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20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 75.263 also issued under 2 CFR 200.308(e)(1). Section 75.617 also issued under 31 U.S.C. 3504, 3505. See Part 75 for more
45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.
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Sections 75.216 through 75.222 describe the process the Secretary uses to select applications for new grants. All these sections apply to a discretionary grant program. However, only § 75.216 applies also to a formula grant program. (See § 75.1(b) Discretionary grant programs, § 75.1(c) Formula grant programs, and § 75.200, How applications for new discretionary grants and cooperative agreements are selected for funding; standards for use of cooperative agreements.)
[89 FR 70326, Aug. 29, 2024]
The Secretary may choose not to evaluate an application if—
(a) The applicant does not comply with all of the procedural rules that govern the submission of the application; or
(b) The application does not contain the information required under the program.
[89 FR 70326, Aug. 29, 2024]
(a) The Secretary selects applications for new grants on the basis of applicable statutes and regulations, the selection criteria, and any priorities or other requirements that have been published in the Federal Register and apply to the selection of those applications.
(b)
(1) The Secretary may use experts to evaluate the applications submitted under a program.
(2) These experts may include persons who are not employees of the Federal Government.
(c) The Secretary prepares a rank order of the applications based on the evaluation of their quality according to the selection criteria and any competitive preference points.
(d) The Secretary then determines the order in which applications will be selected for grants. The Secretary considers the following in making these determinations:
(1) The information in each application.
(2) The rank ordering of the applications.
(3) Any other information—
(i) Relevant to a criterion, priority, or other requirement that applies to the selection of applications for new grants;
(ii) Concerning the applicant's performance and use of funds under a previous award under any Department program; and
(iii) Concerning the applicant's failure under any Department program to submit a performance report or its submission of a performance report of unacceptable quality.
[52 FR 27804, July 24, 1987, as amended at 62 FR 4167, Jan. 29, 1997; 89 FR 70322, Aug. 29, 2024]
(a) The Secretary informs an applicant if its application—
(1) Is not evaluated; or
(2) Is not selected for funding.
(b) If an applicant requests an explanation of the reason its application was not evaluated or selected, the Secretary provides that explanation.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[57 FR 30338, July 8, 1992]
The Secretary may select an application for funding without following the procedures in § 75.217 if:
(a) The objectives of the project cannot be achieved unless the Secretary makes the grant before the date grants can be made under the procedures in § 75.217;
(b)
(1) The application was submitted under the program's preceding competition;
(2) The application was not selected for funding because the application was mishandled or improperly processed by the Department; and
(3) The application has been rated highly enough to deserve selection under § 75.217; or
(c) The Secretary receives an unsolicited application that meets the requirements of § 75.222.
[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27804, July 24, 1987; 60 FR 12096, Mar. 3, 1995; 89 FR 70326, Aug. 29, 2024]
If the special circumstances of § 75.219(a) appear to exist for an application, the Secretary uses the following procedures:
(a) The Secretary assembles a board to review the application.
(b) The board consists of:
(1) A program officer of the program under which the applicant wants a grant;
(2) An employee from the Office of Finance and Operations (OFO) with responsibility for grant policy; and
(3) A Department employee who is not a program officer of the program but who is qualified to evaluate the application.
(c) The board reviews the application to decide if:
(1) The special circumstances under § 75.219(a) are satisfied;
(2) The application rates high enough, based on the selection criteria, priorities, and other requirements that apply to the program, to deserve selection; and
(3) Selection of the application will not have an adverse impact on the budget of the program.
(d) The board forwards the results of its review to the Secretary.
(e) If each of the conditions in paragraph (c) of this section is satisfied, the Secretary may select the application for funding.
(f) Even if the Secretary does not select the application for funding, the applicant may submit its application under the procedures in Subpart C of this part.
[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86297, Dec. 30, 1980; 64 FR 50391, Sept. 16, 1999; 89 FR 70326, Aug. 29, 2024]
If the Secretary has documentary evidence that the special circumstances of § 75.219(b) exist for an application, the Secretary may select the application for funding.
[89 FR 70326, Aug. 29, 2024]
If the Secretary receives an unsolicited application, the Secretary may consider the application under the following procedures unless the Secretary has published a notice in the Federal Register stating that the program that would fund the application would not consider unsolicited applications:
(a)
(1) The Secretary determines whether the application could be funded under a competition planned or conducted for the fiscal year for which funds would be used to fund the application.
(2)
(i) If the application could be funded under a competition described in paragraph (a)(1) of this section and the deadline for submission of applications has not passed, the Secretary refers the application to the appropriate competition for consideration under the procedures in § 75.217.
(ii)
(A) If the application could have been funded under a competition described in paragraph (a)(1) of this section and the deadline for submission of applications has passed, the Secretary may consider the application only in exceptional circumstances, as determined by the Secretary.
(B) If the Secretary considers an application under paragraph (a)(2)(ii)(A) of this section, the Secretary considers the application under paragraphs (b) through (e) of this section.
(iii) If the application could not be funded under a competition described in paragraph (a)(1) of this section, the Secretary considers the application under paragraphs (b) through (e) of this section.
(b) If an application may be considered under paragraphs (a)(2)(ii) or (iii) of this section, the Secretary determines if—
(1) There is a substantial likelihood that the application is of exceptional quality and national significance for a program administered by the Department;
(2) The application meets the requirements of all applicable statutes and regulations that apply to the program; and
(3) Selection of the project will not have an adverse impact on the funds available for other awards planned for the program.
(c) If the Secretary determines that the criteria in paragraph (b) of this section have been met, the Secretary assembles a panel of experts that does not include any employees of the Department to review the application.
(d) The experts—
(1) Evaluate the application based on the selection criteria; and
(2) Determine whether the application is of such exceptional quality and national significance that it should be funded as an unsolicited application.
(e) If the experts highly rate the application and determine that the application is of such exceptional quality and national significance that it should be funded as an unsolicited application, the Secretary may fund the application.
To ensure prompt consideration, an applicant submitting an unsolicited application should send the application, marked “Unsolicited Application” on the outside, to U.S. Department of Education, OFO/G6 Functional Application Team, Mail Stop 5C231, 400 Maryland Avenue SW, Washington, DC 20202-4260.
[60 FR 12096, Mar. 3, 1995, as amended at 89 FR 70326, Aug. 29, 2024]
(a) The Secretary may use a multiple tier review process to evaluate applications.
(b) The Secretary may refuse to review applications in any tier that do not meet a minimum cut-off score established for the prior tier.
(c) The Secretary may establish the minimum cut-off score—
(1) In the application notice published in the Federal Register; or
(2) After reviewing the applications to determine the overall range in the quality of applications received.
(d) The Secretary may, in any tier—
(1) Use more than one group of experts to gain different perspectives on an application; and
(2) Refuse to consider an application if the application is rejected under paragraph (b) of this section by any one of the groups used in the prior tier.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[66 FR 60138, Nov. 30, 2001]
(a) If the Secretary determines that special consideration of new potential grantees is appropriate, the Secretary may: provide competitive preference to applicants that meet one or more of the conditions in paragraph (b) of this section; or provide special consideration for new potential grantees by establishing one competition for those applicants that meet one or more of the conditions in paragraph (b) of this section and a separate competition for applicants that meet the corresponding conditions in paragraph (c) of this section.
(b) As used in this section, “new potential grantee” means an applicant that meets one or more of the following conditions—
(1) The applicant has never received a grant or cooperative agreement, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129 that received a grant or cooperative agreement, under the program from which it seeks funds;
(2) The applicant does not, as of the deadline date for submission of applications, have an active grant or cooperative agreement, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129 that has an active grant or cooperative agreement, under the program from which it seeks funds;
(3) The applicant has not had an active discretionary grant or cooperative agreement under the program from which it seeks funds, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129, within one of the following number of years before the deadline date for submission of applications under the program:
(i) 1 year;
(ii) 2 years;
(iii) 3 years;
(iv) 4 years;
(v) 5 years;
(vi) 6 years; or
(vii) 7 years;
(4) The applicant has not had an active discretionary grant or cooperative agreement from the Department, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129, within one of the following number of years before the deadline date for submission of applications under the program from which it seeks funds:
(i) 1 year;
(ii) 2 years;
(iii) 3 years;
(iv) 4 years;
(v) 5 years;
(vi) 6 years; or
(vii) 7 years;
(5) The applicant has not had an active contract from the Department within one of the following number of years before the deadline date for submission of applications under the program for which it seeks funds:
(i) 1 year;
(ii) 2 years;
(iii) 3 years;
(iv) 4 years;
(v) 5 years;
(vi) 6 years; or
(vii) 7 years; or
(6) Any combination of paragraphs (b)(1) through (5) of this section.
(c) As used in this section, an “application from a grantee that is not a new potential grantee” means an applicant that meets one or more of the following conditions—
(1) The applicant has received a grant or cooperative agreement, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129 that received a grant or cooperative agreement, under the program from which it seeks funds;
(2) The applicant has, as of the deadline date for submission of applications, an active grant or cooperative agreement, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129 that has an active grant or cooperative agreement, under the program from which it seeks funds;
(3) The applicant has had an active discretionary grant or cooperative agreement under the program from which it seeks funds, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129, within one of the following number of years before the deadline date for submission of applications under the program:
(i) 1 year;
(ii) 2 years;
(iii) 3 years;
(iv) 4 years;
(v) 5 years;
(vi) 6 years; or
(vii) 7 years;
(4) The applicant has had an active discretionary grant or cooperative agreement from the Department, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129, within one of the following number of years before the deadline date for submission of applications under the program from which it seeks funds:
(i) 1 year;
(ii) 2 years;
(iii) 3 years;
(iv) 4 years;
(v) 5 years;
(vi) 6 years; or
(vii) 7 years;
(5) The applicant has had an active contract from the Department within one of the following number of years before the deadline date for submission of applications under the program from which it seeks funds:
(i) 1 year;
(ii) 2 years;
(iii) 3 years;
(iv) 4 years;
(v) 5 years;
(vi) 6 years; or
(vii) 7 years.
(d) For the purpose of this section, a grant, cooperative agreement, or contract is active until the end of the grant's, cooperative agreement's, or contract's project or funding period, including any extensions of those periods that extend the grantee's or contractor's authority to obligate funds.
[89 FR 70326, Aug. 29, 2024]
If the Secretary determines that special consideration of applications supported by strong evidence, moderate evidence, promising evidence, or evidence that demonstrates a rationale is appropriate, the Secretary may establish a separate competition under the procedures in § 75.105(c)(3), or provide competitive preference under the procedures in § 75.105(c)(2), for applications that are supported by—
(a) Strong evidence;
(b) Moderate evidence;
(c) Promising evidence; or
(d) Evidence that demonstrates a rationale.
[89 FR 70327, Aug. 29, 2024]
(a) If the Secretary determines that special consideration of rural applicants is appropriate, the Secretary may: provide competitive preference to applicants that meet one or more of the conditions in paragraph (b) of this section; or provide special consideration for rural applicants by establishing one competition for those applicants that meet one or more of the conditions in paragraph (b) of this section and a separate competition for applicants that meet the corresponding conditions in paragraph (c).
(b) As used in this section, “rural applicant” means an applicant that meets one or more of the following conditions:
(1) The applicant proposes to serve a local educational agency (LEA) that is eligible under the Small Rural School Achievement (SRSA) program or the Rural and Low-Income School (RLIS) program authorized under title V, part B of the Elementary and Secondary Education Act of 1965.
(2) The applicant proposes to serve a community that is served by one or more LEAs—
(i) With a locale code of 32, 33, 41, 42, or 43; or
(ii) With a locale code of 41, 42, or 43.
(3) The applicant proposes a project in which a majority of the schools served—
(i) Have a locale code of 32, 33, 41, 42, or 43; or
(ii) Have a locale code of 41, 42, or 43.
(4) The applicant is an institution of higher education with a rural campus setting, or the applicant proposes to serve a campus with a rural setting. Rural settings include one or more of the following: Town-Fringe, Town-Distant, Town-Remote, Rural Fringe, Rural-Distant, and Rural-Remote, as defined by the National Center for Education Statistics College Navigator search tool.
(c) As used in this section, a “non-rural applicant” means an applicant that meets one or more of the following conditions—
(1) The applicant does not propose to serve a local educational agency (LEA) that is eligible under the Small Rural School Achievement program or the Rural and Low-Income School program authorized under title V, part B of the Elementary and Secondary Education Act of 1965.
(2) The applicant does not propose to serve a community that is served by one or more LEAs—
(i) With a locale code of 32, 33, 41, 42, or 43; or
(ii) With a locale code of 41, 42, or 43.
(3) The applicant proposes a project in which a majority of the schools served—
(i) Have a locale code of 32, 33, 41, 42, or 43; or
(ii) Have a locale code of 41, 42, or 43.
(4) The applicant is not an institution of higher education with a rural campus setting, or the applicant proposes to serve a campus with a rural setting. Rural settings include one or more of the following: Town-Fringe, Town-Distant, Town-Remote, Rural Fringe, Rural-Distant, and Rural-Remote, as defined by the National Center for Education Statistics College Navigator search tool.
[89 FR 70327, Aug. 29, 2024]