34 C.F.R. PART 427—BILINGUAL VOCATIONAL TRAINING PROGRAM
Title 34 - Education
Authority: 20 U.S.C. 2441(a), unless otherwise noted.
Source: 57 FR 36810, Aug. 14, 1992, unless otherwise noted.
The Bilingual Vocational Training Program provides financial assistance for bilingual vocational education and training for limited English proficient out-of-school youth and adults, to prepare these individuals for jobs in recognized occupations and new and emerging occupations. (Authority: 20 U.S.C. 2441(a)) (a) The following entities are eligible for an award under this program: (1) State agencies. (2) Local educational agencies (LEAs). (3) Postsecondary educational institutions. (4) Private nonprofit vocational training institutions. (5) Other nonprofit organizations specially created to serve or currently serving individuals who normally use a language other than English. (b) Private for-profit agencies and organizations are eligible only for contracts under this program. (Authority: 20 U.S.C. 2441(a)) (a) The Secretary provides grants, cooperative agreements, or contracts for— (1) Bilingual vocational training projects for limited English proficient out-of-school youth and adults who are available for training and employment; (2) Bilingual vocational education and training projects for limited English proficient out-of-school youth and adults who have already entered the labor market but who desire or need English language skills and job skills training or retraining to achieve employment in a recognized occupation or new and emerging occupations, adjust to changing work force needs, expand their range of skills, or advance in employment; and (3) Training stipends for participants in bilingual vocational training projects. (b) Bilingual vocational training projects must include instruction in the English language to ensure that participants in that training will be equipped to pursue occupations in an English language environment. (c) In the Commonwealth of Puerto Rico, the Bilingual Vocational Training Program may provide for the needs of students of limited Spanish proficiency. (Authority: 20 U.S.C. 2441(a), (e)(2)) The following regulations apply to the Bilingual Vocational Training Program: (a) The regulations in 34 CFR part 400. (b) The regulations in this part 427. (Authority: 20 U.S.C. 2441(a)) The definitions in 34 CFR 400.4 apply to this program. (Authority: 20 U.S.C. 2441(a)) (a) An application must— (1) Provide an assurance that the activities and services for which assistance is sought will be administered by or under the supervision of the applicant; (2) Propose a project of a size, scope, and design that will make a substantial contribution toward carrying out the purpose of the Bilingual Vocational Training Program; (3) Contain measurable goals for the enrollment, completion, and placement of program participants; (4) Include a comparison of how the applicant's goals take into consideration any related standards and measures in the geographic area for the Job Opportunities and Basic Skills Training (JOBS) program (42 U.S.C. 681 et seq.) and any Job Training Partnership Act (JTPA) programs (29 U.S.C. 1501 et seq.) and any standards set by the State Board for Vocational Education for the occupational and geographic area; (5) Describe, for each occupation for which training is to be provided, how successful program completion will be determined and reported to the Secretary in terms of the academic and vocational competencies to be demonstrated by enrollees prior to successful completion and any academic or work credentials expected to be acquired upon completion; and (6) Be submitted to the State board for vocational education (State board) established under section 111 of the Act for review and comment, including comment on the relationship of the proposed project to the State's vocational education program. (b) An applicant shall include any comments received under paragraph (a)(6) of this section with the application. (Authority: 20 U.S.C. 2441(a), (d)(1) and (2)) (a) The Secretary evaluates an application for a grant or cooperative agreement on the basis of the criteria in §427.21. (b) The Secretary may award up to 100 points, including a reserved 15 points to be distributed in accordance with paragraph (d) of this section, based on the criteria in §427.21. (c) Subject to paragraph (d) of this section, the maximum possible points for each criterion is indicated in parentheses after the heading for each criterion. (d) For each competition as announced through a notice published in the (Authority: 20 U.S.C. 2441(a)) The Secretary uses the following selection criteria to evaluate an application: (a) Need. (15 points) The Secretary reviews each application for specific information that shows the need for the proposed bilingual vocational training project in the local geographic area, including— (1) The employment training need of limited English proficient individuals to be met; (2) The labor market need to be met; and (3) The relationship of the proposed project to other employment training programs in the community. (b) Plan of operation. (15 points) (1) The Secretary reviews each application to determine the extent to which the project proposes measurable goals for student enrollment, completion, and placement and describes how the applicant sets the goals taking into consideration the standards and measures for JOBS programs and JTPA programs and any standards set by the State Board established under section 111 of the Act for the occupation and geographic area. (2) The Secretary reviews each application to determine the extent to which the project defines successful program completion (or describes how successful program completion will be defined and reported to the Secretary) in a way consistent with the goals of the program for each occupation for which training is to be provided. (3)(i) The Secretary reviews each application for specific information that, upon completion of their training, more than 65 percent of the trainees will be employed in jobs (including military specialties) related to their training, or will be enrolled for further training related to their training under this program. This information must correspond to the information described in paragraph (a) of this section. (ii) The estimated job placement rate must be supported by past records, actual employer job commitments, anticipated job openings, or other pertinent information. (4) The Secretary reviews each application for an effective plan of management that ensures proper and efficient administration of the project, including— (i) Clearly defined project objectives that relate to the purpose of the Bilingual Vocational Training Program; (ii) For each objective, the specific tasks to be performed in order to achieve the specified project objective; (iii) How the applicant plans to use its resources and personnel to achieve each objective; and (iv) If the applicant plans to use a project advisory committee, a clear plan for using a project advisory committee to assist in project development, to review curriculum materials, and to make recommendations about job placements. (c) Program factors. (20 points) (1) The Secretary reviews each application to determine the quality of training to be provided, including— (i) Provision of vocational skills instruction in English and the trainees' native languages; (ii) Provision of job-related English-as-a-second language instruction; (iii) Coordination of the job-related English-as-a-second language instruction with the vocational skills instruction; (iv) Recruitment procedures that are targeted towards limited English proficient out-of-school youth and adults who have the greatest need for bilingual vocational training; (v) Assessment procedures that evaluate the language and vocational training needs of the trainees; (vi) Provision of counseling activities and employability skills instruction that prepare trainees for employment in an English language environment; and (vii) Job development and job placement procedures that provide opportunities for career advancement or entrepreneurship. (2) The Secretary reviews each application to determine the project's potential to have a lasting impact in the local geographic area, including the potential impact of the project on— (i) Program participants; (ii) The agency or agencies responsible for administering the bilingual vocational training program; (iii) Other employment training services in the local area; and (iv) The community. (d) Key personnel. (10 points) (1) The Secretary reviews each application to determine the quality of key personnel the applicant plans to use on the project, including— (i) The qualifications of the director and other key personnel to be used in the project; (ii) The appropriateness of the time that each person referred to in paragraph (d)(1)(i) of this section will commit to the project; and (iii) How the applicant, as part of its nondiscriminatory employment practices, will ensure that personnel will be selected without regard to race, color, national origin, gender, age, or disability. (2) To determine personnel qualifications under paragraph (d)(1)(i) of this section, the Secretary considers— (i) Experience and training in fields related to the objectives of the project; (ii) Experience and training in project management; and (iii) Any other qualifications that pertain to the quality of the project. (e) Budget and cost effectiveness. (5 points) The Secretary reviews each application to determine the extent to which— (1) The budget is sufficient to support the proposed project, and that it represents a cost effective use of Bilingual Vocational Training Program funds; (2) Costs are necessary and reasonable in relation to the objectives of the proposed project; and (3) The facilities, equipment, and supplies that the applicant plans to use are adequate for the proposed project. (f) Evaluation plan. (10 points) The Secretary reviews each application to determine the quality of the project's evaluation plan, including the extent to which the plan— (1) Is clearly explained and appropriate for the project; (2) Identifies at a minimum, types of data to be collected and reported with respect to the English-language competencies and academic and vocational competencies demonstrated by participants and the number and kinds of academic and work credentials acquired by individuals who complete the training; (3) Identifies at a minimum, types of data to be collected and reported with respect to enrollment, completion, and placement of participants by sex, racial or ethnic group, socio-economic status, and if appropriate, by level of English proficiency, for each occupation for which training is provided; (4) Includes activities during the formative stages of the project to help guide and improve the project, as well as a summative evaluation that includes recommendations for replicating project activities and results; and (5) Makes use of an external evaluator. (g) Demonstration and dissemination. (10 points) The Secretary reviews each application for information to determine the effectiveness and efficiency of the plan for demonstrating and disseminating information about project activities and results throughout the project period, including— (1) High quality in the design of the demonstration and dissemination plan and procedures for evaluating the effectiveness of the dissemination plan; (2) Provisions for publicizing the project at the local, State, and national levels by conducting or delivering presentations at conferences, workshops, and other professional meetings and by preparing materials for journal articles, newsletters, and brochures; (3) Provisions for making available the methods and techniques used by the project to others interested in replicating these methods and techniques, such as by inviting them to observe project activities; (4) A description of the types of materials the applicant plans to make available to help others replicate project activities and the methods for making the materials available; and (5) Provisions for assisting others to adopt and successfully implement the project or methods and techniques used by the project. (Authority: 20 U.S.C. 2441(a)) (a) After evaluating the applications according to the criteria in §427.21 and consulting with the appropriate State board established under section 111 of the Act, the Secretary determines whether the most highly rated applications are equitably distributed among populations of individuals with limited English proficiency within the affected State. (b) The Secretary may select other applications for funding if doing so would improve the— (1) Equitable distribution of assistance among populations of individuals with limited English proficiency within a State; or (2) Geographical distribution of projects funded under this program. (Authority: 20 U.S.C. 2441(d)(5)) (a) Each grantee shall annually provide and budget for an independent evaluation of its activities. (b) The evaluation must be both formative and summative in nature. (c) The annual evaluation must include descriptions and analyses of the accuracy of records and validity of measures by the project to establish and report on the English-language competencies and academic and vocational competencies demonstrated and the academic and work credentials acquired. (d) The annual evaluation must contain descriptions and analyses of the accuracy of records and validity of measures used by the project to establish and report on participant enrollment, completion, and placement by sex, racial or ethnic group, socio-economic status, and, if appropriate, by level of English proficiency for each occupation for which training has been provided. (e) The annual evaluation must also include— (1) The grantee's progress in achieving the objectives in its approved application, including any approved revisions of the application; (2) If applicable, actions taken by the grantee to address significant barriers impeding progress; and (3) The effectiveness of the project in promoting key elements for participants' job readiness, including— (i) Coordination of services; and (ii) Improved English-language, academic, and vocational skills competencies. (Authority: 20 U.S.C. 2441(a))
Title 34: Education
PART 427—BILINGUAL VOCATIONAL TRAINING PROGRAM
Section Contents
§ 427.1 What is the Bilingual Vocational Training Program?
§ 427.2 Who is eligible for an award?
§ 427.3 What activities may the Secretary fund?
§ 427.4 What regulations apply?
§ 427.5 What definitions apply?
§ 427.10 What must an application contain?
§ 427.20 How does the Secretary evaluate an application?
§ 427.21 What selection criteria does the Secretary use?
§ 427.22 What additional factors does the Secretary consider?
§ 427.30 What are the evaluation requirements?
Subpart A—General
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§ 427.1 What is the Bilingual Vocational Training Program?
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§ 427.2 Who is eligible for an award?
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§ 427.3 What activities may the Secretary fund?
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§ 427.4 What regulations apply?
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§ 427.5 What definitions apply?
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Subpart B—How Does One Apply for an Award?
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§ 427.10 What must an application contain?
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Subpart C—How Does the Secretary Make an Award?
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§ 427.20 How does the Secretary evaluate an application?
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§ 427.21 What selection criteria does the Secretary use?
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§ 427.22 What additional factors does the Secretary consider?
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Subpart D—What Conditions Must Be Met After an Award?
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§ 427.30 What are the evaluation requirements?
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