Download the Code of Federal Regulations in XML.
The Electronic Code of Federal Regulations (e-CFR) is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments produced by the National Archives and Records Administration's Office of the Federal Register (OFR) and the Government Publishing Office.
Parallel Table of Authorities and Rules for the Code of Federal Regulations and the United States Code
Text | PDF
Find, review, and submit comments on Federal rules that are open for comment and published in the Federal Register using Regulations.gov.
Purchase individual CFR titles from the U.S. Government Online Bookstore.
Find issues of the CFR (including issues prior to 1996) at a local Federal depository library.
Electronic Code of Federal Regulations
§427.21 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria to evaluate an application:
(a) Need. (15 points) The Secretary reviews each application for specific information that shows the need for the proposed bilingual vocational training project in the local geographic area, including—
(1) The employment training need of limited English proficient individuals to be met;
(2) The labor market need to be met; and
(3) The relationship of the proposed project to other employment training programs in the community.
(b) Plan of operation. (15 points) (1) The Secretary reviews each application to determine the extent to which the project proposes measurable goals for student enrollment, completion, and placement and describes how the applicant sets the goals taking into consideration the standards and measures for JOBS programs and JTPA programs and any standards set by the State Board established under section 111 of the Act for the occupation and geographic area.
(2) The Secretary reviews each application to determine the extent to which the project defines successful program completion (or describes how successful program completion will be defined and reported to the Secretary) in a way consistent with the goals of the program for each occupation for which training is to be provided.
(3)(i) The Secretary reviews each application for specific information that, upon completion of their training, more than 65 percent of the trainees will be employed in jobs (including military specialties) related to their training, or will be enrolled for further training related to their training under this program. This information must correspond to the information described in paragraph (a) of this section.
(ii) The estimated job placement rate must be supported by past records, actual employer job commitments, anticipated job openings, or other pertinent information.
(4) The Secretary reviews each application for an effective plan of management that ensures proper and efficient administration of the project, including—
(i) Clearly defined project objectives that relate to the purpose of the Bilingual Vocational Training Program;
(ii) For each objective, the specific tasks to be performed in order to achieve the specified project objective;
(iii) How the applicant plans to use its resources and personnel to achieve each objective; and
(iv) If the applicant plans to use a project advisory committee, a clear plan for using a project advisory committee to assist in project development, to review curriculum materials, and to make recommendations about job placements.
(c) Program factors. (20 points) (1) The Secretary reviews each application to determine the quality of training to be provided, including—
(i) Provision of vocational skills instruction in English and the trainees' native languages;
(ii) Provision of job-related English-as-a-second language instruction;
(iii) Coordination of the job-related English-as-a-second language instruction with the vocational skills instruction;
(iv) Recruitment procedures that are targeted towards limited English proficient out-of-school youth and adults who have the greatest need for bilingual vocational training;
(v) Assessment procedures that evaluate the language and vocational training needs of the trainees;
(vi) Provision of counseling activities and employability skills instruction that prepare trainees for employment in an English language environment; and
(vii) Job development and job placement procedures that provide opportunities for career advancement or entrepreneurship.
(2) The Secretary reviews each application to determine the project's potential to have a lasting impact in the local geographic area, including the potential impact of the project on—
(i) Program participants;
(ii) The agency or agencies responsible for administering the bilingual vocational training program;
(iii) Other employment training services in the local area; and
(iv) The community.
(d) Key personnel. (10 points) (1) The Secretary reviews each application to determine the quality of key personnel the applicant plans to use on the project, including—
(i) The qualifications of the director and other key personnel to be used in the project;
(ii) The appropriateness of the time that each person referred to in paragraph (d)(1)(i) of this section will commit to the project; and
(iii) How the applicant, as part of its nondiscriminatory employment practices, will ensure that personnel will be selected without regard to race, color, national origin, gender, age, or disability.
(2) To determine personnel qualifications under paragraph (d)(1)(i) of this section, the Secretary considers—
(i) Experience and training in fields related to the objectives of the project;
(ii) Experience and training in project management; and
(iii) 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 is sufficient to support the proposed project, and that it represents a cost effective use of Bilingual Vocational Training Program funds;
(2) Costs are necessary and reasonable in relation to the objectives of the proposed project; and
(3) The facilities, equipment, and supplies that the applicant plans to use are adequate for the proposed project.
(f) Evaluation plan. (10 points) The Secretary reviews each application to determine the quality of the project's evaluation plan, including the extent to which the plan—
(1) Is clearly explained and appropriate for the project;
(2) Identifies at a minimum, types of data to be collected and reported with respect to the English-language competencies and academic and vocational competencies demonstrated by participants and the number and kinds of academic and work credentials acquired by individuals who complete the training;
(3) Identifies at a minimum, types of data to be collected and reported with respect to enrollment, completion, and placement of participants by sex, racial or ethnic group, socio-economic status, and if appropriate, by level of English proficiency, for each occupation for which training is provided;
(4) Includes activities during the formative stages of the project to help guide and improve the project, as well as a summative evaluation that includes recommendations for replicating project activities and results; and
(5) Makes use of an external evaluator.
(g) Demonstration and dissemination. (10 points) The Secretary reviews each application for information to determine the effectiveness and efficiency of the plan for demonstrating and disseminating information about project activities and results throughout the project period, including—
(1) High quality in the design of the demonstration and dissemination plan and procedures for evaluating the effectiveness of the dissemination plan;
(2) Provisions for publicizing the project at the local, State, and national levels by conducting or delivering presentations at conferences, workshops, and other professional meetings and by preparing materials for journal articles, newsletters, and brochures;
(3) Provisions for making available the methods and techniques used by the project to others interested in replicating these methods and techniques, such as by inviting them to observe project activities;
(4) A description of the types of materials the applicant plans to make available to help others replicate project activities and the methods for making the materials available; and
(5) Provisions for assisting others to adopt and successfully implement the project or methods and techniques used by the project.
(Approved by the Office of Management and Budget under Control No. 1830-0013)
(Authority: 20 U.S.C. 2441(a))