PART 2522—AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS Authority: 42 U.S.C. 12571-12595; 12651b-12651d; E.O. 13331, 69 FR 9911, Sec. 1612, Pub. L. 111-13. Source: 59 FR 13796, Mar. 23, 1994, unless otherwise noted. Editorial Note: Nomenclature changes to part 2522 appear at 89 FR 46034, May 28, 2024; 89 FR 66615, Aug. 16, 2024. Subpart A—Minimum Requirements and Program Types § 2522.10 What definitions apply to this part? AmeriCorps You. you [70 FR 39600, July 8, 2005, as amended at 89 FR 46034, May 28, 2024] § 2522.100 What are the minimum requirements that every AmeriCorps program, regardless of type, must meet? Although a wide range of programs may be eligible to apply for and receive support from AmeriCorps, all AmeriCorps subtitle C programs must meet certain minimum program requirements. These requirements apply regardless of whether a program is supported directly by AmeriCorps or through a subgrant. All AmeriCorps programs must: (a) Address educational, public safety, human, or environmental needs, and provide a direct and demonstrable benefit that is valued by the community in which the service is performed; (b) Perform projects that are designed, implemented, and evaluated with extensive and broad-based local input, including consultation with representatives from the community served, participants (or potential participants) in the program, community-based agencies with a demonstrated record of experience in providing services, and local labor organizations representing employees of project sponsors (if such entities exist in the area to be served by the program); (c) Obtain, in the case of a program that also proposes to serve as the project sponsor, the written concurrence of any local labor organization representing employees of the project sponsor who are engaged in the same or substantially similar work as that proposed to be carried out by the AmeriCorps participant; (d) Establish and provide outcome objectives, including a strategy for achieving these objectives, upon which self-assessment and AmeriCorps-assessment of progress can rest. Such assessment will be used to help determine the extent to which the program has had a positive impact: (1) On communities and persons served by the projects performed by the program; (2) On participants who take part in the projects; and (3) In such other areas as the program or AmeriCorps may specify; (e) Strengthen communities and encourage mutual respect and cooperation among citizens of different races, ethnicities, socioeconomic backgrounds, educational levels, both men and women and individuals with disabilities; (f) Agree to seek actively to include participants and staff from the communities in which projects are conducted, and agree to seek program staff and participants of different races and ethnicities, socioeconomic backgrounds, educational levels, and genders as well as individuals with disabilities unless a program design requires emphasizing the recruitment of staff and participants who share a specific characteristic or background. In no case may a program violate the nondiscrimination, nonduplication and nondisplacement rules governing participant selection described in part 2540 of this chapter. In addition, programs are encouraged to establish, if consistent with the purposes of the program, an intergenerational component that combines students, out-of-school youths, and older adults as participants; (g)(1) Determine the projects in which participants will serve and establish minimum qualifications that individuals must meet to be eligible to participate in the program; these qualifications may vary based on the specific tasks to be performed by participants. Regardless of the educational level or background of participants sought, programs are encouraged to select individuals who posses leadership potential and a commitment to the goals of the AmeriCorps program. In any case, programs must select participants in a non-partisan, non-political, non-discriminatory manner, ensuring fair access to participation. In addition, programs are required to ensure that they do not displace any existing paid employees as provided in part 2540 of this chapter; (2) In addition, all programs are required to comply with any pre-service orientation or training period requirements established by AmeriCorps to assist in the selection of motivated participants. Finally, all programs must agree to select a percentage (to be determined by AmeriCorps) of the participants for the program from among prospective participants recruited by AmeriCorps or State Commissions under part 2533 of this chapter. AmeriCorps may also specify a minimum percentage of participants to be selected from the national leadership pool established under § 2522.210(c). AmeriCorps may vary either percentage for different types of AmeriCorps programs; (h) Provide reasonable accommodation, including auxiliary aids and services (as defined in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)) based on the individualized need of a participant who is a qualified individual with a disability (as defined in section 101(8) of such Act (42 U.S.C. 12111(8)). For the purpose of complying with this provision, AmeriCorps programs may apply for additional financial assistance from AmeriCorps pursuant to § 2524.40 of this chapter; (i) Use service experiences to help participants achieve the skills and education needed for productive, active citizenship, including the provision, if appropriate, of structured opportunities for participants to reflect on their service experiences. In addition, all programs must encourage every participant who is eligible to vote to register prior to completing a term of service; (j) Provide participants in the program with the training, skills, and knowledge necessary to perform the tasks required in their respective projects, including, if appropriate, specific training in a particular field and background information on the community, including why the service projects are needed; (k) Provide support services— (1) To participants who are completing a term of service and making the transition to other educational and career opportunities; and (2) To those participants who are school dropouts in order to assist them in earning the equivalent of a high school diploma; (l) Ensure that participants serving in approved AmeriCorps positions receive the living allowance and other benefits described in §§ 2522.240 through 2522.250 of this chapter; (m) Describe the manner in which the AmeriCorps educational awards will be apportioned among individuals serving in the program. If a program proposes to provide such benefits to less than 100 percent of the participants in the program, the program must provide a compelling rationale for determining which participants will receive the benefits and which participants will not. AmeriCorps programs are strongly encouraged to offer alternative post-service benefits to participants who will not receive AmeriCorps educational awards, however AmeriCorps grant funds may not be used to provide such benefits; (n) Agree to identify the program, through the use of logos, common application materials, and other means (to be specified by the AmeriCorps), as part of a larger national effort and to participate in other activities such as common opening ceremonies (including the administration of a national oath or affirmation), service days, and conferences designed to promote a national identity for all AmeriCorps programs and participants, including those participants not receiving AmeriCorps educational awards. This provision does not preclude an AmeriCorps program from continuing to use its own name as the primary identification, or from using its name, logo, or other identifying materials on uniforms or other items; (o) Agree to begin terms of service at such times as AmeriCorps may reasonably require and to comply with any restrictions AmeriCorps may establish as to when the program may take to fill an approved AmeriCorps position left vacant due to attrition; (p) Comply with all evaluation procedures specified by AmeriCorps, as explained in §§ 2522.500 through 2522.560; (q) In the case of a program receiving funding directly from AmeriCorps, meet and consult with the State Commission for the State in which the program operates, if possible, and submit a copy of the program application to the State Commission; and (r) Address any other requirements as specified by AmeriCorps. [59 FR 13796, Mar. 23, 1994, as amended at 67 FR 45360, July 9, 2002; 75 FR 51410, Aug. 20, 2010] § 2522.110 What types of programs are eligible to compete for AmeriCorps grants? Types of programs eligible to compete for AmeriCorps grants include the following: (a) Specialized skills programs. (i) Recruits individuals with special skills or provides specialized pre-service training to enable participants to be placed individually or in teams in positions in which the participants can meet such needs; and (ii) If consistent with the purposes of the program, brings participants together for additional training and other activities designed to foster civic responsibility, increase the skills of participants, and improve the quality of the service provided. (2) A preprofessional training program in which students enrolled in an institution of higher education— (i) Receive training in specified fields, which may include classes containing service-learning; (ii) Perform service related to such training outside the classroom during the school term and during summer or other vacation periods; and (iii) Agree to provide service upon graduation to meet educational, public safety, human, or environmental needs related to such training. (3) A professional corps program that recruits and places qualified participants in positions— (i) As teachers, nurses and other health care providers, police officers, early childhood development staff, engineers, or other professionals providing service to meet educational, public safety, human, or environmental needs in communities with an inadequate number of such professionals; (ii) That may include a salary in excess of the maximum living allowance authorized in § 2522.240(b)(2); and (iii) That are sponsored by public or private nonprofit employers who agree to pay 100 percent of the salaries and benefits (other than any AmeriCorps educational award from the National Service Trust) of the participants. (b) Specialized service programs. (2) A program that seeks to eliminate hunger in communities and rural areas through service in projects— (i) Involving food banks, food pantries, and nonprofit organizations that provide food during emergencies; (ii) Involving the gleaning of prepared and unprepared food that would otherwise be discarded as unusable so that the usable portion of such food may be donated to food banks, food pantries, and other nonprofit organizations; (iii) Seeking to address the long-term causes of hunger through education and the delivery of appropriate services; or (iv) Providing training in basic health, nutrition, and life skills necessary to alleviate hunger in communities and rural areas. (3) A program in which economically disadvantaged individuals who are between the ages of 16 and 24 years of age, inclusive, are provided with opportunities to perform service that, while enabling such individuals to obtain the education and employment skills necessary to achieve economic self-sufficiency, will help their communities meet— (i) The housing needs of low-income families and the homeless; and (ii) The need for community facilities in low-income areas. (c) Community-development programs. (2) A program that is administered by a combination of nonprofit organizations located in a low-income area, provides a broad range of services to residents of such an area, is governed by a board composed in significant part of low-income individuals, and is intended to provide opportunities for individuals or teams of individuals to engage in community projects in such an area that meet unaddressed community and individual needs, including projects that would— (i) Meet the needs of low-income children and youth aged 18 and younger, such as providing after-school ‘safe-places’, including schools, with opportunities for learning and recreation; or (ii) Be directed to other important unaddressed needs in such an area. (d) Programs that expand service program capacity. (2) An AmeriCorps entrepreneur program that identifies, recruits, and trains gifted young adults of all backgrounds and assists them in designing solutions to community problems. (e) Campus-based programs. (1) Students who are attending an institution of higher education, including students participating in a work-study program assisted under part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq. (2) Teams composed of such students; or (3) Teams composed of a combination of such students and community residents. (f) Intergenerational programs. (g) Youth development programs. (1) Undertakes meaningful service projects with visible public benefits, including natural resource, urban renovation, or human services projects; (2) Includes as participants youths and young adults between the ages of 16 and 25, inclusive, including out-of-school youths and other disadvantaged youths (such as youths with limited basic skills, youths in foster care who are becoming too old for foster care, youths of limited English proficiency, homeless youths, and youths who are individuals with disabilities) who are between those ages; and (3) Provides those participants who are youths and young adults with— (i) Crew-based, highly structured, and adult-supervised work experience, life skills, education, career guidance and counseling, employment training, and support services; and (ii) The opportunity to develop citizenship values and skills through service to their community and the United States. (h) Individualized placement programs. (i) Other programs. Subpart B—Participant Eligibility, Requirements, and Benefits § 2522.200 What are the eligibility requirements for an AmeriCorps participant? (a) Eligibility. (1)(i) Be at least 17 years of age at the commencement of service; or (ii) Be an out-of-school youth 16 years of age at the commencement of service participating in a program described in § 2522.110(b)(3) or (g); (2)(i) Have a high school diploma or its equivalent; or (ii) Not have dropped out of elementary or secondary school to enroll as an AmeriCorps participant and must agree to obtain a high school diploma or its equivalent prior to using the education award; or (iii) Obtain a waiver from AmeriCorps of the requirements in paragraphs (a)(2)(i) and (a)(2)(ii) of this section based on an independent evaluation secured by the program demonstrating that the individual is not capable of obtaining a high school diploma or its equivalent; or (iv) Be enrolled in an institution of higher education on an ability to benefit basis and be considered eligible for funds under section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091); (3) Be a citizen, national, or lawful permanent resident alien of the United States; (4) Satisfy the National Service Criminal History Check eligibility criteria pursuant to 45 CFR 2540.202. (b) Written declaration regarding high school diploma sufficient for enrollment. (c) Primary documentation of status as a U.S. citizen or national. (1) A birth certificate showing that the individual was born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, or the Northern Mariana Islands; (2) A United States passport; (3) A report of birth abroad of a U.S. Citizen (FS-240) issued by the State Department; (4) A certificate of birth-foreign service (FS 545) issued by the State Department; (5) A certification of report of birth (DS-1350) issued by the State Department; (6) A certificate of naturalization (Form N-550 or N-570) issued by the Immigration and Naturalization Service; or (7) A certificate of citizenship (Form N-560 or N-561) issued by the Immigration and Naturalization Service. (d) Primary documentation of status as a lawful permanent resident alien of the United States. (1) Permanent Resident Card, INS Form I-551; (2) Alien Registration Receipt Card, INS Form I-551; (3) A passport indicating that the INS has approved it as temporary evidence of lawful admission for permanent residence; or (4) A Departure Record (INS Form I-94) indicating that the INS has approved it as temporary evidence of lawful admission for permanent residence. (e) Secondary documentation of citizenship or immigration status. [64 FR 37413, July 12, 1999, as amended at 67 FR 45360, July 9, 2002; 77 FR 60931, Oct. 5, 2012] § 2522.205 To whom must I apply eligibility criteria relating to criminal history? You must apply eligibility criteria relating to criminal history to individuals specified in 45 CFR 2540.201. [86 FR 11146, Feb. 24, 2021] § 2522.206 [Reserved] § 2522.207 How do I determine an individual's eligibility to serve in a covered position? To determine an individual's eligibility to serve in a covered position, you must follow the procedures in part 2540 of this chapter. [77 FR 60932, Oct. 5, 2012] § 2522.210 How are AmeriCorps participants recruited and selected? (a) Local recruitment and selection. (b)(1) National and State recruitment and selection. et seq. (2) Dissemination of information. et seq. (c) National leadership pool Selection and training. (2) Emphasis on certain individuals. (i) In the Peace Corps; (ii) As VISTA volunteers; (iii) As participants in AmeriCorps programs receiving assistance under parts 2520 through 2524 of this chapter; (iv) As participants in National Service Demonstration programs that received assistance from the Commission on National and Community Service; or (v) As members of the Armed Forces of the United States and who were honorably discharged from such service. (3) Assignment. § 2522.220 What are the required terms of service for AmeriCorps participants? (a) Term of Service. (1) Full-time service. (2) Part-time service. (3) Reduced part-time term of service. (4) Summer programs. (b) Eligibility for subsequent term. (c) Participant evaluation. (1) A determination of whether the participant: (i) Successfully completed the required term of service described in paragraph (a) of this section, making the participant eligible for an educational award as described in § 2522.240(a); (ii) Was released from service for compelling personal circumstances, making the participant eligible for a pro-rated educational award as described in § 2522.230(a)(2); or (iii) Was released from service for cause, making the participant ineligible to receive an educational award for that term of service as described in § 2522.230(b)(3); and (2) A participant performance and conduct review to determine whether the participant's service was satisfactory, which will assess whether the participant: (i) Has satisfactorily completed assignments, tasks, or projects, or, for those participants released from service early, whether the participant made a satisfactory effort to complete those assignments, tasks, or projects that the participant could reasonably have addressed in the time the participant served; and (ii) Has met any other criteria which had been clearly communicated both orally and in writing at the beginning of the term of service. (d) Limitation. (e) Grievance procedure. (f) Extension of term for disaster purposes. [59 FR 13796, Mar. 23, 1994, as amended at 73 FR 53759, Sept. 17, 2008; 74 FR 46506, Sept. 10, 2009; 75 FR 51410, Aug. 20, 2010; 89 FR 46034, May 28, 2024] § 2522.230 Under what circumstances may an AmeriCorps participant be released from completing a term of service, and what are the consequences? An AmeriCorps program may release a participant from completing a term of service for compelling personal circumstances, as determined by the program, or for cause. (a) Release for compelling personal circumstances. (1) An AmeriCorps program may release a participant upon a determination by the program, consistent with the criteria listed in paragraphs (a)(6) and (a)(7) of this section, that the participant is unable to complete the term of service because of compelling personal circumstances, if the participant has otherwise performed satisfactorily and has completed at least fifteen percent of the agreed term of service. (2) A participant who is released for compelling personal circumstances and who completes at least 15 percent of the required term of service is eligible for a pro-rated education award. (3) The program must document the basis for any determination that compelling personal circumstances prevent a participant from completing a term of service. (4) Compelling personal circumstances include: (i) Those that are beyond the participant's control, such as, but not limited to: (A) A participant's disability or serious illness; (B) Disability, serious illness, or death of a participant's family member if this makes completing a term unreasonably difficult or impossible; or (C) Conditions attributable to the program or otherwise unforeseeable and beyond the participant's control, such as a natural disaster, a strike, relocation of a spouse, or the nonrenewal or premature closing of a project or program, that make completing a term unreasonably difficult or impossible; (ii) Those that AmeriCorps, has for public policy reasons, determined as such, including: (A) Military service obligations; (B) Acceptance by a participant of an opportunity to make the transition from welfare to work; or (C) Acceptance of an employment opportunity by a participant serving in a program that includes in its approved objectives the promotion of employment among its participants. (5) Compelling personal circumstances do not include leaving a program: (i) To enroll in school; (ii) To obtain employment, other than in moving from welfare to work or in leaving a program that includes in its approved objectives the promotion of employment among its participants; or (iii) Because of dissatisfaction with the program. (6) As an alternative to releasing a participant, an AmeriCorps*State/National program may, after determining that compelling personal circumstances exist, suspend the participant's term of service for up to two years (or longer if approved by AmeriCorps based on extenuating circumstances) to allow the participant to complete service with the same or similar AmeriCorps program at a later time. (b) Release for cause. (2) AmeriCorps programs must release for cause any participant who is convicted of a felony or the sale or distribution of a controlled substance during a term of service. (3) A participant who is released for cause may not receive any portion of the AmeriCorps education award or any other payment from the National Service Trust. (4) An individual who is released for cause must disclose that fact in any subsequent applications to participate in an AmeriCorps program. Failure to do so disqualifies the individual for an education award, regardless of whether the individual completes a term of service. (5) An AmeriCorps*State/National participant released for cause may contest the program's decision by filing a grievance. Pending the resolution of a grievance procedure filed by an individual to contest a determination by a program to release the individual for cause, the individual's service is considered to be suspended. For this type of grievance, a program may not—while the grievance is pending or as part of its resolution—provide a participant with federally-funded benefits (including payments from the National Service Trust) beyond those attributable to service actually performed, without the program receiving written approval from AmeriCorps. (6) An individual's eligibility for a subsequent term of service in AmeriCorps will not be affected by release for cause from a prior term of service so long as the individual received a satisfactory end-of-term performance review as described in § 2522.220(c)(2) for the period served in the prior term. (7) Except as provided in paragraph (e) of this section, a term of service from which an individual is released for cause counts as one of the terms of service described in § 2522.235 for which an individual may receive the benefits described in §§ 2522.240 through 2522.250. (c) Suspended service. (2) A program must suspend the service of an individual who is convicted of possession of a controlled substance. (3) An individual may not receive a living allowance or other benefits, and may not accrue service hours, during a period of suspension under this provision. (d) Reinstatement. (2) A program may reinstate an individual whose service was suspended under paragraph (c)(2) of this section only if the individual demonstrates the following: (i) For an individual who has been convicted of a first offense of the possession of a controlled substance, the individual must have enrolled in a drug rehabilitation program; (ii) For an individual who has been convicted for more than one offense of the possession of a controlled substance, the individual must have successfully completed a drug rehabilitation program. (e) Release prior to serving 15 percent of a term of service. [64 FR 37413, July 12, 1999, as amended at 73 FR 53759, Sept. 17, 2008; 74 FR 46506, Sept. 10, 2009; 75 FR 51410, Aug. 20, 2010] § 2522.235 Is there a limit on the number of terms an individual may serve in an AmeriCorps State and National program? The number of terms an individual may serve in an AmeriCorps State and National program is not limited, but the limitations in paragraphs (a) and (b) of this section apply. (a) An individual may attain only the aggregate value of two full-time education awards. (b) AmeriCorps will fund the benefits described in §§ 2522.240 through 2522.250 only for the number of terms needed to attain the aggregate value of two full-time education awards or for four terms, whichever is longer. Grantees may choose to fund benefits for any additional terms. [90 FR 5724, Jan. 17, 2025] § 2522.240 What financial benefits do AmeriCorps participants serving in approved AmeriCorps positions receive? (a) AmeriCorps education awards. (b) Living allowances Amount. (2) Maximum living allowance. (i) AmeriCorps assistance may not be used to pay for any portion of the allowance; and (ii) The program must be operated directly by the applicant, selected on a competitive basis by submitting an application to AmeriCorps, and may not be included in a State's application for AmeriCorps program funds distributed by formula under § 2521.30(a)(2) of this chapter. (3) Living allowances for part-time participants. (4) Waiver or reduction of living allowance for programs. (5) Waiver or reduction of living allowance by participants. (6) Limitation on Federal share. (c) Financial benefits for participants during an extended term of service for disaster purposes. [59 FR 13796, Mar. 23, 1994, as amended at 71 FR 10611, Mar. 2, 2006; 73 FR 53760, Sept. 17, 2008; 74 FR 46506, Sept. 10, 2009; 75 FR 51410, Aug. 20, 2010; 89 FR 46034, May 28, 2024] § 2522.245 How are living allowances disbursed? A living allowance is not a wage and programs may not pay living allowances on an hourly basis. Programs must distribute the living allowance at regular intervals and in regular increments, and may increase living allowance payments only on the basis of increased living expenses such as food, housing, or transportation. Living allowance payments may only be made to a participant during the participant's term of service and must cease when the participant concludes the term of service. Programs may not provide a lump sum payment to a participant who completes the originally agreed-upon term of service in a shorter period of time. [73 FR 53760, Sept. 17, 2008] § 2522.250 What other benefits do AmeriCorps participants serving in approved AmeriCorps positions receive? (a) Child Care. (1) Need. (i) Is the parent or legal guardian of, or is acting in loco parentis for, a child under 13 who resides with the participant; (ii) Has a family income that does not exceed 75 percent of the State's median income for a family of the same size; (iii) At the time of acceptance into the program, is not currently receiving child care assistance from another source, including a parent or guardian, which would continue to be provided while the participant serves in the program; and (iv) Certifies that he or she needs child care in order to participate in the program. (2) Provider eligibility. (3) Child care allowance. (4) AmeriCorps share. (b) Health care. (i) Provides the minimum benefits determined by AmeriCorps; (ii) Provides the alternative minimum benefits determined by AmeriCorps; or (iii) Does not provide all of either the minimum or the alternative minimum benefits but that has a fair market value equal to or greater than the fair market value of a policy that provides the minimum benefits. (2) Participant eligibility. (3) AmeriCorps share. (ii) AmeriCorps will pay no share of the cost of a policy that does not provide the minimum or alternative minimum benefits described in paragraphs (b)(1)(i) and (b)(1)(ii) of this section. [59 FR 13796, Mar. 23, 1994, as amended at 70 FR 39600, July 8, 2005] Subpart C—Application Requirements § 2522.300 What are the application requirements for AmeriCorps program grants? All eligible applicants seeking AmeriCorps program grants must— (a) Provide a description of the specific program(s) being proposed, including the type of program and of how it meets the minimum program requirements described in § 2522.100; and (b) Comply with any additional requirements as specified by AmeriCorps in the application package. § 2522.310 What are the application requirements for AmeriCorps educational awards only? (a) Eligible applicants may apply for AmeriCorps educational awards only for one of the following eligible service positions: (1) A position for a participant in an AmeriCorps program that: (i) Is carried out by an entity eligible to receive support under part 2521 of this chapter; (ii) Would be eligible to receive assistance under this part, based on criteria established by AmeriCorps, but has not applied for such assistance; (2) A position facilitating service-learning in a program described in parts 2515 through 2519 of this chapter; (3) A position involving service as a crew leader in a youth corps program or a similar position supporting an AmeriCorps program; and (4) Such other AmeriCorps positions as AmeriCorps considers to be appropriate. (b) Because programs applying only for AmeriCorps educational awards must, by definition, meet the same basic requirements as other approved AmeriCorps programs, applicants must comply with the same application requirements specified in § 2522.300. § 2522.320 [Reserved] § 2522.330 [Reserved] § 2522.340 How will I know if two projects are the same? AmeriCorps will consider two projects to be the same if AmeriCorps cannot identify a meaningful difference between the two projects based on a comparison of the following characteristics, among others: (a) The objectives and priorities of the projects; (b) The nature of the services provided; (c) The program staff, participants, and volunteers involved; (d) The geographic locations in which the services are provided; (e) The populations served; and (f) The proposed community partnerships. [73 FR 53760, Sept. 17, 2008] Subpart D—Selection of AmeriCorps Programs § 2522.400 What process does AmeriCorps use to select new grantees? AmeriCorps uses a multi-stage process, which may include review by panels of experts, AmeriCorps staff review, and approval by the Chief Executive Officer or the Board of Directors, or their designee. [70 FR 39600, July 8, 2005] § 2522.410 What is the role of AmeriCorps' Board of Directors in the selection process? The Board of Directors has general authority to determine the selection process, including priorities and selection criteria, and has authority to make grant decisions. The Board may delegate these functions to the Chief Executive Officer. [70 FR 39600, July 8, 2005] § 2522.415 How does the grant selection process work? The selection process includes: (a) Determining whether your proposal complies with the application requirements, such as deadlines and eligibility requirements; (b) Applying the basic selection criteria to assess the quality of your proposal; (c) Applying any applicable priorities or preferences, as stated in these regulations and in the applicable Notice of Funding Availability; and (d) Ensuring innovation and geographic, demographic, and programmatic diversity across AmeriCorps' national AmeriCorps portfolio. [70 FR 39600, July 8, 2005] § 2522.420 What basic criteria does AmeriCorps use in making funding decisions? In evaluating your application for funding, AmeriCorps will assess: (a) Your program design; (b) Your organizational capability; and (c) Your program's cost-effectiveness and budget adequacy. [70 FR 39600, July 8, 2005] § 2522.425 [Reserved] § 2522.430 [Reserved] § 2522.435 [Reserved] § 2522.440 What weight does AmeriCorps give to each category of the basic criteria? In evaluating applications, AmeriCorps assigns the following weights for each category: Category Percentage Program design 50 Organizational capability 25 Cost-effectiveness and budget adequacy 25 [70 FR 39600, July 8, 2005] § 2522.445 [Reserved] § 2522.448 [Reserved] § 2522.450 What types of programs or program models may receive special consideration in the selection process? Following the scoring of proposals under § 2522.440 of this part, AmeriCorps will seek to ensure that its portfolio of approved programs includes a meaningful representation of proposals that address one or more of the following priorities: (a) Program models: (2) Lower-cost professional corps programs, as defined in paragraph (a)(3) of § 2522.110 of this chapter. (b) Program activities: (2) Programs that address educational needs, including those that carry out literacy and tutoring activities generally, and those that focus on reading for children in the third grade or younger; (3) Programs that focus on homeland security activities that support and promote public safety, public health, and preparedness for any emergency, natural or man-made (this includes programs that help to plan, equip, train, and practice the response capabilities of many different response units ready to mobilize without warning for any emergency); (4) Programs that address issues relating to the environment; (5) Programs that support independent living for seniors or individuals with disabilities; (6) Programs that increase service and service-learning on higher education campuses in partnership with their surrounding communities; (7) Programs that foster opportunities for Americans born in the post-World War II baby boom to serve and volunteer in their communities; and (8) Programs that involve community-development by finding and using local resources, and the capacities, skills, and assets of lower-income people and their community, to rejuvenate their local economy, strengthen public and private investments in the community, and help rebuild civil society. (c) Programs supporting distressed communities: (1) A community designated as an empowerment zone or redevelopment area, targeted for special economic incentives, or otherwise identifiable as having high concentrations of low-income people; (2) An area that is environmentally distressed, as demonstrated by Federal and State data; (3) An area adversely affected by Federal actions related to managing Federal lands that result in significant regional job losses and economic dislocation; (4) An area adversely affected by reductions in defense spending or the closure or realignment of military installation; (5) An area that has an unemployment rate greater than the national average unemployment for the most recent 12 months for which State or Federal data are available; (6) A rural community, as demonstrated by Federal and State data; or (7) A severely economically distressed community, as demonstrated by Federal and State data. (d) Other programs: [70 FR 39600, July 8, 2005] § 2522.455 How do I find out about additional priorities governing the selection process? AmeriCorps posts discretionary funding opportunities addressing AmeriCorps' selection preferences and additional requirements on our website at www.nationalservice.gov www.grants.gov [70 FR 39600, July 8, 2005] § 2522.460 To what extent may AmeriCorps or a State commission consider priorities other than those stated in these regulations or the Notice of Funding Availability? (a) AmeriCorps may give special consideration to a national service program submitted by a State commission that does not meet one of AmeriCorps' priorities if the State commission adequately explains why the State is not able to carry out a program that meets one of AmeriCorps' priorities, and why the program meets one of the State's priorities. (b) A State may apply priorities different than those of AmeriCorps in selecting its formula programs. [70 FR 39600, July 8, 2005] § 2522.465 What information must a State commission submit on the relative strengths of applicants for State competitive funding? (a) If you are a State commission applying for State competitive funding, you must prioritize the proposals you submit in rank order based on their relative quality and according to the following table: If you submit this Then you must rank 1 to 12 At least top 5. 13 to 24 At least top 10. 25 or more At least top 15. (b) While the rankings you provide will not be determinative in the grant selection process, and AmeriCorps will not be bound by them, we will consider them in our selection process. [70 FR 39600, July 8, 2005] § 2522.470 What other factors or information may AmeriCorps consider in making final funding decisions? (a) AmeriCorps will seek to ensure that our portfolio of AmeriCorps programs is programmatically, demographically, and geographically diverse and includes innovative programs, and projects in rural, high poverty, and economically distressed areas. (b) In applying the selection criteria under §§ 2522.420 through 2522.435, AmeriCorps may, with respect to a particular proposal, also consider one or more of the following for purposes of clarifying or verifying information in a proposal, including conducting due diligence to ensure an applicant's ability to manage Federal funds: (1) For an applicant that has previously received an AmeriCorps grant, any information or records the applicant submitted to AmeriCorps, or that AmeriCorps has in its system of records, in connection with its previous grant ( e.g. (2) Program evaluations; (3) Member-related information from AmeriCorps' systems; (4) Other AmeriCorps internal information, including information from the Office of Inspector General, administrative standards for State commissions, and reports on program training and technical assistance; (5) IRS Tax Form 990; (6) An applicant organization's annual report; (7) Information relating to the applicant's financial management from AmeriCorps records; (8) Member satisfaction indicators; (9) Publicly available information including: (i) Socio-economic and demographic data, such as poverty rate, unemployment rate, labor force participation, and median household income; (ii) Information on where an applicant and its activities fall on the U.S. Department of Agriculture's urban-rural continuum (Beale codes); (iii) Information on the nonprofit and philanthropic community, such as charitable giving per capita; (iv) Information from an applicant organization's website; and (v) U.S. Department of Education data on Federal Work Study and Community Service; and (10) Other information, following notice in the relevant Notice of Funding Availability, of the specific information and AmeriCorps' intention to be able to consider that information in the review process. (c) Before approving a program grant to a State commission, AmeriCorps will consider a State commission's capacity to manage and monitor grants. [70 FR 39600, July 8, 2005] § 2522.475 To what extent must I use AmeriCorps' selection criteria and priorities when selecting formula programs or operating sites? You must ensure that the selection criteria you use include the following criteria: (a) The quality of the national service program proposed to be carried out directly by the applicant or supported by a grant from the applicant. (b) The innovative aspects of the national service program, and the feasibility of replicating the program. (c) The sustainability of the national service program. (d) The quality of the leadership of the national service program, the past performance of the program, and the extent to which the program builds on existing programs. (e) The extent to which participants of the national service program are recruited from among residents of the communities in which projects are to be conducted, and the extent to which participants and community residents are involved in the design, leadership, and operation of the program. (f) The extent to which projects would be conducted in one of the areas listed in § 2522.450(c)(1) through (5) of this subpart. (g) In the case of applicants other than States, the extent to which the application is consistent with the application of the State in which the projects would be conducted. (h) Such other criteria as AmeriCorps considers to be appropriate, following appropriate notice. [70 FR 39600, July 8, 2005] § 2522.480 Can a State's application for formula funds be rejected? Yes. Formula funds are not an entitlement. (a) Notification. (b) Revision. (c) Redistribution. [59 FR 13796, Mar. 23, 1994. Redesignated at 70 FR 39600, July 8, 2005] § 2522.485 How do I calculate my program's budgeted AmeriCorps cost per member service year (MSY)? If you are an AmeriCorps national and community service program, you calculate your AmeriCorps cost per MSY by dividing AmeriCorps' share of budgeted grant costs by the number of member service years you are awarded in your grant. You do not include child-care or the cost of the education award a member may earn through serving with your program. [70 FR 39603, July 8, 2005] Subpart E—Evaluation Requirements § 2522.500 What is the purpose of this subpart? (a) This subpart sets forth the minimum performance measures and evaluation requirements that you as an AmeriCorps applicant or grantee must follow. (b) The performance measures that you, as an applicant, propose when you apply will be considered in the review process and may affect whether AmeriCorps selects you to receive a grant. Your performance related to your approved measures will influence whether you continue to receive funding. (c) Performance measures and evaluations are designed to strengthen your AmeriCorps program and foster continuous improvement, and help identify best practices and models that merit replication, as well as programmatic weaknesses that need attention. [70 FR 39603, July 8, 2005] § 2522.510 To whom does this subpart apply? This subpart applies to you if you are an AmeriCorps grantee administering an AmeriCorps grant, including an Education Award Program grant, or if you are applying to receive AmeriCorps funding from AmeriCorps. [70 FR 39603, July 8, 2005] § 2522.520 What special terms are used in this subpart? The following definitions apply to terms used in this subpart of the regulations: (a) Approved application (b) Community beneficiaries (c) Outputs (d) Intermediate-outcomes (e) Internal evaluation (f) End-outcomes (g) Grantee (h) National performance measures (i) You [70 FR 39603, July 8, 2005; 70 FR 48882, Aug. 22, 2005] § 2522.530 May I use AmeriCorps' program grant funds for performance measurement and evaluation? If performance measurement and evaluation costs were approved as part of your grant, you may use your program grant funds to support them, consistent with the level of approved costs for such activities in your grant award. [70 FR 39603, July 8, 2005] § 2522.540 Do the costs of performance measurement or evaluation count towards the statutory cap on administrative costs? No, the costs of performance measurement and evaluation do not count towards the statutory five percent cap on administrative costs in the grant, as provided in § 2540.110 of this chapter. [70 FR 39603, July 8, 2005] Performance Measures: Requirements and Procedures § 2522.550 What basic requirements must I follow in measuring performance under my grant? All grantees must establish, track, and assess performance measures for their programs. As a grantee, you must ensure that any program under your oversight fulfills performance measure and evaluation requirements. In addition, you must: (a) Establish ambitious performance measures in consultation with AmeriCorps, or the State commission, as appropriate, following §§ 2422.560 through 2422.660 of this subpart; (b) Ensure that any program under your oversight collects and organizes performance data on an ongoing basis, at least annually; (c) Ensure that any program under your oversight tracks progress toward meeting your performance measures; (d) Ensure that any program under your oversight corrects performance deficiencies promptly; and (e) Accurately and fairly present the results in reports to AmeriCorps. [70 FR 39603, July 8, 2005] § 2522.560 What are performance measures and performance measurement? (a) Performance measures are measurable indicators of a program's performance as it relates to member service activities. (b) Performance measurement is the process of regularly measuring the services provided by your program and the effect your program has in communities or in the lives of members or community beneficiaries. (c) The main purpose of performance measurement is to strengthen your AmeriCorps program and foster continuous improvement and to identify best practices and models that merit replication. Performance measurement will also help identify programmatic weaknesses that need attention. [70 FR 39603, July 8, 2005] § 2522.570 What information on performance measures must my grant application include? You must submit all of the following as part of your application for each program: (a) Proposed performance measures, as described in § 2522.580 and § 2522.590 of this part. (b) Estimated performance data for the program years for which you submit your application; and (c) Actual performance data, where available, as follows: (i) For continuation programs, performance data over the course of the grant to date; and (ii) For recompeting programs, performance data for the preceding three-year grant cycle. [70 FR 39603, July 8, 2005] § 2522.580 What performance measures am I required to submit to AmeriCorps? (a) When applying for funds, you must submit, at a minimum, the following performance measures: (1) One set of aligned performance measures (one output, one intermediate-outcome, and one end-outcome) that capture the results of your program's primary activity, or area of significant activity for programs whose design precludes identifying a primary activity; and (2) Any national performance measures AmeriCorps may require, as specified in paragraph (b) of § 2522.590. (b) For example, a tutoring program might use the following aligned performance measures: (1) Output: Number of students that participated in a tutoring program; (2) Intermediate-Outcome: Percent of students reading more books; and (3) End-Outcome: Number and percent of students who have improved their reading score to grade level. (c) AmeriCorps encourages you to exceed the minimum requirements expressed in this section and expects, in second and subsequent grant cycles, that you will more fully develop your performance measures, including establishing multiple performance indicators, and improving and refining those you used in the past. Any performance measures you submit beyond what is required in paragraph (a)(1) of this section may or may not be aligned sets of measures. [70 FR 39603, July 8, 2005] § 2522.590 Who develops my performance measures? (a) You are responsible for developing your program-specific performance measures through your own internal process. (b) In addition, AmeriCorps may, in consultation with grantees, establish performance measures that will apply to all AmeriCorps-sponsored programs, which you will be responsible for collecting and meeting. [70 FR 39603, July 8, 2005] § 2522.600 Who approves my performance measures? (a) AmeriCorps will review and approve performance measures, as part of the grant application review process, for all non-formula programs. If AmeriCorps selects your application for funding, AmeriCorps will approve your performance measures as part of your grant award. (b) If you are a program submitting an application under the State formula category, the applicable State commission is responsible for reviewing and approving your performance measures. AmeriCorps will not separately approve these measures. [70 FR 39603, July 8, 2005] § 2522.610 What is the difference in performance measurements requirements for competitive and formula programs? (a) Except as provided in paragraph (b) of this section, State commissions are responsible for making the final determination of performance measures for State formula programs, while AmeriCorps makes the final determination for all other programs. (b) AmeriCorps may, through the State commission, require that formula programs meet certain national performance measures above and beyond what the State commission has individually negotiated with its formula grantees. (c) While State commissions must hold their sub-grantees responsible for their performance measures, a State commission, as a grantee, is responsible to AmeriCorps for its formula programs' performance measures. [70 FR 39603, July 8, 2005] § 2522.620 How do I report my performance measures to AmeriCorps? AmeriCorps sets specific reporting requirements, including frequency and deadlines, for performance measures in the grant award. (a) In general, you are required to report on the actual results that occurred when implementing the grant and to regularly measure your program's performance. (b) Your report must include the results on the performance measures approved as part of your grant award. (c) At a minimum you are required to report on outputs at the end of year one and outputs and intermediate outcomes at the end of years two and three. We encourage you to exceed these minimum requirements. [70 FR 39603, July 8, 2005, as amended at 73 FR 53760, Sept. 17, 2008] § 2522.630 What must I do if I am not able to meet my performance measures? If you are not on track to meet your performance measures, you must develop and submit to AmeriCorps, or the State commission for formula programs, a corrective action plan, consistent with paragraph (a) of this section, or submit a request to AmeriCorps, or the State commission for formula programs, consistent with paragraph (b) of this section, to amend your requirements under the circumstances described in § 2522.640 of this subpart. (a) Your corrective action plan must be in writing and include all of the following: (1) The factors impacting your performance goals; (2) The strategy you are using and corrective action you are taking to get back on track toward your established performance measures; and (3) The timeframe in which you plan to achieve getting back on track with your performance measures. (b) A request to amend your performance measures must include all of the following: (1) Why you are not on track to meet your performance requirements; (2) How you have been tracking performance measures; (3) Evidence of the corrective action you have taken; (4) Any new proposed performance measures or targets; and (5) Your plan to ensure that you meet any new measures. (c) You must submit your plan under paragraph (a) of this section, or your request under paragraph (b) of this section, within 30 days of determining that you are not on track to meeting your performance measures. (d) If you are a formula program, the State commission that approves the plan under paragraph (a) of this section or the request to amend your performance measures under paragraph (b) of this section, must forward an information copy to AmeriCorps' program office within 15 days of approving the plan or the request. [70 FR 39603, July 8, 2005] § 2522.640 Under what circumstances may I change my performance measures? (a) You may change your performance measures only if AmeriCorps or, for formula programs, the State commission, approves your request to do so based on your need to: (1) Adjust your performance measure or target based on experience so that your program's goals are more realistic and manageable; (2) Replace a measure related to one issue area with one related to a different issue area that is more aligned with your program service activity. For example, you may need to replace an objective related to health with one related to the environment; (3) Redefine the service that individuals perform under the grant. For example, you may need to define your service as tutoring adults in English, as opposed to operating an after-school program for third-graders; (4) Eliminate an activity because you have been unable to secure necessary matching funding; or (5) Replace one measure with another. For example, you may decide that you want to replace one measure of literacy tutoring (increased attendance at school) with another (percentage of students who are promoted to the next grade level). (b) [Reserved] [70 FR 39603, July 8, 2005] § 2522.650 What happens if I fail to meet the performance measures included in my grant? (a) If you are significantly under-performing based on the performance measures approved in your grant, or fail to collect appropriate data to allow performance measurement, AmeriCorps, or the State commission for formula grantees, may specify a period of correction, after consulting with you. As a grantee, you must report results at the end of the period of correction. At that point, if you continue to under-perform, or fail to collect appropriate data to allow performance measurement, AmeriCorps may take one or more of the following actions: (1) Reduce the amount of your grant; (2) Suspend or terminate your grant; (3) Use this information to assess any application from your organization for a new AmeriCorps grant or a new grant under another program administered by AmeriCorps; (4) Amend the terms of any AmeriCorps grants to your organization; or (5) Take other actions that AmeriCorps deems appropriate. (b) If you are a State commission whose formula program(s) is significantly under-performing or failing to collect appropriate data to allow performance measurement, we encourage you to take action as delineated in paragraph (a) of this section. [70 FR 39603, July 8, 2005] Evaluating Programs: Requirements and Procedures § 2522.700 How does evaluation differ from performance measurement? (a) Evaluation is a more in-depth, rigorous effort to measure the impact of programs. While performance measurement and evaluation both include systematic data collection and measurement of progress, evaluation uses scientifically-based research methods to assess the effectiveness of programs by comparing the observed program outcomes with what would have happened in the absence of the program. Unlike performance measures, evaluations estimate the impacts of programs by comparing the outcomes for individuals receiving a service or participating in a program to the outcomes for similar individuals not receiving a service or not participating in a program. For example, an evaluation of a literacy program may compare the reading ability of students in a program over time to a similar group of students not participating in a program. (b) Performance measurement is the process of systematically and regularly collecting and monitoring data related to the direction of observed changes in communities, participants (members), or end beneficiaries receiving your program's services. It is intended to provide an indication of your program's operations and performance. In contrast to evaluation, it is not intended to establish a causal relationship between your program and a desired (or undesired) program outcome. For example, a performance measure for a literacy program may include the percentage of students receiving services from your program who increase their reading ability from “below grade level” to “at or above grade level”. This measure indicates something good is happening to your program's service beneficiaries, but it does not indicate that the change can be wholly attributed to your program's services. [70 FR 39603, July 8, 2005] § 2522.710 What are my evaluation requirements? (a) If you are a State commission, you must establish and enforce evaluation requirements for your State formula subgrantees, as you deem appropriate. (b) If you are a State competitive or direct AmeriCorps grantee (other than an Education Award Program grantee), and your average annual AmeriCorps program grant is $500,000 or more, you must arrange for an independent evaluation of your program, and you must submit the evaluation with any application to AmeriCorps for competitive funds as required in § 2522.730 of this subpart. (c) If you are a State competitive or direct AmeriCorps grantee whose average annual AmeriCorps program grant is less than $500,000, or an Education Award Program grantee, you must conduct an internal evaluation of your program, and you must submit the evaluation with any application to AmeriCorps for competitive funds as required in § 2522.730 of this subpart. (d) AmeriCorps may, in its discretion, supersede these requirements with an alternative evaluation approach, including one conducted by the AmeriCorps at the national level. (e) Grantees must cooperate fully with all AmeriCorps evaluation activities. [70 FR 39603, July 8, 2005] § 2522.720 How many years must my evaluation cover? (a) If you are a State formula grantee, you must conduct an evaluation, as your State commission requires. (b) If you are a State competitive or direct AmeriCorps grantee, your evaluation must cover a minimum of one year but may cover longer periods. [70 FR 39603, July 8, 2005] § 2522.730 How and when do I submit my evaluation to the AmeriCorps? (a) If you are an existing grantee recompeting for AmeriCorps funds for the first time, you must submit a summary of your evaluation efforts or plan to date, and a copy of any evaluation that has been completed, as part of your application for funding. (b) If you again compete for AmeriCorps funding after a second three-year grant cycle, you must submit the completed evaluation with your application for funding. [70 FR 39603, July 8, 2005] § 2522.740 How will the AmeriCorps use my evaluation? AmeriCorps will consider the evaluation you submit with your application as follows: (a) If you do not include with your application for AmeriCorps funding a summary of the evaluation, or the evaluation itself, as applicable, under § 2522.730, AmeriCorps reserves the right to not consider your application. (b) If you do submit an evaluation with your application, AmeriCorps will consider the results of your evaluation in assessing the quality and outcomes of your program. [70 FR 39603, July 8, 2005] § 2522.800 How will AmeriCorps evaluate individual AmeriCorps programs? AmeriCorps will evaluate programs based on the following: (a) The extent to which the program meets the objectives established and agreed to by the grantee and AmeriCorps before the grant award; (b) The extent to which the program is cost-effective; and (c) The effectiveness of the program in meeting the following legislative objectives: (1) Providing direct and demonstrable services and projects that benefit the community by addressing educational, public safety, human, or environmental needs; (2) Recruiting and enrolling diverse participants consistent with the requirements of part 2540 of this chapter, based on economic background, race, ethnicity, age, gender, marital status, education levels, and disability; (3) Promoting the educational achievement of each participant based on earning a high school diploma or its equivalent and future enrollment in and completion of increasingly higher levels of education; (4) Encouraging each participant to engage in public and community service after completion of the program based on career choices and participation in other service programs; (5) Promoting an ethic of active and productive citizenship among participants; (6) Supplying additional volunteer assistance to community agencies without providing more volunteers than can be effectively utilized; (7) Providing services and activities that could not otherwise be performed by employed workers and that will not supplant the hiring of, or result in the displacement of, employed workers; and (8) Other criteria determined and published by AmeriCorps. [59 FR 13796, Mar. 23, 1994. Redesignated at 70 FR 39603, July 8, 2005] § 2522.810 What will AmeriCorps do to evaluate the overall success of the AmeriCorps programs? (a) AmeriCorps will conduct independent evaluations of programs, including in-depth studies of selected programs. These evaluations will consider the opinions of participants and members of the community where services are delivered. Where appropriate these studies will compare participants with individuals who have not participated in service programs. These evaluations will: (1) Study the extent to which the national service impacts involved communities; (2) Study the extent to which national service increases positive attitudes among participants regarding the responsibilities of citizens and their role in solving community problems; (3) Study the extent to which national service enables participants to afford post-secondary education with fewer student loans; (4) Determine the costs and effectiveness of different program models in meeting program objectives including full- and part-time programs, programs involving different types of national service, programs using different recruitment methods, programs offering alternative non-federally funded vouchers or post-service benefits, and programs utilizing individual placements and teams; (5) Determine the impact of programs in each State on the ability of VISTA and National Senior Volunteer Corps, each regular and reserve component of the Armed Forces, and the Peace Corps to recruit individuals residing in that State; and (6) Determine the levels of living allowances paid in all AmeriCorps programs and American Conservation and Youth Corps, individually, by State, and by region and determine the effects that such living allowances have had on the ability of individuals to participate in such programs. (b) AmeriCorps will also determine by June 30, 1995: (1) Whether the State and national priorities designed to meet educational, public safety, human, or environmental needs are being addressed; (2) Whether the outcomes of both stipended and nonstipended service programs are defined and measured appropriately; (3) Whether stipended service programs, and service programs providing educational benefits in return for service, should focus on economically disadvantaged individuals or at risk youth, or whether such programs should include a mix of individuals, including individuals from middle and upper income families; (4) The role and importance of stipends and educational benefits in achieving desired outcomes in the service programs; (5) The income distribution of AmeriCorps participants, to determine the level of participation of economically disadvantaged individuals. The total income of participants will be determined as of the date the participant was first selected to participate in a program and will include family total income unless the evaluating entity determines that the participant was independent at the time of selection. Definitions for “independent” and “total income” are those used in section 480(a) of the Higher Education Act of 1965; (6) The amount of assistance provided under the AmeriCorps programs that has been expended for projects conducted in areas classified as empowerment zones (or redevelopment areas), in areas that are targeted for special economic incentives or are otherwise identifiable as having high concentrations of low-income people, in areas that are environmentally distressed or adversely affected by Federal actions related to the management of Federal lands, in areas that are adversely affected by reductions in defense spending, or in areas that have an unemployment rate greater than the national average unemployment rate for the most recent 12 months for which satisfactory data are available; and (7) The implications of the results of these studies as appropriate for authorized funding levels. [59 FR 13796, Mar. 23, 1994. Redesignated at 70 FR 39603, July 8, 2005] § 2522.820 Will information on individual participants be kept confidential? (a) Yes. AmeriCorps will maintain the confidentiality of information regarding individual participants that is acquired for the purpose of the evaluations described in § 2522.540. AmeriCorps will disclose individual participant information only with the prior written consent of the participant. However, AmeriCorps may disclose aggregate participant information. (b) Grantees and subgrantees that receive assistance under this chapter must comply with the provisions of paragraph (a) of this section. [59 FR 13796, Mar. 23, 1994. Redesignated at 70 FR 39603, July 8, 2005] Subpart F—Program Management Requirements for Grantees Source: 70 FR 39606, July 8, 2005, unless otherwise noted. § 2522.900 What definitions apply to this subpart? Tutor § 2522.910 What basic qualifications must an AmeriCorps member have to serve as a tutor? If the tutor is: Then the tutor must meet the following qualifications: (a) Is considered to be an employee of the Local Education Agency or school, as determined by State law Paraprofessional qualifications under No Child Left Behind Act, as required in 34 CFR 200.58 (b) Is not considered to be an employee of the Local Education Agency or school, as determined by State law (1) High School diploma or its equivalent, or a higher degree; and (2) Successful completion of pre- and in-service specialized training, as required in § 2522.940 of this subpart. [59 FR 13796, Mar. 23, 1994, as amended at 74 FR 46506, Sept. 10, 2009] § 2522.920 Are there any exceptions to the qualifications requirements? The qualifications requirements in § 2522.910 of this subpart do not apply to a member who is a K-12 student tutoring younger children in the school or after school as part of a structured, school-managed cross-grade tutoring program. § 2522.930 [Reserved] § 2522.940 What are the requirements for a program in which AmeriCorps members serve as tutors? A program in which members engage in tutoring for children must: (a) Articulate appropriate criteria for selecting and qualifying tutors, including the requirements in § 2522.910 of this subpart, and certify that selected tutors meet the requirements in § 2522.910. (b) Identify the strategies or tools it will use to assess student progress and measure student outcomes; (c) Certify that the tutoring curriculum and pre-service and in-service training content are high-quality and research-based, consistent with the instructional program of the local educational agency and with State academic content standards. (d) Include appropriate member supervision by individuals with expertise in tutoring; and (e) Provide specialized high-quality and research-based, member pre-service and in-service training consistent with the activities the member will perform. [70 FR 39606, July 8, 2005, as amended at 74 FR 46506, Sept. 10, 2009] § 2522.950 What requirements and qualifications apply if my program focuses on supplemental academic support activities other than tutoring? (a) If your program does not involve tutoring as defined in § 2522.900 of this subpart, AmeriCorps will not impose the requirements in § 2522.910 through § 2522.940 of this subpart on your program. (b) At a minimum, you must articulate in your application how you will recruit, train, and supervise members to ensure that they have the qualifications and skills necessary to provide the service activities in which they will be engaged.