funding without following the procedures in § 75.217 if:

(a) The objectives of the project cannot be achieved unless the Secretary makes the grant before the date grants can be made under the procedures in § 75.217; or

(b)(1) The application was evaluated under the preceding competition of the program;

(2) The application rated high enough to deserve selection under § 75.217; and

(3) The application was not selected for funding because the application was mishandled by the Department.

(Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 52 FR 27804, July 24. 1987]