34 C.F.R. PART 694—GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS (GEAR UP)
Title 34 - Education
Authority: 20 U.S.C. 1070a–21 to 1070a–28.
Source: 65 FR 24760, Apr. 27, 2000, unless otherwise noted.
(a) Partnership grants. The maximum amount that the Secretary may award each fiscal year for a GEAR UP Partnership grant is calculated by multiplying— (1) $800; by (2) The number of students the Partnership proposes to serve that year, as stated in the Partnership's plan. (b) State grants. The Secretary establishes the maximum amount that may be awarded each fiscal year for a GEAR UP State grant in a notice published in the (Authority: 20 U.S.C. 1070a–23) A Partnership, or a State that chooses to use a cohort approach in its GEAR UP early intervention component, must, except as provided in §694.4— (a) Provide services to at least one entire grade level (cohort) of students (subject to §694.3(b)) beginning not later than the 7th grade; (b) Ensure that supplemental appropriate services are targeted to the students with the greatest needs; and (c) Ensure that services are provided through the 12th grade to those students. (Authority: 20 U.S.C. 1070a–22) (a) In general. Each cohort to be served by a Partnership or State must be from a participating school— (1) That has a 7th grade; and (2) In which at least 50 percent of the students are eligible for free or reduced-price lunch under the National School Lunch Act; or (b) Public housing exception. If the Partnership or State determines it would promote program effectiveness, a cohort may consist of all of the students in a particular grade level at one or more participating schools who reside in public housing, as defined in section 3(b)(1) of the United States Housing Act of 1937. (Authority: 20 U.S.C. 1070a–22) (a) At the school where the cohort began. A Partnership or State must serve, as part of the cohort, any additional students who— (1) Are at the grade level of the students in the cohort; and (2) Begin attending the participating school at which the cohort began to receive GEAR UP services. (b) At a subsequent participating school. If not all of the students in the cohort attend the same school after the cohort completes the last grade level offered by the school at which the cohort began to receive GEAR UP services, a Partnership or a State— (1) May continue to provide GEAR UP services to all students in the cohort; and (2) Must continue to provide GEAR UP services to at least those students in the cohort that attend participating schools that enroll a substantial majority of the students in the cohort. (Authority: 20 U.S.C. 1070–a22) (a) Secular, neutral, and nonideological services or benefits. Educational services or other benefits, including materials and equipment, provided under GEAR UP by a Partnership or State that chooses to provide those services or benefits to students attending private schools, must be secular, neutral, and nonideological. (b) Control of funds. In the case of a Partnership or State that chooses to provide services under GEAR UP to students attending private schools, the fiscal agent (in the case of a Partnership) or a State agency (in the case of a State) must— (1) Control the funds used to provide services under GEAR UP to those students; (2) Hold title to materials, equipment, and property purchased with GEAR UP funds for GEAR UP program uses and purposes related to those students; and (3) Administer those GEAR UP funds and property. (Authority: 20 U.S.C. 1070a–21 to 1070a–28) (a) GEAR UP services to students attending private schools must be provided— (1) By employees of a public agency; or (2) Through contract by the public agency with an individual, association, agency, or organization. (b) In providing GEAR UP services to students attending private schools, the employee, individual, association, agency, or organization must be independent of the private school that the students attend, and of any religious organization affiliated with the school, and that employment or contract must be under the control and supervision of the public agency. (c) Federal funds used to provide GEAR UP services to students attending private schools may not be commingled with non-Federal funds. (Authority: 1070a–21 to 1070a–28) (a) In general. A Partnership must— (1) State in its application the percentage of the cost of the GEAR UP project the Partnership will provide for each year from non-Federal funds, subject to the requirements in paragraph (b) of this section; and (2) Comply with the matching percentage stated in its application for each year of the project period. (b) Matching requirements. (1) Except as provided in paragraph (b)(2) of this section, the non-Federal share of the cost of the GEAR UP project must be not less than 50 percent of the total cost over the project period. (2) A Partnership that has three or fewer institutions of higher education as members may provide less than 50 percent, but not less than 30 percent, of the total cost over the project period if it includes— (i) A fiscal agent that is eligible to receive funds under Title V, or Part B of Title III, or section 316 or 317 of the HEA, or a local educational agency; (ii) Only participating schools with a 7th grade in which at least 75 percent of the students are eligible for free or reduced-price lunch under the National School Lunch Act; and (iii) Only local educational agencies in which at least 50 percent of the students enrolled are eligible for free or reduced-price lunch under the National School Lunch Act. (3) The non-Federal share of the cost of a GEAR UP project may be provided in cash or in-kind. (Authority: 20 U.S.C. 1070a–23) Although any member of a Partnership may organize the project, a Partnership must designate as the fiscal agent for its project under GEAR UP— (a) A local educational agency; or (b) An institution of higher education that is not pervasively sectarian. (Authority: 20 U.S.C. 1070a–22) Notwithstanding 34 CFR 75.560–75.562 and 34 CFR 80.22, the maximum indirect cost rate that an agency of a State or local government receiving funds under GEAR UP may use to charge indirect costs to these funds is the lesser of— (a) The rate established by the negotiated indirect cost agreement; or (b) Eight percent of a modified total direct cost base. (Authority: 20 U.S.C. 1070a–21 to 1070a–28) (a) Amount of scholarship. (1) Except as provided in paragraph (a)(2) of this section, the amount of a scholarship awarded under section 404E of the HEA must be at least the lesser of— (i) 75 percent of the average cost of attendance, as determined under section 472 of the HEA, for in-State students in 4-year programs of instruction at public institutions of higher education in the State; or (ii) The maximum Federal Pell Grant award funded for the award year in which the scholarship will be awarded. (2) If a student who is awarded a GEAR UP scholarship attends an institution on a less than full-time basis during any award year, the State or Partnership awarding the GEAR UP scholarship may reduce the scholarship amount, but in no case shall the percentage reduction in the scholarship be greater than the percentage reduction in tuition and fees charged to that student. (b) Pell Grant recipient priority. A State, or a Partnership that chooses to participate in the scholarship component under section 404E of the HEA in its GEAR UP project— (1) Must award GEAR UP scholarships first to students who will receive, or are eligible to receive, a Federal Pell Grant during the award year in which the GEAR UP scholarship is being awarded and who are eligible for a GEAR UP scholarship under the eligibility requirements in section 404E(d) of the HEA; and (2) May, if GEAR UP scholarship funds remain after awarding scholarships to students under paragraph (b)(1) of this section, award GEAR UP scholarships to other eligible students (who will not receive a Federal Pell Grant) after considering the need of those students for GEAR UP scholarships. (c) Cost of attendance. A GEAR UP scholarship, in combination with other student financial assistance awarded under any title IV HEA program and any other grant or scholarship assistance, may not exceed the student's cost of attendance. (d) Continuation scholarships. A State, or a Partnership that chooses to participate in the scholarship component in accordance with section 404E of the HEA in its GEAR UP project, must award continuation scholarships in successive award years to each student who received an initial scholarship and who continues to be eligible for a scholarship. (e) Other grant assistance. A GEAR UP scholarship may not be considered in the determination of a student's eligibility for other grant assistance provided under title IV of the HEA. (Authority: 20 U.S.C. 1070a–25) [65 FR 24760, Apr. 27, 2000, as amended at 67 FR 67083, Nov. 1, 2002] A GEAR UP Partnership that does not participate in the GEAR UP scholarship component may provide financial assistance for postsecondary education, either with funds under this chapter, (Under Chapter 2 of subpart 2 of Part A of Title IV of the HEA,) or with non-Federal funds used to comply with the matching requirement, to students who participate in the early intervention component of GEAR UP if— (a) The financial assistance is directly related to, and in support of, other activities of the Partnership under the early intervention component of GEAR UP; and (b) It complies with the requirements in §694.10. (Authority: 20 U.S.C. 1070a–21 to 1070a–28) The Governor of a State must designate which State agency applies for, and administers, a State grant under GEAR UP. (Authority: 20 U.S.C. 1070a–21 to 1070a–28) (a) A State or Partnership must provide, in accordance with procedures the Secretary may specify, a 21st Century Scholar Certificate from the Secretary to each student participating in the early intervention component of its GEAR UP project. (b) 21st Century Scholarship Certificates must be personalized and indicate the amount of Federal financial aid for college that a student may be eligible to receive. (Authority: 20 U.S.C. 1070a–26) Any State that receives a grant under this part and that served students under the NEISP program on October 6, 1998 must continue to provide services under this part to those students until they complete secondary school. (Authority: 20 U.S.C. 1070a–21) For any fiscal year, the Secretary may select one or more of the following priorities: (a) Projects by Partnerships or States that serve a substantial number or percentage of students who reside, or attend a school, in an Empowerment Zone, including a Supplemental Empowerment Zone, or Enterprise Community designated by the U.S. Department of Housing and Urban Development or the U.S. Department of Agriculture. (b) Partnerships that establish or maintain a financial assistance program that awards scholarships to students, either in accordance with section 404E of the HEA, or in accordance with §694.11, to strengthen the early intervention component of its GEAR UP project. (Authority: 20 U.S.C. 1070a–21 to 1070a–28)
Title 34: Education
PART 694—GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS (GEAR UP)
Section Contents
§ 694.1 What is the maximum amount that the Secretary may award each fiscal year to a Partnership or a State under this program?
§ 694.2 Which students must a Partnership, or a State that chooses to use the cohort approach in its project, serve under the program's early intervention component?
§ 694.3 What are the requirements for a cohort?
§ 694.4 Which students must a State or Partnership serve when there are changes in the cohort?
§ 694.5 What requirements must be met by a Partnership or State that chooses to provide services to private school students under the program's early intervention component?
§ 694.6 Who may provide GEAR UP services to students attending private schools?
§ 694.7 What are the matching requirements for a GEAR UP Partnership?
§ 694.8 What are the requirements that a Partnership must meet in designating a fiscal agent for its project under this program?
§ 694.9 What is the maximum indirect cost rate for an agency of a State or local government?
§ 694.10 What are the requirements for awards under the program's scholarship component under section 404E of the HEA?
§ 694.11 Under what conditions may a Partnership that does not participate in the GEAR UP scholarship component under section 404E of the HEA provide financial assistance for postsecondary education to students under the GEAR UP early intervention component?
§ 694.12 How does a State determine which State agency will apply for, and administer, a State grant under this program?
§ 694.13 What requirements must be met by a Partnership or State participating in GEAR UP with respect to 21st Century Scholarship Certificates?
§ 694.14 What requirements apply to a State that served students under the National Early Intervention Scholarship and Partnership program (NEISP) and that receives a GEAR UP grant?
§ 694.15 What priorities may the Secretary establish for a GEAR UP grant?
§ 694.1 What is the maximum amount that the Secretary may award each fiscal year to a Partnership or a State under this program?
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§ 694.2 Which students must a Partnership, or a State that chooses to use the cohort approach in its project, serve under the program's early intervention component?
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§ 694.3 What are the requirements for a cohort?
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§ 694.4 Which students must a State or Partnership serve when there are changes in the cohort?
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§ 694.5 What requirements must be met by a Partnership or State that chooses to provide services to private school students under the program's early intervention component?
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§ 694.6 Who may provide GEAR UP services to students attending private schools?
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§ 694.7 What are the matching requirements for a GEAR UP Partnership?
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§ 694.8 What are the requirements that a Partnership must meet in designating a fiscal agent for its project under this program?
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§ 694.9 What is the maximum indirect cost rate for an agency of a State or local government?
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§ 694.10 What are the requirements for awards under the program's scholarship component under section 404E of the HEA?
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§ 694.11 Under what conditions may a Partnership that does not participate in the GEAR UP scholarship component under section 404E of the HEA provide financial assistance for postsecondary education to students under the GEAR UP early intervention component?
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§ 694.12 How does a State determine which State agency will apply for, and administer, a State grant under this program?
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§ 694.13 What requirements must be met by a Partnership or State participating in GEAR UP with respect to 21st Century Scholarship Certificates?
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§ 694.14 What requirements apply to a State that served students under the National Early Intervention Scholarship and Partnership program (NEISP) and that receives a GEAR UP grant?
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§ 694.15 What priorities may the Secretary establish for a GEAR UP grant?
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