[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR403.118]



[Page 49-50]

 

                           TITLE 34--EDUCATION

 

  CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF 

                                EDUCATION

 

PART 403_STATE VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAM

--Table of Contents

 

 Subpart E_What Kinds of Activities Does the Secretary Assist Under the 

                             Basic Programs?

 

Sec. 403.118  Under what circumstances may the Secretary waive the 



distribution requirements for the Postsecondary and Adult Vocational 

Education Programs?



    The Secretary may waive Sec. 403.116(b)(2) for any fiscal or 

program year for which a State submits to the Secretary an application 

for such a waiver that--

    (a) Demonstrates that the formula in Sec. 403.116(b)(2) does not 

result in a distribution of funds to the institutions or consortia of 

eligible institutions within the State that have the highest numbers of 

economically disadvantaged individuals and that an alternative formula 

would result in such a distribution.

    (b) Includes a proposal for an alternative formula that may include 

criteria relating to the number of individuals attending institutions or 

consortia of eligible institutions within the State who--

    (1) Receive need-based postsecondary financial aid provided from 

public funds;

    (2) Are members of families participating in the program for aid to 

families with dependent children under part A of title IV of the Social 

Security Act (42 U.S.C. 601);



[[Page 50]]



    (3) Are enrolled in postsecondary educational institutions that--

    (i) Are funded by the State;

    (ii) Do not charge tuition; and

    (iii) Serve only economically disadvantaged students;

    (4) Are enrolled in programs serving economically disadvantaged 

adults;

    (5) Are participants in programs assisted under the JTPA;

    (6) Are Pell Grant recipients; and

    (c) Proposes an alternative formula that--

    (1) Includes direct counts of students enrolled in the institutions 

or consortia of eligible institutions;

    (2) Directly relates to the status of students as economically 

disadvantaged individuals;

    (3) Is to be uniformly applied to all eligible institutions;

    (4) Does not include fund pools for specific types of institutions 

or consortia of eligible institutions;

    (5) Does not include the direct assignment of funds to a particular 

institution or consortium of eligible institutions on a non-formula 

basis; and

    (6) Identifies a more accurate count of economically disadvantaged 

individuals in the aggregate than does the formula in Sec. 

403.116(b)(2).



(Approved by the Office of Management and Budget under Control No. 1830-

0029)



(Authority: 20 U.S.C. 2341a(b))



[57 FR 36735, Aug. 14, 1992, as amended at 59 FR 38513, July 28, 1994]