20 USC 1070a-11 - Program authority; authorization of appropriations

U.S Code last checked for updates: Nov 24, 2024

§ 1070a–11.

Program authority; authorization of appropriations

(a)

Grants and contracts authorized

(b)

Recipients, duration, and size

(1)

Recipients

(2)

Duration

Grants or contracts made under this division shall be awarded for a period of 5 years, except that—

(A)

in order to synchronize the awarding of grants for programs under this division, the Secretary may, under such terms as are consistent with the purposes of this division, provide a one-time, limited extension of the length of such an award;

(B)

grants made under section 1070a–17 of this title shall be awarded for a period of 2 years; and

(C)

grants under section 1070a–18 of this title shall be awarded for a period determined by the Secretary.

(3)

Minimum grants

(c)

Procedures for awarding grants and contracts

(1)

Application requirements

(2)

Considerations

(A)

Prior experience

(B)

Participant need

(3)

Order of awards; program fraud

(A)

Except with respect to grants made under sections 1070a–17 and 1070a–18 of this title and as provided in subparagraph (B), the Secretary shall award grants and contracts under this division in the order of the scores received by the application for such grant or contract in the peer review process required under paragraph (4) and adjusted for prior experience in accordance with paragraph (2) of this subsection.

(B)

The Secretary shall not provide assistance to a program otherwise eligible for assistance under this division, if the Secretary has determined that such program has involved the fraudulent use of funds under this division.

(4)

Peer review process

(A)

The Secretary shall ensure that, to the extent practicable, members of groups underrepresented in higher education, including African Americans, Hispanics, Native Americans, Alaska Natives, Asian Americans, and Native American Pacific Islanders (including Native Hawaiians), are represented as readers of applications submitted under this division. The Secretary shall also ensure that persons from urban and rural backgrounds are represented as readers.

(B)

The Secretary shall ensure that each application submitted under this division is read by at least three readers who are not employees of the Federal Government (other than as readers of applications).

(5)

Number of applications for grants and contracts

(6)

Coordination with other programs for disadvantaged students

(7)

Application status

(8)

Review and notification by the Secretary

(A)

Guidance

Not later than 180 days after August 14, 2008, the Secretary shall issue nonregulatory guidance regarding the rights and responsibilities of applicants with respect to the application and evaluation process for programs and projects assisted under this division, including applicant access to peer review comments. The guidance shall describe the procedures for the submission, processing, and scoring of applications for grants under this division, including—

(i)

the responsibility of applicants to submit materials in a timely manner and in accordance with the processes established by the Secretary under the authority of the General Education Provisions Act [20 U.S.C. 1221 et seq.];

(ii)

steps the Secretary will take to ensure that the materials submitted by applicants are processed in a proper and timely manner;

(iii)

steps the Secretary will take to ensure that prior experience points for high quality service delivery are awarded in an accurate and transparent manner;

(iv)

steps the Secretary will take to ensure the quality and integrity of the peer review process, including assurances that peer reviewers will consider applications for grants under this division in a thorough and complete manner consistent with applicable Federal law; and

(v)

steps the Secretary will take to ensure that the final score of an application, including prior experience points for high quality service delivery and points awarded through the peer review process, is determined in an accurate and transparent manner.

(B)

Updated guidance

(C)

Review

(i)

In general

With respect to any competition for a grant under this division, an applicant may request a review by the Secretary if the applicant—

(I)

has evidence of a specific technical, administrative, or scoring error made by the Department, an agent of the Department, or a peer reviewer, with respect to the scoring or processing of a submitted application; and

(II)

has otherwise met all of the requirements for submission of the application.

(ii)

Technical or administrative error

(iii)

Scoring error

In the case of evidence of a scoring error listed in clause (i)(I), when the error relates to either prior experience points for high quality service delivery or to the final score of an application, the Secretary shall—

(I)

review such evidence and provide a timely response to the applicant; and

(II)

if the Secretary determines that a scoring error was made by the Department or a peer reviewer, adjust the prior experience points or final score of the application appropriately and quickly, so as not to interfere with the timely awarding of grants for the applicable grant competition.

(iv)

Error in peer review process

(I)

Referral to secondary review

(II)

Timely review; replacement score

(III)

Composition of secondary review panel

The secondary review panel shall be composed of reviewers each of whom—

(aa)

did not review the application in the original peer review;

(bb)

is a member of the cohort of peer reviewers for the grant program that is the subject of such secondary review; and

(cc)

to extent practicable, has conducted peer reviews in not less than two previous competitions for the grant program that is the subject of such secondary review.

(IV)

Final score

(V)

Qualification for secondary review

To qualify for a secondary review under this clause, an applicant shall have evidence of a scoring error and demonstrate that—

(aa)

points were withheld for criteria not required in statute, regulation, or guidance governing the Federal TRIO programs or the application for a grant for such programs; or

(bb)

information pertaining to selection criteria was wrongly determined to be missing from the application.

(v)

Finality

(I)

In general

(II)

Scoring

(vi)

Funding of applications with certain adjusted scores

(d)

Outreach

(1)

In general

(2)

Notice

(3)

Technical assistance

(4)

Special rule

(e)

Documentation of status as a low-income individual

(1)

Except in the case of an independent student, as defined in section 1087vv(d) of this title

(A)

a signed statement from the individual’s parent or legal guardian;

(B)

verification from another governmental source;

(C)

a signed financial aid application; or

(D)

a signed United States or Puerto Rico income tax return.

(2)

In the case of an independent student, as defined in section 1087vv(d) of this title, documentation of an individual’s status pursuant to subsection (h)(4) shall be made by providing the Secretary with—

(A)

a signed statement from the individual;

(B)

verification from another governmental source;

(C)

a signed financial aid application; or

(D)

a signed United States or Puerto Rico income tax return.

(3)

Notwithstanding this subsection and subsection (h)(4), individuals who are foster care youth (including youth in foster care and youth who have left foster care after reaching age 13), or homeless children and youths as defined in section 11434a of title 42, shall be eligible to participate in programs under sections 1070a–12, 1070a–13, 1070a–14, and 1070a–16 of this title.

(f)

Outcome criteria

(1)

Use for prior experience determination

(2)

Disaggregation of relevant data

(3)

Contents of outcome criteria

The outcome criteria under this subsection shall measure, annually and for longer periods, the quality and effectiveness of programs authorized under this division and shall include the following:

(A)

For programs authorized under section 1070a–12 of this title, the extent to which the eligible entity met or exceeded the entity’s objectives established in the entity’s application for such program regarding—

(i)

the delivery of service to a total number of students served by the program;

(ii)

the continued secondary school enrollment of such students;

(iii)

the graduation of such students from secondary school with a regular secondary school diploma in the standard number of years;

(iv)

the completion by such students of a rigorous secondary school program of study that will make such students eligible for programs such as the Academic Competitiveness Grants Program;

(v)

the enrollment of such students in an institution of higher education; and

(vi)

to the extent practicable, the postsecondary education completion of such students.

(B)

For programs authorized under section 1070a–13 of this title, the extent to which the eligible entity met or exceeded the entity’s objectives for such program regarding—

(i)

the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period;

(ii)

such students’ school performance, as measured by the grade point average, or its equivalent;

(iii)

such students’ academic performance, as measured by standardized tests, including tests required by the students’ State;

(iv)

the retention in, and graduation from, secondary school of such students;

(v)

the completion by such students of a rigorous secondary school program of study that will make such students eligible for programs such as the Academic Competitiveness Grants Program;

(vi)

the enrollment of such students in an institution of higher education; and

(vii)

to the extent practicable, the postsecondary education completion of such students.

(C)

For programs authorized under section 1070a–14 of this title—

(i)

the extent to which the eligible entity met or exceeded the entity’s objectives regarding the retention in postsecondary education of the students served by the program;

(ii)

(I)

in the case of an entity that is an institution of higher education offering a baccalaureate degree, the extent to which the entity met or exceeded the entity’s objectives regarding the percentage of such students’ completion of the degree programs in which such students were enrolled; or

(II)

in the case of an entity that is an institution of higher education that does not offer a baccalaureate degree, the extent to which such students met or exceeded the entity’s objectives regarding—

(aa)

the completion of a degree or certificate by such students; and

(bb)

the transfer of such students to institutions of higher education that offer baccalaureate degrees;

(iii)

the extent to which the entity met or exceeded the entity’s objectives regarding the delivery of service to a total number of students, as agreed upon by the entity and the Secretary for the period; and

(iv)

the extent to which the entity met or exceeded the entity’s objectives regarding the students served under the program who remain in good academic standing.

(D)

For programs authorized under section 1070a–15 of this title, the extent to which the entity met or exceeded the entity’s objectives for such program regarding—

(i)

the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period;

(ii)

the provision of appropriate scholarly and research activities for the students served by the program;

(iii)

the acceptance and enrollment of such students in graduate programs; and

(iv)

the continued enrollment of such students in graduate study and the attainment of doctoral degrees by former program participants.

(E)

For programs authorized under section 1070a–16 of this title, the extent to which the entity met or exceeded the entity’s objectives for such program regarding—

(i)

the enrollment of students without a secondary school diploma or its recognized equivalent, who were served by the program, in programs leading to such diploma or equivalent;

(ii)

the enrollment of secondary school graduates who were served by the program in programs of postsecondary education;

(iii)

the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period; and

(iv)

the provision of assistance to students served by the program in completing financial aid applications and college admission applications.

(4)

Measurement of progress

(g)

Authorization of appropriations

(h)

Definitions

For the purpose of this division:

(1)

Different campus

The term “different campus” means a site of an institution of higher education that—

(A)

is geographically apart from the main campus of the institution;

(B)

is permanent in nature; and

(C)

offers courses in educational programs leading to a degree, certificate, or other recognized educational credential.

(2)

Different population

The term “different population” means a group of individuals that an eligible entity desires to serve through an application for a grant under this division, and that—

(A)

is separate and distinct from any other population that the entity has applied for a grant under this division to serve; or

(B)

while sharing some of the same needs as another population that the eligible entity has applied for a grant under this division to serve, has distinct needs for specialized services.

(3)

First generation college student

The term “first generation college student” means—

(A)

an individual both of whose parents did not complete a baccalaureate degree; or

(B)

in the case of any individual who regularly resided with and received support from only one parent, an individual whose only such parent did not complete a baccalaureate degree.

(4)

Low-income individual

(5)

Veteran eligibility

No veteran shall be deemed ineligible to participate in any program under this division by reason of such individual’s age who—

(A)

served on active duty for a period of more than 180 days and was discharged or released therefrom under conditions other than dishonorable;

(B)

served on active duty and was discharged or released therefrom because of a service connected disability;

(C)

was a member of a reserve component of the Armed Forces called to active duty for a period of more than 30 days; or

(D)

was a member of a reserve component of the Armed Forces who served on active duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) on or after September 11, 2001.

(6)

Waiver

(Pub. L. 89–329, title IV, § 402A, as added Pub. L. 102–325, title IV, § 402(a)(4), July 23, 1992, 106 Stat. 482; amended Pub. L. 103–208, § 2(b)(6)–(9), Dec. 20, 1993, 107 Stat. 2458; Pub. L. 105–244, title I, § 102(b)(1), title IV, § 402(a), Oct. 7, 1998, 112 Stat. 1622, 1652; Pub. L. 110–315, title IV, § 403(a), Aug. 14, 2008, 122 Stat. 3191; Pub. L. 111–39, title IV, § 401(a)(4), July 1, 2009, 123 Stat. 1938.)

cite as: 20 USC 1070a-11