(b) The applicant documents that there are severe and significant needs to be addressed in the local community, agency, or institution to be served. (5 points)

(Authority: 20 U.S.C. 3045)

§ 247.32 Selection criterion: Impact. The Secretary determines the extent to which

(a) The project will help educational agencies or institutions meet the requirements of Title IX or otherwise provide educational equity in the local community, agency or institution to be served; (5 points) and

(b) The project will increase the knowledge and commitment of administration, faculty, staff, students, parents, and the public to the needs and issues addressed by the project. (5 points)

(Authority: 20 U.S.C. 3045)

§ 247.33 Selection criterion: Plan of operation.

The Secretary determines the extent to which

(a) The project's objectives are clear and related to the needs identified in the application; (8 points)

(b) The applicant's strategies and activities are feasible and are likely to address the identified needs successfully; (8 points)

(c) The applicant has an effective management plan that ensures proper management and administration of the project, including realistic schedules and adequate allocation of resources and personnel to achieve each objective; (8 points) and

(d) The applicant demonstrates how it will provide equal access and treatment for eligible project participants who are members of groups that suffer multiple discrimination, bias, or stereotyping based on sex and race, ethnic origin, age, or disability. (8 points)

(Authority: 20 U.S.C. 3045)

§ 247.34 Selection criterion: Qualifications of staff.

The Secretary determines the extent to which

(a) The project director and staff have the qualifications and the capa

bility to conduct the project successfully; (10 points)

(b) The time to be spent on the project by the director and staff is sufficient to carry out project activities; (5 points) and

(c) 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 conditions. (5 points)

(Authority: 20 U.S.C. 3045)

§ 247.35 Selection criterion: Cooperation and commitment.

The Secretary determines the extent to which

(a) There is involvement and cooperation in the planning and implementation of the project by appropriate community groups, such as parentteacher groups, that could contribute to the project's success; (3 points)

(b) There is support for the project and commitment to the success of the project by the top administration of the applicant; (3 points)

(c) The project's activities and management of those activities will be centrally placed in the agency or institution and will be an integral part of the agency's or institution's ongoing activities; (3 points) and

(d) The applicant plans to incorporate the proposed project into the permanent policies and practices of the agency or institution following completion of the grant period. (3 points) (Authority: 20 U.S.C. 3045)

if appropriate, an evaluation or estimate of the potential for continued significance following completion of the grant period; (4 points) and

(b) The methods of evaluation, to the extent possible, are objective and produce data that are quantifiable. (4 points)

(Authority: 20 U.S.C. 3043, 3045)

§ 247.38 What is the maximum period of an award?

A project of local significance may receive Federal funds for a period that does not exceed two years.

(Authority: 20 U.S.C. 3042(a)(2))

Subpart E-What Conditions Must Be Met by a Recipient?

§ 247.40 What portion of the costs must a recipient contribute?

(a) If selected for funding under the Women's Educational Equity Act Program-Projects of Local Significance, an LEA shall contribute the following share of approved costs:

(1) In the first year of the project, 20 percent.

(2) In the second year of the project, if applicable, 40 percent.

(b) If selected for funding under the Women's Educational Equity Act Program-Projects of Local Significance, an entity other than an LEA shall contribute the following share of approved costs:

(1) In the first year of the project, 10 percent.

(2) In the second year of the project, if applicable, 20 percent.

(Authority: 20 U.S.C. 3042(a)(2)).

Sec.
250.5 What provisions of the Indian Self-
Determination and Education Assistance
Act apply to these programs?

Subpart B-[Reserved]

Subpart C-How Does One Apply for a Grant? 250.20 How does an applicant apply under a particular program?

AUTHORITY: 25 U.S.C. 2601-2651, unless otherwise noted.

Subpart A-General

§ 250.1 What programs are governed by these regulations?

The regulations in this part apply to all programs conducted under the Indian Education Act except the Indian Fellowship Program (34 CFR part 263). Programs governed by these regulations and their applicable program regulations are as follows:

(a) Formula Grants-Local Education Agencies (34 CFR part 251). (Authority: 25 U.S.C. 2601-2606)

(b) Indian-Controlled Schools-Enrichment Projects (34 CFR part 252). (Authority: 25 U.S.C. 2602(c))

(c) Educational Services for Indian Children (34 CFR part 253).

(Authority: 25 U.S.C, 2621(a), (c))

(d) Planning, Pilot, and Demonstration Projects for Indian Children (34 CFR part 254).

(Authority: 25 U.S.C. 2621(a), (b))

(e) Gifted and Talented Program (34 CFR part 255).

(Authority: 25 U.S.C. 2624(c))

(f) Educational Personnel Development (34 CFR 256).

(Authority: 25 U.S.C. 2621(d), 2622)

(g) Educational Services for Indian Adults (34 CFR part 257).

(Authority: 25 U.S.C. 2631(b))

(h) Planning, Pilot, and Demonstration Projects for Indian Adults (34 CFR part 258).

(Authority: 25 U.S.C. 2631(a))

[54 FR 20481, May 11, 1989]

§ 250.2 [Reserved]

§ 250.3 What regulations apply to these programs?

In addition to the regulations contained in this part and the applicable program regulations, the programs under 34 CFR parts 251 through 258 are subject to the Education Department General Administrative Regulations (EDGAR) in:

(a) 34 CFR part 74 (Administration of Grants);

(b) 34 CFR part 75 (Direct Grant Programs), except for § 75.590(c) relating to a grantee's project evaluation; (c) 34 CFR part 77 (Definitions); (d) 34 CFR part 78 (Education Appeal Board); and

(e) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities), except that part 79 does not apply to 34 CFR parts 252, 255, and 256.

(Authority: 25 U.S.C. 2601-2651)

[49 FR 23761, June 7, 1984, as amended at 54 FR 20481, May 11, 1989]

§ 250.4 What definitions apply to these programs?

(a) Definitions in EDGAR. Except as otherwise provided, the following terms used in this part and in 34 CFR parts 251 through 258 are defined in 34 CFR part 77:

Applicant

Application

Award

Budget period

EDGAR

Elementary school

Facilities

Fiscal year

Grant

Grantee

Grant period

Local government

Minor remodeling

Nonprofit

Private

Project

Project period

Public

Secondary school

Secretary

State

State educational agency (SEA)
Supplies

(b) Definitions that apply to the programs governed by this part. Unless

otherwise provided, the following definitions apply to this part and to 34 CFR parts 251 through 258:

Adult means any individual who is sixteen years old or older, or who is beyond the age of compulsory school attendance under State Law.

Adult education means instruction or services below college level for adults who are not enrolled in a secondary school and who do not have— (1) The basic skills to enable them to function effectively in society; or

(2) A certificate of graduation from a school providing secondary education, and who have not achieved an equivalent level of education.

Ancillary educational personnel. (1) This term means guidance counselors, librarians, and others who assist in meeting the educational needs of Indian students.

(2) The term does not include persons in positions not directly involved in the educational process, such as clerks or cafeteria personnel.

Bureau school means an elementary or secondary day or boarding school operated by the Bureau of Indian Affairs (BIA) of the Department of the Interior.

Bureau-funded school means a Bureau school or an elementary or secondary school that receives Pub. L. 93-638 (Indian Self-Determination and Education Assistance Act) contract funds or assistance under the Tribally Controlled Schools Act of 1988 from the Bureau of Indian Affairs.

Child means an individual within the age limits for which the applicable State provides a free public education.

Demonstration project means a project that affords opportunities to examine in practice, and to assess the qualities of, an educational method, approach, or technique for the purpose of adaptation of that method, approach, or technique by other institutions with similar needs.

Equipment means:

(1) Machinery, utilities, and built-in apparatus;

(2) Any enclosure or structure necessary to house the items listed in paragraph (1) of this definition; and

(3) Any other item necessary for the functioning of a facility for the provi

sions of educational services, including items such as:

(i) Instructional apparatus and necessary furniture;

(ii) Printed, published, and audiovisual instructional materials; and

(iii) Books, periodicals, documents, and related materials.

Free public education except as defined in 34 CFR 251.32, means education that is:

(1) Provided at public expense, under public supervision and direction, without tuition charge; and

(2) Provided as elementary or secondary school education in the applicable State.

Full-time student means an individual pursuing studies that constitute a full-time workload in accordance with an institution's established policy.

Gifted and talented students means children and youth who give evidence of high performance capability in areas such as intellectual, creative, artistic, or leadership capacity or in specific academic fields, and who require services or activities not ordinarily provided by the school in order to develop such capabilities fully.

Handicapped person means an individual requiring special education and related services because he or she:

(1) Is mentally retarded, hard-ofhearing, deaf, speech-impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health-impaired; or

(2) Has a specific learning disability. Indian-except as noted in § 250.5(b)-means an individual who is: (1) A member (as defined by an Indian tribe, band, or other organized group) of such Indian tribe, band, or other organized group of Indians, including those Indian tribes, bands, or groups terminated since 1940 and those recognized by the State in which they reside;

(2) A descendant, in the first or second degree, of an individual described in paragraph (1) of this definition;

(3) Considered by the Secretary of the Interior to be an Indian for any purpose; or

(4) An eskimo or Aleut or other Alaska Native.

Indian institution means a preschool, elementary, secondary, or postsecondary school that:

(1) Is established for the education of Indians;

(2) Is controlled by a governing board, the majority of which is Indian; and

(3) If located on an Indian reservation, operates with the sanction or by charter of the governing body of that reservation.

Indian organization means an organization that:

(1) Is legally established:

(i) By tribal or inter-tribal charter or in accordance with State or tribal law; and

(ii) With appropriate constitution, by-laws, or articles of incorporation;

(2) Has as its primary purpose the promotion of the educational, economic, or social self-sufficiency of Indians; (3) Is controlled by a governing board, the majority of which is Indian;

(4) If located on an Indian reservation, operates with the sanction or by charter of the governing body of that reservation;

(5) Is neither an organization or subdivision of, nor under the direct control of, any institution of higher education; and

(6) Is not an agency of State or local government.

Indian tribe means any federally or State-recognized Indian tribe, band, nation, rancheria, pueblo, Alaska Native village, or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (85 Stat. 688), that exercises the power of self-government.

Institution of higher education means, in any State, an educational institution that:

(1) Admits as a regular student only an individual having a high school graduation certificate or the recognized equivalent of a high school graduation certificate;

(2) Is legally authorized within that State to provide a program of education beyond high school;

(3) Provides:

(i) An educational program for which it awards a bachelor's degree;

(ii) An educational program of not less than two years that is acceptable