ty to review and comment on the application.

(c) In reviewing applications, the Commissioner will consider comments submitted by a State educational agency to the extent that they relate to requirements and review criteria in this subpart.

(d) The Commissioner may establish a cut-off date for submission of comments on applications by State educational agencies. If the Commissioner establishes such a date, failure by a State educational agency to submit comments to the Commissioner within the period specified shall be deemed a waiver of the State educational agency's opportunity to comment on that application.

(Implements Secs. 343(a)(3), 344(a), 20 U.S.C. 2533(a)(3), 2534(a))

§ 191.33 Application review criteria.

Applications submitted under this subpart will be reviewed to determine the extent to which they meet specific program criteria. Each criterion is assigned a maximum score and is weighted in terms of its relative value to the rest of the application criteria. The total number or points for all criteria is 100. The criteria and the maximum point score for each criterion are as follows:

(a) Need. Maximum score, 10. The application clearly describes the need, through documented evidence for training and/or improved supervisory services, and the procedures used in determining the need. The need should be based on the guidance needs of students in the location where trainees are employed.

(b) Objectives and activities. Maximum score, 30. The application:

(1) Clearly sets forth objectives which are: designed to meet the purposes of this subpart; sharply defined; clearly stated; capable of being attained; and capable of being measured;

(2) Sets forth activities, tasks, and strategies, which, when implemented, will achieve the stated objectives, including milestones and dates by which to monitor the completion of each of the proposed activities;

(3) Sets forth training or supervisory objectives and activities which respond

effectively to the needs of students documented in the needs assessment;

(4) Sets forth project activities which are designed to serve as a resource for improving guidance and counseling services within schools which receive supervisory services, or which are served by teacher and counselor trainees;

(5) Gives evidence, in those applications proposing to provide training, of commitments from outside organizations, groups, or individuals to cooperate in the implementation of proposed activities or in those applications proposing to improve supervisory services, of plans for working with other appropriate units;

(6) Clearly describes the criteria and processes for selecting participants in training activities and clearly describes criteria and processes for developing comprehensive and coordinated guidance programs in activities to improve supervisory services.

(c) Evaluation plan. Maximum score, 10. The quality of provisions set forth in the application for evaluating the effectiveness of the project and for determining the extent to which each of the objectives will be achieved.

(d) Personnel. Maximum scores, 10, The qualifications and experience of project staff and strength of commitment from individuals and groups whose assistance is needed to accomplish the proposed objectives.

(e) Budget. Maximum score, 10. The application gives evidence that the size, scope, and duration of the project are reasonable and that the estimated cost is reasonable in relation to the anticipated results of each of the proposed activities.

(f) Distribution of projects. Maximum score, 10. The extent to which approval of the project will contribute to:

(1) An equitable geographic distribution of programs funded under the this subpart throughout the United States in both urban and rural areas; and

(2) The funding of a wide variety of projects which collectively can demonstrate diverse approaches to meet effectively the purposes of this subpart.

(g) Models. Maximum score, 10. The extent to which approval of the pro

ject will contribute to the establishment of a model or models which can be replicated by other agencies or institutions with similar educational needs. In applying this criterion, the Commissioner shall consider (1) the extent to which similar needs to those addressed by the proposed project exists in other agencies or institutions and (2) the design of the proposed project.

(h) Alleviation of unemployment among youth. Maximum score, 5. The extent to which approval of the project has potential for contributing to the alleviation of unemployment among youth through interrelationships with business and industry, the professions, and other occupational pursuits.

(i) World of work. Maximum score, 5. The project involves inservice training to increase the understanding of teachers and counselors of the world of business, industry, professions, and other occupational pursuits through exposure to these areas, and to provide for increased use of persons employed in business, industry, the professions and other occupational pursuits in the guidance and counseling programs by bringing these persons into the schools to assist teachers and counselors, and bringing students into the work-place for observation and participation in order to acquaint them with the nature of the work. (Implements Sec. 344(a), 20 U.S.C. 2534(a))

§ 191.34 Project duration.

Project awards pursuant to this subpart will be for a grant period of up to one year. If a grantee seeks to receive assistance under this part for an additional period beyond the grant period, it must submit a new application for a new grant award. The new application will be evaluated in competition with applications from other former grantees as well as from applicants which have not previously received assistance under this part.

(Implements Sec. 344(a), 20 U.S.C. 2534(a))

§ 191.35 Allowable costs.

(a) Allowable costs in grants pursuant to this subpart are determined in accordance with principles set forth in

the applicable appendices to Subchapter A of this chapter (Office of Education General Provisions for Programs), subject to the following provisions.

(b) Costs of equipment (other than guidance and counseling materials) are limited and allowed only if essential and reasonable in relation to anticipated results.

but

(c) Allowable costs may include travel, meals, lodging, guidance and counseling materials and supplies, and other costs incident to trainees' participation in institutes, workshops, and seminars, designed to improve professional guidance qualifications, shall not include stipends or other forms of compensation. Payment of substitutes for teachers and counselors during the time of their participation in the inservice training is allowable only if specifically provided for in the approved application, or if otherwise approved in writing by the Commissioner.

(d) (1) The costs of bringing representatives of business and industry, the professions, and other occupational pursuits into schools as counselors or advisors to students, and of bringing students into work-places to acquaint them with the nature of the work are allowable program costs only if carried out through workshops, institutes, or seminars and if they serve training purposes for participant counselors and teachers.

(2) Allowable costs of these activities (operated in institute, workshop, or seminar settings) are limited to travel, per diem expenses, and other incidental costs, and do not include stipends or other types of compensation to participant students, trainees, or representatives of occupational pursuits. (Implements Sec. 344(a), 20 U.S.C. 2534(a), 1221c)

§ 191.36 Amount of award.

The amount of an award will be affected by the quality of the project pursuant to criteria in § 191.33. It is expected that the amount of an award for inservice training projects as specified in § 191.29 will be relatively small, with most awards within the range of $5,000 or less to $25,000, and normally will not exceed $50,000. Awards for

projects to improve supervisory services, as specified in § 191.30, normally will not exceed $100,000. Nothing in this section shall be construed as a limitation on the amount of a particular grant.

(Implements Sec. 344(a), 20 U.S.C. 2534(a))

§ 191.37 Capacity to carry out the project. Notwithstanding the specific evaluation criteria in § 191.23, the Commissioner will not fund an application under this subpart unless the Commissioner is satisfied that the applicant has the capacity successfully to carry out the project.

(a) In making this judgment, the Commissioner will consider such factors as:

(1) Both the programmatic and financial management capacities of the applicant organization and its staff;

(2) Past performance by the applicant

(i) In carrying out any prior grant under this part; or

(ii) In carrying out similar projectswith respect to such matters as achievement of objectives, adherence to the project conditions, programmatic and financial management, and the governing board's assumption of responsibility.

(3) Adequacy of facilities and other resources, including consideration of any litigation or dispute which calls into question the continued availability of the facilities and resources to the applicant; and/or

(4) Consideration of local community factors which may prevent the successful operation of the grant.

(b) If the Commissioner decides not to fund an application based upon this section, the Commissioner will do so only after providing reasonable notice and an opportunity to the applicant to rebut, in writing or in an informal meeting with the responsible officials of the U.S. Office of Education, the basis for the decision.

(Implements Sec. 344(a), 20 U.S.C. 2534(a))

88 191.38-191.39 [Reserved]

Subpart D-Coordinating Guidance and Counseling Programs

§ 191.40 Scope.

This subpart applies to the program of guidance and counseling for which grants are authorized by section 344(b) of Part D of Title III of Pub. L. 94-482.

(Sec. 344(b), 20 U.S.C. 2534(b))

§ 191.41 Purpose.

The purpose of the program authorized by this subpart is to assist States in coordinating new and existing programs of guidance and counseling in the States, working with the assistance of and in cooperation with the administrative unit within the Office of Education responsible for coordinating and providing information on guidance and counseling under section 343(a), Part D, Title III of Pub. L. 94482.

(Sec. 343(a)(3), 344(b), 20 U.S.C. 2533(a)(3), 2534(b))

§ 191.42 Eligible applicants.

Grants under this subpart may be made only to that State agency within each State which is vested with the direct and primary responsibility for State supervision of programs of guidance and counseling at the elementary and secondary school levels.

(Implements Sec. 344(b), 20 U.S.C. 2534(b)) § 191.43 Activities.

Coordination of guidance and counseling programs supported under this subpart may include, but is not limited to, the following activities.

(a) Identification of guidance and counseling programs supported jointly or separately by Federal programs, and by State and local programs.

(b) Initiating and conducting a Statewide guidance and counseling needs assessment to determine priorities for program development;

(c) Development of a plan and strategies for implementing these programs in terms of common goals and objectives as determined through the needs assessment;

(d) Planning and conducting appropriate action to accomplish goals and objectives such as preparation of position statements, providing for consultative or technical assistance, conducting conferences and workshops, sharing information through appropriate publications and other means, evaluating program outcomes in terms of established objectives, and other related activities necessary for the coordination and improvement of new and existing programs of guidance and counseling in the State;

(e) Participating in the activities of the Office of Education's administrative unit pursuant to section 343(a) of Pub. L. 94-482; and Commenting

on applications

(f) under subpart C of this part, as provided for in § 191.32.

(Interprets Sec. 344(b), 20 U.S.C. 2534(b))

§ 191.44 Required application data.

Each applicant for assistance under this subpart must submit an application which includes:

(a) A cover sheet(s) which includes a brief abstract of the proposed project; and

(b) An operational plan describing in detail how the applicant proposes to achieve the purposes of the program.

(1) The operational plan must include, but need not be limited to:

(i) A description of the needs to be met by the proposed plan, e.g., the need to reduce duplication of efforts in the State in guidance and counseling;

(ii) Objectives which are clearly related to the purposes of this subpart;

(iii) A description of the project activities and information on the proposed size, scope, and duration of the project;

(iv) Plans to include other institutions and agencies in the proposed activities;

(v) An evaluation design;

(vi) Identification of all proposed staff, their duties, and a description of the qualifications possessed by all proposed professional staff;

(vii) An estimated cost for each of the proposed activities;

(viii) Milestones and dates for the completion of each project activity; and

(ix) A description of any activities to be contracted.

(2) Applicants are encouraged to respond in the operational plan to each of the criteria in § 191.45 in the sequence described.

(Implements Sec. 344(b), 20 U.S.C. 2534(b))

$191.45 Review criteria.

(a) Applications submitted under this subpart will be reviewed to determine the extent to which they meet the criteria in this section. Each criterion is assigned a maximum score and is weighted in terms of its relative value to the rest of the criteria. The total number of points for all criteria is 100.

(b) The following criteria will be utilized by the reviewers in reviewing applications:

(1) Need. Maximum score, 10. The need for the proposed plan to reduce duplication of efforts in the State in guidance and counseling is clearly established.

(2) Objectives. Maximum score, 25. The proposed plan includes sharply defined and clearly stated objectives which are related to the purpose of this subpart and which are capable of being attained by the proposed activities and capable of being measured.

(3) Activities. Maximum score, 25. The project activities are designed to achieve each of the proposed objectives, and milestones and dates for completing each project activity are clearly set forth.

(4) Evaluation. Maximum score, 10. The quality of the evaluation design to determine the attainment of objectives

(5) Personnel. Maximum score, 10. The quality of staff with specified duties and qualifications necessary to achieve objectives.

(6) Budget. Maximum score, 10. The estimated cost for each of the proposed activities is reasonable in relation to anticipated results, and the size, scope, and duration of the project is adequate to secure productive results.

(7) Cooperative arrangements. Maximum score, 10. The strength and quality of arrangements made by the ap

plicant to work with other appropriate institutions and agencies.

(Implements Sec. 344(b), 20 U.S.C. 2534(b))

§ 191.46 Project duration.

Project awards pursuant to this subpart will be for a grant period of up to one year. If a grantee seeks to receive assistance under this part for an additional period beyond the grant period, a new application for a new grant award must be submitted.

(Implements Sec. 344(b), 20 U.S.C. 2534 (b))

§ 191.47 Project funding.

(a) While there is no formula for the distribution of funds under this subpart, the Commissioner intends to make a grant to all States that meet the requirements in § 191.44 and propose projects of sufficient quality under the criteria set forth in § 191.45.

(b) The size of an award will be affected by the Commissioner's intent to fund all the States in accordance with paragraph (a) of this section and by the scope and quality of the project as measured by criteria set forth in § 191.45.

(Implements Sec. 344(b), 20 U.S.C. 2534(b))

§ 191.48 Allowable costs.

Allowable costs pursuant to this subpart shall be determined in accordance with principles set forth in appendix B of Subchapter A of this chapter (Office of Education General Provisions Regulations).

(20 U.S.C. 1221c)

§ 191.49 Capacity to carry out the project. Notwithstanding the specific evaluation criteria in § 191.45, the Commissioner will not fund an application under this subpart unless the Commissioner is satisfied that the applicant has the capacity successfully to carry out the project.

(a) In making this judgment, the Commissioner will consider such factors as:

(1) Both the programmatic and financial management capacities of the applicant organization and its staff; (2) Past performance by the applicant

(i) In carrying out any prior grant under this part; or

(ii) In carrying out similar projects— with respect to such matters as achievement of objectives, adherence to the project conditions, programmatic and financial management, and the governing board's assumption of responsibility;

(3) Adequacy of facilities and other resources, including consideration of any litigation or dispute which calls into question the continued availability of the facilities and resources to the applicant; and/or

(4) Consideration of local community factors which may prevent the successful operation of the grant.

(b) If the Commissioner decides not to fund an application based upon this section, the Commissioner will do so only after providing reasonable notice and an opportunity to the applicant to rebut, in writing or in an informal meeting with the responsible officials of the U.S. Office of Education, the basis for the decision.

(Implements Sec. 344(b), 20 U.S.C. 2534(b))

Sec.

PART 192-STATE STUDENT INCENTIVE GRANT PROGRAM

192.1 Purpose. 192.2 Definitions.

192.3 Allotment and reallotment. State program requirements.

192.4

192.5 State applications. 192.6 Student eligibility.

192.7 State standards for determining substantial financial need.

192.8 Approval of State criteria for determining expected family contribution. 192.9 Maintenance of effort. 192.10 Use of funds.

192.11 Disapproval of State applications. 192.12 Audit-record retention.

AUTHORITY: Sections 415A-415E of Title IV of the Higher Education Act of 1965, as amended by section 123 of Pub. L. 94-482, 90 Stat. 2094, and by Pub. L. 95-40 (20 U.S.C. 1070c-1070c-4), unless otherwise noted.

SOURCE: 42 FR 46049, Sept. 14, 1977, unless otherwise noted.

EFFECTIVE DATE NOTE: Part 192 becomes effective November 30, 1977.

§ 192.1 Purpose.

The purpose of this program is to make incentive grants available to the