[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: 34CFR607.10]



[Page 236-239]

 

                           TITLE 34--EDUCATION

 

 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 607_STRENGTHENING INSTITUTIONS PROGRAM--Table of Contents

 

                            Subpart A_General

 

Sec. 607.10  What activities may and may not be carried out under a grant?



    (a) Planning grants. Under a planning grant, a grantee shall 

formulate--

    (1) A comprehensive development plan described in Sec. 607.8; and

    (2) An application for a development grant.

    (b) Development grants--allowable activities. Under a development 

grant, except as provided in paragraph (c) of this section, a grantee 

shall carry out activities that implement its comprehensive development 

plan and hold promise for strengthening the institution. Activities that 

may be carried out include, but are not limited to--

    (1) Faculty exchanges, faculty fellowships, and faculty development 

that provide faculty with the skills and knowledge needed to--

    (i) Develop academic support services, including advising and 

mentoring students;

    (ii) Develop academic programs or methodology, including computer-

assisted instruction, that strengthen the academic quality of the 

institution; or

    (iii) Acquire terminal degrees that are required to obtain or retain 

accreditation of an academic program or department;

    (2) Funds and administrative management that will improve the 

institution's ability to--

    (i) Manage financial resources in an efficient and effective manner; 

and

    (ii) Collect, access, and use information about the institution's 

operations for improved decisionmaking;

    (3) Developing and improving academic programs that enable the 

institution to--

    (i) Develop new academic programs or new program options that show 

promise for increased student enrollment;

    (ii) Provide new technology or methodology to increase student 

success and retention or to retain accreditation; or



[[Page 237]]



    (iii) Improve curriculum or methodology for existing academic 

programs to stabilize or increase student enrollment;

    (4) Acquiring equipment for use in strengthening management and 

academic programs to achieve objectives such as those described in 

paragraphs (b)(2) and (b)(3) of this section;

    (5) Establishing or increasing the joint use of facilities such as 

libraries and laboratories to--

    (i) Eliminate the distance and high cost associated with providing 

academic programs and academic support; or

    (ii) Provide clinical experience that is part of an approved 

academic program at off-campus locations;

    (6) Developing or improving student services to provide--

    (i) New or improved methods to deliver student services, including 

counseling, tutoring, and instruction in basic skills; or

    (ii) Improved strategies to train student services personnel;

    (7) Payment of any portion of the salary of a dean, with proper 

justification, to fill a position under the project such as project 

coordinator or activity director. For purposes of this paragraph, proper 

justification includes evidence that the position entitled ``Dean'' is 

not one that has college-wide administrative authority and 

responsibility;

    (8) Purchase, rental, or lease of scientific or laboratory equipment 

for educational purposes, including instructional and research purposes;

    (9) Construction, maintenance, renovation, and improvement in 

classrooms, libraries, laboratories, and other instructional facilities, 

including the integration of computer technology into institutional 

facilities to create smart buildings;

    (10) Establishing or improving a development office to strengthen or 

improve contributions from alumni and the private sector;

    (11) Establishing or improving an endowment fund, provided a grantee 

uses no more than 20 percent of its grant funds for this purpose and at 

least matches those grant funds with non-Federal funds;

    (12) Creating or improving facilities for Internet or other distance 

learning academic instruction capabilities, including purchase or rental 

of telecommunications technology equipment or services;

    (13) For grants authorized under section 316 of the HEA to tribal 

colleges or universities--

    (i) Purchase, rental, or lease of scientific or laboratory equipment 

for educational purposes, including instructional and research purposes;

    (ii) Construction, maintenance, renovation, and improvement in 

classroom, library, laboratory, and other instructional facilities, 

including purchase or rental of telecommunications technology equipment 

or services;

    (iii) Support of faculty exchanges, faculty development, and faculty 

fellowships to assist in attaining advanced degrees in their field of 

instruction;

    (iv) Curriculum development and academic instruction;

    (v) Purchase of library books, periodicals, microfilm, and other 

educational materials, including telecommunications program materials;

    (vi) Funds and administrative management, and acquisition of 

equipment for use in strengthening funds management;

    (vii) Joint use of facilities such as laboratories and libraries; 

and

    (viii) Academic tutoring and counseling programs and student support 

services designed to improve academic services;

    (ix) Academic instruction in disciplines in which Indians are 

underrepresented;

    (x) Establishing or improving a development office to strengthen or 

improve contributions from the alumni and the private sector;

    (xi) Establishing or enhancing a program of teacher education 

designed to qualify students to teach in elementary schools or secondary 

schools, with a particular emphasis on teaching Indian children and 

youth, that shall include, as part of such program, preparation for 

teacher certification;

    (xii) Establishing community outreach programs that encourage Indian 

elementary school and secondary school students to develop the academic 

skills and the interest to pursue postsecondary education; and



[[Page 238]]



    (xiii) Establishing or improving an endowment fund, provided a 

grantee uses no more than 20 percent of its grant funds for this purpose 

and at least matches those grant funds with non-Federal funds; or

    (14) For grants authorized under section 317 of the HEA to Alaska 

Native-serving institutions and Native Hawaiian-serving institutions--

    (i) Purchase, rental, or lease of scientific or laboratory equipment 

for educational purposes, including instructional and research purposes;

    (ii) Renovation and improvement in classroom, library, laboratory, 

and other instructional facilities;

    (iii) Support of faculty exchanges, faculty development, and faculty 

fellowships to assist in attaining advanced degrees in the faculty's 

field of instruction;

    (iv) Curriculum development and academic instruction;

    (v) Purchase of library books, periodicals, microfilm, and other 

educational materials;

    (vi) Funds and administrative management, and acquisition of 

equipment for use in strengthening funds management;

    (vii) Joint use of facilities such as laboratories and libraries;

    (viii) Academic tutoring and counseling programs and student support 

services.

    (c) Development grants--unallowable activities. A grantee may not 

carry out the following activities or pay the following costs under a 

development grant:

    (1) Activities that are not included in the grantee's approved 

application.

    (2) Activities that are inconsistent with any State plan for higher 

education that is applicable to the institution, including, but not 

limited to, a State plan for desegregation of higher education.

    (3) Activities or services that relate to sectarian instruction or 

religious worship.

    (4) Activities provided by a school or department of divinity. For 

the purpose of this provision, a ``school or department of divinity'' 

means an institution, or a department of an institution, whose program 

is specifically for the education of students to prepare them to become 

ministers of religion or to enter into some other religious vocation or 

to prepare them to teach theological subjects.

    (5) Developing or improving non-degree or non-credit courses other 

than basic skills development courses.

    (6) Developing or improving community-based or community services 

programs, unless the program provides academic-related experiences or 

academic credit toward a degree for degree students, or unless it is an 

outreach program that encourages Indian elementary school and secondary 

school students to develop the academic skills and the interest to 

pursue postsecondary education.

    (7) Purchase of standard office equipment, such as furniture, file 

cabinets, bookcases, typewriters, or word processors.

    (8) Payment of any portion of the salary of a president, vice 

president, or equivalent officer who has college-wide administrative 

authority and responsibility at an institution to fill a position under 

the grant such as project coordinator or activity director.

    (9) Costs of organized fund-raising, including financial campaigns, 

endowment drives, solicitation of gifts and bequests, and similar 

expenses incurred solely to raise capital or obtain contributions.

    (10) Costs of student recruitment such as advertisements, 

literature, and college fairs.

    (11) Services to high school students, unless they are part of a 

program to encourage Indian students to develop the academic skills and 

the interest to pursue postsecondary education.

    (12) Instruction in the institution's standard courses as indicated 

in the institution's catalog.

    (13) Costs for health and fitness programs, transportation, and day 

care services.

    (14) Student activities such as entertainment, cultural, or social 

enrichment programs, publications, social clubs, or associations.

    (15) Activities that are operational in nature rather than 

developmental in nature.

    (d) Endowment funds. If a grantee uses part of its grant funds to 

establish or increase an endowment fund under



[[Page 239]]



paragraphs (b)(11) or (b)(13)(xiii) of this section, it must comply with 

the provisions of Sec. Sec. 628.3, 628.6, 628.10 and 628.41 through 

628.47 of this chapter with regard to the use of those funds, except--

    (1) The definition of the term ``endowment fund income'' in Sec. 

628.6 of this chapter does not apply. For the purposes of this paragraph 

(d), ``endowment fund income'' means an amount equal to the total value 

of the fund, including fund appreciation and retained interest and 

dividends, minus the endowment fund corpus.

    (2) Instead of the requirement in Sec. 628.10(a) of this chapter, 

the grantee institution must match each dollar of Federal grant funds 

used to establish or increase an endowment fund with one dollar of non-

Federal funds; and

    (3) Instead of the requirements in Sec. 628.41(a)(3) through (a)(5) 

and the introductory text in Sec. 628.41(b) and Sec. 628.41(b)(2) and 

(b)(3) of this chapter, if a grantee institution decides to use any of 

its grant funds for endowment purposes, it must match those grant funds 

immediately with non-Federal funds when it places those funds into its 

endowment fund.



(Authority: 20 U.S.C. 1057 et seq.)



[52 FR 30529, Aug. 14, 1987, as amended at 59 FR 41923, Aug. 15, 1994; 

60 FR 15447, Mar. 23, 1995; 64 FR 70154, Dec. 15, 1999; 65 FR 79310, 

Dec. 19, 2000]