HEA and EOC Regulations for the TS and EOC APR

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Talent Search and Educational Opportunity Centers Annual Performance Report

HEA and EOC Regulations for the TS and EOC APR

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TITLE 34--EDUCATION

CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 643_TALENT SEARCH


Subpart A - General


Sec.

643.1 What is the Talent Search program?

643.2 Who is eligible for a grant?

643.3 Who is eligible to participate in a project?

643.4 What services may a project provide?

643.5 How long is a project period?

643.6 What regulations apply?

643.7 What definitions apply?


Subpart B - Assurances

643.10 What assurances must an applicant submit?

Subpart C - How Does the Secretary Make a Grant?


643.20 How does the Secretary decide which new grants to make?

643.21 What selection criteria does the Secretary use?

643.22 How does the Secretary evaluate prior experience?

643.23 How does the Secretary set the amount of a grant?


Subpart D - What Conditions Must Be Met by a Grantee?


643.30 What are allowable costs?

643.31 What are unallowable costs?

643.32 What other requirements must a grantee meet?


Authority: 20 U.S.C. 1070a-11 and 1070a-12, unless otherwise noted.


Source: 58 FR 59145, Nov. 5, 1993, unless otherwise noted.


Subpart A - General


Sec. 643.1 What is the Talent Search program?


The Talent Search program provides grants for projects designed to--

(a) Identify qualified youths with potential for education at the

postsecondary level and encourage them to complete secondary school and

undertake a program of postsecondary education;

(b) Publicize the availability of student financial assistance for

persons who seek to pursue postsecondary education; and

(c) Encourage persons who have not completed education programs at

the secondary or postsecondary level, but who have the ability to do so,

to reenter these programs.

(Authority: 20 U.S.C. 1070a-12)


Sec. 643.2 Who is eligible for a grant?


The following are eligible for a grant to carry out a Talent Search

project:

(a) An institution of higher education.

(b) A public or private agency or organization.

(c) A combination of the types of institutions, agencies, and

organizations described in paragraphs (a) and (b) of this section.

(d) A secondary school, under exceptional circumstances such as if

no institution, agency, or organization described in paragraphs (a) and

(b) of this section is capable of carrying out a Talent Search project

in the target area to be served by the proposed project.


(Authority: 20 U.S.C. 1070a-11)


Sec. 643.3 Who is eligible to participate in a project?


(a) An individual is eligible to participate in a Talent Search

project if the individual meets all the following requirements:

(1)(i) Is a citizen or national of the United States;

(ii) Is a permanent resident of the United States;

(iii) Is in the United States for other than a temporary purpose and

provides evidence from the Immigration and Naturalization Service of his

or her intent to become a permanent resident;

(iv) Is a permanent resident of Guam, the Northern Mariana Islands,

or the Trust Territory of the Pacific Islands (Palau); or

(v) Is a resident of the Freely Associated States--the Federated

States of Micronesia or the Republic of the Marshall Islands.

(2)(i) Has completed five years of elementary education or is at

least 11 years of age but not more than 27 years of age.

(ii) However, an individual who is more than 27 years of age may

participate in a Talent Search project if the individual cannot be

appropriately served by an Educational Opportunity Center project under

34 CFR part 644 and if the individual's participation would not dilute

the Talent Search project's services to individuals described in

paragraph (a)(2)(i) of this section.

(3)(i) Is enrolled in or has dropped out of any grade from six

through 12, or has graduated from secondary school, has potential for a

program of postsecondary education, and needs one or more of the

services provided by the project in order to undertake such a program;

or

(ii) Has undertaken, but is not presently enrolled in, a program of

postsecondary education, has the ability to complete such a program, and

needs one or more of the services provided by the project to reenter

such a program.

(b) A veteran as defined in Sec. 643.6(b), regardless of age, is

eligible to participate in a Talent Search project if he or she

satisfies the eligibility requirements in paragraph (a) of this section

other than the age requirement in paragraph (a)(2).

(Authority: 20 U.S.C. 1070a-11 and 1070a-12)


Sec. 643.4 What services may a project provide?


A Talent Search project may provide the following services:

(a) Academic advice and assistance in secondary school and college

course selection.

(b) Assistance in completing college admission and financial aid

applications.

(c) Assistance in preparing for college entrance examinations.

(d) Guidance on secondary school reentry or entry to other programs

leading to a secondary school diploma or its equivalent.

(e) Personal and career counseling.

(f) Tutorial services.

(g) Exposure to college campuses as well as cultural events,

academic programs, and other sites or activities not usually available

to disadvantaged youth.

(h) Workshops and counseling for parents of students served.

(i) Mentoring programs involving elementary or secondary school

teachers, faculty members at institutions of higher education, students,

or any combination of these persons.

(j) Activities described in paragraphs (a) through (i) of this

section that are specifically designed for students of limited English

proficiency.

(k) Other activities designed to meet the purposes of the Talent

Search program stated in Sec. 643.1, including activities to meet the

specific educational needs of individuals in grades six through eight.

(Authority: 20 U.S.C. 1070a-12)


Sec. 643.5 How long is a project period?


(a) Except as provided in paragraph (b) of this section, a project

period under the Talent Search program is four years.

(b) The Secretary approves a project period of five years for

applications that score in the highest ten percent of all applications

approved for new grants under the criteria in Sec. 643.21.

(Authority: 20 U.S.C. 1070a-11)


Sec. 643.6 What regulations apply?


The following regulations apply to the Talent Search program:

(a) The Education Department General Administrative Regulations

(EDGAR) as follows:

(1) 34 CFR part 74 (Administration of Grants to Institutions of

Higher Education, Hospitals, and Nonprofit Organizations).

(2) 34 CFR part 75 (Direct Grant Programs), except for Sec. 75.511.

(3) 34 CFR part 77 (Definitions That Apply to Department

Regulations), except for the definition of ``secondary school'' in Sec.

77.1.

(4) 34 CFR part 79 (Intergovernmental Review of Department of

Education Programs and Activities).

(5) 34 CFR part 82 (New Restrictions on Lobbying).

(6) 34 CFR part 85 (Governmentwide Debarment and Suspension

(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace

(Grants)).

(7) 34 CFR part 86 (Drug-Free Schools and Campuses).

(b) The regulations in this part 643.

(Authority: 20 U.S.C. 1070a-11 and 1070a-12)


Sec. 643.7 What definitions apply?


(a) Definitions in EDGAR. The following terms used in this part are

defined in 34 CFR 77.1:

Applicant

Application

Budget

Budget period

EDGAR

Equipment

Facilities

Fiscal year

Grant

Grantee

Private

Project

Project period

Public

Secretary

Supplies


(b) Other definitions. The following definitions also apply to this

part:

HEA means the Higher Education Act of 1965, as amended.

Institution of higher education means an educational institution as

defined in sections 1201(a) and 481 of the HEA.

Low-income individual means an individual whose family's taxable

income did not exceed 150 percent of the poverty level amount in the

calendar year preceding the year in which the individual initially

participated in the project. The poverty level amount is determined by

using criteria of poverty established by the Bureau of the Census of the

U.S. Department of Commerce.

Participant means an individual who--

(1) Is determined to be eligible to participate in the project under

Sec. 643.3; and

(2) Receives project services designed for his or her age or grade

level.

Postsecondary education means education beyond the secondary school

level.

Potential first-generation college student means--

(1) An individual neither of whose natural or adoptive parents

received a baccalaureate degree;

(2) An individual who, prior to the age of 18, regularly resided

with and received support from only one parent and whose supporting

parent did not receive a baccalaureate degree; or

(3) An individual who, prior to the age of 18, did not regularly

reside with or receive support from a natural or an adoptive parent.

Secondary school means a school that provides secondary education as

determined under State law, except that it does not include education

beyond grade 12.

Target area means a geographic area served by a Talent Search

project.

Target school means a school designated by the applicant as a focus

of project services.

Veteran means a person who served on active duty as a member of the

Armed Forces of the United States--

(1) For a period of more than 180 days, any part of which occurred

after January 31, 1955, and who was discharged or released from active

duty under conditions other than dishonorable; or

(2) After January 31, 1955, and who was discharged or released from

active duty because of a service-connected disability.

(Authority: 20 U.S.C. 1070a-11, 1070a-12 and 1141)


Subpart B - Assurances


Sec. 643.10 What assurances must an applicant submit?


An applicant shall submit, as part of its application, assurances

that--

(a) At least two-thirds of the individuals it serves under its

proposed Talent Search project will be low-income individuals who are

potential first-generation college students;

(b) Individuals who are receiving services from another Talent

Search project or an Educational Opportunity Center project under 34 CFR

part 644 will not receive services under the proposed project;

(c) The project will be located in a setting or settings accessible

to the individuals proposed to be served by the project; and

(d) If the applicant is an institution of higher education, it will

not use the project as a part of its recruitment program.


(Authority: 20 U.S.C. 1070a-12)


Subpart C - How Does the Secretary Make a Grant?


Sec. 643.20 How does the Secretary decide which new grants to make?


(a) The Secretary evaluates an application for a new grant as

follows:

(1)(i) The Secretary evaluates the application on the basis of the

selection criteria in Sec. 643.21.

(ii) The maximum score for all the criteria in Sec. 643.21 is 100

points. The maximum score for each criterion is indicated in parentheses

with the criterion.

(2)(i) For an application for a new grant to continue to serve

substantially the same populations or campuses that the applicant is

serving under an expiring project, the Secretary evaluates the

applicant's prior experience in delivering services under the expiring

project on the basis of the criteria in Sec. 643.22.

(ii) The maximum score for all the criteria in Sec. 643.22 is 15

points. The maximum score for each criterion is indicated in parentheses

with the criterion.

(3) The Secretary awards additional points equal to 10 percent of

the application's score under paragraphs (a)(1) and (2) of this section

to an application for a project in Guam, the Virgin Islands, American

Samoa, the Trust Territory of the Pacific Islands (Palau), or the

Northern Mariana Islands if the applicant meets the requirements of

subparts A, B, and D of this part.

(b) The Secretary makes new grants in rank order on the basis of the

applications' total scores under paragraphs (a)(1) through (3) of this

section.

(c) If the total scores of two or more applications are the same and

there are insufficient funds for these applications after the approval of higher-

ranked applications, the Secretary uses the remaining funds to serve

geographic areas and eligible populations that have been underserved by

the Talent Search program.

(d) The Secretary may decline to make a grant to an applicant that

carried out a project that involved the fraudulent use of funds under

section 402A(c)(2)(B) of the HEA.

(Authority: 20 U.S.C. 1070a-11, 1070a-12, and 1144a(a))


Sec. 643.21 What selection criteria does the Secretary use?


The Secretary uses the following criteria to evaluate an application

for a new grant:

(a) Need for the project (24 points). The Secretary evaluates the

need for a Talent Search project in the proposed target area on the

basis of the extent to which the application contains clear evidence of

the following:

(1) A high number or percentage, or both, of low-income families

residing in the target area;

(2) A high number or percentage, or both, of individuals residing in

the target area with education completion levels below the baccalaureate

level;

(3) A high student dropout rate in the proposed target schools in

the preceding three years;

(4) A low rate of enrollment in programs of postsecondary education

by graduates of the target schools in the preceding three years;

(5) A high ratio of students to school counselors in the target

schools; and

(6) Other indicators of need for a Talent Search project, including

the presence of unaddressed academic or socio-economic problems of

students in the target schools or the target area.

(b) Objectives (8 points). The Secretary evaluates the quality of

the applicant's proposed project objectives on the basis of the extent

to which they--

(1) Include both process and outcome objectives relating to each of

the purposes of the Talent Search program stated in Sec. 643.1;

(2) Address the needs of the target area;

(3) Are clearly described, specific, and measurable; and

(4) Are ambitious but attainable within each budget period and the

project period given the project budget and other resources.

(c) Plan of operation (30 points). The Secretary evaluates the

quality of the applicant's plan of operation on the basis of the

following:

(1) (4 points) The plan to inform the residents, schools, and

community organizations in the target area of the goals, objectives, and

services of the project and the eligibility requirements for

participation in the project;

(2) (4 points) The plan to identify and select eligible participants

and ensure their participation without regard to race, color, national

origin, gender, or disability;

(3) (2 points) The plan to assess each participant's need for

services provided by the project;

(4) (12 points) The plan to provide services that meet participants'

needs and achieve the objectives of the project; and

(5) (8 points) The plan, including the project's organizational

structure and the time committed to the project by the project director

and other personnel, to ensure the proper and efficient administration

of the project.

(d) Applicant and community support (16 points). The Secretary

evaluates the applicant and community support for the proposed project

on the basis of the extent to which the applicant has made provision for

resources to supplement the grant and enhance the project's services,

including--

(1) (8 points) Facilities, equipment, supplies, personnel, and other

resources committed by the applicant; and

(2) (8 points) Resources secured through written commitments from

schools, community organizations, and others.

(e) Quality of personnel (9 points). (1) The Secretary evaluates the

quality of the personnel the applicant plans to use in the project on

the basis of the following:

(i) The qualifications required of the project director.

(ii) The qualifications required of each of the other personnel to

be used in the project.

(iii) The plan to employ personnel who have succeeded in overcoming

the disadvantages of circumstances like those of the population of the

target area.

(2) In evaluating the qualifications of a person, the Secretary

considers his or her experience and training in fields related to the

objectives of the project.

(f) Budget (5 points). The Secretary evaluates the extent to which

the project budget is reasonable, cost-effective, and adequate to

support the project.

(g) Evaluation plan (8 points). The Secretary evaluates the quality

of the evaluation plan for the project on the basis of the extent to

which the applicant's methods of evaluation--

(1) Are appropriate to the project's objectives;

(2) Provide for the applicant to determine, using specific and

quantifiable measures, the success of the project in--

(i) Making progress toward achieving its objectives (a formative

evaluation); and

(ii) Achieving its objectives at the end of the project period (a

summative evaluation); and

(3) Provide for the disclosure of unanticipated project outcomes,

using quantifiable measures if appropriate.


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

1840-0549)

(Authority: 20 U.S.C. 1070a-12)


Sec. 643.22 How does the Secretary evaluate prior experience?


(a) In the case of an application described in Sec.

643.20(a)(2)(i), the Secretary reviews information relating to an

applicant's performance under its expiring Talent Search project. This

information includes performance reports, audit reports, site visit

reports, and project evaluation reports.

(b) The Secretary evaluates the applicant's prior experience in

delivering services on the basis of the following criteria:

(1) (3 points) (i) Whether the applicant provided services to the

number of participants required to be served under the approved

application; and

(ii) Whether two-thirds of all participants served were low-income

individuals and potential first-generation college students.

(2) (6 points) The extent to which the applicant met or exceeded its

objectives regarding the retention, reentry, and graduation levels of

secondary school participants.

(3) (6 points) The extent to which the applicant met or exceeded its

objectives regarding the admission or reentry of participants to

programs of postsecondary education.


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

1840-0549)

(Authority: 20 U.S.C. 1070a-12)


Sec. 643.23 How does the Secretary set the amount of a grant?


(a) The Secretary sets the amount of a grant on the basis of--

(1) 34 CFR 75.232 and 75.233, for new grants; and

(2) 34 CFR 75.253, for the second and subsequent years of a project

period.

(b) If the circumstances described in section 402A(b)(3) of the HEA

exist, the Secretary uses the available funds to set the amount of the

grant beginning in fiscal year 1994 at the lesser of--

(1) $180,000; or

(2) The amount requested by the applicant.


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

1840-0549)

(Authority: 20 U.S.C. 1070a-11)


Subpart D - What Conditions Must Be Met by a Grantee?


Sec. 643.30 What are allowable costs?


The cost principles that apply to the Talent Search program are in

34 CFR part 74, subpart Q. Allowable costs include the following if they

are reasonably related to the objectives of the project:

(a) Transportation, meals, and, if necessary, lodging for

participants and staff for--

(1) Visits to postsecondary educational institutions to obtain

information relating to the admission of participants to those

institutions;

(2) Participation in ``College Day'' activities; and

(3) Field trips to observe and meet with persons who are employed in

various career fields in the target area and who can act as role models for participants.

(b) Purchase of testing materials.

(c) Fees required for college admissions applications or entrance

examinations if--

(1) A waiver of the fee is unavailable; and

(2) The fee is paid by the grantee to a third party on behalf of a

participant.

(d) In-service training of project staff.

(e) Rental of space if--

(1) Space is not available at the site of the grantee; and

(2) The rented space is not owned by the grantee.

(f) Purchase of computer hardware, computer software, or other

equipment for student development, project administration, and

recordkeeping, if the applicant demonstrates to the Secretary's

satisfaction that the equipment is required to meet the objectives of

the project more economically or efficiently.

(Authority: 20 U.S.C. 1070a-11 and 1070a-12)


Sec. 643.31 What are unallowable costs?


Costs that are unallowable under the Talent Search program include,

but are not limited to, the following:

(a) Tuition, stipends, and other forms of direct financial support

for participants.

(b) Application fees for financial aid.

(c) Research not directly related to the evaluation or improvement

of the project.

(d) Construction, renovation, and remodeling of any facilities.

(Authority: 20 U.S.C. 1070a-11 and 1070a-12)


Sec. 643.32 What other requirements must a grantee meet?


(a) Eligibility of participants. (1) A grantee shall determine the

eligibility of each participant in the project at the time that the

individual is selected to participate.

(2) A grantee shall determine the status of a low-income individual

on the basis of the documentation described in section 402A(e) of the

HEA.

(b) Number of participants. A grantee shall serve a minimum of 600

participants in each budget period. However, the Secretary may reduce

the minimum number of these participants if the amount of the grant for

the budget period is less than $180,000.

(c) Recordkeeping. For each participant, a grantee shall maintain a

record of--

(1) The basis for the grantee's determination that the participant

is eligible to participate in the project under Sec. 643.3;

(2) The grantee's needs assessment for the participant;

(3) The services that are provided to the participant; and

(4) The specific educational progress made by the participant as a

result of the services.

(d) Project director. (1) A grantee shall employ a full-time project

director unless paragraph (d)(3) of this section applies.

(2) The grantee shall give the project director sufficient authority

to administer the project effectively.

(3) The Secretary waives the requirement in paragraph (d)(1) of this

section if the applicant demonstrates that the requirement will hinder

coordination--

(i) Among the Federal TRIO Programs (sections 402A through 402F of

the HEA); or

(ii) Between the programs funded under sections 402A through 410 of

the HEA and similar programs funded through other sources.


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

1840-0549)

(Authority: 20 U.S.C. 1070a-11 and 1070a-12)



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