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college, students pursuing associate de part only for the costs of acquisition grees, or students enrolled in terminal (including necessary installation) of occupational programs. Not included equipment, acquisition of materials, and under this definition are courses which minor remodeling which have not been are intended primarily for meeting pro and will not be incurred prior to or under gram requirements for students pursu contracts entered into prior to, the filing ing graduate degrees or first professional of the project application with the apdegrees in programs extending beyond propriate State commission, and the cost the fifth year of college or requiring 3 of engineering studies contracted for or more years of previous college work within two years prior to such date in for entry into the first professional de connection with projects for closed-cirgree program. Also excluded are non cuit television. Costs eligible for inclucredit courses and conferences.

sion in the project budget shall be further

limited to those which will be incurred $ 171.2 Institutional eligibility.

within 12 months after the grant is apTo qualify for a grant under this part proved, or under contracts entered into an institution shall meet requirements within such time, and, in connection with specified in subsection 801(a) of the Act. lease purchase contracts or lease agreeAn institution which is not accredited ments, to payments made within 12 by a nationally-recognized accrediting months after such contracts or agreeagency or association listed pursuant to ments are entered into. section 801 of the Act may qualify, al

$ 171.4 Submission and processing of ternatively, by obtaining a certification from the Commissioner (dated no earlier

applications. than two years prior to the date of ap (a) Closing dates for filing of applicaplication for a grant) that the institu tions. Closing dates by which application meets requirements set forth in sub tions may be filed with and accepted by section 801(a) (5) of the Act.

the State commission shall be estab

lished in the State plan. For each cate§ 171.3 Conditions for grant approval.

gory of applications (i.e., laboratory and (a) Required assurances. Before ap other special equipment and materials proving a grant under this part, the and directly associated minor remodelCommissioner shall verify fulfillment of ing; or television equipment and matethe requirements set forth in subsection rials for closed-circuit direct instruction 605(b) of the Act.

and directly associated minor remodel(b) Maintenance of effort. An assur ing) the State plan shall provide not ance that an institution or branch more than two closing dates for any Fedcampus will meet the maintenance of eral fiscal year. The closing dates for effort provision in section 604 (b) of the fiscal year 1966 shall be not later than Act shall be supported by a comparison May 31, and closing dates for subsequent of the budgeted amounts for pertinent fiscal years shall in all cases be between expenditures for equipment, materials October 1 and February 15. Each State and minor remodeling (as defined in plan may provide for apportionment of paragraph (r) of g 171.1) for the Federal the State allotments from funds approfiscal year in which the project applica priated for each category of applications, tion is submitted with the amount actu so that specified portions of either or ally expended for such purposes for the both allotments become available as of preceding Federal fiscal year.

specified closing dates, but such an ap(c) Items which may be included. portionment shall not be required, and Projects under this part may cover only in the absence of such a provision in the (1) laboratory and other special equip State plan, the total of each allotment ment and materials (and directly associ shall be available for grants as of the first ated minor remodeling) or (2) television applicable closing date in each Federal equipment and materials for closed fiscal year. circuit direct instruction (and directly (b) Submission of project applicaassociated minor remodeling), to be used tions. Applications for grants under for improvement of instruction at the this part shall be submitted on forms undergraduate level in one or more of supplied by the Commissioner, and shall the eligible subjects in institutions of contain such assurances as are required higher education.

pursuant to the Act and the regulations (d) Costs which may be included. In this part. Applications shall be subProjects may be submitted under this mitted directly to the appropriate State

commission in the number of copies specified by the State commission, together with such supplemental information as may be required by the State commission. Applications for projects of either category (1.e., laboratory and other special equipment projects or closed-circuit television projects) shall in all cases cover only a single institution or branch campus of an institution. Unless otherwise provided in the applicable State plan, not more than one laboratory and other special equipment application shall be submitted for any single institution or branch campus for a particular fiscal year. In no case may more than one closed-circuit television application be submitted for any single institution or branch campus for a particular fiscal year. The State commission shall accept all applications for grants under Part A of Title VI for institutions of higher education in the State, provided such applications are submitted on forms provided by the Commissioner, and shall officially record the date of receipt of each application by the State commission. Any application which is incomplete shall after its date of receipt is recorded, be returned promptly to the applicant with an explanation of defieiencies to be corrected before the application can be further processed by the State commission. Authorization from the Federal Communications Commission is required to construct and to operate each transmitter to be used in Instructional Television Fixed Service, as well as point-to-point microwave relay devices. In any case where a closedcircuit television project involves equipment requiring such authorization(s), the applicant shall be required to include documentary evidence either; (1) That the applicant holds such authorizations, or (2) that an application for such authorization has been accepted for filing by the Federal Communications Commission.

(c) Verification of application data and institutional and project eligibility. Before determining the relative priority or Federal share for any application for grant assistance under title VI of the Act, the State commission shall verify the validity of data contained in the application, and shall verify that the institution and the project appear to meet basic eligibility requirements set forth in the Act and the regulations governing the administration of the Act. case where in the opinion of the State

commission a question exists as to the eligibility of an institution or of a project, the State commission shall promptly forward a copy of the application to the Office of Education for a clarification of such eligibility. In any such case, the State commission shall continue to process and rank such application as if it were eligible, but shall delay final action on all applications under the same category considered as of the same closing date until receipt of notification by the Office of Education of the disposition of the eligibility question.

(d) Determination of relative priorities and Federal shares. All applications received by each specified closing date, and verified by State commission review to be accurate and complete, shall be considered together (projects for laboratory and other special equipment and materials will be considered separately from projects for television equipment and materials) and assigned relative priorities and recommended Federal shares in accordance with the provisions of the State plan.

(e) Procedures where funds are insufficient to provide full Federal shares for all eligible projects. In any case where the funds available in a State allotment for projects considered as of a particular closing date are insufficient to cover all eligible applications, the State commission shall nevertheless determine the full Federal share, calculated according to the State plan, for all projects in their order of relative priority, until the remaining available funds are insufficient to provide the full Federal share as calculated for the next project in order of priority.

(1) In such cases occurring for the first closing date in a Federal fiscal year, where a second closing date is provided under the State plan and the allotment is approtioned between the closing dates, all projects for which the full Federal share as calculated cannot be provided for by the available funds, together with the remainder of the funds apportioned to the first closing date, shall be carried over to the second closing date: Provided, however, That a State plan may specify, as an alternative procedure, that sufficient funds will be made available immediately from the funds apportioned to the second closing date, so that the full Federal share as Initially calculated will be available for the first project for

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which only a part of the Federal share recommendation for a grant and which would otherwise have been available. the applicant desires to have recon

(2) In such cases occurring for the sec sidered in a subsequent year. ond closing date in a Federal fiscal year, (1) Offer and acceptance of grant. or where all funds in the State allotment For a project application which meets are apportioned to the first closing date all eligibility requirements the Commisor where only a single closing date is pro sioner will approve the application and vided, the amount of the remaining reserve Federal funds from the approfunds shall be offered as a reduced Fed. priate State allotment and will prepare eral share for the first project in order and send to the applicant a grant award, of relative priority for which less than which sets forth the pertinent terms and the full Federal share as calculated is conditions, and which is contingent upon available. An applicant offered such a acceptance by the applicant within a reduced Federal share shall be entitled specified period of time. The accepted to reduce the scope of the project to a grant award will constitute a formal level not less than that required to grant agreement between the Commisqualify under the State plan for such a sioner and the applicant, for completion Federal share amount.

of the project and for Federal grant par(f) Recommendation by State com ticipation in the eligible costs of the missions. Promptly upon completing its project, according to the conditions conconsideration of applications as of each tained therein. closing date, and no later than June 10 (j) Amendment of project applicaof the Federal fiscal year 1966 and March tions. Any time prior to a closing date 31 of subsequent fiscal years, each State for which an application is to be concommission will forward to the Commis sidered, the applicant may make changes sioner: (1) A current project re in the application by written notificaport, on forms supplied by the Commis tion to the State commission. After any sioner, for the pertinent category of ap such closing date, no changes in appliplications, listing each application re cations shall be permitted, except corceived for the particular fiscal year, each rections or submission of additional data application returned to the applicant as requested by the State commission and and the reason for return of such appli reductions in project scope as provided cation, each application considered as of for in paragraph (e) of this section. the closing date, and the priority and Budgets for projects as approved, and the Federal share determined according to amount of Federal participation based the State plan for each project con thereon, shall be based upon tentative sidered; and (2) the application form equipment lists which will be required and exhibits in the number of copies re with each application. Applicants may, quested by the Commissioner, for each however, without amending their appliproject assigned a priority high enough cations, substitute other eligible Items to qualify for a Federal grant within which are similar in nature and are in the amount of funds available in the al line with the plan for improvement of lotment for the State.

undergraduate instruction set forth in (g) Notifcation to applicants. The the application as originally approved. State commission shall promptly notify Approval by the Commissioner shall be each applicant of the results of all final required for changes of more than ten determinations regarding its application percent in the amount budgeted under as of each closing date, and the records the project for the improvement of inof oficial State commission proceedings struction in any particular eligible subshall be a matter of public record within ject. Once an application has been recthe State.

ommended for a grant by a state com(h) Disposition of applications which mission, no increase in recommended are not recommended for grants. Ap Federal grant funds for the particular plications which are not recommended project will be considered, except where for a grant within the fiscal year in funds become available to supplement which they are filed, shall be retained by reduced Federal shares for projects for the State commission until notified that which the full Federal share calculated all recommended applications for such under the State plan was not available fiscal year have been approved by the at the time the project application was Commissioner. New applications shall recommended by the State commission. be required to be filed each fiscal year for (31 F.R. 4795, Mar. 22, 1966, as amended at any project which does not receive a 31 F.R. 7128, May 14, 1966)

& 171.5 Criteria for standards and meth ment and materials for closed-circuit

ods to determine relative priorities direct instruction shall in every case inof eligible projects.

clude the standards listed below, each (a) Each State plan shall set forth of which shall be assigned at least the separately the standards and methods indicated percentage of the total point for determining the relative priorities of scores possible for all standards applieligible projects for: (1) Acquisition of

cable to such projects. laboratory and other special equipment (1) The average of the basic educaand materials; and (2) television equip tional and general expenditures per sement and materials for closed-circuit di mester credit hour equivalent (with pri. rect instruction.

ority advantage given to lower averages) (b) The standards applicable to proj at the institution or branch campus for ects for acquisition of laboratory and which the project is submitted, for the other special equipment and materials three completed institutional fiscal shall in every case include the following, years (or for the completed years, if less each of which shall be assigned at least than three) immediately preceding the the indicated percentage of the total closing date for which the application point scores possible for all standards is filed with the State commission (at applicable to such projects:

least 25 percent of total weight). (1) The average of the basic educa (2) The ability of the applicant to tional and general expenditures per se effectively utilize educational television mester credit hour equivalent (with pri as evidenced by the number of planned ority advantage given to lower averages), additional undergraduate level courses at the institution or branch campus for to be programed for closed-circuit inwhich the project is submitted, for the struction at the institution or branch three completed institutional fiscal campus covered by the project as of the years (or for the completed years, if less opening of the second fall term after the than three) immediately preceding the fall term which opened preceding the closing date for which the application closing date for which the application is is filed with the State commission (at filed (with higher priority value awarded least 25 percent of total weight).

for a greater number of additional (2) Whether or not the equipment courses to be programed). As used and materials to be purchased under the here, "course" means a particular course project are to be placed and used in: (i) offering (such as "English I") rather Existing classrooms (as defined in para than an individual section of the same graph (g) of § 171.1) or audiovisual cen course (at least 15 percent of total ters; or (ii) classrooms (as defined in weight). paragraph (g) $ 171.1) or audiovisual (3) The ability of the applicant to centers to be made available by new con effectively utilize educational television struction and/or by major rehabilita

as evidenced by the projected number of tion or conversion of existing facilities.

additional student enrollments in underPoints for this standard shall be awarded graduate level courses to be programed according to the percentage of the total for closed-circuit instruction at the inequipment and materials budget which stitution or branch campus covered by is for equipment and materials to be

the project as of the opening of the secplaced and used in existing classrooms or

ond fall term after the fall term which audiovisual centers, with maximum

opened preceding the closing date for points awarded for projects for which

which the application is filed (at least 100 percent of the budget is for such

ten percent of total weight, with higher purposes (at least fifteen percent of total

priority value awarded to a greater num. weight).

ber of additional student enrollments). (3) The capacity/enrollment ratio (as

(d) The State plan may include addidefined in paragraph (f) of $ 171.1) at

tional standards for determining relathe institution or branch campus for which the project is submitted, as of the

tive priorities of either category of proj. fall term which opened preceding the

ects, which are not inccnsistent with the closing date for which the application

criteria set forth in paragraphs (b) and is filed (at least ten percent of total

(c) of this section and which will carry weight, with priority advantage given to out the purposes of the Act. lower ratios.)

(e) The methods for application of the (c) The standards applicable to proj standards shall provide for the assignects for acquisition of television equip ment of point values for each standard

: applied, and shall provide specific ob- applied in determining which application

jective methods for determining the shall receive the higher priority in the number of points which each application case of identical scores for applications considered shall be awarded for each where funds available in the applicable standard. Unless otherwise provided for State allotment are insufficient to proin the State plan, applications for insti- vide full Federal shares for both or all of tutions or branch campuses which have the tied applications. not been in operation for at least one (g) The standards and methods for academic year preceding the academic

determining relative priorities must be year in which the application is filed developed on the basis of information shall receive one-half of the points pro- which is to be submitted on the applicavided in the State plan for the standards

tion form prescribed by the Commisrequired by paragraphs (b) (1) and (3)

sioner, required by the State commission and (c) (1) of this section. Except as to be submitted in connection with the provided in paragraph (b) (2) of this

filing of an application, or contained in section, the assignment of points for each

reports or publications readily available standard may be by any one of the fol

to the State commission and the institulowing methods, or by similar objective

tions within the State. In no event shall methods, a different one of which may an institution's readiness to admit outbe used in connection with each stand

of-State students or the number of such ard:

out-of-State students be considered as a (1) Applications may be ranked ac

priority factor adverse to such institucording to relative performance for the

tion, and in no event may the nature of standard, and assigned a point score for

the control or sponsorship of the institurelative rank (e.g., 10 points for place- tion be considered as a priority factor ment in the highest 10 percent, 9 points either in favor of, or adverse to, an instifor placement in the second highest 10

tution. percent, 8 points for placement in the third highest 10 percent, etc.).

$ 171.6 Criteria for standards and (2) Applications may be compared to

methods to determine Federal shares a scoring table for the standard and as

of eligible projects. signed points accordingly (e.g., for (a) Each State plan shall set forth capacity/enrollment ratio, a scoring separately the standards and methods table might provide for 10 points for a for determining the Federal shares of ration of 100 or less, 9 points for a eligible projects for: (1) Acquisition of ratio of 101 to 150, 8 points for a ratio laboratory and other special equipment of 151 to 200, 7 points for a ratio of 201 and materials; and (2) television equipto 250, 6 points for a ratio of 251 to 300, ment and materials for closed-circuit di5 points for a ratio of 301 to 350, etc.). rect instruction. Except as provided in In connection with standards required by paragraph (b) of this section, the Fedparagraphs (b) (1) and (3) and (c) (1) eral share to be provided for by such of this section, State plans may provide standards and methods shall not exceed for separate scoring scales for applica- 50 percent of the project cost. tions for different sizes or different edu- (b) The State plan may provide for cational or functional types of institu- Federal shares of up to 80 percent of the tions or branch campuses, if such tables project cost for institutions proving inare supported by objective normative sufficient resources to otherwise particidata based on recent research and pate in the program under this part and analysis.

inability to acquire such resources. Any (3) Applications may be compared to a such provision in a state plan shall infixed requirement for the standard, and clude specification of objective criteria assigned points if they meet the require- which will have to be satisfied before ment or denied points if they do not. such a determination will be made by This type of scoring should be used the State commission. The Federal share where comparison against the standard may in no case be increased above 50 involves a "yes-no" decision.

percent except where such provisions are (f) The method for application of the included in the State plan as approved. standards shall provide also for de- (c) Standards and methods for determination of relative priorities on the termining the Federal share pursuant to basis of the total of the points earned paragraphs (a) and (b) of this section: by each application for each applicable (1) Must be objective and simple to standard and shall specify factors to be apply; (2) may involve the use only of

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