[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR388.21]

[Page 457]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 388--STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING--Table of Contents
 
            Subpart C--How Does the Secretary Make an Award?
 
Sec.  388.21  How does the Secretary determine the amount of a basic State award?

    (a) The Secretary distributes no more than 80 percent of the funds 
available for these awards as follows:
    (1) For each competition the Secretary will determine a minimum 
score based upon the selection criteria in Sec.  388.20 that an 
applicant must receive in order for its application to be approved by 
the Secretary.
    (2) Each designated State agency that submits an approved 
application receives an amount based upon a formula that provides each 
approved project an amount equal to the percentage that the designated 
State agency's staff, as reported by total person years to the Secretary 
on Form RSA-2, represents of all staff of all designated State agencies, 
as reported to the Secretary on Form RSA-2 for the most recent reporting 
period. A copy of Form RSA-2 may be obtained from the Department of 
Education, 400 Maryland Avenue, S.W., 3211 Switzer Building, Washington, 
D.C. 22204-2735.
    (3) No designated State agency with an approved project receives 
less than one-third of one percent of the sums made available for the 
fiscal year.
    (b) After determining a designated State agency's award under 
paragraph (a) of this section, the Secretary reserves the remaining 
funds to be allocated based on the quality of the application as 
determined by competitive reviews conducted by the Department using the 
criteria in Sec.  388.20 and the priorities in Sec.  388.22.
    (c) Prior to award, negotiations may be conducted with applicants to 
resolve any problems or weaknesses in the application identified by the 
review process.

(Authority: 29 U.S.C. 711(c), 770, and 771a)