Student Support Services Program

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 [email protected]

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,

Secs. 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 (Sec. 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 (Sec. 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 (Sec. 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 (Sec. 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.

[[Page 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 ``Sec. '' and a numbered heading;

for example, Sec. 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.)

[[Page 64110]]

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

Sec. 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 Sec. 646.4.

(Authority: 20 U.S.C. 1070a-11 and 1070a-14)

Sec. 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)

Sec. 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)

Sec. 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 Sec. 646.1.

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

Sec. 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 Sec. 646.21.

(Authority: 20 U.S.C. 1070a-11)

Sec. 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)

Sec. 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

[[Page 64111]]

the services stated under Sec. 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 Sec. 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?

Sec. 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)

Sec. 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?

Sec. 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 Sec. 646.21.

(ii) The maximum score for all the criteria in Sec. 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 Sec. 646.22.

(ii) The maximum score for all the criteria in Sec. 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 higher-ranked 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)

Sec. 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 Sec. 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

[[Page 64112]]

purposes of the Student Support Services Program stated in Sec. 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)

Sec. 646.22 How does the Secretary evaluate prior experience?

(a) In the case of an application described in

Sec. 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 (four-year

colleges only).

(Authority: 20 U.S.C. 1070a-11 and 1070a-14)

Sec. 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?

Sec. 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

[[Page 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)

Sec. 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)

Sec. 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 low-income 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 Sec. 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