34 C.F.R. PART 644—EDUCATIONAL OPPORTUNITY CENTERS
Title 34 - Education
Authority: 20 U.S.C. 1070a–11 and 1070a–16, unless otherwise noted.
Source: 59 FR 2658, Jan. 18, 1994, unless otherwise noted.
The Educational Opportunity Centers program provides grants for projects designed to provide— (a) Information regarding financial and academic assistance available for individuals who desire to pursue a program of postsecondary education; and (b) Assistance to individuals in applying for admission to institutions that offer programs of postsecondary education, including assistance in preparing necessary applications for use by admissions and financial aid officers. (Authority: 20 U.S.C. 1070a–16) The following are eligible for a grant to carry out an Educational Opportunity Centers project: (a) An institution of higher education. (b) A public or private agency or organization. (c) A combination of the types of institutions, agencies, and organizations described in paragraphs (a) and (b) of this section. (d) A secondary school, under exceptional circumstances such as if no institution, agency, or organization described in paragraphs (a) and (b) of this section is capable of carrying out an Educational Opportunity Centers project in the target area to be served by the proposed project. (Authority: 20 U.S.C. 1070a–11) (a) An individual is eligible to participate in an Educational Opportunity Centers project if the individual meets all of the following requirements: (1)(i) Is a citizen or national of the United States; (ii) Is a permanent resident of the United States; (iii) Is in the United States for other than a temporary purpose and provides evidence from the Immigration and Naturalization Service of his or her intent to become a permanent resident; (iv) Is a permanent resident of Guam, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands (Palau); or (v) Is a resident of the Freely Associated States—the Federated States of Micronesia or the Republic of the Marshall Islands. (2)(i) Is at least 19 years of age; or (ii) Is less than 19 years of age, and the individual cannot be appropriately served by a Talent Search project under 34 CFR part 643, and the individual's participation would not dilute the Educational Opportunity Centers project's services to individuals described in paragraph (a)(2)(i) of this section. (3) Expresses a desire to enroll, or is enrolled, in a program of postsecondary education, and requests information or assistance in applying for admission to, or financial aid for, such a program. (b) A veteran as defined in §644.7(b), regardless of age, is eligible to participate in an Educational Opportunity Centers project if he or she satisfies the eligibility requirements in paragraph (a) of this section other than the age requirement in paragraph (a)(2) of this section. (Authority: 20 U.S.C. 1070a–11 and 1070a–16) An Educational Opportunity Centers project may provide the following services: (a) Public information campaigns designed to inform the community about opportunities for postsecondary education and training. (b) Academic advice and assistance in course selection. (c) Assistance in completing college admission and financial aid applications. (d) Assistance in preparing for college entrance examinations. (e) Guidance on secondary school reentry or entry to a General Educational Development (GED) program or other alternative education program for secondary school dropouts. (f) Personal counseling. (g) Tutorial services. (h) Career workshops and counseling. (i) Mentoring programs involving elementary or secondary school teachers, faculty members at institutions of higher education, students, or any combination of these persons. (j) Activities 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 Educational Opportunity Centers program stated in §644.1. (Authority: 20 U.S.C. 1070a–16) (a) Except as provided in paragraph (b) of this section, a project period under the Educational Opportunity Centers program is four years. (b) The Secretary approves a project period of five years for applications that score in the highest ten percent of all applications approved for new grants under the criteria in §644.21. (Authority: 20 U.S.C. 1070a–11) The following regulations apply to the Educational Opportunity Centers program: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations). (2) 34 CFR part 75 (Direct Grant Programs), except for §75.511. (3) 34 CFR part 77 (Definitions that Apply to Department Regulations), except for the definition of “secondary school” in §77.1. (4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (5) 34 CFR part 82 (New Restrictions on Lobbying). (6) 34 CFR part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)). (7) 34 CFR part 86 (Drug-Free Schools and Campuses). (b) The regulations in this part 644. (Authority: 20 U.S.C. 1070a–11 and 1070a–16) (a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR 77.1:
Applicant Application Budget Budget period EDGAR Equipment Facilities Fiscal year Grant Grantee Private Project Project period Public Secretary Supplies (b) Other definitions. The following definitions also apply to this part: HEA means the Higher Education Act of 1965, as amended. Institution of higher education means an educational institution as defined in sections 1201(a) and 481 of the HEA. Low-income individual means an individual whose family's taxable income did not exceed 150 percent of the poverty level amount in the calendar year preceding the year in which the individual initially participated in the project. The poverty level amount is determined by using criteria of poverty established by the Bureau of the Census of the U.S. Department of Commerce. Participant means an individual who— (i) Is determined to be eligible to participate in the project under §644.3; and (ii) Receives project services. Postsecondary education means education beyond the secondary school level. Potential first-generation college student means— (i) An individual neither of whose parents received a baccalaureate degree; or (ii) An individual who regularly resided with and received support from only one parent and whose supporting parent did not receive a baccalaureate degree. Secondary school means a school that provides secondary education as determined under State law, except that it does not include education beyond grade 12. Target area means a geographic area served by an Educational Opportunity Centers project. Veteran means a person who served on active duty as a member of the Armed Forces of the United States— (i) For a period of more than 180 days, any part of which occurred after January 31, 1955, and who was discharged or released from active duty under conditions other than dishonorable; or (ii) After January 31, 1955, and who was discharged or released from active duty because of a service-connected disability. (Authority: 20 U.S.C. 1070a–11, 1070a–16, and 1141) An applicant shall submit, as part of its application, assurances that— (a) At least two-thirds of the individuals it serves under its proposed Educational Opportunity Centers project will be low-income individuals who are potential first-generation college students; (b) Individuals who are receiving services from another Educational Opportunity Centers project or a Talent Search project under 34 CFR part 643 will not receive services under the proposed project; (c) The project will be located in a setting or settings accessible to the individuals proposed to be served by the project; and (d) If the applicant is an institution of higher education, it will not use the project as a part of its recruitment program. (Authority: 20 U.S.C. 1070a–16) (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 §644.21. (ii) The maximum score for all the criteria in §644.21 is 100 points. The maximum score for each criterion is indicated in parentheses with the criterion. (2)(i) For an application for a new grant to continue to serve substantially the same populations or campuses that the applicant is serving under an expiring project, the Secretary evaluates the applicant's prior experience in delivering services under the expiring project on the basis of the criteria in §644.22. (ii) The maximum score for all the criteria in §644.22 is 15 points. The maximum score for each criterion is indicated in parentheses with the criterion. (3) The Secretary awards additional points equal to 10 percent of the application's score under paragraphs (a) (1) and (2) of this section to an application for a project in Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands (Palau), or the Northern Mariana Islands if the applicant meets the requirements of subparts A, B, and D of this part. (b) The Secretary makes new grants in rank order on the basis of the applications' total scores under paragraphs (a) (1) through (3) of this section. (c) If the total scores of two or more applications are the same and there are insufficient funds for these applications after the approval of higher-ranked applications, the Secretary uses the remaining funds to serve geographic areas and eligible populations that have been underserved by the Educational Opportunity Centers program. (d) The Secretary may decline to make a grant to an applicant that carried out a project that involved the fraudulent use of funds under section 402A(c)(2)(B) of the HEA. (Authority: 20 U.S.C. 1070a–11, 1070a–16, and 1144a(a)) 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 an Educational Opportunity Centers project in the proposed target area on the basis of the extent to which the application contains clear evidence of— (1) A high number or percentage, or both, of low-income families residing in the target area; (2) A high number or percentage, or both, of individuals residing in the target area with education completion levels below the baccalaureate level; (3) A high need on the part of residents of the target area for further education and training from programs of postsecondary education in order to meet changing employment trends; and (4) Other indicators of need for an Educational Opportunity Centers project, including the presence of unaddressed educational or socioeconomic problems of adult residents in the target area. (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 purposes of the Educational Opportunity Centers program stated in §644.1; (2) Address the needs of the target area; (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) (4 points) The plan to inform the residents, schools, and community organizations in the target area of the goals, objectives, and services of the project and the eligibility requirements for participation in the project; (2) (4 points) The plan to identify and select eligible participants and ensure their participation without regard to race, color, national origin, gender, or disability; (3) (2 points) The plan to assess each participant's need for services provided by the project; (4) (12 points) The plan to provide services that meet participants' needs and achieve the objectives of the project; and (5) (8 points) The management plan to ensure the proper and efficient administration of the project including, but not limited to, the project's organizational structure, the time committed to the project by the project director and other personnel, and, where appropriate, its coordination with other projects for disadvantaged students. (d) Applicant and community support (16 points). The Secretary evaluates the applicant and community support for the proposed project on the basis of the extent to which the applicant has made provision for resources to supplement the grant and enhance the project's services, including— (1) (8 points) Facilities, equipment, supplies, personnel, and other resources committed by the applicant; and (2) (8 points) Resources secured through written commitments from schools, community organizations, and others. (e) Quality of personnel (9 points). (1) The Secretary evaluates the quality of the personnel the applicant plans to use in the project on the basis of the following: (i) The qualifications required of the project director. (ii) The qualifications required of each of the other personnel to be used in the project. (iii) The plan to employ personnel who have succeeded in overcoming the disadvantages or circumstances like those of the population of the target area. (2) In evaluating the qualifications of a person, the Secretary considers his or her experience and training in fields related to the objectives of the project. (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's objectives; (2) Provide for the applicant to determine, using specific and quantifiable measures, the success of the project in— (i) Making progress toward achieving its objectives (a formative evaluation); and (ii) Achieving its objectives at the end of the project period (a summative evaluation); and (3) Provide for the disclosure of unanticipated project outcomes, using quantifiable measures if appropriate. (Authority: 20 U.S.C. 1070a–16) (a) In the case of an application described in §644.20(a)(2)(i), the Secretary reviews information relating to an applicant's performance under its expiring Educational Opportunity Centers project. This information includes performance reports, audit reports, site visit reports, and project evaluation reports. (b) The Secretary evaluates the applicant's prior experience in delivering services on the basis of the following criteria: (1) (3 points) (i) Whether the applicant provided services to the required number of participants who resided in the target area; and (ii) Whether two-thirds of all participants served were low-income individuals and potential first-generation college students. (2) (6 points) The extent to which the applicant met or exceeded its objectives regarding the provision of assistance to individuals in applying for admission to, or financial aid for, programs of postsecondary education. (3) (6 points) The extent to which the applicant met or exceeded its objectives regarding the admission or reentry of participants to programs of postsecondary education. (Authority: 20 U.S.C. 1070a–16) (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 1994 at the lesser of— (1) $180,000; or (2) The amount requested by the applicant. (Authority: 20 U.S.C. 1070a–11) The cost principles that apply to the Educational Opportunity Centers 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) Transportation, meals, and, with specific prior approval of the Secretary, lodging for participants and staff for— (1) Visits to postsecondary educational institutions to obtain information relating to the admission of participants to those institutions; (2) Participation in “College Day” activities; and (3) Field trips to observe and meet with people who are employed in various career fields in the target area and who can serve as role models for participants. (b) Purchase of testing materials. (c) Fees required for college admissions of entrance examinations if— (1) A waiver is unavailable; and (2) The fee is paid by the grantee to a third party on behalf of a participant. (d) In-service training of project staff. (e) Rental of space if— (1) Space is not available at the site of the grantee; and (2) The rented space is not owned by the grantee. (f) Purchase of computer hardware, computer software, or other equipment for student development, project administration, and recordkeeping, 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. (Authority: 20 U.S.C. 1070a–11 and 1070a–16) Costs that are unallowable under the Educational Opportunity Centers program include, but are not limited to, the following: (a) Tuition, fees, stipends, and other forms of direct financial support for participants. (b) Research not directly related to the evaluation or improvement of the project. (c) Construction, renovation, and remodeling of any facilities. (Authority: 20 U.S.C. 1070a-11 and 1070a-16) (a) Eligibility of participants. (1) A grantee shall determine the eligibility of each participant in the project at the time that the individual is selected to participate. (2) A grantee shall determine the status of a low-income individual on the basis of the documentation described in section 402A(e) of the HEA. (b) Number of participants. In each budget period, a grantee shall serve a minimum of 1,000 participants who reside in the target area. However, the Secretary may reduce the minimum number of these participants if the amount of the grant for the budget period is less than $180,000. (c) Recordkeeping. For each participant, a grantee shall maintain a record of— (1) The basis for the grantee's determination that the participant is eligible to participate in the project under §644.3; (2) The services that are provided to the participant; and (3) The specific educational benefits received by the participant. (d) Project director. (1) A grantee shall employ a full-time project director unless paragraph (d)(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 (d) (1) of this section if the applicant demonstrates that the requirement will hinder coordination— (i) Among the Federal TRIO Programs (sections 402A through 402F of the HEA); or (ii) Between the programs funded under sections 402A through 410 of the HEA and similar programs funded through other sources. (Authority: 20 U.S.C. 1070a-11 and 1070a-16).
Title 34: Education
PART 644—EDUCATIONAL OPPORTUNITY CENTERS
Section Contents
§ 644.1 What is the Educational Opportunity Centers program?
§ 644.2 Who is eligible for a grant?
§ 644.3 Who is eligible to participate in a project?
§ 644.4 What services may a project provide?
§ 644.5 How long is a project period?
§ 644.6 What regulations apply?
§ 644.7 What definitions apply?
§ 644.10 What assurances must an applicant submit?
§ 644.20 How does the Secretary decide which new grants to make?
§ 644.21 What selection criteria does the Secretary use?
§ 644.22 How does the Secretary evaluate prior experience?
§ 644.23 How does the Secretary set the amount of a grant?
§ 644.30 What are allowable costs?
§ 644.31 What are unallowable costs?
§ 644.32 What other requirements must a grantee meet?
Subpart A—General
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§ 644.1 What is the Educational Opportunity Centers program?
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§ 644.2 Who is eligible for a grant?
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§ 644.3 Who is eligible to participate in a project?
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§ 644.4 What services may a project provide?
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§ 644.5 How long is a project period?
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§ 644.6 What regulations apply?
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§ 644.7 What definitions apply?
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Subpart B—Assurances
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§ 644.10 What assurances must an applicant submit?
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Subpart C—How Does the Secretary Make a Grant?
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§ 644.20 How does the Secretary decide which new grants to make?
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§ 644.21 What selection criteria does the Secretary use?
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§ 644.22 How does the Secretary evaluate prior experience?
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§ 644.23 How does the Secretary set the amount of a grant?
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Subpart D—What Conditions Must Be Met by a Grantee?
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§ 644.30 What are allowable costs?
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§ 644.31 What are unallowable costs?
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§ 644.32 What other requirements must a grantee meet?
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