[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Rules and Regulations]
[Pages 10184-10189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4886]
[[Page 10183]]
_______________________________________________________________________
Part II
Department of Education
_______________________________________________________________________
34 CFR Part 694
Office of Postsecondary Education; Gaining Early Awareness and
Readiness for Undergraduate Programs; Final Rule
Office of Postsecondary Education; Notice Inviting Applications for New
Awards for Fiscal Year 1999--Gaining Early Awareness and Readiness for
Undergraduate Programs--GEAR UP; Notice
Federal Register / Vol. 64, No. 40 / Tuesday, March 2, 1999 / Rules
and Regulations
[[Page 10184]]
DEPARTMENT OF EDUCATION
34 CFR Part 694
RIN 1840-AC59
Gaining Early Awareness and Readiness for Undergraduate Programs
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary amends the Code of Federal Regulations to add
regulations necessary to implement certain provisions of the Higher
Education Amendments of 1998. The regulations only apply to the fiscal
year 1999 grant competition.
EFFECTIVE DATE: These regulations take effect April 1, 1999.
FOR FURTHER INFORMATION CONTACT: Lisa Aserkoff, U.S. Department of
Education, 400 Maryland Avenue, SW, Washington, DC 20202-2110.
Telephone: (202) 401-6296. Individuals who use a 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.
Individuals with disabilities may obtain this document in an
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
SUPPLEMENTARY INFORMATION:
Background
These final regulations implement certain provisions of the Higher
Education Amendments of 1998 (Amendments), (Public Law 105-244),
enacted October 7, 1998, amending the Higher Education Act of 1965
(HEA).
Section 403 of the Amendments established the Gaining Early
Awareness and Readiness for Undergraduate Programs (GEAR UP), a program
designed to give more low-income students the skills, encouragement,
and preparation needed to pursue postsecondary education, and to
strengthen academic programs and student services at participating
schools. GEAR UP provides two types of competitive grants: State grants
and Partnership grants. State grants must provide early college
preparation and awareness activities through the early intervention
component of the GEAR UP program and scholarships for participating
students through the scholarship component of GEAR UP. Partnerships
must provide early college preparation and awareness activities through
the early intervention component, and are encouraged to provide college
scholarships, although they are not required to include a scholarship
component in their GEAR UP projects.
Under its principles for regulating, the Department of Education
(Department) regulates only when it improves the quality and equality
of services to its customers--learners of all ages. The Department
regulates only when absolutely necessary, and then in the most
flexible, most equitable, and least burdensome way possible. The
Department regulates if a demonstrated problem exists and cannot be
resolved without regulation or if necessary to provide legally binding
interpretation to resolve an ambiguity. The Department does not
regulate if entities or situations to be regulated are so diverse that
a uniform approach does more harm than good.
These final regulations are necessary to implement the GEAR UP
program. In some instances, the Amendments require the Secretary to
regulate. In others, regulations are necessary to clarify certain
provisions in the statute.
The regulations set a maximum amount that the Secretary may award
each year to a Partnership or a State under GEAR UP. For Partnership
grants, the maximum amount that the Secretary may award each year is
calculated by multiplying the number of students the Partnership
proposes to serve that year, as stated in the Partnership's plan, by
$800. The Secretary has determined that this is an appropriate average
per student, per year, Federal dollar amount to spend under GEAR UP.
The Secretary believes that this average maximum Federal dollar amount
per student will ensure that the Department can fund a substantial
number of projects nationwide each year, while still providing for a
broad range of services for those students served.
The final regulations set the maximum dollar amount that the
Secretary may award each year for State grants under GEAR UP at $5
million. As with Partnership grants, the Secretary believes that this
will ensure that the Department can fund a substantial number of
projects each year, while providing the services necessary to ensure a
successful program.
Under the statute, a Partnership must, and a State may, conduct its
early intervention component by serving entire grade levels, or
cohorts, of students. The final regulations clarify the statutory
requirements regarding which students a Partnership, or a State that
chooses to use the cohort approach, must serve under the GEAR UP early
intervention component. After outlining the statutory requirements, the
regulations explain what happens if there are changes in the cohort.
A Partnership or State must include in the cohort of students
receiving direct services any additional students at the grade level of
the students in the cohort who begin attending the school where the
cohort began. For example, if a Partnership or State starts with a 6th
grade cohort, and several new students arrive at the school the
following year, when the cohort has reached 7th grade, the Partnership
or State must serve as part of the cohort any new 7th grade students.
The Secretary believes that any new student who begins attending a
school participating in a GEAR UP program, before the cohort leaves the
school with a 7th grade at which the cohort began to receive GEAR UP
services, should have the opportunity to benefit from the direct
services other students are receiving. On the other hand, some students
who began in the cohort are likely to leave the participating school as
well. Students who depart the participating school are not required to
be served. Thus, this requirement should not cause the size of the
cohort to increase significantly in the years before the cohort leaves
the school with a 7th grade at which the cohort began to receive GEAR
UP services.
As the cohort moves on to a subsequent participating school (for
example, a high school), it is possible that a single middle-grades
school could feed into more than one high school. Some cohorts may
therefore eventually have their students distributed among several
schools.
These regulations provide that if not all 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, the Partnership or the State may, but is not required to,
provide services to all of those students. However, the Partnership or
State must continue to provide GEAR UP services to at least those
students in the cohort who attend subsequent participating schools that
enroll a substantial majority of the students in the cohort.
For example, a cohort could graduate from its middle-grades school
after the 8th grade, and the students from that cohort could then begin
attending three different high schools. If 40% of the cohort attends
one high school, 30% attends another high school, and another 30%
attends a third high school, the Partnership or State would be required
to serve the students from
[[Page 10185]]
the original cohort in at least two of the high schools in order to
meet the substantial majority requirement.
The Secretary believes that requiring Partnerships or States to
provide services to at least those students in the cohort who attend
subsequent participating schools that enroll a substantial majority of
the students in the cohort is the best way to ensure that the maximum
number of students from the original cohort continue to receive
services, without placing an undue burden on Partnerships or States.
The regulations outline the requirements a Partnership or State
must meet if it chooses to provide services to private school students
under the program's early intervention component. The regulations are
based on private school student participation requirements generally
applicable to most elementary and secondary education programs carried
out by the Department and are designed to ensure that Federal funds are
used for educational services that are secular, neutral, and
nonideological.
The regulations establish the matching requirements for GEAR UP
Partnerships. Under the regulations, a Partnership must state in its
application the percentage of the cost of the GEAR UP project for each
year that the Partnership will provide from non-Federal funds, and then
comply with the matching percentage stated in the application for each
year of the project period. However, a Partnership must provide at
least 20% of the cost of the project from non-Federal funds for any
year in the project period, and the non-Federal share of the cost of
the GEAR UP project must be at least 50% of the total cost over the
project period.
The Secretary believes that these matching requirements give
Partnerships broad flexibility in terms of the amount of the project
cost that the Partnership must provide each year. The Secretary also
believes that a Partnership should be responsible for at least 20
percent of the cost of the project for any given year, and for at least
50 percent of the entire cost of the project. The Secretary believes
that the success of any project depends in part upon strong community
support. The 50 percent requirement helps to ensure that the GEAR UP
project can be sustained, even after Federal funds are no longer
available, through strong community Partnerships, with support from all
partners.
These regulations also address the requirements for the scholarship
component of the project for States, and for any Partnership that
chooses to include a scholarship component in its project. The
regulations outline the minimum scholarship amount that a State or
Partnership must award under the scholarship component. Under the
statute, the minimum amount of the scholarship for each fiscal year is
not less than the lesser of: 75 percent of the average cost of
attendance for an in-State student, in a 4-year program, at public
institutions of higher education in that State; or the maximum Federal
Pell Grant funded under section 401 of the HEA for that year. The
statute gives the Secretary the authority to decide how to determine 75
percent of the average cost of attendance. These regulations specify
that the percentage will be determined using section 472 of the HEA,
the cost of attendance provisions for Title IV of the HEA. As GEAR UP
is a Title IV program, the Secretary believes the general cost of
attendance provisions for Title IV should apply. This provision is also
based on the regulations for cost of attendance under the National
Early Intervention Scholarship and Partnership Program (NEISP), the
program which GEAR UP replaced.
The regulations also detail the relationship of a GEAR UP
scholarship to other financial assistance received by a student, and
the GEAR UP scholarship amount provided to a part-time student. As
provided in the statute, GEAR UP scholarships must not be considered
when awarding other Title IV grant assistance (for example, Federal
Pell Grants or Federal Supplemental Educational Opportunity Grants).
However, the statute also provides that the total amount of Title IV
assistance awarded to a student must not exceed the student's total
cost of attendance. A student's cost of attendance is, in part, related
to whether the student attends an institution on a full-time or part-
time basis. The regulations clarify that a State or Partnership that
awards a GEAR UP scholarship to a student attending an institution on a
less than full-time basis must reduce the scholarship amount
proportionately. This proportionate reduction is similar to the
reduction of Federal Pell Grants awarded to part-time students. The
Secretary believes that it is important to clarify the GEAR UP
scholarship amount for part-time students in the regulations in order
to ensure that these nontraditional students are appropriately served
under GEAR UP.
As required by the statute, the regulations also give a priority
under the scholarship component to students who will receive Federal
Pell grants for the academic year in which the GEAR UP scholarship is
being awarded. The regulations also address how to award any remaining
scholarship funds, once eligible students who will receive Federal Pell
Grants have received their awards. Under the regulations, if a State or
Partnership has GEAR UP scholarship funds remaining after awarding
scholarships to all eligible Federal Pell Grant recipients, the State
or Partnership must award those funds to eligible students after
considering the need of those students for GEAR UP scholarships. Since
this program is targeted at students at schools in low-income areas,
the Secretary believes it is important that scholarship funds go to the
students with the greatest need.
The regulations state that a State or Partnership must award
continuation scholarships in successive award years to each student who
received an initial scholarship, and who continues to be eligible. This
is a provision from the NEISP regulations that the Secretary believes
is important to apply also to the GEAR UP program. The Secretary
believes that, once students receive a GEAR UP scholarship, they should
be confident that they will continue to receive their scholarship money
for as long as they remain eligible.
In order to assist institutions of higher education package the
amounts and types of aid that a particular student receives, the
regulations also outline the order in which financial assistance should
be given to help institutions of higher education package the amounts
and types of aid that a particular student receives. These regulations
are also based on the NEISP regulations. Specifying the order in which
financial aid is awarded is necessary because the Secretary intends
that GEAR UP scholarships be ``last dollar'' grant assistance, and not
be used to reduce any other grants (Federal or non-Federal) or tuition
discounts.
The regulations also address the circumstances under which a
Partnership may provide scholarship assistance to students who have
participated in the GEAR UP early intervention component, if the
Partnership decides not to participate in the GEAR UP scholarship
component. Under the statute, only States are required to participate
in the scholarship component. Partnerships may offer scholarships using
GEAR UP funds to students who have participated in the GEAR UP early
intervention component. However, if they choose to offer scholarships
without participating in the scholarship component, they may offer
scholarships using GEAR UP funds only if certain requirements are met.
The regulations address those requirements.
[[Page 10186]]
Under the regulations, the Partnership may provide financial
assistance for postsecondary education to students who participate in
the early intervention component only if the financial assistance is
directly related to, and in support of, other activities of the
Partnership under the early intervention component of GEAR UP. The
Secretary believes that it would be inconsistent with the statutory
requirements applicable to the scholarship component for a Partnership
to use its GEAR UP funds under the early intervention component to
provide financial assistance unless there is a strong link between that
financial assistance and the particular GEAR UP activities in which the
student has participated.
For example, students could be awarded financial assistance based
on the successful completion of academic milestones they specifically
committed themselves to as part of the GEAR UP project. However,
students may not be awarded financial assistance as part of a GEAR UP
project that is independent of the GEAR UP early intervention component
activities, or that does not meet the requirements of the GEAR UP
scholarship component.
The Secretary recognizes that since GEAR UP projects must start not
later than the 7th grade, scholarships for postsecondary education
won't be a concern for most GEAR UP students for at least six years.
However, under the statute, students who have been participating in
either the NEISP or TRIO programs may be eligible to receive
scholarship money during the first years of the program. Additionally,
the Secretary feels that it is important that applicants are aware of
any requirements that might affect the way in which they shape their
projects, even if the requirements do not have an immediate impact.
The regulations also provide that the Governor of a State must
designate which State agency shall apply for, and administer, a State
grant under GEAR UP. As with the NEISP program, the Secretary believes
that the best way to ensure that the Department receives the best
possible application from each State is to ask the Governor to
designate which State agency will apply on behalf of that State. The
Secretary believes that Governors are in a unique position to bring
about coordination among State and local agencies, educational
institutions, and others to develop State GEAR UP plans that marshal
resources and add support to States' efforts to raise academic
standards.
The regulations also state the requirements that a Partnership or
State participating in GEAR UP must meet with respect to 21st Century
Scholarship Certificates. Under the statute, the Secretary must ensure
that each student participating in a GEAR UP program receives a 21st
Century Scholarship Certificate that is personalized, and that
indicates the amount of Federal financial aid for college that the
student may be eligible to receive. The regulations therefore require
that a State or Partnership must provide each student with a
certificate. The Secretary believes that the best and most efficient
way to award the certificates, which will be from the Secretary, is to
involve the States and Partnerships in awarding them. The Secretary
believes that the students' personalized information is most readily
available to the project grantees and that awarding the students their
certificates complements other early college awareness activities by
States and Partnerships as part of their GEAR UP projects.
Finally, the regulations address the priorities the Secretary must
establish, and the priorities that the Secretary may choose to
establish each year in making GEAR UP awards. Under the statute, the
Secretary is required to give a priority to any State grant applicant
that had carried out successful educational opportunity programs under
NEISP, and that has a demonstrated commitment to early intervention
leading to college access. In addition to that priority, the Secretary
may also give a funding priority to a Partnership or State applicant
that proposes to serve a substantial number or percentage of students
who reside in an Empowerment Zone, including a Supplemental Empowerment
Zone, or Enterprise Community, as designated by the U.S. Department of
Housing and Urban Development or the U.S. Department of Agriculture.
The Secretary believes that applicants proposing to serve Empowerment
Zones or Enterprise Communities demonstrate a commitment to serving the
students with the greatest need for encouragement and motivation to
attend institutions of higher education and may decide to give
applicants who serve those students a priority.
The Secretary may also give a priority to a Partnership that
establishes or maintains a financial assistance program to award
scholarships either under the GEAR UP scholarship component, or in
accordance with the regulations that apply to Partnerships. The
Secretary believes that the knowledge that scholarships will be
available is a powerful way to encourage students to go on to
postsecondary education. The Secretary may therefore decide to give
Partnership applicants that show a commitment to providing scholarships
to GEAR UP students a funding priority.
Executive Order 12866
These final regulations have been reviewed in accordance with
Executive Order 12866. Under the terms of the order the Secretary has
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with the final regulations are those
resulting from statutory requirements and those determined by the
Secretary to be necessary for administering this program effectively
and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of these final regulations, the Secretary has
determined that the benefits of the regulations justify the costs.
Potential costs and benefits of the final regulations are discussed
elsewhere in this preamble under the heading ``Supplementary
Information''.
The Secretary has also determined that this regulatory action does
not unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
Regulatory Flexibility Act Certification
The Secretary certifies that these final regulations would not have
a significant economic impact on a substantial number of small
entities. Entities that would be affected by these regulations are
States and State agencies, local educational agencies (LEAs), local
community organizations, and institutions of higher education. States
and state agencies are not ``small entities'' under the Regulatory
Flexibility Act.
Institutions of higher education are defined as ``small entities,''
according to U.S. Small Business Administration Size Standards if they
are for-profit or nonprofit institutions with total annual revenue
below $5,000,000 or if they are institutions controlled by governmental
entities with populations below 50,000. Small LEAs and local community
organizations are small entities for the purposes of the Regulatory
Flexibility Act. The final 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.
[[Page 10187]]
Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995, no persons are required
to respond to a collection of information unless it displays a valid
OMB control number. The valid OMB control numbers assigned to the
collections of information in these final regulations are displayed at
the end of the affected sections of the 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 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.
Assessment of Educational Impact
Based on its own review, the Department has determined that the
regulations in this document do not require transmission of information
that is being gathered by or is available from any other agency or
authority of the United States.
Waiver of Rulemaking
In accordance with the Administrative Procedure Act (APA) (5 U.S.C.
553), it is generally the practice of the Secretary to offer interested
parties the opportunity to comment on proposed rules. However, section
437(d) of the General Education Provisions Act exempts from these
rulemaking requirements regulations governing the first grant
competition under a new or substantially revised program authority (20
U.S.C. 1232(d)(1)). In order to make awards on a timely basis, the
Secretary has decided to publish this regulation in final under the
authority of section 437(d). Further, the Secretary has determined
that, to make grants under this competition before the funds expire,
the use of negotiated rulemaking would be impracticable and contrary to
the public interest under section 492(b)(2) of the HEA. The Department
did consult with the public, however, throughout the development of
this program.
Electronic Access to This Document
Anyone may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or
portable document format (pdf) on the World Wide Web at either of the
following sites:
http://gcs.ed.gov/fedreg.htm
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To use the pdf you must have the Adobe Acrobat Reader Program with
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Office, at (202) 512-1530 or, toll free at 1-888-293-6498.
Anyone may also view these documents in text copy only on an
electronic bulletin board of the Department. Telephone: (202) 219-1511
or, toll free, 1-800-222-4922. The documents are located under Option
G--Files/Announcements, Bulletins and Press Releases.
Note: The official version of this document is the document
published in the Federal Register.
List of Subjects in 34 CFR Part 694
Colleges and universities, Elementary and secondary education,
Grant programs--education, Student aid.
(Catalog of Federal Domestic Assistance Number: 84.334 Gaining Early
Awareness and Readiness for Undergraduate Programs)
Dated: February 19, 1999.
Maureen A. McLaughlin,
Acting Assistant Secretary for Postsecondary Education.
The Secretary amends Chapter VI of Title 34 of the Code of Federal
Regulations by adding the following new part:
PART 694--GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE
PROGRAMS
Sec.
694.1 To what fiscal year do these regulations apply?
694.2 What is the maximum amount that the Secretary may award each
year to a Partnership or a State under this program?
694.3 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?
694.4 What are the requirements for a cohort?
694.5 Which students must a State or Partnership serve when there
are changes in the cohort?
694.6 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?
694.7 Who may provide GEAR UP services to students attending
private schools?
694.8 What are the matching requirements for a GEAR UP partnership?
694.9 What are the requirements that a Partnership must meet in
designating a fiscal agent for its project under this program?
694.10 What are the requirements regarding the amount of a GEAR UP
scholarship, and its relationship to other Federal student financial
assistance?
694.11 What requirements must a State, or a Partnership that
chooses to include a scholarship component in its project, follow in
awarding scholarships under the program's scholarship component?
694.12 Under what conditions may a Partnership that does not
participate in the GEAR UP scholarship component provide financial
assistance to students under the GEAR UP early intervention
component?
694.13 How does a State determine which State agency will apply
for, and administer, a State grant under this program?
694.14 What requirements must be met by a Partnership or State
participating in GEAR UP with respect to 21st Century Scholar
Certificates?
694.15 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?
694.16 What priority must the Secretary establish?
694.17 What priorities may the Secretary establish?
Authority: 20 U.S.C. 1070a-21 to 1070a-28, unless otherwise
noted.
Sec. 694.1 To what fiscal year do these regulations apply?
The regulations in this part apply to the fiscal year 1999 grant
competition.
(Authority: 20 U.S.C. 1070a-21)
Sec. 694.2 What is the maximum amount that the Secretary may award
each year to a Partnership or a State under this program?
(a) Partnership grants. The maximum amount that the Secretary may
award each year for a GEAR UP Partnership grant is calculated by
multiplying--
(1) Eight hundred dollars ($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 maximum amount that the Secretary may award
each year for a GEAR UP State grant is $5 million.
(Authority: 20 U.S.C. 1070a-23)
Sec. 694.3 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?
A Partnership, or a State that chooses to use the cohort approach
in its GEAR UP early intervention component, must, except as provided
in Sec. 694.5--
(a) Provide services to at least one entire grade level (cohort) of
students
[[Page 10188]]
(subject to Sec. 694.04(b)) beginning not later than the 7th grade; and
(b) Ensure that services are provided through the 12th grade to
those students.
(Authority: 20 U.S.C. 1070a-21 to 1070a-28)
Sec. 694.4 What are the requirements for a cohort?
(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-21 to 1070a-28)
Sec. 694.5 Which students must a State or Partnership serve when there
are changes in the cohort?
(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. 1070a-22)
Sec. 694.6 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?
(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; and
(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)
Sec. 694.7 Who may provide GEAR UP services to students attending
private schools?
(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: 20 U.S.C. 1070a-21 to 1070a-28)
Sec. 694.8 What are the matching requirements for a GEAR UP
Partnership?
(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) A Partnership must provide not less
than 20 percent of the cost of the project from non-Federal funds for
any year in the project period.
(2) 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.
(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)
(Approved by the Office of Management and Budget under control
number 1840-0740)
Sec. 694.9 What are the requirements that a Partnership must meet in
designating a fiscal agent for its project under this program?
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)
Sec. 694.10 What are the requirements regarding the amount of a GEAR
UP scholarship, and its relationship to other Federal student financial
assistance?
(a) In general. Except as provided in paragraph (b) of this
section, a State, or a Partnership that chooses to include a
scholarship component in its GEAR UP project--
(1) Must award a scholarship under the scholarship component that
is at least the lesser of--
(i) Seventy-five (75) percent of the average cost of attendance, as
determined under section 472 of the Higher Education Act of 1965, as
amended (HEA), for in-State students in a 4-year program of instruction
at public institutions of higher education in the State; or
(ii) The maximum Federal Pell Grant award funded for that fiscal
year.
(2) Must not award a GEAR UP scholarship to a student in an amount
that, in combination with other student financial assistance awarded
under title IV of the HEA, exceeds the student's cost of attendance, as
defined in section 472 of that Act.
(b) If a student who is awarded a GEAR UP scholarship attends an
institution on a less than full-time basis during any academic year,
the State or Partnership awarding the GEAR UP scholarship must reduce
the scholarship amount proportionately.
(c) A GEAR UP scholarship must 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)
Sec. 694.11 What requirements must a State, or a Partnership that
chooses to include a scholarship component in its project, follow in
awarding scholarships under the program's scholarship component?
(a) Pell Grant recipient priority. A State, or a Partnership that
chooses to
[[Page 10189]]
include a scholarship component in its GEAR UP project, must award GEAR
UP scholarships--
(1) To students who--
(i) Are eligible for a GEAR UP scholarship; and
(ii) Will receive a Federal Pell Grant for the academic year for
which the GEAR UP scholarship is being awarded; and
(2) If the State or Partnership has GEAR UP scholarship funds
remaining after awarding scholarships to students under paragraph
(a)(1) of this section, to other eligible students (who will not
receive a Federal Pell Grant) after considering the need of those
students for GEAR UP scholarships.
(b) Continuation scholarships. A State or a Partnership 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.
(c) Order of scholarships. In awarding GEAR UP scholarships, a
State or Partnership must ensure that, for each recipient of a
scholarship under this part who is eligible for and receiving other
postsecondary student financial assistance, a Federal Pell Grant be
awarded first, other public and private grants, scholarships, or
tuition discounts be awarded second, a GEAR UP scholarship be awarded
third, and then other financial assistance be awarded.
(Authority: 20 U.S.C. 1070a-25)
Sec. 694.12 Under what conditions may a Partnership that does not
participate in the GEAR UP scholarship component provide financial
assistance to students under the GEAR UP early intervention component?
A GEAR UP Partnership that does not participate in the GEAR UP
scholarship component may provide financial assistance for
postsecondary education to students who participate in the early
intervention component only if the financial assistance is directly
related to, and in support of, other activities of the Partnership
under the early intervention component of GEAR UP.
(Authority: 20 U.S.C. 1070a-21 to 1070a-28)
Sec. 694.13 How does a State determine which State agency will apply
for, and administer, a State grant under this program?
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)
Sec. 694.14 What requirements must be met by a Partnership or State
participating in GEAR UP with respect to 21st Century Scholar
Certificates?
(a) A State or Partnership must provide, in accordance with such
procedures as the Secretary may specify, a 21st Century Scholar
Certificate from the Secretary of Education to each student
participating in the early intervention component of its GEAR UP
project.
(b) 21st Century Scholar 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)
Sec. 694.15 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?
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)
Sec. 694.16 What priority must the Secretary establish?
For any fiscal year, the Secretary must select any State grant
applicant that--
(a) On October 6, 1998, carried out successful educational
opportunity programs under the National Early Intervention Scholarship
and Partnership program (as that program was in effect on that date);
and
(b) Has a prior, demonstrated commitment to early intervention
leading to college access through collaboration and replication of
successful strategies.
(Authority: 20 U.S.C. 1070a-21)
Sec. 694.17 What priorities may the Secretary establish?
For fiscal year 1999, 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 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 Sec. 694.12.
(Authority: 20 U.S.C. 1070a-21 to 1070a-28)
[FR Doc. 99-4886 Filed 3-1-99; 8:45 am]
BILLING CODE 4000-01-P
