[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20892]
[[Page Unknown]]
[Federal Register: August 25, 1994]
_______________________________________________________________________
Part IV
Department of Education
_______________________________________________________________________
34 CFR Part 647
Ronald E. McNair Postbaccalaureate Achievement Program; Final Rule
DEPARTMENT OF EDUCATION
34 CFR Part 647
RIN 1840-AB65
Ronald E. McNair Postbaccalaureate Achievement Program
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary establishes regulations to govern the Ronald E.
McNair Postbaccalaureate Achievement Program (McNair). The regulations
are needed to implement statutory changes made to the McNair program by
the Higher Education Amendments of 1992 and the Higher Education
Technical Amendments Act of 1993. These regulations also codify those
policies and practices that have been used in the requirements
governing the program for the past four years. Previously, the McNair
program has been administered using only the program statute and the
Education Department General Administrative Regulations (EDGAR).
EFFECTIVE DATE: These regulations take effect on or before October 11,
1994 or later if the Congress takes certain adjournments, except that
compliance is not required with the information collection requirements
in Sec. 647.21, 647.22, and 647.32 until the information collection
requirements contained in these sections have been submitted by the
Department of Education and approved by the Office of Management and
Budget under the Paperwork Reduction Act of 1980. If you want to know
the effective date of these regulations, call or write the Department
of Education contact person. A document announcing the effective date
will be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Eileen S. Bland, U.S. Department of
Education, 400 Maryland Avenue, S.W., Room 5065, Washington, D.C.
20202-5249. Telephone: (202) 708-4804. 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.
SUPPLEMENTARY INFORMATION: The purposes and allowable activities of the
McNair program support the National Education Goals. Specifically, the
program funds projects designed to increase the number of United States
undergraduate and graduate students, especially minorities, who
complete advanced degrees in numerous disciplines, including the fields
of mathematics and science, and the proportion of graduates equipped
with the capacity for advanced critical analysis and problem solving.
On December 2, 1993, the Secretary published a notice of proposed
rulemaking (NPRM) for the McNair program in the Federal Register (58 FR
63870). In this notice the Secretary solicited public comment on the
proposed regulations.
Analysis of Comments and Changes
In response to the Secretary's invitation in the NPRM, 17 persons
submitted comments on the proposed regulations. The following is an
analysis of the comments and the changes in the regulations since
publication of the NPRM. Substantive issues are discussed under the
section of the regulations to which they pertain. Technical and other
minor changes made to the language published in the NPRM--and suggested
changes the Secretary is not legally authorized to make under
applicable statutory authority--are not addressed.
Who is Eligible for a Grant? (Section 647.2)
Comment: The Secretary received one comment regarding eligible
applicants under this program. The commenter encouraged the Secretary
to include ``disciplinary groups'' such as professional associations
and public or private agencies or organizations or combinations of
these groups as eligible applicants under the McNair program. The
commenter indicated that these groups are included as eligible under
section 402A of the Higher Education Act of 1965 as amended (HEA) and
that the Department is being overly restrictive in this limitation.
Discussion: The Secretary believes Sec. 647.2 of these regulations
accurately reflects section 402E of the HEA which authorizes the McNair
program. While section 402A of the HEA denotes the full complement of
eligible applicants for all Federal TRIO Programs, institutions of
higher education and combinations of those institutions are generally
the only entities that can provide McNair program services. Further,
section 402E(d) of the HEA provides for specific award considerations
for institutions of higher education. However, applicants are
encouraged to solicit and encourage the participation and coordination
of professional associations, both private and public, to further
enhance the quality of the services to be provided to the eligible
participants.
Changes: None.
Who Is Eligible To Participate in a McNair Grant? (Section 647.3)
Comments: Many commenters suggested that the Secretary change
Sec. 647.3 by deleting the eligibility requirement that students must
have completed their sophomore year of study to participate in the
McNair program. The commenters felt that this requirement was overly
restrictive and placed an additional eligibility requirement that went
beyond legislative intent. Further, the commenters felt that early
intervention, even at the freshman level, may provide the program
participants with necessary information and motivation necessary to
make future educational choices and decisions.
Discussion: The Secretary has determined that the requirement that
students must have completed their sophomore year of study before they
are eligible to participate in the McNair program is overly restrictive
and has deleted the requirement. However, because of the small size of
the McNair program (less than 70 grants nationwide and under 2,000
participants currently), the Secretary encourages grantees to focus
project services on students in their junior and senior years of
undergraduate study. Thus, the Secretary prefers to see the emphasis of
the McNair program placed on students who have completed the general
college-wide requirements and are ready to select their major fields of
study. Nevertheless, the Secretary will not absolutely preclude
freshmen and sophomores from participation in the McNair program.
Grantees are advised that recipients of summer research internships
must have completed their sophomore year. It should be noted that a
companion program, Student Support Services, emphasizes the provision
of academic support services to freshmen and sophomore students,
including mentoring and counseling, to encourage enrollment in
postbaccalaureate programs of study.
Changes: The requirement that students must have completed their
sophomore year of study to be eligible to participate in the McNair
program has been deleted except with regard to summer research
internships.
Comments: Several commenters questioned whether the proposed
regulations would allow students enrolled at the master's level of
studies to participate in the McNair program.
Discussion: The proposed regulations do not preclude the
participation of students enrolled in master's level studies. However,
given the types of activities and services normally provided by the
McNair program, the Secretary anticipates that students at the master's
level of study probably have received effective preparation for
doctoral studies.
Changes: None.
How Long Is a Project Period? (Section 647.5)
Comment: The Secretary received one comment regarding whether the
four-to-five year grant award cycles would be made retroactive to
include the grantees currently funded under the McNair program.
Discussion: Grant awards made in FY 1995 will be for either four or
five years, depending upon the peer review score received by applicants
in the competition. The grant award cycle for currently funded grantees
under the McNair program will not be modified.
Changes: None.
What Definitions Apply? (Section 647.7)
Comment: One commenter suggested that the definition for first-
generation college student might be clarified by utilizing the language
agreed upon in the Talent Search Program for the similar definition of
potential first-generation college student (Sec. 643.7).
Discussion: The Secretary agrees with the commenter.
Changes: The definition of first-generation college student has
been revised to reflect the definition of that term in the Talent
Search Program regulations.
Comments: None.
Discussion: The Secretary has reviewed the regulations since the
publication of the NPRM and has determined that providing information
on what groups are underrepresented in graduate education is beneficial
to all prospective applicants. However, there is no need to define both
Individuals from groups underrepresented in graduate education, and
Groups underrepresented in graduate education.
Changes: The definition of ``Individuals from groups
underrepresented in graduate education'' has been deleted and replaced
with the definition of ``Groups underrepresented in graduate
education.''
Further, an additional definition has been added to this section
for ``target population.'' Applicants are asked to provide information
on their proposed ``target population'' under the ``Need'' criterion,
which was revised in response to comments that the criterion not be
restricted to an applicant's student population.
Comments: Several commenters questioned the definition of summer
internship. Exception was taken to the phrase, ``* * * that normally
will occur between the junior and senior year * * *'' because it
appears restrictive and one commenter suggested that the term
``experienced practitioner'' be defined.
Discussion: The Secretary disagrees that the definition of this
term could be interpreted as requiring that a summer internship take
place only between a student's junior and senior years but decided to
delete the phrase nevertheless.
Changes: The definition of ``summer internship'' has been revised,
and the Secretary has replaced the term ``experienced practitioners''
with ``experienced faculty researchers.''
How Does the Secretary Decide which New Grants to Make? (Section
647.20)
Comments: Two commenters observed that the eight point maximum
prior experience score conflicts with the language included in the
Higher Education Technical Amendments of 1993.
Discussion: The Secretary has raised the maximum prior experience
score to 15 points as required by a statutory change made by the Higher
Education Technical Amendments Act of 1993.
Changes: The maximum score for all the criteria in Sec. 647.22 is
l5 points. Further, the Secretary has modified the maximum score for
each criterion in that section to reflect the new total score.
Comments: One commenter objected to the provision that additional
points, equal to l0 percent of the applicant's score, be awarded to
applications from Guam, the Virgin Islands, American Samoa, the Trust
Territory of the Pacific Islands and the Northern Mariana Islands. The
commenter objected because the commenter believes it gives those
applicants an unfair advantage.
Discussion: The requirement that priority be given to proposals
submitted by the territories was deleted from the Higher Education Act
by the Higher Education Technical Amendments Act of 1993.
Changes: The provision has been deleted from Sec. 647.20(a) of the
regulations.
Comments: Several commenters objected to Sec. 647.20(c) of the
proposed regulations, which describes how the Secretary awards grants
when two or more applications receive identical scores and all of these
applications cannot be funded. The commenters suggested that the use of
a subjective selection factor such as geographical distribution was not
impartial and could possibly be construed as setting a new precedent
for other TRIO funding.
Discussion: The Secretary believes that a tie-breaker that takes
into account underserved geographic areas is appropriate. The Secretary
further believes this provision reflects congressional concern
regarding equitable distribution of services to geographic areas and
eligible populations that have been underserved by the program.
Changes: None.
What Selection Criteria Does the Secretary Use? (Section 647.21)
Comments: Several commenters questioned why the ``Need'' criterion
is based on the eligibility of students at the applicant institution
when the program legislation does not restrict an applicant's service
area to its own student population.
Discussion: The Secretary agrees that the ``Need'' criterion as
published could inadvertently restrict the applicant's service area.
Changes: Section 647.21(b) has been revised and reformatted to
appear as Sec. 647.21(a).
Comments: One commenter suggested that Sec. 647.21(c)(2) would be
strengthened by adding an objectives section, which would require the
inclusion of information on specific process and outcome objectives
relative to the purposes of the McNair program, their relevance in
addressing the needs of the target group, and their clarity and
attainability given the project budget and other resources.
Discussion: The Secretary has reviewed the proposed regulations and
determined that the inclusion of process and outcome objectives would
provide relevant information about the quality of the proposed project.
Further, to avoid duplication or overlap of information requested,
additional changes within the selection criteria have been made to
delete the criterion, ``Meeting the purpose of the McNair program,'' to
include a new criterion, ``Objectives,'' and to revise the criterion,
``Plan of Operation.'' Also included is a redistribution of the points
that may be earned under each criterion.
Changes: Section 647.21 (b) and (c) has been modified to include a
new criterion, ``Objectives,'' a revision of the ``Plan of Operation''
criterion, and a modification of the point distribution.
Comments: Several commenters suggested that Sec. 647.21(c)(2)
appeared to be overly restrictive by requesting information on time
commitments for all employees of the project rather than just those
designated as ``key'' personnel.
Discussion: As a result of the overall modification of the program
selection criteria, the Secretary has concentrated all personnel
concerns in Sec. 647.21(d) of the revised selection criteria.
Changes: Section 647.21 has been modified.
Comments: One commenter suggested that the ``Plan of Operation''
criterion failed to include language that mirrored section 402A(c)(6),
which encourages coordination among TRIO programs and other programs
for disadvantaged students regardless of their funding source.
Discussion: The Secretary is aware of the legislative language to
coordinate programs for disadvantaged students and agrees that it
should be addressed in the regulations. Therefore, the selection
criteria, specifically Sec. 647.21(c)(8), have been modified to include
a request for pertinent information regarding any planned coordination
activities.
Changes: Section 647.21(c)(2) has been redesignated as
Sec. 647.21(c)(8) and modified to include language requesting details
of planned coordination activities by the applicant.
Comments: Several commenters objected to the inclusion of fee
waivers or tuition waivers as requirements for funding consideration
and point assignment included in Sec. 647.21(e)(3).
Discussion: The Secretary has reviewed the pertinent section under
Sec. 647.21(e)(3) and has determined that the phrase in question is
appropriate. The waiving of fees is not required as a condition of
funding. Rather, the examples listed are but a few suggestions of the
many kinds of support that could be construed as positive in nature and
an indicator of institutional commitment.
Changes: None.
Comments: Several commenters questioned the requirement contained
in the proposed plan of operation (Sec. 647.21(c)(4)(i)), which states
that participants selected for the program be enrolled in programs of
study in which a doctorate degree is the terminal degree. It was the
consensus of the commenters that this language infers that students in
some pre-professional programs (such as law or medical technology)
might be ineligible for program participation.
Discussion: The Secretary has reviewed the criterion and the
language in question has been deleted due to the overall modification
of the plan of operation. However, it should be noted that the intent
of section 402A describes the purpose of the McNair program as one that
motivates and prepares students for doctoral programs. Thus, this may
preclude some fields of study that terminate at the master's level and
some preprofessional programs.
Changes: The plan of operation has been modified and the language
in question has been deleted.
Comments: One commenter questioned the failure of the selection
criteria to include the award considerations contained in section
402E(d)(3) of the HEA that called for consideration of students
enrolled in projects authorized under this ``section.''
Discussion: The reference in section 402E(d)(3) to this ``section''
refers to section 402E of the HEA, which is the section authorizing the
McNair Program. Therefore, since the only Federal TRIO Program that
serves students already enrolled in institutions of higher education is
the Student Support Services program, the Secretary has interpreted
that section as applying to the Student Support Services program and
has revised Sec. 647.21(c)(3) accordingly.
Changes: Section 647.21(c)(3) has been revised and redesignated as
Sec. 647.21(c)(1).
How Does the Secretary Evaluate Prior Experience? (Section 647.22)
Comments: One commenter suggested that the consideration of
information relevant to the previous five years of funding prior to the
fiscal year under funding consideration provided an insufficient time
frame to determine the relative success of projects in encouraging
students to enter doctoral study. The commenter suggested that seven to
ten years was a more accurate indicator of success in this area.
Discussion: The Secretary agrees that seven to ten years may
provide a more comprehensive picture of the success of a project's
endeavors to assure that students enter or complete a program of study
leading to a doctoral degree. However, for the purposes of prior
experience, the most recent years' experience of the project is
considered adequate, and thus the rationale for the five-year cap,
since that is the maximum grant award period allowed under current
legislation. To ensure the consistent application of this policy,
Sec. 647.22(a) has been revised to clearly state that the period to be
considered is the performance period under an expiring McNair grant.
Changes: Section 647.22(a) has been modified.
What are Allowable Costs? (Section 647.30)
Comments: Several commenters objected to the provision that
restricted the $2,400 stipend to the ``summer'' research internships.
They felt that this provision was overly restrictive and did not allow
the applicants flexibility in designing programs that most
appropriately meet the unique needs of the students to be served.
Discussion: The Secretary has reconsidered the provision that ties
the payment of the $2,400 stipend to summer research internships. The
Secretary will allow the payment of stipends for research internships
that take place other than in the summer.
Changes: Section 647.30(b) has been modified. Also, language has
been added to Sec. 647.30(c) to clarify that tuition, room and board,
and transportation costs are allowable only for summer internships
involving research.
What are Unallowable Costs? (Section 647.31)
Comments: Several commenters suggested that allowable costs should
include student fees for test preparation workshops, colloquia or other
courses that directly increase the likelihood of a student entering a
doctoral program.
Discussion: The Secretary disagrees with the commenters because
this payment would constitute a form of direct student aid that is not
allowed under this program except as provided for in Sec. 647.30. The
provision of the workshops, colloquia or courses under the project for
all interested participants is, however, allowable.
Changes: None.
What Other Requirements Must A Grantee Meet? (Section 647.32)
Comments: One commenter suggested that the phrase ``as a result of
the services'' be deleted from Sec. 647.32(b)(4) since the causal
connection between services and outcomes is often difficult to make.
Discussion: The Secretary agrees that the phrase in the proposed
regulations may cause an undue hardship on grantees to demonstrate that
such a relationship exists.
Changes: A change has been made in paragraph Sec. 647.32(b)(4) to
eliminate the phrase ``as a result of the services.''
Paperwork Reduction Act of 1980
Sections 647.21, 647.22, and 647.32 contain information collection
requirements. As required by the Paperwork Reduction Act of 1980, the
Department of Education will submit a copy of these sections to the
Office of Management and Budget (OMB) for its review. (44 U.S.C.
3504(h))
Institutions of higher education and combinations of those
institutions are eligible to apply for grants to carry out McNair
Program projects. The Department needs and uses the information to make
grants. Annual public reporting burden for this collection of
information is estimated to average 20 hours per response for 68
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.
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, D.C. 20503; Attention: Daniel J. Chenok.
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.
Assessment of Educational Impact
In the notice of proposed rulemaking, the Secretary requested
comments on whether the proposed regulations would require transmission
of information that is being gathered by or is available from any other
agency or authority of the United States.
Based on the response to the proposed rules and 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.
List of Subjects in 34 CFR Part 647
Colleges and universities, Disadvantaged students, Discretionary
grants, Educational programs, Graduate education, Reporting and
recordkeeping requirement.
Dated: August 17, 1994.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
(Catalog of Federal Domestic Assistance Number 84.217 Ronald E.
McNair Postbaccalaureate Achievement Program.
The Secretary amends Title 34 of the Code of Federal Regulations by
adding a new Part 647 to read as follows:
PART 647--RONALD E. MCNAIR POSTBACCALAUREATE ACHIEVEMENT PROGRAM
Subpart A--General
Sec.
647.1 What is the Ronald E. McNair Postbaccalaureate Achievement
Program?
647.2 Who is eligible for a grant?
647.3 Who is eligible to participate in a McNair project?
647.4 What activities and services may a project provide?
647.5 How long is a project period?
647.6 What regulations apply?
647.7 What definitions apply?
Subpart B--Assurances
647.10 What assurances must an applicant submit?
Subpart C--How Does the Secretary Make a Grant?
647.20 How does the Secretary decide which new grants to make?
647.21 What selection criteria does the Secretary use?
647.22 How does the Secretary evaluate prior experience?
647.23 How does the Secretary set the amount of a grant?
Subpart D--What Conditions Must Be Met by a Grantee?
647.30 What are allowable costs?
647.31 What are unallowable costs?
647.32 What other requirements must a grantee meet?
Authority: 20 U.S.C. 1070a-11 and 1070a-15, unless otherwise
noted.
Subpart A--General
Sec. 647.1 What is the Ronald E. McNair Postbaccalaureate Achievement
Program?
The Ronald E. McNair Postbaccalaureate Achievement Program--
referred to in these regulations as the McNair program--awards grants
to institutions of higher education for projects designed to provide
disadvantaged college students with effective preparation for doctoral
study.
(Authority: 20 U.S.C. 1070a-15)
Sec. 647.2 Who is eligible for a grant?
Institutions of higher education and combinations of those
institutions are eligible for grants to carry out McNair projects.
(Authority: 20 U.S.C. 1070a-11, 1070a-15, 1088, and 1141(a) and
1144a)
Sec. 647.3 Who is eligible to participate in a McNair project?
A student is eligible to participate in a McNair project if the
student meets all the following requirements:
(a) (1) Is a citizen or national of the United States; or
(2) Is a permanent resident of the United States; or
(3) Is in the United States for other than a temporary purpose and
provides evidence from the Immigration and Naturalization Service of
his or her intent to become a permanent resident; or
(4) Is a permanent resident of Guam, the Northern Mariana Islands,
or the Trust Territory of the Pacific Islands; or
(5) Is a resident of one of the Freely Associated States.
(b) Is currently enrolled in a degree program at an institution of
higher education that participates in the student financial assistance
programs authorized under Title IV of the HEA.
(c) Is--
(1) A low-income individual who is a first-generation college
student;
(2) A member of a group that is underrepresented in graduate
education; or
(3) A member of a group that is not listed in Sec. 647.7 if the
group is underrepresented in certain academic disciplines as documented
by standard statistical references or other national survey data
submitted to and accepted by the Secretary on a case-by-case basis.
(d) Has not enrolled in doctoral level study at an institution of
higher education.
(Authority: 20 U.S.C. 1070a-15)
Sec. 647.4 What activities and services may a project provide?
A McNair project may provide the following services and activities:
(a) Opportunities for research or other scholarly activities at the
grantee institution or at graduate centers that are designed to provide
participants with effective preparation for doctoral study.
(b) Summer internships.
(c) Seminars and other educational activities designed to prepare
participants for doctoral study.
(d) Tutoring.
(e) Academic counseling.
(f) Assistance to participants in securing admission to and
financial assistance for enrollment in graduate programs.
(g) Mentoring programs involving faculty members or students at
institutions of higher education, or any combination of faculty members
and students.
(h) Exposure to cultural events and academic programs not usually
available to project participants.
(Authority: 20 U.S.C. 1070a-15)
Sec. 647.5 How long is a project period?
(a) Except as provided in paragraph (b) of this section, a project
period under the McNair program is four years.
(b) The Secretary approves a project period of five years for
applications that score in the highest ten percent of all applications
approved for new grants under the criteria in Sec. 647.21.
(Authority: 20 U.S.C. 1070a-11)
Sec. 647.6 What regulations apply?
The following regulations apply to the McNair program:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR Part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations).
(2) 34 CFR Part 75 (Direct Grant Programs).
(3) 34 CFR Part 77 (Definitions that Apply to Department
Regulations).
(4) 34 CFR Part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR Part 82 (New Restrictions on Lobbying).
(6) 34 CFR Part 85 ((Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free
Workplace (Grants)).
(7) 34 CFR Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this Part 647.
(Authority: 20 U.S.C. 1070a-11 and 1070a-15)
Sec. 647.7 What definitions apply?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Budget
Budget Period
EDGAR
Equipment
Facilities
Fiscal Year
Grant
Grantee
Project
Project Period
Public
Secretary
Supplies
(b) Other definitions. The following definitions also apply to this
part:
First-generation college student means--
(1) A student neither of whose natural or adoptive parents received
a baccalaureate degree; or
(2) A student who, prior to the age of 18, regularly resided with
and received support from only one parent, and whose supporting parent
did not receive a baccalaureate degree.
(3) An individual who, prior to the age of 18, did not regularly
reside with or receive support from a natural or an adoptive parent.
Graduate center means an educational institution as defined in
sections 481, 1201(a), and 1204 of the HEA; and that--
(1) Provides instruction in one or more programs leading to a
doctoral degree;
(2) Maintains specialized library collections;
(3) Employs scholars engaged in research that relates to the
subject areas of the center; and
(4) Provides outreach and consultative services on a national,
regional or local basis.
Graduate education means studies beyond the bachelor's degree
leading to a postbaccalaureate degree.
HEA means the Higher Education Act of 1965, as amended.
Groups underrepresented in graduate education. The following ethnic
and racial groups are currently underrepresented in graduate education:
Black (non-Hispanic), Hispanic, and American Indian/Alaskan Native.
Institution of higher education means an educational institution as
defined in sections 481, 1201(a) and 1204 of the HEA.
Low-income individual means an individual whose family's taxable
income did not exceed 150 percent of the poverty level in the calendar
year preceding the year in which the individual participates in the
project. Poverty level income is determined by using criteria of
poverty established by the Bureau of the Census of the U.S. Department
of Commerce.
Summer internship means an educational experience in which
participants, under the guidance and direction of experienced faculty
researchers, are provided an opportunity to engage in research or other
scholarly activities.
Target population means the universe from which McNair participants
will be selected. The universe may be expressed in terms of geography,
type of institution, academic discipline, type of disadvantage, type of
underrepresentation, or any other qualifying descriptor that would
enable an applicant to more precisely identify the kinds of eligible
project participants they wish to serve.
(Authority: 20 U.S.C. 1070a-11, 1070a-15, and 1141)
Subpart B--Assurances
Sec. 647.10 What assurances must an applicant submit?
An applicant must submit as part of its application, assurances
that--
(a) Each participant enrolled in the project will be enrolled in a
degree program at an institution of higher education that participates
in one or more of the student financial assistance programs authorized
under Title IV of the HEA;
(b) Each participant given a summer research internship will have
completed his or her sophomore year of study; and
(c)(1) At least two thirds of the students to be served will be
low-income individuals who are first-generation college students; and
(2) The remaining students to be served will be members of groups
underrepresented in graduate education.
(Authority: 20 U.S.C. 1070a-15)
Subpart C--How Does the Secretary Make a Grant?
Sec. 647.20 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 an application on the basis of the
selection criteria in Sec. 647.21.
(ii) The maximum score for all the criteria in Sec. 647.21 is 100
points. The maximum score for each criterion is indicated in
parentheses with the criterion.
(2)(i) For an application from an applicant who has carried out a
McNair project in the fiscal year immediately preceding the fiscal year
for which the applicant is applying, the Secretary evaluates the
applicant's prior experience on the basis of the criteria in
Sec. 647.22.
(ii) The maximum score for all the criteria in Sec. 647.22 is
fifteen (15) points. The maximum score for each criterion is indicated
in parentheses with the criterion.
(iii) If an applicant described in paragraph (a)(2)(i) of this
section applies for more than one new grant in the same fiscal year,
the Secretary applies the criteria in Sec. 647.22 to a project that
seeks to continue support for an existing McNair project on that
campus.
(b) The Secretary makes new grants in rank order on the basis of
the total scores received by applications under paragraphs (a)(1)
through (a)(3) of this section.
(c)(1) If the total scores of two or more applications are the same
and there are insufficient funds for these applications after the
approval of higher-ranked applications, the Secretary uses the
remaining funds to achieve an equitable geographic distribution of all
new projects.
(2) In making an equitable geographic distribution of new projects,
the Secretary considers only the locations of new projects.
(d) The Secretary may decline to make a grant to an applicant that
carried out a Federal TRIO Program project that involved the fraudulent
use of funds.
(Authority: 20 U.S.C. 1070a-11 and 1070a-15)
Sec. 647.21 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an
application for a new grant:
(a) Need (16 Points). The Secretary reviews each application to
determine the extent to which the applicant can clearly and
definitively demonstrate the need for a McNair project to serve the
target population. In particular, the Secretary looks for information
that clearly defines the target population; describes the academic,
financial and other problems that prevent potentially eligible project
participants in the target population from completing baccalaureate
programs and continuing to postbaccalaureate programs; and demonstrates
that the project's target population is underrepresented in graduate
education, doctorate degrees conferred and careers where a doctorate is
a prerequisite.
(b) Objectives (9 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 the
purpose of the McNair program stated in Sec. 647.1;
(2) Address the needs of the target population; and
(3) Are measurable, ambitious, and attainable over the life of the
project.
(c) Plan of Operation (44 points). The Secretary reviews each
application to determine the quality of the applicant's plans of
operation, including--
(1) (4 points) The plan for identifying, recruiting and selecting
participants to be served by the project, including students enrolled
in the Student Support Services program;
(2) (4 points) The plan for assessing individual participant needs
and for monitoring the academic growth of participants during the
period in which the student is a McNair participant;
(3) (5 points) The plan for providing high quality research and
scholarly activities in which participants will be involved;
(4) (5 points) The plan for involving faculty members in the design
of research activities in which students will be involved;
(5) (5 points) The plan for providing internships, seminars, and
other educational activities designed to prepare undergraduate students
for doctoral study;
(6) (5 points) The plan for providing individual or group services
designed to enhance a student's successful entry into postbaccalaureate
education;
(7) (3 points) The plan to inform the institutional community of
the goals and objectives of the project;
(8) (8 points) The plan to ensure proper and efficient
administration of the project, including, but not limited to matters
such as financial management, student records management, personnel
management, the organizational structure, and the plan for coordinating
the McNair project with other programs for disadvantaged students; and
(9) (5 points) The follow-up plan that will be used to track the
academic and career accomplishments of participants after they are no
longer participating in the McNair project.
(d) Quality of key personnel (9 points). The Secretary evaluates
the quality of key personnel the applicant plans to use on the project
on the basis of the following:
(1)(i) The job qualifications of the project director.
(ii) The job qualifications of each of the project's other key
personnel.
(iii) The quality of the project's plan for employing highly
qualified persons, including the procedures to be used to employ
members of groups underrepresented in higher education, including
Blacks, Hispanics, American Indians, Alaska Natives, Asian Americans
and Pacific Islanders (including Native Hawaiians).
(2) In evaluating the qualifications of a person, the Secretary
considers his or her experience and training in fields related to the
objectives of the project.
(e) Adequacy of the resources and budget (15 points). The Secretary
evaluates the extent to which--
(1) The applicant's proposed allocation of resources in the budget
is clearly related to the objectives of the project;
(2) Project costs and resources, including facilities, equipment,
and supplies, are reasonable in relation to the objectives and scope of
the project; and
(3) The applicant's proposed commitment of institutional resources
to the McNair participants, as for example, the commitment of time from
institutional research faculty and the waiver of tuition and fees for
McNair participants engaged in summer research projects.
(f) Evaluation plan (7 points). The Secretary evaluates the quality
of the evaluation plan for the project on the basis of the extent to
which the applicant's methods of evaluation--
(1) Are appropriate to the project's objectives;
(2) Provide for the applicant to determine, in specific and
measurable ways, the success of the project in--
(i) Making progress toward achieving its objectives (a formative
evaluation); and
(ii) Achieving its objectives at the end of the project period (a
summative evaluation); and
(3) Provide for a description of other project outcomes, including
the use of quantifiable measures, if appropriate.
(Authority: 20 U.S.C. 1070a-15)
Sec. 647.22 How does the Secretary evaluate prior experience?
(a) The Secretary reviews information relating to an applicant's
performance as a grantee under its expiring McNair project. In addition
to the application under review, this information may be derived from
performance reports, audit reports, site visit reports, and project
evaluation reports received by the Secretary during the project period
about to be completed.
(b) The Secretary evaluates the applicant's performance as a
grantee on the basis of the following criteria:
(1) (3 points) Whether the applicant consistently served the number
and types of participants the project was funded to serve.
(2) (4 points) Whether the applicant was successful in providing
the participants with research and scholarly activities and whether
those activities had an impact on project participants.
(3) (8 points) The extent to which the applicant met or exceeded
its funded objectives with regard to project participants as
demonstrated by the number of participants who--
(i) Attained a baccalaureate degree;
(ii) Enrolled in a postbaccalaureate program; and
(iii) Attained a doctoral level degree.
(Authority: 20 U.S.C. 1070a-11 and 1070a-15)
Sec. 647.23 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) $190,000; 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. 647.30 What are allowable costs?
Allowable project costs, not specifically covered by 34 CFR Part
74, may include the following costs reasonably related to carrying out
a McNair project:
(a) Activities of an academic or scholarly nature, such as trips to
institutions of higher education offering doctoral programs, and
special lectures, symposia, and professional conferences, which have as
their purpose the encouragement and preparation of project participants
for doctoral studies.
(b) Stipends of up to $2,400 per year for students engaged in
research internships, provided that the student has completed the
sophomore year of study at an eligible institution before the
internship begins.
(c) Necessary tuition, room and board, and transportation for
students engaged in research internships during the summer.
(d) Purchase of computer hardware, computer software, or other
equipment for student development, project administration, and
recordkeeping, if the applicant demonstrates to the Secretary's
satisfaction that the equipment is required to meet the objectives of
the project more economically or efficiently.
Sec. 647.31 What are unallowable costs?
Costs that may not be charged against a grant under this program
include the following:
(a) Payment of tuition, stipends, test preparation and fees or any
other form of student financial support to staff or participants not
expressly allowed under Sec. 647.30.
(b) Construction, renovation, and remodeling of any facilities.
(Authority: 20 U.S.C. 1070a-5)
Sec. 647.32 What other requirements must a grantee meet?
(a) Eligibility of participants. (1) A grantee shall determine the
eligibility of each student before the student is selected to
participate. A grantee does not have to redetermine a student's
eligibility once the student has been determined eligible in accordance
with the provisions of Sec. 647.3; and
(2) A grantee shall determine the status of a low-income individual
on the basis of the documentation described in section 402A(e) of the
HEA.
(b) Recordkeeping. For each student, a grantee shall maintain a
record of--
(1) The basis for the grantee's determination that the student is
eligible to participate in the project under Sec. 647.3;
(2) The individual needs assessment;
(3) The services provided to the participant; and
(4) The specific educational progress made by the student during
and after participation in the project.
(c) Other reporting requirements. A grantee shall submit to the
Secretary reports and other information as requested in order to
demonstrate program effectiveness.
(d) Project director. A grantee shall designate a project director
who has--
(1) Authority to conduct the project effectively; and
(2) Appropriate professional qualifications, experience and
administrative skills to effectively fulfill the objectives of the
project.
(Authority: 20 U.S.C. 1070a-15)
[FR Doc. 94-20892 Filed 8-24-94; 8:45 am]
BILLING CODE 4000-01-P
