84

84.234 PROJECTS WITH INDUSTRY 34 CFR PART 379

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.1]

[Page 397]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart A_General

Sec. 379.1 What is the Projects With Industry (PWI) program?

Subpart A_General

Sec.379.1 What is the Projects With Industry (PWI) program?

379.2 Who is eligible for a grant award under this program?

379.3 Who is eligible for services under this program?

379.4 What regulations apply?

379.5 What definitions apply?

Subpart B_What Kinds of Activities Does the Department of Education

Assist Under This Program?

379.10 What types of project activities are required of each grantee

under this program?

379.11 What additional types of project activities may be authorized

under this program?

Subpart C_How Does One Apply for an Award?

379.20 How does an eligible entity apply for an award?

379.21 What is the content of an application for an award?

379.22 What are the application procedures for this program?

Subpart D_How Does the Secretary Make a Grant?

379.30 What selection criteria does the Secretary use under this

program?

379.31 What other factors does the Secretary consider in reviewing an

application?

Subpart E_What Conditions Must Be Met by a Grantee?

379.40 What are the matching requirements?

379.41 What are allowable costs?

379.42 What are the special requirements pertaining to the Client

Assistance Program?

379.43 What are the special requirements pertaining to the protection,

use, and release of personal information?

379.44 What are the requirements for a continuation award?

379.45 What are the additional reporting requirements?

Subpart F_What Compliance Indicator Requirements Must a Grantee Meet To

Receive Continuation Funding?

379.50 What are the requirements for continuation funding?

379.51 What are the program compliance indicators?

379.52 How is grantee performance measured using the compliance

indicators?

379.53 What are the minimum performance levels for each compliance

indicator?

379.54 What are the reporting requirements for the compliance

indicators?

Appendix A to Part 379--Evaluation Standards

Appendix B to Part 379--Presumption of Eligibility

Appendix C to Part 379--Calculating Required Matching Amount

Authority: 29 U.S.C. 711(c) and 795, unless otherwise noted.

Source: 64 FR 48053, Sept. 1, 1999, unless otherwise noted.

The purpose of this program is to

(a) Create and expand job and career opportunities for individuals

with disabilities in the competitive labor market by engaging the talent

and leadership of private industry as partners in the rehabilitation

process;

(b) Identify competitive job and career opportunities and the skills

needed to perform these jobs;

(c) Create practical settings for job readiness and job training

programs; and

(d) Provide job placements and career advancement.

(Authority: 29 U.S.C. 795(a)(1))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.2]

[Page 397-398]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart A_General

Sec. 379.2 Who is eligible for a grant award under this program?

(a) The Secretary may, in consultation with the Secretary of Labor

and [[Page 398]]

with the appropriate designated State unit or units, make a grant under

this program to any--

(1) Community rehabilitation program provider;

(2) Designated State unit (DSU);

(3) Employer;

(4) Indian tribe or tribal organization;

(5) Labor union;

(6) Nonprofit agency or organization;

(7) Trade association; or

(8) Other agency or organization with the capacity to create and

expand job and career opportunities for individuals with disabilities.

(b) The Secretary may make new awards only to those eligible

entities identified in paragraph (a) of this section that propose to

serve individuals with disabilities in States, portions of States,

Indian tribes, or tribal organizations that are currently unserved or

underserved by the PWI program.

(Authority: 29 U.S.C. 795(a)(2) and 795(e)(2))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.3]

[Page 398]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart A_General

Sec. 379.3 Who is eligible for services under this program?

(a) An individual is eligible for services under this program if--

(1) The individual is an individual with a disability or an

individual with a significant disability;

(2) The individual requires vocational services to prepare for,

secure, retain, or regain employment; and

(3) The determination of eligibility is consistent with section

102(a) of the Rehabilitation Act of 1973, as amended (Act), 29 U.S.C.

701-796l.

(b) The recipient of the grant under which the services are provided

may determine an individual's eligibility for services under this

program, to the extent that the determination is appropriate and

consistent with the requirements of section 102(a) of the Act. See

Appendix B to this part for further information.

(c) Except as provided in paragraph (d) of this section, an

individual who has a disability or is blind, as determined pursuant to

title II or title XVI of the Social Security Act (42 U.S.C. 401-433 and

1381-1385)--

(1) Is considered to be an individual with a significant disability;

and

(2) Is presumed to be eligible for vocational rehabilitation (VR)

services under this program (provided that the individual intends to

achieve an employment outcome consistent with the unique strengths,

resources, priorities, concerns, abilities, capabilities, interests, and

informed choice of the individual).

(d) The DSU or recipient of the grant involved may deny an

individual services if the DSU or recipient of the grant involved can

demonstrate, by clear and convincing evidence, that the individual is

incapable of benefiting in terms of an employment outcome from VR

services due to the significance of the disability of the individual.

(Authority: 29 U.S.C. 722(a)(3) and 795(a)(3))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.4]

[Page 398]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart A_General

Sec. 379.4 What regulations apply?

The following regulations apply to the Projects With Industry

program:

(a) The Education Department General Administrative Regulations

(EDGAR) as follows:

(1) 34 CFR part 74 (Administration of Grants and Agreements with

Institutions of Higher Education, Hospitals, and Other Non-profit

Organizations).

(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).

(6) 34 CFR part 81 (General Education Provisions Act--Enforcement).

(7) 34 CFR part 82 (New Restrictions on Lobbying).

(8) 34 CFR part 85 (Governmentwide Debarment and Suspension

(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace

(Grants)).

(9) 34 CFR part 86 (Drug and Alcohol Abuse Prevention).

(b) The regulations in this part 379.

(Authority: 29 U.S.C. 711(c) and 795)

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.5]

[Page 398-399]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart A_General

Sec. 379.5 What definitions apply?

(a) The following terms used in this part are defined in 34 CFR part

361:

Act

Community rehabilitation program

[[Page 399]]

Designated State unit

Individual who is blind

Individual with a disability

Individual with a significant disability

Physical or mental impairment

Substantial impediment to employment

(b) The following definitions also apply to this part:

(1) Career advancement services mean services that develop specific

job skills beyond those required by the position currently held by an

individual with a disability to assist the individual to compete for a

promotion or achieve an advanced position.

(2) Competitive employment, as the placement outcome under this

program, means work--

(i) In the competitive labor market that is performed on a full-time

or part-time basis in an integrated setting; and

(ii) For which an individual is compensated at or above the minimum

wage, but not less than the customary or usual wage and terms and

benefits provided by the employer for the same or similar work performed

by individuals who are not disabled.

(3) Integrated setting, as part of the definition of ``competitive

employment,'' means a setting typically found in the community in which

individuals with disabilities interact with non-disabled individuals,

other than non-disabled individuals who are providing services to them,

to the same extent that non-disabled individuals in comparable positions

interact with other persons.

(4) Job readiness training, as used in Sec. 379.41(a), means--

(i) Training in job-seeking skills;

(ii) Training in the preparation of resumes or job applications;

(iii) Training in interviewing skills;

(iv) Participating in a job club; or

(v) Other related activities that may assist an individual to secure

competitive employment.

(5) Job training, as used in this part, means one or more of the

following training activities provided prior to placement, as that term

is defined in Sec. 379.5(b)(7):

(i) Occupational skills training.

(ii) On-the-job training.

(iii) Workplace training combined with related instruction.

(iv) Job skill upgrading and retraining.

(v) Training to enhance basic work skills and workplace

competencies.

(vi) On-site job coaching.

(6) Person served means an individual for whom services by a PWI

project have been initiated with the objective that those services will

result in a placement in competitive employment.

(7) Placement means the attainment of competitive employment by a

person who has received services from a PWI project and has maintained

employment for a period of at least 90 days.

(Authority: 29 U.S.C. 711(c) and 795)

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.10]

[Page 399-400]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart B_What Kinds of Activities Does the Department of Education

Assist Under This Program?

Sec. 379.10 What types of project activities are required of each

grantee under this program?

Each grantee under the PWI program must--

(a) Provide for the establishment of a Business Advisory Council

(BAC), comprised of representatives of private industry, business

concerns, organized labor, individuals with disabilities and their

representatives, and a representative of the appropriate DSU, that

will--

(1) Identify job and career availability within the community,

consistent with the current and projected local employment opportunities

identified by the local workforce investment board for the community

under section 118(b)(1)(B) of the Workforce Investment Act of 1998;

(2) Identify the skills necessary to perform those jobs and careers;

and

(3) Prescribe for individuals with disabilities in fields related to

the job and career availability identified in Sec. 379.10(a)(1)

either--

(i) training programs designed to develop appropriate job and career

skills; or

(ii) job placement programs designed to identify and develop job

placement and career advancement opportunities;

(b) Provide job development, job placement, and career advancement

services;

[[Page 400]]

(c) To the extent appropriate, arrange for the provision of, or

provide for--

(1) Training in realistic work settings to prepare individuals with

disabilities for employment and career advancement in the competitive

labor market; and

(2) To the extent practicable, the modification of any facilities or

equipment of the employer involved that are to be used by individuals

with disabilities under this program. However, a project may not be

required to provide for this modification if the modification is

required as a reasonable accommodation under the Americans with

Disabilities Act of 1990 (ADA), 42 U.S.C. 12101-12213; and

(d) Provide individuals with disabilities with supportive services

that are necessary to permit them to maintain the employment and career

advancement for which they have received training under this program.

(Authority: 29 U.S.C. 795)

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.11]

[Page 400]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart B_What Kinds of Activities Does the Department of Education

Assist Under This Program?

Sec. 379.11 What additional types of project activities may be

authorized under this program?

The Secretary may include, as part of agreements with grant

recipients under this program, authority for the grant recipients to

provide technical assistance to--

(a) Assist employers in hiring individuals with disabilities; or

(b) Improve or develop relationships between grant recipients or

prospective grant recipients and employers or organized labor; or

(c) Assist employers in understanding and meeting the requirements

of the ADA, as that Act relates to employment of individuals with

disabilities.

(Authority: 29 U.S.C. 795)

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.30]

[Page 402-403]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart D_How Does the Secretary Make a Grant?

Sec. 379.30 What selection criteria does the Secretary use under this

program?

(a) The Secretary uses the procedures in 34 CFR part 75 to select

applications and award new grants.

(b) The Secretary uses the following selection criteria to evaluate

an application:

(1) Extent of need for project (20 points). The Secretary reviews

each application to determine the extent to which the project meets

demonstrated needs. The Secretary looks for evidence that--

(i) The applicant has demonstrated a demand in the competitive labor

market of the geographic area to be served for the types of jobs for

which project participants will be placed and, if appropriate, trained.

(A) The applicant may demonstrate the demand for those jobs by

describing an existing current labor market analysis, other needs

assessment, or one that it has performed in collaboration with private

industry.

(B) The labor market analysis or needs assessment must be consistent

with the current and projected local employment opportunities identified

by the local workforce investment board for the community under section

118(b)(1)(B) of the Workforce Investment Act of 1998; and

(ii) The job placement and, if appropriate, job training to be

provided meets the identified needs for personnel in specific

occupations or occupational categories in the geographic area to be

served.

(2) Partnership with industry (25 points). The Secretary looks for

information that demonstrates--

(i) The extent of the project's proposed collaboration with private

industry in the planning, implementation, and evaluation of job

development, job placement, career advancement activities, and, to the

extent included as part of the activities to be carried out by the

project, job training activities; and

(ii) The extent of proposed participation of the BAC in--

(A) The identification of job and career opportunities within the

community, consistent with the current and projected local employment

opportunities identified by the local workforce investment board for the

community under section 118(b)(1)(B) of the Workforce Investment Act of

1998;

(B) The identification of the skills necessary to perform the jobs

and careers identified; and

(C) For individuals with disabilities in fields related to the job

and career availability identified under paragraph (b)(1)(i) of this

section, prescribing either--

(1) Training programs designed to develop appropriate job and career

skills; or

(2) Job placement programs designed to identify and develop job

placement and career advancement opportunities.

(3) Project design and plan of operation for achieving competitive

employment (25 points). The Secretary reviews each application to

determine--

(i) The extent to which the project goals and objectives for

achieving competitive employment for individuals with disabilities to be

served by the project are clearly stated and meet the needs identified

by the applicant and the purposes of the program;

(ii) The extent to which the project provides for all services and

activities required under Sec. 379.10;

(iii) The feasibility of proposed strategies and methods for

achieving project goals and objectives for competitive employment for

project participants;

(iv) The extent to which project activities will be coordinated with

the DSU and with other appropriate community resources to ensure an

adequate number of referrals and a maximum use of comparable benefits

and services;

(v) The extent to which the applicant's management plan will ensure

proper and efficient administration of the project; and

(vi) Whether the applicant has proposed a realistic timeline for the

implementation of project activities to ensure timely accomplishment of

proposed goals and objectives to achieve competitive employment for

individuals with disabilities to be served by the project.

[[Page 403]]

(4) Adequacy of resources and quality of key personnel (10 points).

The Secretary reviews each application to determine--

(i) The adequacy of the resources (including facilities, equipment,

and supplies) that the applicant plans to devote to the project;

(ii) The quality of key personnel who will be involved in the

project, including--

(A) The qualifications of the project director;

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

in the project; and

(C) The experience and training of key personnel in fields related

to the objectives and activities of the project; and

(D) The way the applicant plans to use its resources and personnel

to achieve the project's goals and objectives, including the time that

key personnel will commit to the project.

(5) Budget and cost effectiveness (10 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) Project evaluation (10 points). The Secretary reviews each

application to determine the quality of the proposed evaluation plan

with respect to--

(i) Evaluating project operations and outcomes;

(ii) Involving the BAC in evaluating the project's job development,

job placement, career advancement activities, and, to the extent

included as part of the activities to be carried out by the project, job

training activities;

(iii) Meeting the annual evaluation reporting requirements in Sec.

379.21(a)(6);

(iv) Determining compliance with the indicators; and

(v) Addressing any deficiencies identified through project

evaluation.

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

1820-0566)

(Authority: 29 U.S.C. 711(c) and 795)

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.31]

[Page 403]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart D_How Does the Secretary Make a Grant?

Sec. 379.31 What other factors does the Secretary consider in reviewing

an application?

In addition to the selection criteria in Sec. 379.30, the

Secretary, in making awards under this program, considers--

(a) The equitable distribution of projects among the States; and

(b) The past performance of the applicant in carrying out a similar

PWI project under previously awarded grants, as indicated by factors

such as compliance with grant conditions, soundness of programmatic and

financial management practices, and meeting the requirements of Subpart

of this part.

(Authority: 29 U.S.C. 795(e)(2) and 795(f)(4))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.40]

[Page 403]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart E_What Conditions Must Be Met by a Grantee?

Sec. 379.40 What are the matching requirements?

The Federal share may not be more than 80 percent of the total cost

of a project under this program. For assistance in calculating the

required matching amount, see Appendix C to this part.

(Authority: 29 U.S.C. 795(c))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.41]

[Page 403-404]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart E_What Conditions Must Be Met by a Grantee?

Sec. 379.41 What are allowable costs?

In addition to those costs that are allowable in accordance with 34

CFR 74.27 and 34 CFR 80.22, the following items are allowable costs

under this program:

(a) The costs of job readiness training, as defined in Sec.

379.5(b)(5); job training, as defined in Sec. 379.5(b)(6); job

placement services; job development and modification; and related

support services.

(b) Instruction and supervision of trainees.

(c) Training materials and supplies, including consumable materials.

(d) Instructional aids.

(e) The purchase or modification of rehabilitation technology to

meet the needs of individuals with disabilities.

(f) Alteration and renovation appropriate and necessary to ensure

access to and use of buildings by individuals with disabilities served

by the project.

[[Page 404]]

(g) To the extent practicable, the modification of any facilities or

equipment of the employer involved that are to be used by individuals

with disabilities under this program. However, a project may not be

required to provide for that modification if the modification is

required as a reasonable accommodation under the ADA.

(Authority: 29 U.S.C. 711(c) and 795)

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.42]

[Page 404]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart E_What Conditions Must Be Met by a Grantee?

Sec. 379.42 What are the special requirements pertaining to the Client

Assistance Program?

Each grantee under a program covered by this part must advise

applicants for or recipients of services under its project, or as

appropriate, the parents, family members, guardians, advocates, or

authorized representatives of those individuals, of the availability and

purposes of the State's Client Assistance Program, including information

on seeking assistance from that program.

(Authority: 29 U.S.C. 718a)

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.43]

[Page 404]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart E_What Conditions Must Be Met by a Grantee?

Sec. 379.43 What are the special requirements pertaining to the

protection, use, and release of personal information?

(a) All personal information about individuals served by any project

under this part, including lists of names, addresses, photographs, and

records of evaluation, must be held confidential.

(b) The use of information and records concerning individuals must

be limited only to purposes directly connected with the project,

including project evaluation activities.

(c) This information may not be disclosed, directly or indirectly,

other than in the administration of the project, unless the consent of

the agency providing the information and the individual to whom the

information applies, or his or her representative, have been obtained in

writing.

(d) The Secretary or other Federal or State officials responsible

for enforcing legal requirements have access to this information without

the written consent of the individual.

(e) The final product of the project may not reveal any personally

identifying information without the written consent of the individual or

his or her representative.

(Authority: 29 U.S.C. 711(c))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.44]

[Page 404]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart E_What Conditions Must Be Met by a Grantee?

Sec. 379.44 What are the requirements for a continuation award?

(a) A grantee that wants to receive a continuation award must--

(1) Comply with the provisions of 34 CFR 75.253(a), including making

substantial progress toward meeting the objectives in its approved

application and submitting all performance and financial reports

required by 34 CFR 75.118; and

(2) Submit data in accordance with Sec. 379.54 showing that it has

met the program compliance indicators established in Subpart F of this

part.

(b) In addition to the requirements in paragraph (a) of this

section, the following other conditions in 34 CFR 75.253(a) must be met

before the Secretary makes a continuation award:

(1) Congress must appropriate sufficient funds under the program.

(2) Continuation of the project must be in the best interest of the

Federal Government.

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

1820-0566)

(Authority: 29 U.S.C. 711(c) and 795(f)(4))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.45]

[Page 404]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart E_What Conditions Must Be Met by a Grantee?

Sec. 379.45 What are the additional reporting requirements?

Each grantee must submit the data from its annual evaluation of

project operations required under Sec. 379.21(a)(5) no later than 60

days after the end of each project year, unless the Secretary authorizes

a later submission date.

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

1820-0566)

(Authority: 29 U.S.C. 711(c) and 795)

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.50]

[Page 404-405]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart F_What Compliance Indicator Requirements Must a Grantee Meet To

Receive Continuation Funding?

Sec. 379.50 What are the requirements for continuation funding?

Source: 65 FR 18219, Apr. 6, 2000, unless otherwise noted.

[[Page 405]]

To receive a continuation award for the third or subsequent year of

the PWI grant, a grantee must--

(a) Adhere to the provisions of its approved application; and

(b) Meet the minimum performance levels on--

(1) The two ``primary'' program compliance indicators identified in

Sec. 379.51(b) and described in Sec. 379.53(a); and

(2) Any two of the three ``secondary'' compliance indicators

identified in Sec. 379.51(c) and described in Sec. 379.53(b).

(Authority: Section 611(f)(4) of the Act; 29 U.S.C. 795(f)(4))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.51]

[Page 405]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart F_What Compliance Indicator Requirements Must a Grantee Meet To

Receive Continuation Funding?

Sec. 379.51 What are the program compliance indicators?

(a) General. The program compliance indicators implement program

evaluation standards, which are contained in an appendix to this part,

by establishing minimum performance levels in essential project areas to

measure the effectiveness of individual grantees.

(b) Primary compliance indicators. ``Placement rate'' and ``Change

in earnings'' are ``primary'' compliance indicators.

(c) Secondary compliance indicators. ``Percent placed who have

significant disabilities,'' ``Percent placed who were previously

unemployed,'' and ``Average cost per placement'' are ``secondary''

compliance indicators.

(Authority: Sections 611(d)(1) and 611(f)(1) of the Act; 29 U.S.C.

795(d)(1) and 795(f)(1))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.52]

[Page 405]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart F_What Compliance Indicator Requirements Must a Grantee Meet To

Receive Continuation Funding?

Sec. 379.52 How is grantee performance measured using the compliance

indicators?

(a) Each compliance indicator establishes a minimum performance

level.

(b) If a grantee does not achieve the minimum performance level for

a compliance indicator, the grantee does not pass the compliance

indicator.

(Authority: Section 611(f)(1) of the Act; 26 U.S.C. 795(f)(1))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.53]

[Page 405]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart F_What Compliance Indicator Requirements Must a Grantee Meet To

Receive Continuation Funding?

Sec. 379.53 What are the minimum performance levels for each compliance

indicator?

(a) Primary compliance indicators--(1) Placement rate. The project

places individuals it serves into competitive employment as follows:

(i) No less than 50 percent during fiscal year (FY) 2001.

(ii) No less than 51 percent during FY 2002.

(iii) No less than 52 percent during FY 2003.

(iv) No less than 54 percent during FY 2004.

(v) No less than 55 percent during FY 2005 and any year thereafter.

(2) Change in earnings. (i) Except as provided in paragraph

(a)(2)(ii) of this section, the average earnings of all individuals who

are placed into competitive employment by the project increase by an

average of at least $125.00 a week over the average earnings of all

individuals at the time of project entry.

(ii) For projects in which at least 75 percent of individuals placed

into competitive employment are working fewer than 30 hours per week,

the average earnings of all individuals placed by the project increase

by an average of at least $100.00 a week over the average earnings of

all individuals at the time of project entry.

(b) Secondary compliance indicators--(1) Percent placed who have

significant disabilities. At least 50 percent of individuals who are

placed into competitive employment are individuals with significant

disabilities.

(2) Percent placed who were previously unemployed. At least 50

percent of individuals who are placed into competitive employment are

individuals who were continuously unemployed for at least 6 months at

the time of project entry.

(3) Average cost per placement. The actual average cost per

placement does not exceed 115 percent of the projected average cost per

placement in the grantee's application.

(Authority: Section 611(f)(1) of the Act; 29 U.S.C. 795(f)(1))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR379.54]

[Page 405-407]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 379_PROJECTS WITH INDUSTRY--Table of Contents

Subpart F_What Compliance Indicator Requirements Must a Grantee Meet To

Receive Continuation Funding?

Sec. 379.54 What are the reporting requirements for the compliance

indicators?

(a) To receive continuation funding for the third or any subsequent

year of a PWI grant, each grantee must submit to the Secretary data for

the most recent complete budget period no later

[[Page 406]]

than 60 days after the end of that budget period, unless the Secretary

authorizes a later submission date. The Secretary uses this data to

determine if the grantee has met the program compliance indicators in

this subpart F.

(b) A grantee may receive its second year of funding (or the first

continuation award) under this program before data from the first

complete budget period is available. However, to allow the Secretary to

determine whether the grantee is eligible for the third year of funding

(or the second continuation award), the grantee must submit data from

the first budget period in accordance with paragraph (a) of this

section.

(c) If the data for the most recent complete budget period provided

under paragraph (a) or (b) of this section show that a grantee has

failed to achieve the minimum performance levels, as required by Sec.

379.50(b), the grantee may, at its option, submit data from the first 6

months of the current budget period. The grantee must submit this data

no later than 60 days after the end of that 6-month period, unless the

Secretary authorizes a later submission date. The data must demonstrate

that the grantee's project performance has improved sufficiently to meet

the minimum performance levels required in Sec. 379.50(b).

\

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

1820-0631)

(Authority: Section 611(f)(2) and 611(f)(4) of the Act; 29 U.S.C.

795(f)(2) and 795(f)(4))

Appendix A to Part 379--Evaluation Standards

Standard 1: The primary objective of the project must be to assist

individuals with disabilities to obtain competitive employment. The

activities carried out by the project must support the accomplishment of

this objective.

Standard 2: The project must serve individuals with disabilities

that impair their capacity to obtain competitive employment. In

selecting persons to receive services, priority must be given to

individuals with significant disabilities.

Standard 3: The project must ensure the provision of services that

will assist in the placement of individuals with disabilities.

Standard 4: Funds must be used to achieve the project's primary

objective at minimum cost to the Federal Government.

Standard 5: The project's advisory council must provide policy

guidance and assistance in the conduct of the project.

Standard 6: Working relationships, including partnerships, must be

established with agencies and organizations to expand the project's

capacity to meet its objectives.

Standard 7: The project must obtain positive results in assisting

individuals with disabilities to obtain competitive employment.

Appendix B to Part 379--Presumption of Eligibility

If a DSU determines that an individual is an eligible individual

under section 102(a) of the Act, including that the individual meets the

definition of an ``individual with a significant disability,'' and

refers the individual to a PWI project, the PWI grantee may initiate

services to that individual without the need for an additional

determination of eligibility. In these instances, the PWI grantee should

obtain appropriate documentation of this determination from the DSU.

Appendix C to Part 379--Calculating Required Matching Amount

1. The method for calculating the required matching amount may be

stated by the following formula:

X = (Y / .8) - Y

X = Required Match (provided in cash or through third party in-kind

contributions)

Y = Amount of Federal Funds

This equation holds true regardless of the total cost of the

project. The amount of Federal funds spent in a fiscal year (FY) can

never be more than 80 percent (hence, the ``.8'' in the formula) of the

total funds (Federal and non-Federal) spent by the project. Thus, the

formula is not dependent on knowing the total cost of the project. One

needs to know only that the Federal share can be no more than 80 percent

of whatever the total costs may turn out to be. In all cases, the

matching contribution is calculated by dividing the amount of the

Federal grant award by 80 percent (.8) and subtracting from that result

the amount of the Federal grant award.

For example: If the amount of the Federal PWI grant award is

$400,000, the amount of the required match is $100,000, calculated as

follows:

(Am't. of Fed. Funds

Required match = (Am't. of Fed. Funds in FY / Max. Fed. % of Total) - in FY)

X = ($400,000................... / .8) - 400,000

[[Page 407]]

X = $500,000-400,000............

X = $100,000....................

The matching contribution is never simply 20 percent of the amount

of the Federal grant award (i.e., in the above example, NOT

.2x$400,000).

2. Another consideration is what happens if a grantee carries over

unspent Federal funds it received in a fiscal year. If the grantee

spends or obligates less than the amount of its Federal grant award in a

particular fiscal year and carries over the unspent or unobligated

amount of its Federal grant award, its required matching contribution

stays the same because the amount of its required matching expenditures

or obligations is based on the amount of Federal dollars received in a

particular fiscal year. That is, if the grantee carries over any unspent

or unobligated Federal funds, the grantee must have spent or obligated

the amount of non-Federal funds required for its matching contribution

in the same fiscal year in which the Federal funds were received.

For example: If a PWI grantee receives a grant award of $80,000 in

FY 2000, its matching requirement for these funds is $20,000. If the

grantee spends and obligates only $64,000 in FY 2000, it may ``carry

over'' $16,000 to FY 2001. However, the grantee must spend or obligate

$20,000 in non-Federal funds in FY 2000 to meet its matching

requirements for the $80,000 it received in FY 2000, even though it does

not spend or obligate the entire $80,000 in FY 2000. If the grantee

fails to spend or obligate in FY 2000 the entire $20,000 in non-Federal

funds, the grantee will fail to meet the matching requirement for the

$80,000 it received in FY 2000 and may not carry over the unspent or

unobligated $16,000 to FY 2001.

3. The matching contribution also must comply with the requirements

of 34 CFR 74.23 (for grantees that are institutions of higher education,

hospitals, or other nonprofit organizations) or 34 CFR 80.24 (for

grantees that are State, local, or Indian tribal governments). The term

``third party in-kind contributions'' is defined in either 34 CFR 74.2

or 34 CFR 80.3, as applicable to the type of grantee.