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Electronic Code of Federal Regulations

e-CFR Data is current as of August 27, 2014

Title 34Subtitle BChapter II → Part 272


Title 34: Education


PART 272—DESEGREGATION ASSISTANCE CENTER PROGRAM


Contents

Subpart A—General

§272.1   What is the Desegregation Assistance Center Program?
§272.2   Who is eligible to receive a grant under this program?
§272.3   What regulations apply to this program?
§272.4   What definitions apply to this program?

Subpart B—What Kinds of Activities Does the Secretary Fund Under This Program?

§272.10   What types of projects may be funded?
§272.11   Who may receive desegregation assistance under this program?
§272.12   What geographic regions do the DACs serve?

Subpart C [Reserved]

Subpart D—How Does the Secretary Make a Grant?

§272.30   What criteria does the Secretary use to make a grant?
§272.31   How does the Secretary evaluate an application for a grant?
§272.32   How does the Secretary determine the amount of a grant?

Subpart E—What Conditions Must Be Met by a Recipient of a Grant?

§272.40   What conditions must be met by a recipient of a grant?

Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5, unless otherwise noted.

Source: 52 FR 24965, July 1, 1987, unless otherwise noted.

Subpart A—General

§272.1   What is the Desegregation Assistance Center Program?

This program provides financial assistance to operate regional Desegregation Assistance Centers (DACs), to enable them to provide technical assistance (including training) at the request of school boards and other responsible governmental agencies in the preparation, adoption, and implementation of plans for the desegregation of public schools, and in the development of effective methods of copying with special educational problems occasioned by desegregation.

(Authority: 42 U.S.C. 2000c-2)

§272.2   Who is eligible to receive a grant under this program?

A public agency (other than a State educational agency or a school board) or private, nonprofit organization is eligible to receive a grant under this program.

(Authority: 42 U.S.C. 2000c-2)

§272.3   What regulations apply to this program?

The following regulations apply to the DAC program:

(a) The regulations in 34 CFR part 270.

(b) The regulations in this part.

(Authority: 42 U.S.C. 2000c-2)

§272.4   What definitions apply to this program?

The definitions in 34 CFR 270.3 apply to the DAC program.

(Authority: 42 U.S.C. 2000c-2)

Subpart B—What Kinds of Activities Does the Secretary Fund Under This Program?

§272.10   What types of projects may be funded?

(a) The Secretary may award funds to DACs for projects offering technical assistance (including training) to school boards and other responsible governmental agencies, at their request, for assistance in the preparation, adoption, and implementation of desegregation plans.

(b) A project must provide technical assistance in all three of the desegregation assistance areas, as defined in 34 CFR 270.3.

(c) Desegregation assistance may include, among other activities:

(1) Dissemination of information regarding effective methods of coping with special educational problems occasioned by desegregation;

(2) Assistance and advice in coping with these problems; and

(3) Training designed to improve the ability of teachers, supervisors, counselors, parents, community members, and other elementary or secondary school personnel to deal effectively with special educational problems occasioned by desegregation.

(Authority: 42 U.S.C. 2000c-2)

§272.11   Who may receive desegregation assistance under this program?

(a) The recipient of a grant under this part may provide assistance only if requested by school boards and other responsible governmental agencies located in its geographical service area.

(b) The recipient may provide assistance only to the following persons:

(1) Public school personnel.

(2) Students enrolled in public schools, parents of those students, and other community members.

(Authority: 42 U.S.C. 2000c-2)

§272.12   What geographic regions do the DACs serve?

The Secretary awards a grant to provide race, sex, and national origin desegregation assistance under this program in each of the following geographic regions:

(a) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont.

(b) New York, New Jersey, Puerto Rico, Virgin Islands.

(c) Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia.

(d) Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee.

(e) Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.

(f) Arkansas, Louisiana, New Mexico, Oklahoma, Texas.

(g) Iowa, Kansas, Missouri, Nebraska.

(h) Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming.

(i) Arizona, California, Nevada.

(j) Alaska, American Samoa, Guam, Hawaii, Idaho, Northern Mariana Islands, Oregon, Trust Territory of the Pacific Islands, Washington.

(Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

Subpart C [Reserved]

Subpart D—How Does the Secretary Make a Grant?

§272.30   What criteria does the Secretary use to make a grant?

The Secretary uses the following criteria to evaluate applications for DAC grants.

(a) Mission and strategy. (30 points) The Secretary reviews each application to determine the extent to which the applicant understands effective practices for addressing problems in each of the desegregation assistance areas, including the extent to which the applicant:

(1) Understands the mission of the proposed DAC;

(2) Is familiar with relevant research, theory, materials, and training models;

(3) Is familiar with the types of problems that arise in each of the desegregation assistance areas;

(4) Is familiar with relevant strategies for technical assistance and training; and

(5) Is familiar with the desegregation needs of responsible governmental agencies in its designated region.

(b) Organizational capability. (15 points) The Secretary reviews each application to determine the ability of the applicant to sustain a long-term, high-quality, and coherent program of technical assistance and training, including the extent to which the applicant:

(1) Demonstrates the commitment to provide the services of appropriate faculty or staff members from its organization;

(2) Selects project staff with an appropriate mixture of scholarly and practitioner backgrounds; and

(3) Has had past successes in rendering technical assistance and training in the desegregation assistance areas, including collaborating with other individuals and organizations.

(c) Plan of operation. (25 points) The Secretary reviews each application to determine the quality of the plan of operation for the project, including the extent to which:

(1) The design of the project is of high quality;

(2) The plan of management ensures proper and efficient administration of the project;

(3) The applicant plans to use its resources and personnel effectively to achieve each objective; and

(4) The applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, sex, age, or handicapping condition.

(d) Quality of key personnel. (15 points)

(1) The Secretary reviews each application to determine the qualifications of the key personnel that the applicant plans to use on the project, including:

(i) The qualifications of the project director;

(ii) The qualifications of the other key personnel to be used in the project;

(iii) The time that each person referred to in paragraphs (d)(1) (i) and (ii) of this section will commit to the project; and

(iv) How the applicant, as part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or handicapping condition.

(2) To determine personnel qualifications, under paragraphs (d)(1) (i) and (ii) of this section, the Secretary considers:

(i) Experience and training in fields related to the objectives of the project; and

(ii) Any other qualifications that pertain to the quality of the project.

(e) Budget and cost effectiveness. (5 points) The Secretary reviews each application to determine the extent to which:

(1) The budget for the project is adequate to support the project activities; and

(2) Costs are reasonable in relation to the objectives of the project.

(f) Evaluation plan. (5 points) The Secretary reviews each application to determine the quality of the evaluation plan for the project, including the extent to which the methods of evaluation:

(1) Are appropriate for the project; and

(2) To the extent possible, are objective and produce data that are quantifiable.

(g) Adequacy of resources. (5 points) The Secretary reviews each application to determine the adequacy of the resources that the applicant plans to devote to the project, including facilities, equipment, and supplies.

(Approved by the Office of Management and Budget under control number 1810-0517)

(Authority: 42 U.S.C. 2000c-2)

§272.31   How does the Secretary evaluate an application for a grant?

(a) The Secretary evaluates the application on the basis of the criteria in §272.30.

(b) The Secretary selects the highest ranking application for each geographical service area to receive a grant.

(Authority: 42 U.S.C. 2000c-2)

§272.32   How does the Secretary determine the amount of a grant?

The Secretary determines the amount of a grant on the basis of:

(a) The amount of funds available for all grants under this part;

(b) A cost analysis of the project (that shows whether the applicant will achieve the objectives of the project with reasonable efficiency and economy under the budget in the application), by which the Secretary:

(1) Verifies the cost data in the detailed budget for the project;

(2) Evaluates specific elements of costs; and

(3) Examines costs to determine if they are necessary, reasonable, and allowable under applicable statutes and regulations;

(c) The magnitude of the expected needs or responsible governmental agencies for desegregation assistance in the geographic region, and the cost of providing that assistance to meet those needs, as compared with the magnitude of the expected needs for desegregation assistance, and the cost of providing it, in all geographic regions for which applications are approved for funding;

(d) The size and the racial or ethnic diversity of the student population of the geographic region for which the DAC will provide services; and

(e) Any other information concerning desegregation problems and proposed activities that the Secretary finds relevant in the applicant's geographic region.

(Authority: 42 U.S.C. 2000c-2)

Subpart E—What Conditions Must Be Met by a Recipient of a Grant?

§272.40   What conditions must be met by a recipient of a grant?

A recipient of a grant under this part must:

(a) Operate a DAC in the geographic region to be served;

(b) Have a full-time project director; and

(c) Coordinate assistance in its geographic region with appropriate SEAs funded under 34 CFR part 271. As part of this coordination, the recipient shall develop plans to prevent duplication of assistance when a responsible governmental agency requests assistance from both the DAC and the appropriate SEA.

(Authority: 42 U.S.C. 2000c-2)



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