34 C.F.R. Subpart C—Grants to Centers for Independent Living (Centers) in States in Which Federal Funding Exceeds State Funding
Title 34 - Education
The Secretary awards grants to centers in a State in a fiscal year if— (a) The amount of Federal funds allotted to the State under section 721(c) and (d) of the Act to support the general operation of centers is greater than the amount of State funds earmarked for the same purpose, as determined pursuant to §§366.29 and 366.31; or (b) The Director of a designated State unit (DSU) does not submit to the Secretary and obtain approval of an application to award grants under section 723 of the Act and §366.32(a) and (b). (Authority: 29 U.S.C. 796f–1 and 796f–2(a)(2)) To be eligible for assistance, an eligible agency shall submit— (a) An application at the time, in the manner, and containing the information that is required; (b) An assurance that the eligible agency meets the requirements of §366.2; and (c) The assurances required by section 725(c) of the Act and subpart F of this part. (Authority: 29 U.S.C. 796f–1(b)) (a) In accordance with a State's allotment and to the extent funds are available, the order of priorities for allocating funds among centers within a State is as follows: (1) Existing centers, as described in §366.23, that comply with the standards and assurances in section 725(b) and (c) of the Act and subparts F and G of this part first receive the level of funding each center received in the previous year. However, any funds received by an existing center to establish a new center at a different geographical location pursuant to proposed §366.2(b)(2) are not included in determining the level of funding to the existing center in any fiscal year that the new center applies for and receives funds as a separate center. (2) Existing centers that meet the requirements of paragraph (a)(1) of this section then receive a cost-of-living increase in accordance with procedures consistent with section 721(c)(3) of the Act. (3) New centers, as described in §366.2(b), that comply with the standards and assurances in section 725(b) and (c) of the Act and subparts F and G of this part. (b) If, after meeting the priorities in paragraphs (a)(1) and (2) of this section, there are insufficient funds under the State's allotment under section 721(c) and (d) of the Act to fund a new center under paragraph (a)(3) of this section, the Secretary may— (1) Use the excess funds in the State to assist existing centers consistent with the State plan; or (2) Reallot these funds in accordance with section 721(d) of the Act. (Authority: 29 U.S.C. 711(c) and 796f–1(e)) (a) In accordance with the order of priorities established in §366.22, an eligible agency may receive a grant if the eligible agency demonstrates in its application that it— (1) Meets the requirements in §366.21 or §366.24; (2) Is receiving funds under part C of title VII of the Act on September 30, 1993; and (3) Is in compliance with the program and fiscal standards and assurances in section 725(b) and (c) of the Act and subparts F and G of this part. (The indicators of minimum compliance in subpart G of this part are used to determine compliance with the evaluation standards in section 725(b) of the Act.) (b) For purposes of this section, an eligible agency is receiving funds under part C of title VII of the Act on September 30, 1993, if it was awarded a grant on or before that date, i.e., during FY 1993. (Authority: 29 U.S.C. 796f–1(c)) (a) To apply for a grant as a new center, an eligible agency shall— (1) Meet the requirements of §366.2(b); (2) Submit an application that meets the requirements of §366.21; and (3) Meet the requirements of this section. (b) Subject to the order of priorities established in §366.22, a grant for a new center may be awarded to the most qualified eligible agency that applies for funds under this section, if— (1)(i) No center serves a geographic area of a State; or (ii) A geographic area of a State is underserved by centers serving other areas of the State; (2) The eligible agency proposes to serve the geographic area that is unserved or underserved in the State; and (3) The increase in the allotment of the State under section 721 of the Act for a fiscal year, as compared with the immediately preceding fiscal year, is sufficient to support an additional center in the State. (c) The establishment of a new center under this subpart must be consistent with the design included in the State plan pursuant to 34 CFR 364.25 for establishing a statewide network of centers. (d) An applicant may satisfy the requirements of paragraph (c) of this section by submitting appropriate documentation demonstrating that the establishment of a new center is consistent with the design in the State plan required by 34 CFR 364.25. (Authority: 29 U.S.C. 796f–1(d)) In selecting from among applicants for a grant under §366.24 for a new center, the Secretary considers comments regarding the application, if any, by the SILC in the State in which the applicant is located. (Authority: 29 U.S.C. 796f–1(d)(1)) (a) The Secretary evaluates each application for a grant under this subpart on the basis of the criteria in §366.27. (b) The Secretary awards up to 100 points for these criteria. (c) The maximum possible score for each criterion is indicated in parentheses. (Authority: 29 U.S.C. 796f(b)(3)) In evaluating each application for a new center under this part, the Secretary uses the following selection criteria: (a) Extent of the need for the project (20 points). (1) The Secretary reviews each application for persuasive evidence that shows the extent to which the project meets the specific needs for the program, including considerations of— (i) The needs addressed by the project; (ii) How the applicant identified those needs (e.g., whether from the 1990 census data or other current sources); (iii) How those needs will be met by the project; and (iv) The benefits to be gained by meeting those needs. (2) The Secretary looks for information that shows that the need for the center has been established based on an assessment of the ability of existing programs and facilities to meet the need for IL services of individuals with significant disabilities in the geographic area to be served. (3) The Secretary looks for information that shows— (i) That the applicant proposes to establish a new center to serve a priority service area that is identified in the current State plan; and (ii) The priority that the State has placed on establishing a new center in this proposed service area. (b) Past performance (5 points). The Secretary reviews each application for information that shows the past performance of the applicant in successfully providing services comparable to the IL core services and other IL services listed in section 7 (29) and (30) of the Act and 34 CFR 365.21 and 365.22 and other services that empower individuals with significant disabilities. (c) Meeting the standards and the assurances (25 points). The Secretary reviews each application for information that shows— (1) Evidence of demonstrated success in satisfying, or a clearly defined plan to satisfy, the standards in section 725(b) of the Act and subpart G of this part; and (2) Convincing evidence of demonstrated success in satisfying, or a clearly defined plan to satisfy, the assurances in section 725(c) of the Act and subpart F of this part. (d) Quality of key personnel (10 points). (1) The Secretary reviews each application for information that shows the qualifications of the key personnel the applicant plans to use on the project, including— (i) The qualifications of the project director, if one is to be used; (ii) The qualifications of each of the other management and decision-making personnel to be used in the project; (iii) The time that each person referred to in paragraphs (d)(1) (i) and (ii) of this section will commit to the project; (iv) How the applicant, as part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability; and (v) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that have been traditionally under-represented, including— (A) Members of racial or ethnic minority groups; (B) Women; (C) Persons with disabilities; and (D) Elderly individuals. (2) To determine personnel qualifications under paragraphs (d)(1) (i) and (ii) of this section, the Secretary considers— (i) Experience and training in fields related to the objectives of the project; and (ii) Any other qualifications that pertain to the objectives of the project. (e) Budget and cost effectiveness (10 points). The Secretary reviews each application for information that shows the extent to which— (1) The budget is adequate to support the project; and (2) Costs are reasonable in relation to the objectives of the project. (f) Evaluation plan (5 points). The Secretary reviews each application for information that shows the quality of the evaluation plan for the project, including the extent to which the applicant's methods of evaluation— (1) Are appropriate for the project; (2) Will determine how successful the project is in meeting its goals and objectives; and (3) Are objective and produce data that are quantifiable. (4) (Cross-reference: See 34 CFR 75.590.) (g) Plan of operation (20 points). The Secretary reviews each application for information that shows the quality of the plan of operation for the project, including— (1) The quality of the design of the project; (2) The extent to which the plan of management ensures proper and efficient administration of the project; (3) How well the objectives of the project relate to the purpose of the program; (4) The quality and adequacy of the applicant's plan to use its resources (including funding, facilities, equipment, and supplies) and personnel to achieve each objective; (5) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or disability; and (6) A clear description of how the applicant will provide equal access to services for eligible project participants who are members of groups that have been traditionally under-represented, including— (i) Members of racial or ethnic minority groups; (ii) Women; (iii) Elderly individuals; and (iv) Children and youth. (h) Involvement of individuals with significant disabilities (5 points). (1) The Secretary reviews each application for information that shows that individuals with significant disabilities are appropriately involved in the development of the application. (2) The Secretary looks for information that shows that individuals with significant disabilities or their parents, guardians, or other legally authorized advocates or representatives, as appropriate, will be substantially involved in planning, policy direction, and management of the center, and, to the greatest extent possible, that individuals with significant disabilities will be employed by the center. (Authority: 29 U.S.C. 796f–1(d)(2)(B)) (a) The Secretary may use funds from the allotment of one State to award a grant to a center located in a bordering State if the Secretary determines that the proposal of the out-of-State center to serve individuals with significant disabilities who reside in the bordering State is consistent with the State plan of the State in which these individuals reside. (b) An applicant shall submit documentation demonstrating that the arrangements described in paragraph (a) of this section are consistent with the State plan of the State in which the individuals reside. (Authority: 29 U.S.C. 711(c) and 796f (c) and (d))
Title 34: Education
PART 366—CENTERS FOR INDEPENDENT LIVING
Subpart C—Grants to Centers for Independent Living (Centers) in States in Which Federal Funding Exceeds State Funding
§ 366.20 When does the Secretary award grants to centers?
§ 366.21 What are the application requirements for existing eligible agencies?
§ 366.22 What is the order of priorities?
§ 366.23 What grants must be made to existing eligible agencies?
§ 366.24 How is an award made to a new center?
§ 366.25 What additional factor does the Secretary use in making a grant for a new center under §366.24?
§ 366.26 How does the Secretary evaluate an application?
§ 366.27 What selection criteria does the Secretary use?
§ 366.28 Under what circumstances may the Secretary award a grant to a center in one State to serve individuals in another State?
