64108 Federal Register / Vol. 60, No. 239 / Wednesday, December 15, 1995 / Proposed Rules

DEPARTMENT OF EDUCATION

34 CFR Part 646

RIN 1840–AC24

Student Support Services Program

AGENCY: Department of Education.

ACTION: Notice of proposed rulemaking.

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, §§ 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 (§ 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 (§ 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 (§ 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

(§ 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.
Federal Register / Vol. 60, No. 239 / Wednesday, December 15, 1995 / Proposed Rules 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 ‘‘§ ’’ and a

numbered heading; for example,

§ 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.)
64110 Federal Register / Vol. 60, No. 239 / Wednesday, December 15, 1995 / Proposed Rules

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

§ 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

§ 646.4.

(Authority: 20 U.S.C. 1070a–11 and 1070a–

14)

§ 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)

§ 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)

§ 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 § 646.1.

(Authority: 20 U.S.C. 1070a-14)

§ 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 § 646.21.

(Authority: 20 U.S.C. 1070a–11)

§ 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)

§ 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
Federal Register / Vol. 60, No. 239 / Wednesday, December 15, 1995 / Proposed Rules 64111

the services stated under § 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 § 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?

§ 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)

§ 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?

§ 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 § 646.21.

(ii) The maximum score for all the

criteria in § 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 § 646.22.

(ii) The maximum score for all the

criteria in § 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 higherranked 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)

§ 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 § 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
64112 Federal Register / Vol. 60, No. 239 / Wednesday, December 15, 1995 / Proposed Rules

purposes of the Student Support

Services Program stated in § 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)

§ 646.22 How does the Secretary evaluate

prior experience?

(a) In the case of an application

described in § 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 (fouryear colleges only).

(Authority: 20 U.S.C. 1070a–11 and 1070a–

14)

§ 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?

§ 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
Federal Register / Vol. 60, No. 239 / Wednesday, December 15, 1995 / Proposed Rules 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)

§ 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)

§ 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 lowincome 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 § 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