[Federal Register: December 13, 1995 (Volume 60, Number 239)]
[Proposed Rules ]
[Page 64107-64113]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[[Page 64107]]
_______________________________________________________________________
Part III
Department of Education
_______________________________________________________________________
34 CFR Part 646
Student Support Services Program; Proposed Rule
[[Page 64108]]
DEPARTMENT OF EDUCATION
34 CFR Part 646
RIN 1840-AC24
Student Support Services Program
AGENCY: Department of Education.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Secretary proposes to amend the regulations governing the
Student Support Services Program. The proposed regulations clarify and
simplify requirements governing the program. The selection criteria,
prior experience criteria, and grantee accountability provisions are
affected by these proposed changes.
The Student Support Services Program supports the educational needs
of students from disadvantaged backgrounds. Performance outcomes for
the program are designed to demonstrate the progress and performance of
eligible students in successfully completing their postsecondary
education.
DATES: Comments must be received on or before January 12, 1996.
ADDRESSES: All comments concerning these proposed regulations should be
addressed to Richard T. Sonnergren, U.S. Department of Education, 600
Independence Avenue, S.W., Washington, D.C. 20202-5249. Comments may
also be sent through the Internet to TRIO@ed.gov.
To ensure that public comments have maximum effect in developing
the final regulations, the Department urges that each comment clearly
identify the specific section or sections of the regulations that the
comment addresses and that comments be in the same order as the
regulations.
Comments that concern information collection requirements must be
sent to the Office of Management and Budget at the address listed in
the Paperwork Reduction Act section of this preamble. A copy of those
comments may also be sent to the Department representative named in the
preceding paragraph.
FOR FURTHER INFORMATION CONTACT: Virginia A. Mason, Division of Student
Services, U.S. Department of Education, 600 Independence Avenue, S.W.,
The Portals Building, Suite 600D, Washington, D.C. 20202-5249.
Telephone: (202) 708-4804. Individuals who use telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern
time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Background
The Student Support Services program provides grants to
institutions of higher education for projects offering support services
to low-income, first generation, or disabled college students. These
support services should enhance their academic skills, increase their
retention and graduation rates, facilitate their entrance into four-
year colleges or graduate and professional programs, and foster an
institutional climate supportive of the success of low-income and first
generation college students and students with disabilities.
Projects assisted under this program may provide: (1) Instruction
in reading, writing, study skills, mathematics, and other subjects
necessary for success beyond high school; (2) personal counseling; (3)
academic advice and assistance in course selection; (4) tutorial
services and peer counseling; (5) exposure to cultural events and
academic programs not usually available to disadvantaged students; (6)
activities designed to assist students participating in the project in
securing admission and financial assistance for enrollment in graduate
and professional programs; (7) activities designed to assist students
currently enrolled in two-year institutions in securing admission and
financial assistance for enrollment in a four-year program of
postsecondary education; (8) mentoring programs involving faculty or
upper class students, or a combination thereof; and (9) programs and
activities specially designed for students of limited proficiency in
English.
These proposed regulations have been revised to address the
President's regulatory reinvention initiative. Specifically,
Secs. 646.7, 646.10, 646.20, 646.21, 646.22 and 646.32 simplify the
selection criteria and increase grantee accountability through revised
prior experience criteria and stronger project evaluation requirements.
On October 1, 1993, the Secretary published revisions to the Student
Support Services Program regulations to implement changes required by
the Higher Education Amendments of 1992 (58 FR 51521-22). This notice
of proposed rulemaking proposes program improvements that were not
covered by the October 1, 1993 regulations. Major changes in the
current regulations are proposed in the following sections:
* Definitions (Sec. 646.6). These regulations would provide
definitions for terms used in the program statute and these proposed
regulations. The following definitions have been added: academic need,
different campus, different population of participants, combination of
institutions of higher education, participant, sufficient financial
assistance. In addition, we have revised the definition of the term
``limited proficiency in English.'' These definitions are needed to
provide standard definitions used in data collection instruments and to
implement changes required by the 1992 Higher Education Amendments.
Specifically, the definitions for ``academic need'' and ``sufficient
financial assistance'' are intended to ensure grantees the flexibility
to customize their projects to meet the special needs of the
participants served. The definitions for ``different campus'' and
``different population of participants'' are intended to implement
policies and practices that have been used in governing the program.
The term ``limited proficiency in English'' is defined to provide
clarity and intended to be more practical.
* Selection criteria (Sec. 646.21). The proposed regulations
would revise the application selection criteria to simplify and clarify
the requirements and increase grantee accountability by establishing
performance indicators and a standard for evaluating project services.
* Prior experience (Sec. 646.22). The proposed regulations
would revise the criteria for the evaluation of a grantee's prior
experience to focus on project outcomes. The changes are intended to
eliminate data requested on administrative compliance matters and
collect only the information necessary to assess the impact of services
on project outcomes.
* Other requirements of a grantee (Sec. 646.32). The
proposed regulations would prohibit a grantee from serving any
individual who is simultaneously receiving services from another
Federal TRIO program and would clarify provisions for project
coordination. In addition, the proposed regulations would require
grantees to track student performance and define the basis for
determining academic need. These regulations are needed to assist
projects with the implementation of the statutory provision to
coordinate services with similar programs and provide parameters for
collecting the types of information projects need to evaluate services.
The uniformity in student service delivery and evaluation are expected
to allow the Secretary to more effectively assess the impact of the
program.
[[Page 64109]]
Executive Order 12866
Clarity of the Regulations
Executive Order 12866 requires each agency to write regulations
that are easy to understand.
The Secretary invites comments on how to make these regulations
easier to understand, including answers to questions such as the
following: (1) Are the requirements in the regulations clearly stated?
(2) Do the regulations contain technical terms or other wording that
interferes with their clarity? (3) Does the format of the regulations
(grouping and order of sections, use of headings, paragraphing, etc.)
aid or reduce their clarity? Would the regulations be easier to
understand if they were divided into more (but shorter) sections? (A
``section'' is preceded by the symbol ``Sec. '' and a numbered heading;
for example, Sec. 646.20 How does the Secretary decide which new grants
to make? (4) Is the description of the proposed regulations in the
``Supplementary Information'' section of this preamble helpful in
understanding the proposed regulations? How could this description be
more helpful in making the proposed regulations easier to understand?
(5) What else could the Department do to make the regulations easier to
understand?
A copy of any comments that concern whether these proposed
regulations are easy to understand should be sent to Stanley Cohen,
Regulations Quality Officer, U.S. Department of Education, 600
Independence Avenue, S.W., Washington, D.C. 20202-2241.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities. The small entities that would be affected by these
regulations are small institutions of higher education that receive
Federal funds under this program.
However, the regulations would not have a significant economic
impact on the small entities affected because the regulations would not
impose excessive regulatory burdens or require unnecessary Federal
supervision. The regulations would impose minimal requirements to
ensure the proper expenditure of program funds.
Paperwork Reduction Act of 1995
Sections 646.11, 646.21, 646.22, and 646.32 contain information
collection requirements. As required by the Paperwork Reduction Act of
1995 (44 U.S.C. 3507(d)), the Department of Education has submitted a
copy of these sections to the Office of Management and Budget (OMB) for
its review.
Collection of Information: Student Support Services Program--
Program Regulations.
Institutions of higher education and combinations of those
institutions are eligible to apply for grants under these regulations.
The information to be collected includes: assurances to meet certain
statutory requirements; a description of each proposed project;
specific information regarding each project (such as the need for the
project, proposed collaboration with similar or related projects;
criteria to be used to measure progress and outcomes, data regarding
persons to be served); and information to be included in an annual
report to the Secretary. The Department needs and uses the information
to make grants.
All information is to be collected annually from each applicant.
Annual reporting and recordkeeping burden for this collection of
information is estimated to average 20 hours for each response for 706
respondents, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Thus, the total
annual reporting and recordkeeping burden for this collection is
estimated to be 14,120 hours.
Organizations and individuals desiring to submit comments on the
information collection requirement should direct them to the Office of
Information and Regulatory Affairs, OMB, Room 10235, New Executive
Office Building, Washington, DC 20503; Attention: Desk Officer for U.S.
Department of Education.
The Department considers comments by the public on this proposed
collection of information in--
* Evaluating whether the proposed collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
* Evaluating the accuracy of the Department's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
* Enhancing the quality, usefulness, and clarity of the
information to be collected; and
* Minimizing the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses.
OMB is required to make a decision concerning the collection of
information contained in these proposed regulations between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication. This does not affect
the deadline for the public to comment to the Department on the
proposed regulations.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR Part 79. The objective of the
Executive Order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, this document is intended to provide
early notification of the Department's specific plans and actions for
this program.
Invitation to Comment
Interested persons are invited to submit comments and
recommendations regarding these proposed regulations.
All comments submitted in response to these proposed regulations
will be available for public inspection during and after the comment
period at 1250 Maryland Avenue, SW., The Portals Building, Suite 600D,
Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Monday
through Friday of each week except Federal holidays.
Assessment of Educational Impact
The Secretary particularly requests comments on whether the
proposed regulations in this document would require transmission of
information that is being gathered by or is available from any other
agency or authority of the United States.
List of Subjects in 34 CFR Part 646
Colleges and universities, Disadvantaged students, Educational
programs, Discretionary grants, Reporting and recordkeeping
requirements.
(Catalog of Federal Domestic Assistance Number 84.042 Student
Support Services Program.)
[[Page 64110]]
Dated: November 28, 1995.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
The Secretary proposes to amend Title 34 of the Code of Federal
Regulations by revising Part 646 to read as follows:
PART 646--STUDENT SUPPORT SERVICES PROGRAM
Subpart A--General
Sec.
646.1 What is the Student Support Services Program?
646.2 Who is eligible to receive a grant?
646.3 Who is eligible to participate in a Student Support Services
project?
646.4 What activities and services may a project provide?
646.5 How long is a project period?
646.6 What regulations apply?
646.7 What definitions apply?
Subpart B--How Does One Apply for an Award?
646.10 How many applications for a Student Support Services award
may an eligible applicant submit?
646.11 What assurances must an applicant include in an application?
Subpart C--How Does the Secretary Make a Grant?
646.20 How does the Secretary decide which new grants to make?
646.21 What selection criteria does the Secretary use?
646.22 How does the Secretary evaluate prior experience?
646.23 How does the Secretary set the amount of a grant?
Subpart D--What Conditions Must Be Met by a Grantee?
646.30 What are allowable costs?
646.31 What are unallowable costs?
646.32 What other requirements must a grantee meet?
Authority: 20 U.S.C. 1070a-11 and 1070a-14, unless otherwise
noted.
Subpart A--General
Sec. 646.1 What is the Student Support Services Program?
The Student Support Services Program provides grants for projects
designed to--
(a) Provide support services to eligible students to enhance their
academic skills, increase their retention and graduation rates, and, as
appropriate, facilitate their entrance into four-year colleges or
graduate and professional programs; and
(b) Foster an institutional climate supportive of the success of
low-income and first generation college students and individuals with
disabilities through services such as those described in Sec. 646.4.
(Authority: 20 U.S.C. 1070a-11 and 1070a-14)
Sec. 646.2 Who is eligible to receive a grant?
An institution of higher education or a combination of institutions
of higher education are eligible to receive a grant to carry out a
Student Support Services project.
(Authority: 20 U.S.C. 1070a-14)
Sec. 646.3 Who is eligible to participate in a Student Support
Services project?
A student is eligible to participate in a Student Support Services
project if the student meets all of the following requirements:
(a) Is a citizen or national of the United States or meets the
residency requirements for Federal student financial assistance.
(b) Is enrolled at the grantee institution or accepted for
enrollment in the next academic term at that institution.
(c) Has a need for academic support, as determined by the grantee,
in order to pursue successfully a postsecondary educational program.
(d) Is--
(1) A low-income individual;
(2) A first generation college student; or
(3) An individual with disabilities.
(Authority: 20 U.S.C. 1070a-14)
Sec. 646.4 What activities and services may a project provide?
A Student Support Services project may provide the following
services:
(a) Instruction in reading, writing, study skills, mathematics, and
other subjects necessary for success beyond secondary school.
(b) Personal counseling.
(c) Academic advice and assistance in course selection.
(d) Tutorial services and counseling and peer counseling.
(e) Exposure to cultural events and academic programs not usually
available to disadvantaged students.
(f) Activities designed to acquaint students participating in the
project with the range of career options available.
(g) Activities designed to secure admission and financial
assistance for enrollment in graduate and professional programs.
(h) Activities designed to assist students currently enrolled in
two-year institutions in securing admission and financial assistance
for enrollment in a four-year program of postsecondary education.
(i) Mentoring programs involving faculty or upper class students,
or any combination of faculty members and upper class students.
(j) Programs and activities as 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 Student
Support Services Program stated in Sec. 646.1.
(Authority: 20 U.S.C. 1070a-14)
Sec. 646.5 How long is a project period?
(a) Except as provided in paragraph (b) of this section, a project
period under the Student Support Services program is four years.
(b) The Secretary approves a project period of five years for
applicants that score in the highest ten percent of all applicants
approved for new grants under the criteria in Sec. 646.21.
(Authority: 20 U.S.C. 1070a-11)
Sec. 646.6 What regulations apply?
The following regulations apply to the Student Support Services
Program:
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR parts 74, 75, 77, 79, 82, 85 and 86; and
(b) The regulations in this part 646.
(Authority: 20 U.S.C. 1070a-11 and 1070a-14)
Sec. 646.7 What definitions apply?
(a) Definitions in the Act. The following terms used in this part
are defined in sections 402(A)(g), 481, or 1201(a) of the Higher
Education Act (HEA) of 1965, as amended.
First generation college student.
Institution of higher education.
Low-income individual.
(b) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
Budget
Budget Period
Department
EDGAR
Equipment
Facilities
Fiscal year
Grant
Grantee
Grant Period
Project
Project period
Public
Secretary
Supplies
(c) Other definitions. The following definitions also apply to this
part:
Academic need with reference to a student means a student whom the
grantee determines needs one or more of
[[Page 64111]]
the services stated under Sec. 646.4 to succeed in a postsecondary
educational program.
Cohort rate means a statistical measure used to compare the
characteristics or outcomes of a specified group of students over time
with other groups for which similar rates have been calculated.
Combination of institutions of higher education means two or more
institutions of higher education that have entered into a cooperative
agreement for the purpose of carrying out a common objective, or an
entity designated or created by a group of institutions of higher
education for the purpose of carrying out a common objective on their
behalf.
Different campus means an institutional site that is geographically
apart from and independent of the main campus of the institution. The
Secretary considers a location of an institution to be independent of
the main campus if the location--
(1) Is permanent in nature;
(2) Offers courses in educational programs leading to a degree,
certificate, or other recognized educational credential;
(3) Has its own faculty and administrative or supervisory
organization; and
(4) Has its own budgetary and hiring authority.
Different population of participants means a group of either--
(1) Low-income, first-generation college students; or
(2) Disabled students.
Individual with disabilities means a person who has a diagnosed
physical or mental impairment that substantially limits that person's
ability to participate in the educational experiences and opportunities
offered by the grantee institution.
Limited proficiency in English with reference to an individual
means an individual whose native language is other than English and who
has sufficient difficulty speaking, reading, writing, or understanding
the English language to deny that individual the opportunity to learn
successfully in classrooms in which English is the language of
instruction.
Participant means an individual who--
(1) Is determined to be eligible to participate in the project
under Sec. 646.3; and
(2) Receives project services on a continual basis for a period of
more than one full grading period at the grantee institution.
Sufficient financial assistance means the amount of financial aid
offered a Student Support Services student, inclusive of Federal,
State, local, private, and institutional aid which, together with
parent or student contributions, is equal to the cost of attendance as
determined by a financial aid officer at the institution.
(Authority: 20 U.S.C. 1070a-11 and 1070a-14)
Subpart B--How Does One Apply for an Award?
Sec. 646.10 How many applications for a Student Support Services award
may an eligible applicant submit?
The Secretary accepts more than one application from an eligible
applicant so long as each additional application describes a project
that serves a different campus, or a different population of
participants who cannot readily be served by a single project.
(Authority: 20 U.S.C. 1070a-11 and 1070a-14)
Sec. 646.11 What assurances must an applicant include in an
application?
An applicant shall assure in its application that--
(a) At least two-thirds of the students it will serve in its
Student Support Services project will be--
(1) Low-income individuals who are first generation college
students; or
(2) Individuals with disabilities;
(b) The remaining students it will serve will be low-income
individuals, first generation college students, or individuals with
disabilities;
(c) Not less than one-third of the individuals with disabilities
will be low-income individuals; and
(d) Each student participating in the project will be offered
sufficient financial assistance to meet that student's full financial
need.
(Authority: 20 U.S.C. 1070a-14)
Subpart C--How Does the Secretary Make a Grant?
Sec. 646.20 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. 646.21.
(ii) The maximum score for all the criteria in Sec. 646.21 is 00
points. The maximum score for each criterion is indicated in
parentheses with the criterion.
(2) (i) If an application for a new grant proposes to continue to
serve substantially the same population or campus that the applicant is
serving under an expiring grant, the Secretary evaluates the
applicant's prior experience in delivering services under the expiring
grant on the basis of the criteria in Sec. 646.22.
(ii) The maximum score for all the criteria in Sec. 646.22 is 15
points. The maximum score for each criterion is indicated in
parentheses with the criterion.
(b) The Secretary makes new grants in rank order on the basis of
the applications' total scores under paragraphs (a)(1) and (a)(2) of
this section.
(c) If the total scores of two or more applications are the same
and there is insufficient money available to fully fund them both after
funding the higher-ranked applications, the Secretary chooses among the
tied applications so as to serve geographic areas that have been
underserved by the Student Support Services Program.
(d) The Secretary does not make grants to applicants that carried
out a Federal TRIO program project that involved the fraudulent use of
funds.
(Authority: 20 U.S.C. 1070a-11 and 1070a-14)
Sec. 646.21 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 Student Support Services project proposed at the applicant
institution on the basis of the extent to which the application
contains clear evidence of--
(1) A high number or percentage, or both, of students enrolled or
accepted for enrollment at the applicant institution who meet the
eligibility requirements of Sec. 646.3;
(2) The academic and other problems that eligible students
encounter at the applicant institution; and
(3) Students eligible for Student Support Services projects who are
less likely to succeed as compared to the total enrollment at the
applicant institution based upon the following indicators:
(i) Retention and graduation rates.
(ii) Grade point averages.
(iii) Graduate and professional school enrollment rates (four-year
colleges only).
(iv) Transfer rates from two-year to four-year institutions (two-
year colleges only).
(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
[[Page 64112]]
purposes of the Student Support Services Program stated in Sec. 646.1;
(2) Address the needs and aspirations of the proposed project
participants;
(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) (3 points) The plan to inform the institutional community
(students, faculty and staff) of the goals, objectives, and services of
the project and the eligibility requirements for participation in the
project.
(2) (3 points) The plan to identify, select and retain project
participants with academic need and ensure their participation without
regard to race, color, national origin, or gender.
(3) (4 points) The plan for assessing individual participants' need
for specific services and monitoring their academic progress.
(4) (10 points) The plan to provide services that address the goals
and objectives of the project.
(5) (10 points) The applicant's plan to ensure proper and efficient
administration of the project, including the organizational placement
of the project; the time commitment of key project staff; the specific
plans for financial management, student records management, and
personnel management; and, where appropriate, its plan for coordination
with other programs for disadvantaged students.
(d) Institutional commitment (16 points). The Secretary evaluates
the institutional commitment to the proposed project on the basis of
the extent to which the applicant has--
(1) (6 points) Committed facilities, equipment, supplies,
personnel, and other resources to supplement the grant and enhance
project services;
(2) (6 points) Established administrative and academic policies
that enhance participants' retention at the institution and improve
their chances of graduating from the institution;
(3) (2 points) Demonstrated a commitment to minimize the dependence
on student loans in developing financial aid packages for project
participants by committing institutional resources to the extent
possible; and
(4) (2 points) Assured the full cooperation and support of the
Admissions, Student Aid and Registrar functional components of the
institution.
(e) Quality of personnel (9 points). To determine the quality of
personnel the applicant plans to use, the Secretary looks for
information that shows--
(1) The qualifications required of the project director, including
formal education and training in fields related to the objectives of
the project, and experience in designing, managing, or implementing
Student Support Services or similar projects;
(2) The qualifications required of other personnel to be used in
the project, including formal education, training, and work experience
in fields related to the objectives of the project; and
(3) The quality of the applicant's plan for employing personnel who
have succeeded in overcoming barriers similar to those confronting the
project's target population.
(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 and include both quantitative
and qualitative evaluation measures;
(2) Examine in specific and measurable ways, using appropriate
baseline data, the success of the project in improving academic
achievement, retention and graduation of project participants; and
(3) Compares project outcomes with institutional data on student
cohorts not served by the project.
(Authority: 20 U.S.C. 1070a-14)
Sec. 646.22 How does the Secretary evaluate prior experience?
(a) In the case of an application described in
Sec. 646.20(a)(2)(i), the Secretary reviews information relating to an
applicant's performance under its expiring Student Support Services
project. This information may come from performance reports, site visit
reports, project evaluation reports, and any other verifiable
information submitted by the applicant.
(b) The Secretary evaluates the applicant's prior experience in
achieving the goals of the Student Support Services Program on the
basis of the following criteria:
(1) (4 points) The extent to which project participants persisted
toward completion of the academic programs in which they were enrolled.
(2) (4 points) The extent to which project participants met
academic performance levels required to stay in good academic standing
at the grantee institution.
(3) (4 points) The extent to which project participants graduated
from the grantee institution.
(4) (3 points) The extent to which project participants either
transferred from two-year to four-year institutions (two-year colleges
only) or enrolled in graduate or professional schools (four-year
colleges only).
(Authority: 20 U.S.C. 1070a-11 and 1070a-14)
Sec. 646.23 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 1995 at the lesser of--
(1) $170,000; or
(2) The amount requested by the applicant.
(Authority: 20 U.S.C. 1070a-11)
Subpart D--What Conditions Must Be Met By a Grantee?
Sec. 646.30 What are allowable costs?
The cost principles that apply to the Student Support Services
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) Cost of remedial and special classes if--
(1) These classes are not otherwise available at the grantee
institution;
(2) Are limited to eligible project participants; and
(3) Project participants are not charged tuition for instruction
paid for the classes.
(b) Courses in English language instruction for students of limited
proficiency in English if these classes are limited to eligible project
participants and not otherwise available at the grantee institution.
(c) In-service training of project staff.
(d) Activities of an academic or cultural nature, such as field
trips, special lectures, and symposiums, that have as their purpose the
improvement of the participants' academic progress and personal
development at the institution.
(e) Transportation of participants and staff to and from approved
educational
[[Page 64113]]
and cultural activities sponsored by the project.
(f) Purchase of computer hardware, computer software, or other
equipment to be used for student development, student records and
project administration 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.
(g) Professional development travel for staff if directly related
to the project's overall purpose and activities, except that these
costs may not exceed four percent of total project salaries. The
Secretary may adjust this percentage if the applicant demonstrates to
the Secretary's satisfaction that a higher percentage is necessary and
reasonable.
(Authority: 20 U.S.C. 1070a-14)
Sec. 646.31 What are unallowable costs?
Costs that may not be charged against a grant under the Student
Support Services Program include, but are not limited to, the
following:
(a) Costs involved in recruiting students for enrollment at the
institution.
(b) Tuition, fees, stipends, and other forms of direct financial
support for staff or participants.
(c) Research not directly related to the evaluation or improvement
of the project.
(d) Construction, renovation, or remodeling of any facilities.
(Authority: 20 U.S.C. 1070a-14)
Sec. 646.32 What other requirements must a grantee meet?
(a) Eligibility of participants. (1) A grantee shall determine the
eligibility of each participant in the project when the individual is
selected to participate. The grantee does not have to revalidate a
participant's eligibility after the participant's initial selection.
(2) A grantee shall determine the low-income status of an
individual on the basis of the documentation described in section
402A(e) of the Higher Education Act.
(3) A grantee shall not serve any individual who is receiving
services from another Federal TRIO Program.
(b) Recordkeeping. A grantee shall maintain participant records
that show--
(1) The basis for the grantee's determination that each participant
is eligible to participate in the project under Sec. 646.3;
(2) The grantee's basis for determining the academic need for each
participant;
(3) The services that are provided to each participant; and
(4) The performance and progress of each participant for the
duration of the participant's attendance at the grantee institution.
(c) Project director. (1) A grantee shall employ a full-time
project director unless paragraph (c)(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 (c)(1) of
this section if the applicant demonstrates that the requirement will
hinder coordination--
(i) Among the Federal TRIO Programs; or
(ii) Between the programs funded under sections 404A through 410 of
the Higher Education Act and similar programs funded through other
sources.
(d) Project coordination. (1) The Secretary encourages grantees to
coordinate project services with other programs for disadvantaged
students operated by the grantee institution provided the Student
Support Services grant funds are not used to support activities
reasonably available to the general student population.
(2) To the extent practical, the grantee may share staff with
programs serving similar populations provided the grantee maintains
appropriate records of staff time and effort and does not comingle
grant funds.
(3) Costs for special classes and events that would benefit Student
Support Services students and participants in other programs for
disadvantaged students may be proportionately divided among the
projects that receive the benefits.
(Authority: 20 U.S.C. 1070a-11 and 1070a-14)
[FR Doc. 95-30343 Filed 12-12-95; 8:45 am]
BILLING CODE 4000-01-P