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  <FDSYS>
    <CFRTITLE>34</CFRTITLE>
    <CFRTITLETEXT>Education</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>1998-07-01</DATE>
    <ORIGINALDATE>1998-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>PROJECTS WITH INDUSTRY</TITLE>
    <GRANULENUM>379</GRANULENUM>
    <HEADING>PART 379</HEADING>
    <ANCESTORS>
      <PARENT HEADING="" SEQ="1"/>
    </ANCESTORS>
  </FDSYS>
  <PART>
    <EAR>Pt. 379</EAR>
    <HD SOURCE="HED">PART 379—PROJECTS WITH INDUSTRY</HD>
    <CONTENTS>
      <SUBPART>
        <HD SOURCE="HED">Subpart A—General</HD>
        <SECHD>Sec.</SECHD>
        <SECTNO>379.1</SECTNO>
        <SUBJECT>What is the Projects With Industry (PWI) program?</SUBJECT>
        <SECTNO>379.2</SECTNO>
        <SUBJECT>Who is eligible for a grant award under this program?</SUBJECT>
        <SECTNO>379.3</SECTNO>
        <SUBJECT>Who is eligible for services under this program?</SUBJECT>
        <SECTNO>379.4</SECTNO>
        <SUBJECT>What regulations apply?</SUBJECT>
        <SECTNO>379.5</SECTNO>
        <SUBJECT>What definitions apply?</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart B—What Kinds of Activities Does the Department of Education Assist Under This Program?</HD>
        <SECTNO>379.10</SECTNO>
        <SUBJECT>What types of project activities are required of each grantee under this program?</SUBJECT>
        <SECTNO>379.11</SECTNO>
        <SUBJECT>What additional types of project activities may be authorized under this program?</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart C—How Does One Apply for an Award?</HD>
        <SECTNO>379.20</SECTNO>
        <SUBJECT>How does an eligible entity apply for an award?</SUBJECT>
        <SECTNO>379.21</SECTNO>
        <SUBJECT>What is the content of an application for an award?</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart D—How Does the Secretary Make a Grant?</HD>
        <SECTNO>379.30</SECTNO>
        <SUBJECT>What selection criteria does the Secretary use under this program?</SUBJECT>
        <SECTNO>379.31</SECTNO>
        <SUBJECT>What other factors does the Secretary consider in reviewing an application?</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart E—What Conditions Must Be Met by a Grantee?</HD>
        <SECTNO>379.40</SECTNO>
        <SUBJECT>What are the matching requirements?</SUBJECT>
        <SECTNO>379.41</SECTNO>
        <SUBJECT>What are allowable costs?</SUBJECT>
        <SECTNO>379.42</SECTNO>
        <SUBJECT>What are the requirements for a continuation award?</SUBJECT>
        <SECTNO>379.43</SECTNO>
        <SUBJECT>What are the additional reporting requirements?</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart F—What Compliance Indicator Requirements Must a Grantee Meet To Receive Continuation Funding?</HD>
        <SECTNO>379.50</SECTNO>
        <SUBJECT>What are the requirements for continuation funding?</SUBJECT>
        <SECTNO>379.51</SECTNO>
        <SUBJECT>What are the program compliance indicators?</SUBJECT>
        <SECTNO>379.52</SECTNO>
        <SUBJECT>How is grantee performance measured using the compliance indicators?</SUBJECT>
        <SECTNO>379.53</SECTNO>
        <SUBJECT>What are the weights, minimum performance levels, and performance ranges for each compliance indicator?</SUBJECT>
        <SECTNO>379.54</SECTNO>
        <SUBJECT>What are the reporting requirements for the compliance indicators?</SUBJECT>
        
        <APP>
          <E T="04">Appendix to Part</E> 379—<E T="04">Evaluation Standards</E>
        </APP>
      </SUBPART>
    </CONTENTS>
    <AUTH>
      <HD SOURCE="HED">Authority: </HD>
      <P>Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and 795g, unless otherwise noted.</P>
    </AUTH>
    <SOURCE>
      <HD SOURCE="HED">Source: </HD>
      <P>46 FR 5432, Jan. 19, 1981, unless otherwise noted.</P>
    </SOURCE>
    <SUBPART>
      <HD SOURCE="HED">Subpart A—General</HD>
      <SOURCE>
        <HD SOURCE="HED">Source: </HD>
        <P>62 FR 5689, Feb. 6, 1997, unless otherwise indicated.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 379.1</SECTNO>
        <SUBJECT>What is the Projects With Industry (PWI) program?</SUBJECT>
        <P>This program is designed to—</P>
        <P>(a) Create and expand job and career opportunities for individuals with disabilities in the competitive labor market by engaging the talent and leadership of private industry as partners in the rehabilitation process;</P>
        <P>(b) Identify competitive job and career opportunities and the skills needed to perform these jobs;</P>
        <P>(c) Create practical settings for job readiness and job training programs; and</P>
        <P>(d) Provide job placements and career advancement.</P>
        <SECAUTH>(Authority: Sec. 621(a)(1) of the Act; 29 U.S.C. 795g(a)(1)) </SECAUTH>
      </SECTION>
      <SECTION>
        <SECTNO>§ 379.2</SECTNO>
        <SUBJECT>Who is eligible for a grant award under this program?</SUBJECT>
        <P>(a) The Secretary may make a grant under this program to any—</P>
        <P>(1) Community rehabilitation program provider;</P>
        <P>(2) Designated State unit;</P>
        <P>(3) Employer;<PRTPAGE P="425"/>
        </P>
        <P>(4) Indian tribe or tribal organization;</P>
        <P>(5) Labor union;</P>
        <P>(6) Nonprofit agency or organization;</P>
        <P>(7) Trade association; or</P>
        <P>(8) Other agency or organization with the capacity to create and expand job and career opportunities for individuals with disabilities.</P>
        <P>(b) New awards may be made only to those eligible entities identified in paragraph (a) of this section that propose to serve individuals with disabilities in States, portions of States, Indian tribes, or tribal organizations that are currently unserved or underserved by the PWI program.</P>
        <SECAUTH>(Authority: Secs. 621(a)(2) and 621(e)(2) of the Act; 29 U.S.C. 795g(a)(2) and 795g(e)(2)) </SECAUTH>
      </SECTION>
      <SECTION>
        <SECTNO>§ 379.3</SECTNO>
        <SUBJECT>Who is eligible for services under this program?</SUBJECT>
        <P>(a) An individual is eligible for services under this program if the appropriate State vocational rehabilitation unit determines the individual to be an individual with a disability or an individual with a severe disability, as defined in sections 7(8)(A) and 7(15)(A), respectively, of the Act.</P>
        <P>(b) In making the determination under paragraph (a) of this section, the State vocational rehabilitation unit shall rely on the determination made by the recipient of the grant under which the services are provided, to the extent that the determination is appropriate, available, and consistent with the requirements of the Act.</P>
        <P>(c) If a State vocational rehabilitation unit does not notify a recipient of a grant within 60 days that the determination of the recipient is inappropriate, the recipient of the grant may consider the individual to be eligible for services.</P>
        <SECAUTH>(Authority: Sec. 621(a)(3) of the Act; 29 U.S.C. 795g(a)(3))</SECAUTH>
      </SECTION>
      <SUBJGRP>
        <HD SOURCE="HED">Appendix to <E T="01">§ 379.3</E>
        </HD>
      </SUBJGRP>
    </SUBPART>
    <EXTRACT>
      <P>The following guidance is provided regarding the determination of eligibility for PWI project services:</P>
      <P>(1) If an individual is referred to the PWI project by the State vocational rehabilitation (VR) unit and the individual has been determined by the State VR unit to be an “individual with a disability” under section 102(a)(1)(A) of the Act, then the PWI grantee may initiate services to that individual. In these instances, the State VR unit should provide documentation of this determination to the PWI grantee. If the State VR unit has determined that the individual also meets the definition of an “individual with a severe disability” under section 7(15)(A) of the Act, the PWI grantee should be advised of that determination and provided appropriate documentation of that determination.</P>
      <P>(2) If an individual is not referred to the PWI project by the State VR unit, then the PWI grantee makes an initial or preliminary determination that the individual is eligible for services because the individual meets the definition of an “individual with a disability” or an “individual with a severe disability.” The State VR unit has a maximum of 60 days to assess the appropriateness of the preliminary determination. If the State VR unit does not decide that the preliminary eligibility determination is inappropriate within this time period, the eligibility determination becomes final.</P>
    </EXTRACT>
    <SECTION>
      <SECTNO>§ 379.4</SECTNO>
      <SUBJECT>What regulations apply?</SUBJECT>
      <P>The following regulations apply to the Projects With Industry program:</P>
      <P>(a) The regulations in this part 379; and</P>
      <P>(b) The regulations in 34 CFR part 369, except for the regulations in §§ 369.30 and 369.31.</P>
      <SECAUTH>(Authority: Sec. 621 of the Act; 29 U.S.C. 795g) </SECAUTH>
    </SECTION>
    <SECTION>
      <SECTNO>§ 379.5</SECTNO>
      <SUBJECT>What definitions apply?</SUBJECT>
      <P>(a) The definitions in 34 CFR part 369 apply to this program.</P>
      <P>(b) The following definitions also apply to this program:</P>
      <P>(1) <E T="03">Career advancement services</E> mean services that develop specific job skills beyond those required by the position currently held by an individual with a disability to assist the individual to compete for a promotion or achieve an advanced position.</P>
      <P>(2) <E T="03">Competitive employment</E>, as the placement outcome under this program, means work—</P>
      <P>(i) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and</P>

      <P>(ii) For which an individual is compensated at or above the minimum wage, but not less than the customary or usual wage and terms and benefits provided by the employer for the same <PRTPAGE P="426"/>or similar work performed by individuals who are not disabled.</P>
      <P>(3) <E T="03">Integrated setting</E>, as part of the definition of <E T="03">competitive employment</E>, means a setting typically found in the community in which individuals with disabilities interact with non-disabled individuals, other than non-disabled individuals who are providing services to them, to the same extent that non-disabled individuals in comparable positions interact with other persons.</P>
      <P>(4) <E T="03">Job readiness training</E>, as used in § 379.41(a), means—</P>
      <P>(i) Training in job-seeking skills;</P>
      <P>(ii) Training in the preparation of resumes or job applications;</P>
      <P>(iii) Training in interviewing skills;</P>
      <P>(iv) Participating in a job club; or</P>
      <P>(v) Other related activities that may assist an individual to secure competitive employment.</P>
      <P>(5) <E T="03">Job training</E>, as used in this part, means one or more of the following training activities provided prior to placement, as that term is defined in § 379.5(b)(7):</P>
      <P>(i) Occupational skills training.</P>
      <P>(ii) On-the-job training.</P>
      <P>(iii) Workplace training combined with related instruction.</P>
      <P>(iv) Job skill upgrading and retraining.</P>
      <P>(v) Training to enhance basic work skills and workplace competencies.</P>
      <P>(vi) On-site job coaching.</P>
      <P>(6) <E T="03">Person served</E> means an individual for whom services by a PWI project have been initiated with the objective that those services will result in a placement in competitive employment.</P>
      <P>(7) <E T="03">Placement means</E> the attainment of competitive employment by a person who has received services from a PWI project and has maintained employment for a period of at least 90 days.</P>
      <SECAUTH>(Authority: Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and 795g)</SECAUTH>
    </SECTION>
    <SUBPART>
      <HD SOURCE="HED">Subpart B—What Kinds of Activities Does the Department of Education Assist Under This Program?</HD>
      <SOURCE>
        <HD SOURCE="HED">Source: </HD>
        <P>62 FR 5690, Feb. 6, 1997, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 379.10</SECTNO>
        <SUBJECT>What types of project activities are required of each grantee under this program?</SUBJECT>
        <P>Each grantee under the PWI program shall—</P>
        <P>(a) Arrange for the provision of, or provide individuals with disabilities with, job training in a realistic work setting, if appropriate to the needs of the individual, in order to prepare individuals for employment and career advancement in the competitive labor market;</P>
        <P>(b) Provide individuals with disabilities with job placement and career advancement services;</P>
        <P>(c) Provide individuals with disabilities with supportive services that are necessary to permit them to maintain the employment and career advancement for which they have received training under this program;</P>
        <P>(d) To the extent appropriate, provide for—</P>
        <P>(1) The development and modification of jobs and careers to accommodate the special needs of the individuals with disabilities being trained and employed under this program;</P>
        <P>(2) The purchase and distribution of rehabilitation technology to meet the needs of individuals with disabilities at job sites; and</P>
        <P>(3) The modification of any facilities or equipment of the employer that are to be used by individuals with disabilities under this program; and</P>
        <P>(e) Provide for the establishment of a Business Advisory Council (BAC) comprised of representatives of private industry, business concerns, organized labor, and individuals with disabilities and their representatives who will identify job and career availability within the community, the skills necessary to perform those jobs and careers, and prescribe appropriate training programs.</P>
      </SECTION>
      <SUBJGRP>
        <HD SOURCE="HED">Appendix to <E T="01">§ 379.10</E>
        </HD>
      </SUBJGRP>
    </SUBPART>
    <EXTRACT>

      <P>A PWI grantee can meet the requirements of § 379.10(a) (1) by directly providing job training to project participants, (2) by arranging for the provision of this training by other entities and taking appropriate follow-up measures to ensure that the training is, in fact, provided, or (3) by a combination of both (1) and (2). The job training provided must meet the definition of job training in <PRTPAGE P="427"/>§ 379.5(b)(5) and must be provided as appropriate to the needs of each individual served by the project. Although each individual served by the project may not need job training, the Secretary expects that each PWI project will have an identifiable job training component that is available to those individuals who need it. In order to meet the requirements of § 379.10(a), the job training must be provided while the individual is participating in the project (i.e. prior to, or within 90 days of, attaining competitive employment). Therefore, training provided by an employer more than 90 days after the individual begins competitive employment would not meet this requirement. In addition, a project that provides only job readiness training, as defined in § 379.5(b)(4), would not meet the requirements of § 379.10(a).
      </P>
      <FP>(Authority: Sec. 621(a) of the Act; 29 U.S.C. 795g)</FP>
    </EXTRACT>
    <SECTION>
      <SECTNO>§ 379.11</SECTNO>
      <SUBJECT>What additional types of project activities may be authorized under this program?</SUBJECT>
      <P>The Secretary may include, as part of grant agreements with recipients under this program, authority for recipients to provide the following types of technical assistance:</P>
      <P>(a) Assisting employers in hiring individuals with disabilities.</P>
      <P>(b) Improving or developing relationships between grant recipients or prospective grant recipients and employers or organized labor.</P>

      <P>(c) Assisting employers in understanding and meeting the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C 12101 <E T="03">et seq</E>.) as that Act relates to employment of individuals with disabilities.</P>
      <SECAUTH>(Authority: Sec. 621(a) of the Act; 29 U.S.C 795g) </SECAUTH>
    </SECTION>
    <SUBPART>
      <HD SOURCE="HED">Subpart C—How Does One Apply for an Award?</HD>
      <SOURCE>
        <HD SOURCE="HED">Source: </HD>
        <P>62 FR 5690, Feb. 6, 1997, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 379.20</SECTNO>
        <SUBJECT>How does an eligible entity apply for an award?</SUBJECT>

        <P>In order to apply for a grant, an eligible entity shall submit an application to the Secretary in response to an application notice published in the <E T="04">Federal Register</E>.</P>
        <APPRO>(Approved by the Office of Management and Budget under control number 1820-0612)</APPRO>
        <SECAUTH>(Authority: Sec. 621(e)(1)(B) of the Act; 29 U.S.C. 795g(e)(1)(B))</SECAUTH>
      </SECTION>
      <SECTION>
        <SECTNO>§ 379.21</SECTNO>
        <SUBJECT>What is the content of an application for an award?</SUBJECT>
        <P>(a) The grant application must include a description of—</P>
        <P>(1) The proposed job training to prepare project participants for specific jobs in the competitive labor market for which there is a need in the geographic area to be served by the project, as identified by an existing current labor market analysis or other needs assessment or one conducted by the applicant in collaboration with private industry;</P>
        <P>(2) The involvement of private industry in the design of the proposed project and the manner in which the project will collaborate with private industry in planning, implementing, and evaluating job training, job placement, and career advancement activities;</P>
        <P>(3) The responsibilities of the BAC and how it will interact with the project in carrying out grant activities;</P>
        <P>(4) The geographic area to be served by the project, including an explanation of how the area is currently unserved or underserved by the PWI program;</P>
        <P>(5) A plan for evaluating annually the operation of the proposed project, which, at a minimum, provides for collecting and submitting to the Secretary the following information and any additional data needed to determine compliance with the program compliance indicators established in subpart F of this part:</P>
        <P>(i) The numbers and types of individuals with disabilities served.</P>
        <P>(ii) The types of services provided.</P>
        <P>(iii) The sources of funding.</P>

        <P>(iv) The percentage of resources committed to each type of service provided.<PRTPAGE P="428"/>
        </P>
        <P>(v) The extent to which the employment status and earning power of individuals with disabilities changed following services.</P>
        <P>(vi) The extent of capacity building activities, including collaboration with business and industry and other organizations, institutions, and agencies, including the State vocational rehabilitation unit.</P>
        <P>(vii) A comparison, if appropriate, of activities in prior years with activities in the most recent year.</P>
        <P>(viii) The number of project participants who were terminated from project placements and the duration of those placements;</P>
        <P>(6) A description of the manner in which the project will address the needs of individuals with disabilities from minority backgrounds, as required by 34 CFR 369.21; and</P>
        <P>(7) A description of how career advancement services will be provided to project participants.</P>
        <P>(b) The grant application must also include assurances from the applicant that—</P>
        <P>(1) The project will carry out all activities required in § 379.10;</P>
        <P>(2) Individuals with disabilities who are placed by the project will receive compensation at or above the minimum wage, but not less than the customary or usual wage paid by the employer for the same or similar work performed by individuals who are not disabled;</P>
        <P>(3) Individuals with disabilities who are placed by the project will be given terms and benefits of employment equal to those that are given to similarly situated co-workers and will not be segregated from their co-workers; and</P>
        <P>(4) The project will maintain any records required by the Secretary and make those records available for monitoring and audit purposes.</P>
        <APPRO>(Approved by the Office of Management and Budget under control number 1820-0612)</APPRO>
        <SECAUTH>(Authority: Secs. 621(a)(4), 621(a)(5), 621(b), and 621(e)(1)(B) of the Act; 29 U.S.C. 795g(a)(4), 795g(a)(5), 795g(b), and 795g(e)(1)(B))</SECAUTH>
      </SECTION>
    </SUBPART>
    <SUBPART>
      <HD SOURCE="HED">Subpart D—How Does the Secretary Make a Grant?</HD>
      <SOURCE>
        <HD SOURCE="HED">Source: </HD>
        <P>62 FR 5691, Feb. 6, 1997, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 379.30</SECTNO>
        <SUBJECT>What selection criteria does the Secretary use under this program?</SUBJECT>
        <P>The Secretary uses the following criteria to evaluate an application:</P>
        <P>(a) <E T="03">Extent of need for project</E> (20 points). The Secretary reviews each application to determine the extent to which the project meets demonstrated needs. The Secretary looks for evidence that—</P>
        <P>(1) The applicant has described an existing current labor market analysis or other needs assessment, or one that it has performed in collaboration with private industry, that shows, for the geographic area to be served, a demand in the competitive labor market for the types of jobs for which project participants will be trained; and</P>
        <P>(2) The job training to be provided meets the identified needs for personnel in specific occupations or occupational categories in the geographic area to be served.</P>
        <P>(b) <E T="03">Partnership with industry</E> (25 points). The Secretary looks for information that demonstrates—</P>
        <P>(1) The extent of the project's proposed collaboration with private industry in the planning, implementation, and evaluation of job training, placement, and career advancement activities; and</P>
        <P>(2) The extent of proposed participation of the BAC in the identification of job and career opportunities, the skills necessary to perform the jobs and careers identified, and the development of training programs designed to develop these skills.</P>
        <P>(c) <E T="03">Project design and plan of operation for achieving competitive employment outcomes</E> (25 points). The Secretary reviews each application to determine—</P>

        <P>(1) The extent to which the project goals and objectives for achieving competitive employment outcomes for individuals with disabilities to be served by the project are clearly stated and meet the needs identified by the applicant and the purposes of the program;<PRTPAGE P="429"/>
        </P>
        <P>(2) The extent to which the project provides for all services and activities required under § 379.10;</P>
        <P>(3) The feasibility of proposed strategies and methods for achieving project goals and objectives for competitive employment outcomes for project participants;</P>
        <P>(4) The extent to which project activities will be coordinated with the State vocational rehabilitation unit and with other appropriate community resources in order to ensure an adequate number of referrals and a maximum use of comparable benefits and services;</P>
        <P>(5) The extent to which the applicant's management plan will ensure proper and efficient administration of the project; and</P>
        <P>(6) Whether the applicant has proposed a realistic timeline for the implementation of project activities to ensure timely accomplishment of proposed goals and objectives to achieve competitive employment outcomes for individuals with disabilities to be served by the project.</P>
        <P>(d) <E T="03">Adequacy of resources and quality of key personnel</E> (10 points). The Secretary reviews each application to determine—</P>
        <P>(1) The adequacy of the resources (including facilities, equipment, and supplies) that the applicant plans to devote to the project;</P>
        <P>(2) The quality of key personnel who will be involved in the project, including—</P>
        <P>(i) The qualifications of the project director;</P>
        <P>(ii) The qualifications of each of the other key personnel to be used in the project; and</P>
        <P>(iii) The experience and training of key personnel in fields related to the objectives and activities of the project; and</P>
        <P>(3) The way the applicant plans to use its resources and personnel to achieve the project's goals and objectives, including the time that key personnel will commit to the project.</P>
        <P>(e) <E T="03">Budget and cost effectiveness</E> (10 points). The Secretary reviews each application to determine the extent to which—</P>
        <P>(1) The budget is adequate to support the project; and</P>
        <P>(2) Costs are reasonable in relation to the objectives of the project.</P>
        <P>(f) <E T="03">Project evaluation</E> (10 points). The Secretary reviews each application to determine the quality of the proposed evaluation plan with respect to—</P>
        <P>(1) Evaluating project operations and outcomes;</P>
        <P>(2) Involving the BAC in evaluating the project's job training, placement, and career advancement activities;</P>
        <P>(3) Meeting the annual evaluation reporting requirements in § 379.21(a)(5);</P>
        <P>(4) Determining compliance with the indicators; and</P>
        <P>(5) Addressing any deficiencies identified through project evaluation.</P>
        <APPRO>(Approved by the Office of Management and Budget under control number 1820-0612)</APPRO>
        <SECAUTH>(Authority: Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and 795g)</SECAUTH>
      </SECTION>
      <SECTION>
        <SECTNO>§ 379.31</SECTNO>
        <SUBJECT>What other factors does the Secretary consider in reviewing an application?</SUBJECT>
        <P>In addition to the selection criteria in § 379.30, the Secretary, in making awards under this program, considers—</P>
        <P>(a) The equitable distribution of projects among the States; and</P>
        <P>(b) The past performance of the applicant in carrying out a similar PWI project under previously awarded grants, as indicated by factors such as compliance with grant conditions, soundness of programmatic and financial management practices, and meeting the requirements of subpart F of this part.</P>
        <SECAUTH>(Authority: Secs. 621(e)(2) and 621(f)(4) of the Act; 29 U.S.C. 795g(e)(2) and 795g(f)(4))</SECAUTH>
      </SECTION>
    </SUBPART>
    <SUBPART>
      <HD SOURCE="HED">Subpart E—What Conditions Must Be Met by a Grantee?</HD>
      <SOURCE>
        <HD SOURCE="HED">Source: </HD>
        <P>62 FR 5691, Feb. 6, 1997, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 379.40</SECTNO>
        <SUBJECT>What are the matching requirements?</SUBJECT>
        <P>The Federal share may not be more than 80 percent of the total cost of a project under this program.</P>
        <SECAUTH>(Authority: Sec. 621(c) of the Act; 29 U.S.C. 795g(c))</SECAUTH>
      </SECTION>
      <SUBJGRP>
        <PRTPAGE P="430"/>
        <HD SOURCE="HED">Appendix to <E T="01">§ 379.40</E>
        </HD>
      </SUBJGRP>
    </SUBPART>
    <EXTRACT>
      <P>(a) For example, if the total cost of a project is $500,000, the Federal share would be no more than $400,000 and the grantee's required minimum share (matching contribution) would be $100,000 (provided in cash or through third party in-kind contributions). The matching contribution is based upon the total cost of the project, not on the amount of the Federal grant award.</P>

      <P>(b) The matching contribution must comply with the requirements of 34 CFR 74.23 (for grantees that are institutions of higher education, hospitals, or other nonprofit organizations) or 34 CFR 80.24 (for grantees that are State, local, or Indian tribal governments). The term <E T="03">third party in-kind contributions</E> is defined in either 34 CFR 74.2 or 34 CFR 80.3, as applicable to the type of grantee.</P>
    </EXTRACT>
    <SECTION>
      <SECTNO>§ 379.41</SECTNO>
      <SUBJECT>What are allowable costs?</SUBJECT>
      <P>In addition to those costs that are allowable in accordance with 34 CFR 74.27 and 34 CFR 80.22, the following items are allowable costs under this program:</P>
      <P>(a) The costs of job readiness training, as defined in § 379.5(b)(4); job training, as defined in § 379.5(b)(5); job placement services; job development and modification; and related vocational rehabilitation services and supportive rehabilitation services.</P>
      <P>(b) Instruction and supervision of trainees.</P>
      <P>(c) Training materials and supplies, including consumable materials.</P>
      <P>(d) Instructional aids.</P>
      <P>(e) The purchase or modification of rehabilitation technology to meet the needs of individuals with disabilities.</P>
      <P>(f) Alteration and renovation appropriate and necessary to ensure access to and use of buildings by persons with disabilities served by the project.</P>
      <P>(g) The modification of any facilities or equipment of the employer to be used by individuals with disabilities under this program.</P>
      <SECAUTH>(Authority: Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and 795g)) </SECAUTH>
    </SECTION>
    <SECTION>
      <SECTNO>§ 379.42</SECTNO>
      <SUBJECT>What are the requirements for a continuation award?</SUBJECT>
      <P>(a) A grantee that wants to receive a continuation award must—</P>
      <P>(1) Comply with the provisions of 34 CFR 75.253(a), including making substantial progress toward meeting the objectives in its approved application and submitting all performance and financial reports required by 34 CFR 75.118; and</P>
      <P>(2) Submit data in accordance with § 379.54 showing that it has met the program compliance indicators established in subpart F of this part.</P>
      <P>(b) In addition to the requirements in paragraph (a) of this section, the following other conditions in 34 CFR 75.253(a) must be met before the Secretary makes a continuation award:</P>
      <P>(1) Congress must appropriate sufficient funds under the program.</P>
      <P>(2) Continuation of the project must be in the best interest of the Federal Government.</P>
      <APPRO>(Approved by the Office of Management and Budget under control number 1820-0612)</APPRO>
      <SECAUTH>(Authority: Secs. 12(c) and 621(f)(4) of the Act; 29 U.S.C. 711(c) and 795g(f)(4)) </SECAUTH>
    </SECTION>
    <SECTION>
      <SECTNO>§ 379.43</SECTNO>
      <SUBJECT>What are the additional reporting requirements?</SUBJECT>
      <P>Each grantee shall submit the data from its annual evaluation of project operations required under § 379.21(a)(5) no later than 60 days after the end of each project year, unless the Secretary authorizes a later submission date.</P>
      <APPRO>(Approved by the Office of Management and Budget under control number 1820-0612)</APPRO>
      <SECAUTH>(Authority: Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and 795g)</SECAUTH>
    </SECTION>
    <SUBPART>
      <HD SOURCE="HED">Subpart F—What Compliance Indicator Requirements Must a Grantee Meet To Receive Continuation Funding?</HD>
      <SOURCE>
        <HD SOURCE="HED">Source: </HD>
        <P>54 FR 36103, Aug. 31, 1989, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 379.50</SECTNO>
        <SUBJECT>What are the requirements for continuation funding?</SUBJECT>

        <P>Beginning with fiscal year 1990, in order to receive a continuation award for the third or any subsequent year of a PWI grant a grantee shall adhere to the provisions of its approved application and shall receive a minimum composite score of at least 70 points on the <PRTPAGE P="431"/>program compliance indicators contained in § 379.53.</P>
        <SECAUTH>(Authority: Sec. 621(h)(4)(B) of the Act; 29 U.S.C. 795g(h)(4)(B)) </SECAUTH>
      </SECTION>
      <SECTION>
        <SECTNO>§ 379.51</SECTNO>
        <SUBJECT>What are the program compliance indicators?</SUBJECT>
        <P>The program compliance indicators implement program evaluation standards, which are contained in an appendix to this part, by establishing minimum performance levels and performance ranges in essential project areas to measure the effectiveness of individual grantees.</P>
        <SECAUTH>(Authority: Secs. 621(d)(1) and 621(f)(1) of the Act; 29 U.S.C. 795g(d)(1) and 795g(f)(1)) </SECAUTH>
      </SECTION>
      <SECTION>
        <SECTNO>§ 379.52</SECTNO>
        <SUBJECT>How is grantee performance measured using the compliance indicators?</SUBJECT>
        <P>(a) Each compliance indicator establishes a minimum performance level.</P>
        <P>(b) Each compliance indicator also establishes three performance ranges with points assigned to each range. The higher the performance range, the greater the number of points assigned to that range.</P>
        <P>(c) If a grantee does not achieve the minimum performance level for a compliance indicator, the grantee receives no points.</P>
        <P>(d) If a grantee achieves or exceeds the minimum performance level, the grantee receives the points assigned to the particular performance range that corresponds to its actual level of performance.</P>
        <P>(e) The maximum possible composite score that a grantee can receive is 150 points.</P>
        <P>(f) A grantee must receive a composite score of at least 70 points to meet the evaluation standards and qualify for continuation funding.</P>
        <SECAUTH>(Authority: 621(h)(4)(B) of the Act; 29 U.S.C. 795g(h)(4)(B)) </SECAUTH>
      </SECTION>
      <SECTION>
        <SECTNO>§ 379.53</SECTNO>
        <SUBJECT>What are the weights, minimum performance levels, and performance ranges for each compliance indicator?</SUBJECT>
        <P>(a) <E T="03">Percent of persons served whose disabilities are severe.</E> (3-10 points) A minimum of 50 percent of persons served by the project are persons who have severe disabilities. The performance ranges and the points assigned to each range are as follows:</P>
        <P>(1) 50 percent to 59 percent—3 points.</P>
        <P>(2) 60 percent to 75 percent—7 points.</P>
        <P>(3) 76 percent or more—10 points.</P>
        <P>(b) <E T="03">Percent of persons served who have been unemployed for at least six months at the time of project entry.</E> (5-15 points) A minimum of 50 percent of persons served by the project have been unemployed for at least six months at the time of project entry. The performance ranges and the points assigned to each range are as follows:</P>
        <P>(1) 50 percent to 59 percent—5 points.</P>
        <P>(2) 60 percent to 75 percent—10 points.</P>
        <P>(3) 76 percent or more—15 points.</P>
        <P>(c) <E T="03">Cost per placement.</E> (8-25 points) The average cost per placement of persons served by the project does not exceed $1600.00. The performance ranges and the points assigned to each range are as follows:</P>
        <P>(1) $1351 to $1600—8 points.</P>
        <P>(2) $1000 to $1350—17 points.</P>
        <P>(3) Less than $1000—25 points.</P>
        <P>(d) <E T="03">Projected cost per placement.</E> (5-15 points) The actual average cost per placement of persons served by the project does not exceed 140 percent of the projected average cost per placement in the grantee's application. The performance ranges and the points assigned to each range are as follows:</P>
        <P>(1) 126 percent to 140 percent—5 points.</P>
        <P>(2) 111 percent to 125 percent—10 points.</P>
        <P>(3) 110 percent or less—15 points.</P>
        <P>(e) <E T="03">Placement rate.</E> (8-25 points) A minimum of 40 percent of persons served by the project are placed in competitive employment. The performance ranges and the points assigned to each range are as follows:</P>
        <P>(1) 40 percent to 49 percent—8 points.</P>
        <P>(2) 50 percent to 69 percent—17 points.</P>
        <P>(3) 70 percent or more—25 points.</P>
        <P>(f) <E T="03">Projected placement rate.</E> (5-15 points) The actual number of persons served by the project that are placed into competitive employment is at least 50 percent of the number of persons that the grantee, in the grant application, projected would be placed. The performance ranges and the points assigned to each range are as follows:</P>
        <P>(1) 50 percent to 74 percent—5 points.</P>
        <P>(2) 75 percent to 94 percent—10 points.<PRTPAGE P="432"/>
        </P>
        <P>(3) 95 percent or more—15 points.</P>
        <P>(g) <E T="03">Change in earnings.</E> (7-20 points) The earnings of persons served by the project who are placed into competitive employment have increased by an average of at least $75.00 a week over earnings at project entry. The performance ranges and the points assigned to each range are as follows:</P>
        <P>(1) $75 to $124—7 points.</P>
        <P>(2) $125 to $199—14 points.</P>
        <P>(3) $200 or more—20 points.</P>
        <P>(h) <E T="03">Percent placed who have severe disabilities.</E> (3-10 points) At least 50 percent of persons served by the project who are placed into competitive employment are persons who have severe disabilities. The performance ranges and the points assigned to each range are as follows:</P>
        <P>(1) 50 percent to 59 percent—3 points.</P>
        <P>(2) 60 percent to 75 percent—7 points.</P>
        <P>(3) 76 percent or more—10 points.</P>
        <P>(i) <E T="03">Percent unemployed placed.</E> (5-15 points) At least 50 percent of persons served by the project who are placed into competitive employment are persons who were unemployed for at least six months at the time of project entry. The performance ranges and the points assigned to each range are as follows:</P>
        <P>(1) 50 percent to 59 percent—5 points.</P>
        <P>(2) 60 percent to 75 percent—10 points.</P>
        <P>(3) 76 percent or more—15 points.</P>
        <P>(j) <E T="03">Summary chart of weights and performance ranges.</E> The following composite chart shows the weights assigned to the performance ranges for each compliance indicator.</P>
        <GPOTABLE CDEF="s25,6,6,6" COLS="4" OPTS="L2,i1">
          <BOXHD>
            <CHED H="1">Indicator</CHED>
            <CHED H="1">Performance ranges:</CHED>
            <CHED H="2">Range (1)</CHED>
            <CHED H="2">Range (2)</CHED>
            <CHED H="2">Range (3)</CHED>
          </BOXHD>
          <ROW>
            <ENT I="01">Persons with severe disabilities served </ENT>
            <ENT>3 </ENT>
            <ENT>7 </ENT>
            <ENT>10</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Unemployed served </ENT>
            <ENT>5 </ENT>
            <ENT>10 </ENT>
            <ENT>15</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Cost per placement </ENT>
            <ENT>8 </ENT>
            <ENT>17 </ENT>
            <ENT>25</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Projected cost per placement </ENT>
            <ENT>5 </ENT>
            <ENT>10 </ENT>
            <ENT>15</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Placement rate </ENT>
            <ENT>8 </ENT>
            <ENT>17 </ENT>
            <ENT>25</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Projected placement rate </ENT>
            <ENT>5 </ENT>
            <ENT>10 </ENT>
            <ENT>15</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Change in earnings </ENT>
            <ENT>7 </ENT>
            <ENT>14 </ENT>
            <ENT>20</ENT>
          </ROW>
          <ROW>
            <ENT I="01">Percent placed who have severe disabilities </ENT>
            <ENT>3 </ENT>
            <ENT>7 </ENT>
            <ENT>10</ENT>
          </ROW>
          <ROW RUL="n,s">
            <ENT I="01">Percent unemployed placed </ENT>
            <ENT>5 </ENT>
            <ENT>10 </ENT>
            <ENT>15</ENT>
          </ROW>
          <ROW>
            <ENT I="04">Total possible score </ENT>
            <ENT>49 </ENT>
            <ENT>102 </ENT>
            <ENT>150
            </ENT>
          </ROW>
        </GPOTABLE>
        <APPRO>(Approved by the Office of Management and Budget under control number 1820-0612)</APPRO>
        <SECAUTH>(Authority: Sec. 621(f)(1) of the Act; 29 U.S.C. 795g(f)(1))</SECAUTH>
        <CITA>[54 FR 36103, Aug. 31, 1989, as amended at 62 FR 5692, Feb. 6, 1997]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 379.54</SECTNO>
        <SUBJECT>What are the reporting requirements for the compliance indicators?</SUBJECT>
        <P>(a) In order to receive continuation funding for the third or any subsequent year of a PWI grant, each grantee must submit data for the most recent complete project year no later than 60 days after the end of that project year, unless the Secretary authorizes a later submission date, in order for the Secretary to determine if the grantee has met the program compliance indicators established in this subpart F.</P>
        <P>(b) If the data for the most recent complete project year provided under paragraph (a) of this section shows that a grantee has failed to achieve the minimum composite score required in § 379.52(f) to meet the program compliance indicators, the grantee may, at its option, submit data from the first 6 months of the current project year no later than 60 days after the end of that 6-month period, unless the Secretary authorizes a later submission date, to demonstrate that its project performance has improved sufficiently to meet the minimum composite score.</P>
        <APPRO>(Approved by the Office of Management and Budget under control number 1820-0612)</APPRO>
        <SECAUTH>(Authority: Sec. 621(f)(2) of the Act; 29 U.S.C. 795g(f)(2))</SECAUTH>
        <NOTE>
          <HD SOURCE="HED">Note:</HD>
          <P> A grantee receives its second year of funding (or the first continuation award) under this program before data from the first complete project year is available. Data from the first project year, however, must be submitted and is used (unless the grantee exercises the option in paragraph (b) of this section) to determine eligibility for the third year of funding (or the second continuation award). </P>
        </NOTE>
        <CITA>[62 FR 5692, Feb. 6, 1997]</CITA>
      </SECTION>
      <SUBJGRP>
        <HD SOURCE="HED">Appendix to Part <E T="01">379—</E>
          <E T="04">Evaluation Standards</E>
        </HD>
      </SUBJGRP>
    </SUBPART>
    <EAR>Pt. 379, App.</EAR>
    
    <EXTRACT>

      <P>Standard 1: The primary objective of the project shall be to assist individuals with disabilities to obtain competitive employment. The activities carried out by the <PRTPAGE P="433"/>project shall support the accomplishment of this objective.</P>
      <P>Standard 2: The project shall serve individuals with disabilities that impair their capacity to obtain competitive employment. In selecting persons to receive services, priority shall be given to individuals with severe disabilities.</P>
      <P>Standard 3: The project shall ensure the provision of services that will assist in the placement of persons with disabilities.</P>
      <P>Standard 4: Funds shall be used to achieve the project's primary objective at minimum cost to the federal government.</P>
      <P>Standard 5: The project's advisory council shall provide policy guidance and assistance in the conduct of the project.</P>
      <P>Standard 6: Working relationships, including partnerships, shall be established with agencies and organizations in order to expand the project's capacity to meet its objectives.</P>
      <P>Standard 7: The project shall obtain positive results in assisting individuals with disabilities to obtain competitive employment.</P>
    </EXTRACT>
  </PART>
</CFRGRANULE>
