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					Learn and Serve America: CHESP Grant Program     2005-2006 Continuation Application




                                    APPENDICES


     Matching or Cost-Sharing Guidelines – p. 1
     Match Worksheet – p. 3
     Volunteer Worksheet – p. 5
     Corporation for National and Community Service – p. 6
     Restrictions on Political Activities – p. 8
     Public Awareness or Advocacy? – p. 9
     Provisions and Assurances – p. 11
Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application



              Matching or Cost Sharing Guidelines
MATCH TYPES

The Learn and Serve America grant requires a dollar-for-dollar match (local cost share), which may be a
cash match or an in-kind match as defined below.

Cash Match: Actual cash donated or contributed to the project.

In-Kind Match: Items which are donated to the project by the district, other organizations, or individuals.
This includes time of teachers or supervisors to run the project, substitutes, secretarial services, volunteer
time, transportation, office space, supplies and materials, furniture and equipment, etc.

MATCH SOURCES

The match or cost share may come from any source, federal or non-federal, other than from programs
authorized under the National Service Laws (Learn and Serve America K-12, Community-based, Higher
Education, and Tribal; State and National Direct AmeriCorps* and AmeriCorps* VISTA; and Senior
Companions, Foster Grandparents, and the Retired Senior Volunteer Program). These sources include
but are not limited to:

Other Educational Programs: Federal and non-federal programs that contribute to the service-learning
project in cash or in-kind can be sources for the match.
   *Example: A Title I technology coordinator at an elementary school spends one class period a day
    assisting students with an e-mail pen-pal project that is part of a cross-age tutoring project with the
    district high school. This portion of the technology coordinator’s time can be assessed as match or
    cost share.

Program Income: Money earned through sales and services related to program implementation is
considered program income and may be used as cash match.
   *Example: Middle school students design, develop, and tend a community garden. With vegetables
    from the garden and recipes from community members, the students produce a cookbook and their
    own salsa for sale. Proceeds from the sales may be used as a cash match for the grant.

Donated Services – Volunteers: Unpaid services of individuals are valued at rates consistent with those
paid for similar work in the subgrantee’s organization. If the subgrantee does not have employees
performing similar work, the rates must be consistent with those for similar work. A reasonable amount
for fringe benefits may be included in the valuation. Note well that, because the purpose of this grant is to
enable and stimulate volunteer community service, you may not include the value of direct community
service performed by volunteers. However, you may include the value of volunteer services contributed
to the organization for organizational functions such as accounting, audit, training, and programs. In
short, you can’t count the match f the volunteer service is the goal of the project, but you can count it if it’s
designed to support the project.
  *Example – nonallowable match: An individual undergoes training in early literacy strategies and
    becomes a volunteer tutor working one-on-one with elementary students in conjunction with a service-
    learning project called “Each One Tutor One” that is designed to enlist and support a network of
    volunteer tutors. The volunteer’s services could not be counted because the program is designed to
    develop this kind of volunteer.
  * Example – allowable match: An individual undergoes training in mentoring and literacy strategies and
    becomes a volunteer tutor and mentor working one-on-one with middle school students who tutor
    elementary students through a service-learning project called “Treehouse Tutors” that is designed to
    connect middle school and elementary school students. Since the volunteer is providing support for

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Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application

   the middle school tutors (who are providing the project’s service), you can count the volunteer’s time
   at an equivalent district rate, plus fringe benefits.

  *Example – allowable match: An architect teaches high school students about drafting and, with their
   input, develops a blueprint for a playground that the students will construct with help from community
   partners. Since she’s helping the students prepare for their project and is providing these services on
   her own time, and since the district doesn’t have an architect on staff, her volunteer hours can be
   valued at her standard rates, plus fringe benefits.

Donated Services - Employees of Other Organizations: When employees of other organizations provide
their services free of charge as part of their normal duties, their services are valued at their regular rate of
pay, exclusive of fringe benefits.
   *Example: A staff member of the Adopt-a-Nursing Home project provides training for middle school
     students on working with seniors. Since these services are part of the staff member’s regular job
     duties, his services would be valued at his regular rate of pay, without fringe benefits. Also, since her
     services are training, they can be counted as match.

Donated Supplies: If a third party donates supplies, the contribution is valued at the market rate of the
supplies at the time of donation.
   *Example: Elementary school students conduct a campaign to identify neighborhood “safe” houses
    and educate the community about ways to reduce crime and violence. Student-developed brochures
    are printed for free by a local copying store, so the project can include the market value of the printing
    costs as matching or cost share.

Loaned Equipment or Space: If a third party donates the use of equipment or space in a building but
retains title, the contribution will be valued at the fair rental rate of the equipment or space.
   *Example: High school students in a health class studying issues of aging organize and hold a prom
    for local senior citizens. A local hotel agrees to let the students use a ballroom to host the event, so
    the project can list the regular rental rate for the space as matching or cost share.

Donated Equipment, Buildings, or Land: The use of donated equipment, buildings, or land for matching
or cost share requires the prior approval of the Texas Center for Service-Learning and the Corporation for
National Service.

MATCH GUIDELINES

Only allowable costs may be used for matching, whether from grantee or subgrantee expenses or from
third-party in-kind contributions. Allowable costs are those that are allowable under the grant guidelines.
(See the Budget Notes on pages 4-5 of the Instructions for expenditure guidelines.) Allowable costs for
matching must be incurred during the grant period.

MATCH DOCUMENTATION

Verifiable records must be maintained by the subgrantee that document cash match and
in-kind match. These records must also show the formula used to determine the match where applicable.
When volunteer hours are used, sign-in sheets or some other form of documentation must be maintained
to demonstrate the match. Records must be retained by the subgrantee and made available for audit for
a period of not less than five years from the date of completion of the project.

See the Match Worksheets on pages 16-17 of this section for examples of how to document match and
the Volunteer Worksheet on page 18 of this section for examples of how to document volunteer time.




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Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application



                                       Match Worksheets
Project Title: __________________________________________                           Date:__________________

Project Coordinator:____________________________________                            Phone: ________________

Cash Match
                                                           Check one of the following:
                       Source                                                                         Total
                                                          Federal    State       Local




In-Kind Match – Payroll Costs (District)
           Person/Position                      Services Provided                  Cost Basis           Total




In-Kind Match – Donated Services/Volunteers
           Person/Position                      Services Provided                  Cost Basis           Total




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Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application


In-Kind Match – Employees of Other Organizations
           Person/Position                      Services Provided                  Cost Basis           Total




In-Kind Match – Supplies and Materials
                Item                             Source                      Cost Basis               Total




In-Kind Match – Other Operating Expenses
                Item                             Source                      Cost Basis               Total




Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)               Appendices – Page 4
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Learn and Serve America: CHESP Grant Program                                                            2005-2006 Continuation Application

                                                              Volunteer Worksheet

                NAME                                       SERVICE PERFORMED               WAGE BASIS       HOURS           TOTAL




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                The Corporation for National and
                      Community Service

The Corporation for National and Community Service connects Americans of all ages with opportunities for
civic participation to build and strengthen local communities by engaging in service. Together, the
Corporation’s three main programs— AmeriCorps*, Learn and Serve America, and Senior Corps—promote
the ethic of service and meet the nation’s educational, public safety, environmental, and human needs.

In partnership with non-profit groups, faith-based organizations, schools, other public agencies and
businesses, participants in these programs tutor children, build and renovate homes, provide immunizations
and health screenings, clean up and preserve the environment, serve on neighborhood crime-prevention
patrols, and respond to disasters.

The USA Freedom Corps, a broad-based effort by President Bush to coordinate citizen volunteer efforts here
and abroad by devoting the equivalent of at least two years of their lives––4,000 hours––to service. The
National Service programs are a way that citizens can answer the President’s call for increased service to
their community and the nation.

AmeriCorps
AmeriCorps, the domestic Peace Corps, engages more than 30,000 individuals in intensive, results-driven
service sponsored by local and national nonprofits. In return for their service, AmeriCorps members earn
education awards that help pay for college or pay back student loans. AmeriCorps members serve with
AmeriCorps VISTA (Volunteers in Service to America), AmeriCorps NCCC (the National Civilian
Community Corps), and hundreds of national and local nonprofit organizations.

In Texas, AmeriCorps State grants are administered by the Texas Commission on Volunteerism and
Community Service; AmeriCorps VISTA grants are administered by the state office of the Corporation for
National and Community Service.
Learn and Serve America
Nearly a million students of all ages apply academics skills to solve community problems through service-
learning programs assisted by Learn and Serve America school-based, community-based, higher education,
and tribal grants. Through structured service-learning projects, students help meet community needs,
improve academic achievement, learn problem-solving skills, and develop habits of good citizenship.

In Texas, the Learn and Serve School-based grants are administered collaboratively by the Texas Education
Agency (grantee), Region 14 Education Service Center (fiscal agent), the Texas Center for Service-Learning
(program coordinator and the office of statewide initiatives for Region 14 ESC), and the regional education
service centers (subgrant, training, and technical assistance providers).

Senior Corps
Through Senior Corps more than half a million Americans age 55 and older share their time and talents to
help solve critical problems as Foster Grandparents serving one-on-one with young people with special
needs; as Senior Companions helping other seniors live independently in their homes; and in the Retired and

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Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application

Senior Volunteer Program (RSVP) meeting a wide range of community needs. In Texas, Senior Corps
grants are administered by the state office of the Corporation for National and Community Service.

Further information is available from the following sources:

Corporation for National and                               AmeriCorps, 1-800-942-2677
Community Service                                          Learn and Serve America, 202-606-5000
1201 New York Avenue, N.W.                                 Senior Corps, 1-800-424-8867
Washington, D.C. 20525
www.nationalservice.org

CNCS Texas Program Office                                  National Civilian Community Corps
300 E. 8th Street, Suite G-100                             NCCC Central Region
Austin, TX 78701-3220                                      1059 South Yosemite Street
512-916-5671, phone                                        Building 758, Room 213
512-916-5806, fax                                          Denver, CO 80230
                                                           303-340-7301, phone




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Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application




              Restrictions on Political Activities
Activities supported by the Corporation for National and Community Service (including Texas CHESP
grants), cannot include participation in, or endorsement of, events which are likely to include advocacy for or
against political parties, political platforms, political candidates, proposed legislation, or elected officials.
These restrictions do not encompass activities undertaken by individuals or organizations on their own time,
at their own initiative, with their own funds, and in a manner that demonstrates that Corporation support is
not involved.

Here are several examples:

May National Service participants* attend a political rally welcoming national political leaders to
a locality?

    No. It is not permissible for National Service participants to participate in such rallies, particularly in an
    election year.

May National Service participants attend an event, such as a debate between candidates, which
itself is not partisan but which will likely include advocacy for or against political parties,
platforms, candidates, proposed legislation, or elected officials?

    No. Attendance at such an event must be on the individual’s own time, at the individual’s own initiative,
    without using Corporation funds, and in a manner that does not suggest that Corporation support is
    involved.

May an organization that receives Corporation funds sponsor an event that is likely to include
advocacy for or against political parties, platforms, candidates, proposed legislation, or elected
officials?

    If an organization that receives Corporation funds decides to sponsor or endorse such an event, it must
    not use Corporation support to do so and it must avoid any appearance that it is doing so in its capacity
    as a Corporation-supported organization.

May an organization that receives Corporation funds involve students in voter registration
events?

    In the context of educational institutions, participation by service-learning participants in non-partisan
    voter registration is likely to be perceived as educational rather than as political, particularly when it is
    part of a project focused on civics or government in a democracy. For this reason, such participation is
    an appropriate service-learning activity.

*For the Corporation for National and Community Service, the term participant means an individual aged 5 to
17 who is enrolled in a program that receives assistance from Learn and Serve America. In this sense, a
participant may not be considered to be an employee of the program in which the participant is enrolled.




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Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application




                  Public Awareness or Advocacy?
Why the Need for Public Awareness?
It is important to increase public awareness about your project or cause in order to earn support for your
program. This support may come in many forms. Businesses could provide money to help fund the project.
Parents may push the school board to implement the project in their schools. Citizens may urge politicians to
change certain rules and regulations. Politicians may appropriate more money toward your cause. Whatever
the case, the better you promote your project or cause, the more successful you will be.

Advocacy and Non-Profit Organizations
Serving the community involves more than volunteering. While the power of example, set by volunteers, is
important, some participants may wish to take a more active role in promoting their project. However,
nonprofit groups must exercise caution when engaging in political advocacy.
The Lobbying Disclosure Act of 1995 established new regulations for nonprofit organizations that engage in
political advocacy, i.e. efforts to influence legislative and executive branch decisions. Basically, the
Lobbying Disclosure Act expands the definition of the term "lobbyist" to include nonprofit organizations that
engage in activities designed to influence public policy. Previously, nonprofit organizations were not
required to register with the federal government as lobbyists.
The key issue in understanding the new regulations is the meaning of ―lobbying.‖ A publication of the Center
for Community Change, entitled How- and Why- to Influence Public Policy, offers some clear and concise
definitions. The following section is drawn from this publication.

What is Lobbying?
Direct lobbying is communicating your views to a legislator or staff member or any other government
employee who may help develop the legislation. To be lobbying, you must communicate a view on a
"specific legislative proposal". Even if there is no bill, you would engage in lobbying if you ask a legislator
to take an action that would require legislation, such as funding an agency.
Significantly, if you ask your members to lobby for a bill, that also is considered direct lobbying. People are
considered members if they contribute more than a nominal amount of time and money. However, if you
simply tell people about a specific piece of legislation and your position on it, but you don't encourage them
to contact their legislators, this is not counted as lobbying. Direct lobbying also involves trying to influence
the public on referenda and ballot initiatives. (In these cases, the public are, in essence, the legislators.)
Grassroots lobbying is trying to influence the public to express a particular view to their legislators about a
specific legislative proposal. A communication is considered lobbying (a "grassroots call to action") if it
states that the reader should contact a legislator, or if it provides the legislator's address and/or telephone
number, or provides a postcard or petition that the person can use.
It is also considered a lobbying communication if you simply identify legislators who are opposed to or
undecided about your view of the legislation, or identify the reader's legislators, or state who is on the
committee that will vote on the legislation. This is called ―indirect encouragement.‖ Simply identifying a
bill's sponsor (e.g. the "Istook amendment") is not considered indirect encouragement. (Center for
Community Change, 1996).

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Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application




How do Lobbying Restrictions Affect Federally Funded Projects?

   The first restriction is that no lobbying may be done with any money that
    originated from a federal agency. Of course, this also includes federal monies that pass
    through state agencies or nonprofit organizations. If the Department of Education gives federal monies
    to a local school, the school cannot use this money for advocacy. This means that these funds may not
    be used to pay for long distance phone charges for the call to a legislator's office for lobbying, or for the
    stamp and envelope for the letter sent. Further, if you are paid through federal monies, you cannot do any
    political activity while ―on the clock.‖ If you have any questions, check first.

   Second, you should be aware of local rules governing your actions as an
    employee. Typically, most school districts and governmental agencies forbid any such contact with
    representatives while you are on the job. However when you are "off the clock," restrictions on your
    right to contact your legislator should be nonexistent.

   Third, you must remember that the same restrictions that exist for you also
    exist for your members or students - it would be illegal for an organized
    effort paid for with federal monies to have students send letters pushing for
    legislation. However, if individual students wish to write a letter, they are free to do so. Similarly,
    you could have them write letters to invite legislators to attend celebrations or service days.

How Can We (Legally) Promote Awareness of Our Program?

It is always legal for non-profit organizations to educate others about their programs or causes. One
particularly effective way to reach legislators indirectly is by writing a letter to the editor. Lawmakers and
their staffs always carefully read newspapers, especially local papers in their districts, to keep their fingers on
the pulse of public opinion. So, to let legislators know that a project is a valuable activity that should receive
support, write a letter to the editor of your local newspaper saying so. Both project coordinators and people
of any age can participate in this activity. Letters to the editor from young people in projects are especially
effective, and could be written as a "reflection" activity. Also, op-ed articles and media advisories are
effective ways to get your message out. They are likely to reach a large number of people and, if written
correctly, can be quite persuasive. Also, you may want to create a newsletter and send it to all key
stakeholders, informing them of your project and its successes to date. Finally, you may educate people
about your program by meeting with them in person. For instance, invite key decision makers (politicians,
business leaders, etc.) to be involved with your project or even sit on your planning board or schedule an
appointment to educate your member of Congress about the issues. It is important to remember that
persuading politicians to vote a certain way on an issue is illegal if you are receiving money from a federal
grant. However, simply educating a legislator about your cause is perfectly legal and particularly effective.

For more information, visit the Civic Literacy Project web page (www.serve.indiana.edu). Also, the
Foundation Advocacy Initiative web page (www.afj.org) and the Independent Sector (www.indepsec.org)
have further information on advocating legally.




Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)               Appendices - Page 10
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 Learn and Serve America: CHESP Grant Program                                                        2005-2006 Continuation Application




                               Corporation for National Service Grant Program:
                               Learn and Serve America: CHESP Grant Program
                                           School Year 2005-2006
                                     General Provisions and Assurances


Statement of provisions and assurances for the program(s) in this application:


A.   Terms Defined: As used in these Provisions and Assurances,
      "Contract" means the entire document, whatever its name or form, of which these Provisions and Assurances and other
        attachments and schedules, if any, are a part;
     "Agency" means the Regional Education Service Center (ESC) awarding grants through this program;
     "Contractor" means the party or parties to this contract other than Agency;
     "Project Administrator" means the person representing Agency or Contractor, as indicated by the contract, for the
       purposes of administering the contract project;
     "Contract Project" means the purpose intended to be achieved through the contract of which these Provisions and
       Assurances are a part;
     "Applicant" means the same as "Contractor";
     "Application" means the entire package submitted by the Applicant including the schedules contained in the application
       and so indicated on the General Information page of the application package;
     "Amendment" means an application that is revised in budget categories and/or in program activities. it includes both the
       original application and any subsequent amendments;
     "Grant" means the same as "Contract";
     "Grantee" means the same as "Contractor"; and
     "Grantor" means the same as "Agency."

B.   Contingency: This contract is executed by Agency subject to the availability of funds appropriated by legislative act for
      the purposes stated. All amendments and/or extensions or subsequent contracts entered into for the same or continued
      purposes are executed contingent upon the availability of appropriated funds. Notwithstanding any other provision in this
      contract or any other document, this contract is void upon appropriated funds becoming unavailable. In addition, this
      contract may be terminated by Agency at any time upon notice to Contractor. Expenditures and/or activities for which
      Contractor may claim reimbursement shall not be accrued or claimed subsequent to receipt of such notice from Agency.
      This contract may be extended or otherwise amended only by formal written amendment properly executed by both
      Agency and Contractor. No other agreement, written or oral, purporting to alter or amend this contract shall be valid.

C.     Contractor's Application: Furnished to Agency in response to a request for application, is incorporated in this
       contract by reference for all necessary purposes. It is specifically provided, however, that the provisions of this contract
       shall prevail in all cases of conflict arising from the terms of Contractor's application whether such application is a written
       part of this contract or is attached as a separate document.

D.     Requirements, Terms, Conditions, and Assurances: Which are stated in the Request for Application, in
       response to which Applicant is submitting this application, are incorporated herein by reference for all purposes. The
       instructions to the Standard Application System are incorporated herein by reference.

E.     Signature Authority: Applicant certifies that the person signing this application has been properly delegated this authority.

F.     State of Texas Laws: In the conduct of the contract project, Contractor shall be subject to Texas State Board of
       Education and Commissioner rules pertaining to this contract and the contract project and to the laws of the State of
       Texas governing this contract and the contract project. This contract constitutes the entire agreement between Agency
       and Contractor for the accomplishment of the contract project. This contract shall be interpreted according to the laws of
       the State of Texas except as may be otherwise provided for in this contract.

G.     Monitoring: Desk reviews or on-site monitoring reviews may be conducted by the Texas Education Agency to
       determine compliance with the approved application and the applicable statute(s), law(s), regulations, and guidelines.

H.     Sanctions for Failure to Perform or for Noncompliance: If Contractor, in Agency's sole determination, fails or
       refuses for   any   reason   to  comply   with or  perform    any     of   its   obligations   under      this


 Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                         Appendices - Page 11
 in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                      2005-2006 Continuation Application



                                           School Year 2005-2006
                                         General Provisions and Assurances
                                                     (Continued)


       contract, Agency may impose such sanctions as it may deem appropriate. This includes but is not limited to the
       withholding of payments to Contractor until Contractor complies; the cancellation, termination, or suspension of this
       contract in whole or in part; and the seeking of other remedies as may be provided by this contract or by law. Any
       cancellation, termination, or suspension of this contract, if imposed, shall become effective at the close of business on
       the day of Contractor's receipt of written notice thereof from Agency.

I.     Contract Cancellation, etc.: If this contract is canceled, terminated, or suspended by Agency prior to its expiration
       date, the monetary value of services properly performed by Contractor pursuant to this contract shall be determined by
       Agency and paid to Contractor as soon as reasonably possible.

J.     Indemnification:
       For local educational agencies (LEAs), regional education service centers (ESCs), and institutions of
       higher education (IHEs): Contractor, to the extend permitted by law, shall hold Agency harmless from and shall
       indemnify Agency against any and all claims, demands, and causes of action of whatever kind or nature asserted by any third
       party and occurring or in any way incident to, arising from, or in connection with, any acts of Contractor, its agents,
       employees, and subcontractors, done in the conduct of the contract project.

       For all other grantees, subgrantees, contractors, and subcontractors, including nonprofit
       organizations and for-profit businesses: Contractor shall hold Agency harmless from and shall indemnify Agency
       against any and all claims, demands, and causes of action of whatever kind or nature asserted by any third party and
       occurring or in any way incident to, arising from, or in connection with, any acts of Contractor, its agents, employees, and
       subcontractors, done in the conduct of the contract project.

K.     Encumbrances/Obligations:
       All encumbrances shall occur on or between the beginning and ending dates of the contract. Contractor must liquidate
       (record as an expenditure) all obligations (encumbrances) incurred under the contract not later than 30 days after the
       end of the contract (or as specified in a program regulation, the application rules, or a request for application) to coincide
       with the submission of the final expenditure report, due as specified in the contract. "Obligations" mean the amounts of
       orders placed, contracts and subgrants awarded, goods and services received, and similar transactions during a given
       period that will require payment by the contractor during the same or a future period. Obligations representing orders
       placed are reflected in the accounting records as encumbrances. In no manner shall encumbrances be considered or
       reflected as accounts payable or as expenditures. Obligations that are liquidated and recognized as expenditures must
       meet the allowable cost principles in OMB Circular A-87, A-21, or A-122 (as applicable) and program rules, regulations,
       and guidelines contained elsewhere.

L.     Financial Management and Accounting: Grantee assures it will maintain a financial management system that
       provides for accurate, current, and complete disclosure of the financial results of each grant project. The financial
       management system records will identify adequately the source and application of funds and will contain information
       pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays (i.e., expenditures), income,
       and interest. Fiscal control and accounting procedures will permit the tracing of funds to a level of expenditure adequate
       to establish that funds have been used in accordance with the approved grant application. The applicant agrees to
       maintain effective control over and accountability for all funds, property, and other assets. Public school districts, open
       enrollment charter schools, and regional education service centers in Texas must comply with the accounting
       requirements in the Financial Accounting and Reporting module of the Financial Accountability System Resource Guide,
       Texas Education Agency (34 CFR 74.21; 34 CFR 80.20; TEA Financial Accountability System Resource Guide).

M.     Expenditure Reports: Contractor shall submit expenditure reports in the time and manner requested by Agency as
       specified in the instructions to the application which are incorporated by reference. The final expenditure report is due
       within 30 days after the ending date of the grant. Revised expenditure reports, where the grantee is claiming additional
       expenditures beyond that originally requested, must be submitted within 60 days after the ending date of the grant.

N.     Refunds Due to Agency: If Agency determines that Agency is due a refund of money paid to Contractor pursuant to
       this contract, Contractor shall pay the money due to Agency within 30 days of Contractor's receipt of written notice that
       such money is due to Agency. If Contractor fails to make timely payment, Agency may obtain such money from
       Contractor by any means permitted by law, including but not limited to offset, counterclaim, cancellation, termination,
       suspension, total withholding, and/or disapproval of all or any subsequent applications for said funds.

Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                             Appendices - 12
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                    2005-2006 Continuation Application


                                           School Year 2005-2006
                                         General Provisions and Assurances
                                                     (Continued)


O.     Records Retention: Contractor shall maintain its records and accounts in a manner which shall assure a full
       accounting for all funds received and expended by Contractor in connection with the contract project. These records and
       accounts shall be retained by Contractor and made available for programmatic or financial audit by Agency and by others
       authorized by law or regulation to make such an audit for a period of not less than five years from the date of completion
       of the contract project or the date of the receipt by Agency of Contractor's final claim for payment or final expenditure
       report in connection with this contract, whichever is later. If an audit has been announced, the records shall be retained
       until such audit has been completed.

P.     Time and Effort Recordkeeping: For those personnel whose salaries are prorated between or among different
       funding sources, time and effort records will be maintained by Applicant that will confirm the services provided within
       each funding source. Applicant must adjust payroll records and expenditures based on this documentation. This
       requirement applies to all projects, regardless of funding source, unless otherwise specified. For federally funded
       projects, time and effort records must be in accordance with the requirements in the applicable OMB cost principles.

Q.     Forms, Assurances, and Reports: Contractor shall timely make and file with the proper authorities all forms,
       assurances and reports required by federal laws and regulations. Agency shall be responsible for reporting to the proper
       authorities any failure by Contractor to comply with the foregoing laws and regulations coming to Agency's attention, and
       may deny payment or recover payments made by Agency to Contractor in the event of Contractor's failure so to comply.

R.     Copyright/Ownership:
       For School Districts and Nonprofit Organizations: All materials, conceptions, and products created or conceived by
       Contractor, its employees, agents, consultants or subcontractors arising out of the contract shall be the sole property of
       Agency. Agency shall hold the copyright and shall have the exclusive right to patent and trademark all materials,
       conceptions, and products, created or conceived under this contract. Contractor shall so bind all concerned through
       written agreement with subcontractors.
       For Education Service Centers (ESCs): All materials, conceptions and products created or conceived by Contractor
       hired by the Education Service Center (ESC), its employees, agents, consultants or any subcontractors arising out of the
       contract shall be the sole property of the Texas Education Agency (TEA), and the TEA shall hold the copyright to all
       materials, conceptions, and products, created or conceived under this contract. Contractor shall so bind all concerned
       through written agreement with subcontractors. If Contractor/Subcontractor(s) express an interest in obtaining a license
       agreement to modify, market, or sell the derived material or product developed using grant or contract funds given any of
       the above parties, then contact shall be made with the TEA Legal Division prior to any action being taken.
       For Colleges and Universities: All materials, conceptions and products created or conceived by Contractor, its
       employees, agents, consultants, or subcontractors arising out of the contract shall be the sole property of Agency.
       Agency shall hold the copyright to all materials, conceptions, and products created or conceived under this contract.
       Contractor shall so bind all concerned through written agreement with subcontractors. For all materials, conceptions and
       products created or conceived under the contract, Contractor is granted a non-exclusive, non-transferable, royalty-free
       license to use the materials for its academic mission purposes only, provided, however, that Contractor is prohibited from
       selling or marketing said materials, conceptions, and products, created or conceived under this contract.

S.     Unfair Business Practices: Contractor certifies that no funds provided under this grant shall be used to purchase
       supplies, equipment, or services from any companies found to be guilty of unfair business practices within 12 months
       from the determination of guilt.

T.     Subcontracting: Contractor shall not assign or subcontract any of its rights or responsibilities under this contract,
       except as may be otherwise provided for in this application, without prior formal written amendment to this contract
       properly executed by both Agency and Contractor.

U.     Use of Consultants: Notwithstanding any other provision of this application, Applicant shall not use or pay any
       consultant in the conduct of this application if the services to be rendered by any such consultant can be provided by
       Applicant's employees.




Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                          Appendices - 13
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                       2005-2006 Continuation Application


                                           School Year 2005-2006
                                          General Provisions and Assurances
                                                      (Continued)


V.     Capital Outlay: If Contractor purchases capital outlay (furniture and/or equipment) to accomplish the objective(s) of
       the project, title will remain with Contractor for the period of the contract. Agency reserves the right to transfer capital
       outlay items for contract noncompliance during the contract period or as needed after the ending date of the contract.
       This provision applies to any and all furniture and/or equipment regardless of unit price and how the item is classified in
       Contractor's accounting record.

W.     Agency Property (terms): In the event of loss, damage or destruction of any property owned by or loaned by
       Agency while in the custody or control of Contractor, its employees, agents, consultants or subcontractors, Contractor
       shall indemnify Agency and pay to Agency the full value of or the full cost of repair or replacement of such property,
       whichever is the greater, within 30 days of Contractor's receipt of written notice of Agency's determination of the amount
       due. This applies whether the property is developed or purchased by Contractor pursuant to this contract or is provided
       by Agency to Contractor for use in the contract project. If Contractor fails to make timely payment, Agency may obtain
       such money from Contractor by any means permitted by law, including but not limited to offset or counterclaim against
       any money otherwise due to Contractor by Agency.

X.     Travel Costs: Amounts authorized for maximum recovery for travel and per diem costs against any state or federal
       funding source are restricted to those amounts which are approved in the State of Texas Appropriations Bill in effect for
       the particular funding period. Any amount over this limit must come from local funding sources. Applicant must recover
       funds at a lesser rate if local policy amounts are less than the maximum allowed by the state. Out-of-state travel may not
       exceed the federal government rate for the locale. Travel allowances are not allowable costs.

Y.     Funds for Religious Worship, Instruction: No funds will be used to pay for religious worship, instruction, or
       proselytization, or for any equipment or supplies for such, or for any construction, remodeling, repair, operation, or
       maintenance of any facility or part of a facility to be used for religious worship, instruction, or proselytization (34 CFR
       76.532 and P. L. 107-110, section 9505).

Z.     Disclosure of Gifts and Campaign Contributions: The grantee shall file disclosures of gifts and campaign
       contributions as required by State Board of Education Operating Rule 4.3, which is incorporated as if set out in full. The
       grantee has a continuing obligation to make disclosures through the term of the contract. Failure to comply with State
       Board of Education Operating Rule 4.3 is grounds for canceling the grant.

AA.    Federal Rules, Laws, and Regulations That Apply to all Federal Programs: Contractor shall be subject to
       and shall abide by all federal laws, rules and regulations pertaining to the contract project, including but not limited to:
       1. Americans With Disabilities Act, P. L. 101-336, 42 U.S.C. sec. 12101, and the regulations effectuating its
           provisions contained in 28 CFR Parts 35 and 36, 29 CFR Part 1630, and 47 CFR Parts 0 and 64;
       2. Title VI of the Civil Rights Act of 1964, as amended (prohibition of discrimination by race, color, or national origin),
           and the regulations effectuating its provisions contained in 34 CFR Part 100;
       3. Title IX of the Education Amendments of 1972, as amended (prohibition of sex discrimination in educational
           institutions) and the regulations effectuating its provisions contained in 34 CFR Part 106, if Contractor is an
           educational institution;
       4. Section 504 of the Rehabilitation Act of 1973, as amended (nondiscrimination on the basis of handicapping
           condition), and the regulations effectuating its provisions contained in 34 CFR Part 104;
       5. the Age Discrimination Act of 1975, as amended (prohibition of discrimination on basis of age), and any
           regulations issued thereunder, including the provisions contained in 34 CFR Part 110;
       6. the Family Educational Rights and Privacy Act (FERPA) of 1975, as amended (ensures access to educational
           records for students and parents while protecting the privacy of such records), and any regulations issued
           thereunder, including Privacy Rights of Parents and Students (34 CFR Part 99), if Contractor is an educational
           institution (20 USC 1232g);
       7. Section 509 of H.R. 5233 as incorporated by reference in P. L. 99-500 and P. L. 99-591 (prohibition against the
           use of federal grant funds to influence legislation pending before Congress);
       8. Pro-Children Act of 2001, which states that no person shall permit smoking within any indoor facility owned or leased
           or contracted and utilized for the provision of routine or regular kindergarten, elementary, or secondary education or
           library services to children [P. L. 107-110, Section 4303(a)]. In addition, no person shall permit smoking within any
           indoor facility (or portion of such a facility) owned or leased or contracted and utilized for the provision of regular or
           routine health care or day care or early childhood development (Head Start) services [P. L. 107-110, Section
           4303(b)(1). Any failure to comply with a prohibition in this Act shall be considered to be a violation of this Act and

Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                              Appendices - 14
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                   2005-2006 Continuation Application


                                           School Year 2005-2006
                                         General Provisions and Assurances
                                                     (Continued)


           any person subject to such prohibition who commits such violation may be liable to the United States for a civil
           penalty, as determined by the Secretary of Education (P. L. 107-110, Section 4303(e)(1)].
       9. Fair Labor Standards Act (29 USC 207), Davis Bacon Act (40 USC 276(a), and Contract Work Hours and
           Safety Standards Act (40 USC 327 et seq.), as applicable, and their implementing regulations in 29 CFR 500-899,
           29 CFR Parts 1,3,5, and 7, and 29 CFR Parts 5 and 1926, respectively.
       10. Buy America Act: Contractor certifies that it is in compliance with the Buy America Act in that each end product
           purchased under any federally funded supply contract exceeding $2,500 is considered to have been substantially
           produced or manufactured in the United States. End products exempt from this requirement are those for which the
           cost would be unreasonable, products manufactured in the U. S. that are not of satisfactory quality, or products for
           which the agency head determines that domestic preference would be inconsistent with the public interest.
           Contractor also certifies that documentation will be maintained that documents compliance with this requirement
           (FAR 25.1-.2).

BB. Federal Regulations Applicable to All Federal Programs:
      1. For Local Education Agencies (LEAs): 28 CFR 35 Subparts A-E, 28 CFR 36 Subparts C & D, Appendix A, 29
         CFR 1630, 34 CFR 75 or 76 as applicable, 77, 79, 80, 81, 82, 85, 99, 104, 47 CFR 0 and 64, and OMB Circulars A-
         87 (Cost Principles) and A-133 (Audits);
      2. For Education Service Centers (ESCs): 28 CFR 35 Subparts A-E, 28 CFR 36 Subparts C & D, Appendix A, 29
         CFR 1630, 34 CFR 75 or 76 as applicable, 77, 79, 80, 81, 82, 85, 99, 104, 47 CFR 0 and 64, and OMB Circulars A-
         87 (Cost Principles) and A-133 (Audits);
      3. For Institutions of Higher Education (IHEs): 28 CFR 35 Subparts A-E, 28 CFR 36 Subparts C & D, Appendix A,
         29 CFR 1630, 34 CFR 74, 77, 79, 81, 82, 85, 86, 99, 104, OMB Circular A-21 (Cost Principles), 47 CFR 0 and 64,
         OMB Circular A-133 (Audits), and OMB Circular A-110 (Uniform Administrative Requirements);
      4. For Nonprofit Organizations: 28 CFR 35 Subparts A-E, 28 CFR 36 Subparts C & D, Appendix A, 29 CFR 1630,
         34 CFR 74, 77, 79, 81, 82, 85, 99, 104, 47 CFR 0 and 64, OMB Circulars A-122 (Cost Principles) and A-133
         (Audits), and OMB Circular A-110 (Uniform Administrative Requirements);
      5. For State Agencies: 28 CFR 35 Subparts A-E, 28 CFR 36 Subparts C & D, Appendix A, 29 CFR 1630, 34 CFR 76,
         80, 81, 82, 85, 99, 104, 47 CFR 0 and 64, OMB Circulars A-87 (Cost Principles) and A-133 (Audits), and OMB
         Circular A-110 (Uniform Administrative Requirements); and
      6. For Commercial (for-profit) Organizations: 29 CFR 1630 and 48 CFR Part 31.

CC.    General Education Provisions Act (GEPA), as Amended, Applicable to All Federal Programs
       Funded or Administered Through or By the U. S. Department of Education:
       1. Participation in Planning: Applicant will provide reasonable opportunities for the participation by teachers,
          parents, and other interested parties, organizations, and individuals in the planning for and operation of each
          program described in this application [20 USC 1232(e)].
       2. Availability of Information: Any application, evaluation, periodic program plan, or report relating to each
          program described in this application will be made readily available to parents and other members of the general
          public [20 USC 1232(e)].
       3. Sharing of Information: Contractor certifies that it has adopted effective procedures for acquiring and
          disseminating to teachers and administrators participating in each program described in this application significant
          information from educational research, demonstrations, and similar projects, and for adopting, where appropriate,
          promising educational practices developed through such projects [20 USC 1232(e)].
       4. Prohibition of Funds for Busing: The applicant certifies that no federal funds (except for funds appropriated
          specifically for this purpose) will be used for the transportation of students or teachers (or for the purchase of
          equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the
          transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out
          a plan of racial desegregation of any school or school system (20 USC 1228).
       5. Direct Financial Benefit: Contractor certifies that funds expended under any federal program will not be used
          to acquire equipment (including computer software) in any instance in which such acquisition results in a direct
          financial benefit to any organization representing the interests of the purchasing entity or its employees or any
          affiliate of such an organization [20 USC 1232(b)(8)].


The signing of the Texas CHESP application indicates acceptance of all requirements described on this schedule.

Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                          Appendices - 15
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                       2005-2006 Continuation Application



                                 Corporation for National Service Grant Program:
                                 Learn and Serve America: CHESP Grant Program
                                             School Year 2005-2006

                         Certification Regarding Debarment, Suspension, Ineligibility,
                         and Voluntary Exclusion – Lower Tier Covered Transactions

                        (Required for all federally funded grants regardless of the dollar amount.)


This certification is required by the Department of Education regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part 85, for all lower tier transactions meeting the threshold and tier requirements stated at Section 85.11.

1. By signing and submitting this application, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted
if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "
person," "primary covered transaction," " principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification

(1) The prospective lower tier participant certifies, by signing and submitting this proposal, that neither it nor its principals are
    presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
    this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
    prospective participant shall attach an explanation to this proposal.

Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                               Appendices - 16
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application

ED 80-0014, 9/90 (Replaces GCS-009 (REV.12/88), which is obsolete)

As amended by the Texas Education Agency         (04/02)


    The signing of the Texas CHESP application indicates acceptance of all requirements described on this schedule.




Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                     Appendices - 17
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                    2005-2006 Continuation Application



                               Corporation for National Service Grant Program:
                               Learn and Serve America: CHESP Grant Program
                                           School Year 2005-2006
                                     Special Provisions and Assurances



1.       LEGISLATIVE AND REGULATORY AUTHORITY.

This Grant is authorized by and subject to the National and Community Service Act of 1990 as amended, codified as 42 U.S.C.
12501 et seq., and 45 C.F.R. 2510 et seq.

2.       Definitions.
         a. Act means the National and Community Service Act of 1990, as amended (42 U.S.C. 12501 et seq.)
         b. Community-Based Agency. A public or private nonprofit organization (including a church or religious entity) that
             is representative of a community or a significant segment of a community, and is engaged in meeting human,
             educational, environmental, or public safety community needs.
         c. Corporation means the Corporation for National and Community Service established under section 191 of the
             Act (42 U.S.C. 12651).
         d. Grantee, for the purposes of this agreement, means the direct recipient or the subrecipient/site of this Grant. The
             term sub-Grantee shall be substituted for the term Grantee where appropriate. The Grantee is legally
             accountable to the Corporation for the use of Grant funds and is bound by the provisions of the Grant.
         e. Local Educational Agency (LEA). A public board of education or other public authority legally constituted within
             a State for either administrative control or direction of, or to perform a service function for, public elementary or
             secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such
             combination of school districts or counties as are recognized in a State as an administrative agency for its public
             elementary or secondary schools. As stated in section 1471(12) of the Elementary Secondary Education Act of
             1965 (20 U.S.C. 2891(12).
         f. OMB means the U.S. Office of Management and Budget.
         g. Participant. An individual enrolled in a program that receives assistance under the Act. A participant may not be
             considered to be an employee of the program in which the participant is enrolled.
         h. Partnership. Two or more entities that have entered into a written agreement specifying the partnership's goals
             and activities as well as the responsibilities, goals, and activities of each partner.
         i. Program means a national service Program, described in the Act (42 U.S.C. 12572(a)), carried out by the
             Grantee through funds awarded by the Corporation and carried out in accordance with federal requirements and
             the Provisions of this Grant.
         j. Project means an activity or set of activities carried out under a Program that results in a specific, identifiable
             community service or improvement:
                   i.          That otherwise would not have been made with existing funds; and
                   ii.         That does not duplicate the routine services or functions of the organization to which the
                         participants are assigned.
         o. Qualified Organization. A public or private nonprofit organization, other than a grantmaking entity, that has
             experience working with school-age youth, and that was in existence at least one year before the date on which
             the organization submitted an application for a service-learning program.
         p. School Age Youth. Individuals between the ages of 5-17, inclusive; and children with disabilities as defined in
             section 602(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(a)(1)), who receive services
             under part B of such Act.
         q. Service-Learning. A method whereby participants learn and develop through active participation in thoughtfully
             organized service that is conducted in and meets the needs of a community; is coordinated with an elementary
             school, secondary school, institution of higher education, or community service program, and with the community;
             helps foster civic responsibility; is integrated into and enhances the academic curriculum of the participants or the
             education components of the community service program in which the participants are enrolled; and provides
             structured time for the participants to reflect on the service experience.
         r. State Educational Agency (SEA). The officer or agency primarily responsible for the state supervision of public,
             elementary and secondary schools as stated in section 1471(23) of the Elementary and Secondary Education Act
             of 1965 (20 U.S.C. 2891(23)). The agency primarily responsible for the State supervision of public elementary
             and secondary schools.
         s. Student. An individual who is enrolled in an elementary or secondary school or institution of higher education on
             a full- or part-time basis.

Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                           Appendices - 18
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                   2005-2006 Continuation Application

          t.   Sub-Grantee refers to an organization receiving Grant funds from a Grantee of the Corporation.

                                           School Year 2005-2006
                                         Special Provisions and Assurances
                                                     (Continued)

3.        PURPOSES OF GRANT.

Learn and Serve America: School-Based Program Grants are to assist in developing high-quality service-learning programs in
elementary and secondary schools. Learn and Serve America supports school-based programs of Local Education Agencies
(LEAs) and their community partners that provide youth with opportunities to learn and develop their own capabilities through
service learning. Service-learning is an educational method which engages young people in service to their communities as a
means of enriching their academic learning, promoting personal growth, and helping them to develop the skills needed for
productive citizenship. The goals of these Grants are to fund programs that:
          a. Encourage elementary and secondary school teachers to create, develop, and offer service-learning opportunities
               for all school-age youth;
          b. Educate teachers about service learning and incorporate service-learning opportunities into classrooms to
               enhance academic learning;
          c. Coordinate the work of adult volunteers in school;
          d. Introduce young people to a broad range of careers and expose them to further education and training;
          e. Hire service-learning coordinators to assist with identifying community partners and implementing school-based
               service-learning programs;
          f. Provide the technical assistance and information to facilitate the training of teachers who want to use service-
               learning in their classrooms; and
          g. Assist local partnerships in the planning, development, and execution of service-learning projects.

4.        USE OF FUNDS.

Grant funds may be used for:

          a.   Training for teachers, supervisors, parents, trainers and personnel from community-based agencies, conducted
               by qualified individuals and organizations experienced in service learning;
          b.   Developing service-learning curricula to be integrated into academic programming;
          c.   Forming local partnerships to develop diverse school-based service learning programs;
          d.   Devising appropriate methods for research and evaluation of the educational value of service-learning activities
               and the effect of service learning on communities;
          e.   Establishing effective outreach and dissemination efforts to ensure the broadest possible involvement of
               educators and community-based agencies with demonstrated effectiveness in working with school-age youth in
               their communities.
          f.   Implementing, operating, and expanding service-learning programs through Grants to local partnerships which
               may include paying for the cost of the recruitment, training, supervision, placement, salaries, and benefits of
               service-learning coordinators;
          g.   Planning local school-based service-learning programs through Grants to Local Educational Agencies (LEAs),
               including paying the costs of (1) salaries and benefits of service-learning coordinators and (2) recruitment,
               training, supervision, and placement of service-learning coordinators who may be participants in the AmeriCorps
               program or who may receive an AmeriCorps educational awards; and

     5.   LOCAL PARTNERSHIPS.

          a.   Planning School-Based Service-Learning Programs. LEAs are the only entities eligible to apply for subgrants
               in order to plan school-based service-learning activities.
          b.   Implementing, Operating, or Expanding School-Based Service Learning Programs.
                    i. Partnerships that include an LEA and one or more community partners are the only entities eligible to
                          apply to SEAs for subgrants in order to implement, operate, or expand school-based service-learning
                          programs.
                    ii. The partnership must include a public or private nonprofit organization that has demonstrated expertise
                          in meeting educational, public safety, human, or environmental needs. In addition, the nonprofit
                          organization must have been in existence for at least one year before applying for a sub-grant and must
                          make projects available to student participants.
                    iii. The partnership may include a private for-profit business or private elementary or secondary school.
Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                          Appendices - 19
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application




Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                     Appendices - 20
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                        2005-2006 Continuation Application




                                            School Year 2005-2006
                                           Special Provisions and Assurances
                                                       (Continued)

          c.   Fiscal Oversight. For School-Based Programs, as required by 45 C.F.R. 2516.410(d), the Grantee must assure
               that the LEA in a Local Partnership will serve as the fiscal agent.

  6.      TRAINING AND SUPERVISION.

          a.   General. The Grantee must ensure that participants receive the training, skills, knowledge and supervision
               necessary to perform the tasks required in their assigned service learning projects.
          b.   Service-learning. The Grantee must ensure that the program provides participants with an opportunity to reflect
               on their service learning experiences. The Grantee must use service learning experience to help participants
               achieve the skills and education needed for productive, active citizenship.
          c.   Supervision. The Grantee must provide participants with adequate supervision by qualified supervisors in
               accordance with the approved application.

  7.      PROGRAM PARTICIPANTS.

Participants must be students. Participants will participate in projects carried out by local educational agency partnerships.

  8.      FUNDING GUIDELINES.

          a.   Each Grantee shall provide for the remaining share of the cost of carrying out a funded program through payment
               in cash or in-kind, and may provide for such share through State, Local, or Federal sources other than funds
               made available under National Service Laws.
          b.   Stipends, allowances, post-service benefits, or other financial support may not be paid to any program participant
               except as reimbursement for transportation, meals, and other reasonable out-of-pocket expenses directly related
               to program participation. This applies to both the federal and non-federal share of the total cost of the program.
               Minor expenses for identification of service learning participants or recognition of excellent or outstanding
               participant service are allowable.

  9.      RESPONSIBILITY FOR ADMINISTERING THE GRANT.

          a.   Accountability of Grantee. The Grantee has full fiscal and programmatic responsibility for managing all aspects
               of the grant and grant-supported activities, subject to the oversight of the Corporation. The Grantee is
               accountable to the Corporation for its operation of the Learn and Serve America: School- and Community-Based
               Programs and use of grant funds. It must expend grant funds in a judicious and reasonable manner. Although
               Grantees are encouraged to seek the advice and opinion of the Corporation on special problems that may arise,
               such advice does not diminish the Grantee's responsibility for making sound judgments and does not mean that
               the responsibility for operating decisions has shifted to the Corporation.
          b.   Notice to Corporation. The Grantee will notify the appropriate Corporation's program or grants officer
               immediately of any developments or delays that have a significant impact on funded activities, any significant
               problems relating to the administrative or financial aspects of the grant, or any suspected misconduct or
               nonfeasance related to the grant or Grantee. The Grantee will inform the Corporation about the corrective action
               taken or contemplated by the Grantee, and any assistance needed to resolve the situation.
          c.   Sub-granting requirements. The Grantee must ensure that the Provisions are binding on the sub-grantee
               programs and other awards as applicable.
          d.   Notice to the Corporation’s Office of Inspector General. The Grantee must notify the Office of Inspector
               General immediately of losses of Federal funds or goods/services supported with Federal funds, or when
               information discovered by someone at a program indicates that there has been waste fraud or abuse, or any
               violation of criminal law, at the program or at a Sub-Grantee.

10.       PROHIBITED PROGRAM ACTIVITIES.

Corporation funds may not be used to provide religious instruction, conduct worship services, or engage in any form of
proselytization; to assist, promote, or deter union organizing; to finance, directly or indirectly, any activity designed to influence
the outcome of an election to any public office; or to impair existing contracts for services or collective bargaining agreements.


Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                               Appendices - 21
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                     2005-2006 Continuation Application




                                           School Year 2005-2006
                                         Special Provisions and Assurances
                                                     (Continued)

11.      CONSULTATION WITH LABOR ORGANIZATIONS.

Prior to the placement of a participant, the Grantee must consult with any local labor organization representing employees in the
area who are engaged in the same or similar work proposed to be carried out by the program in order to prevent the
displacement and to protect the rights of those employees.

12.      CONFIDENTIALITY.

The Grantee must maintain the confidentiality of information regarding individual participants and service recipients. The
Grantee must obtain the prior written consent of all members before using their names, photographs and other identifying
information for publicity, promotional or other purposes. The Grantee may release aggregate and other non-identifying
information and is required to release participant information to the Corporation and their designated contractors. The grantee
may disclose individual participant information with prior written consent.

13.      PROGRAM EVALUATION

The Grantee must cooperate fully with all Corporation evaluation activities, such as the collection of participant data, sub-
grantee information forms and other information required by the Corporation.

14.      FINANCIAL MANAGEMENT PROVISIONS.

         a.   General. The Grantee must maintain financial management systems that include standard accounting practices,
              sufficient internal controls, a clear audit trail and written cost allocation procedures as necessary. Financial
              management systems must be capable of distinguishing expenditures attributable to this Grant from expenditures
              not attributable to this Grant. This system must be able to identify costs by programmatic year and by budget
              category and to differentiate between direct and indirect costs or administrative costs. For further details about
              the Grantee's financial management responsibilities, refer to OMB Circulars A-102 (for State and Local
              Governments) and A-110 (for Institutions of Higher Education and Non-Profit Organizations).

         b.   Source Documentation. The Grantee must maintain adequate supporting documents for its expenditures
              (federal and non-federal) and in-kind contributions made under this Grant. Costs must be shown in books or
              records [e.g., a disbursement ledger or journal], and must be supported by a source document, such as a receipt,
              travel voucher, invoice, bill, in-kind voucher, or similar document.

         c.   Time and Attendance Records.
                  i.         Except as provided in (ii) and (iii) below, salaries and wages charged directly to this Grant or
                       charged to matching funds must be supported by signed time and attendance records for each
                       individual employee regardless of position, and by documented payrolls approved by a responsible
                       official of the Grantee. Except as provided in (ii) and (iii) below, salaries and wages chargeable between
                       this Grant and other programs or functions of the Grantee organization must be supported by signed
                       time and attendance records for each individual regardless of position appropriately distributing the
                       individual’s time to the different programs or functions.
                  ii.        Educational institutions are not required to support charges for salaries and wages with signed time
                       and attendance records for professorial and professional staff if they are in compliance with the criteria
                       in Section 8.b of OMB Circular A-21 for acceptable methods of documenting the distribution of charges
                       for personal services.
                  iii.       State, Local and Indian Tribal governmental units are not required to support charges for salaries
                       and wages with signed time and attendance records if they are in compliance with the standards of
                       Section 11.h of OMB Circular A-87 for the support and documentation of salaries and wages.

         d.   Consultant Services. Payments to individuals for consultant services under this Grant will not exceed $443.00
              per day (exclusive of any indirect expenses, travel, supplies and so on).




Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                            Appendices - 22
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                               2005-2006 Continuation Application




Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                     Appendices - 23
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                   2005-2006 Continuation Application




                                           School Year 2005-2006
                                         Special Provisions and Assurances
                                                     (Continued)

15.      EQUIPMENT AND SUPPLIES COSTS.

Equipment and supplies will be handled in accordance with 45 C.F.R. 2541 – Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Government or with 45 C.F.R. 2543 – Grants and Agreements
with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations

16.      PROJECT INCOME.

         a.   General. Income earned as a direct result of the Program’s activities during the award period will be retained by
              the Grantee and used to finance the non-Corporation share of the Program.
         b.   Fees for Service. When using assistance under this Grant, the Grantee may not enter into a contract for or
              accept fees for service performed by participants when:
                   i. The service benefits a for-profit entity;
                   ii.      The service falls within the other prohibited Program activities set forth in Clause 4 of these Grant
                        Provisions; or
                   iii.     The service violates the non-displacement Provisions of the Act set forth in Clause 21 of these
                        Grant Provisions.

17.      RETENTION OF RECORDS.

The Grantee must retain and make available all financial records, supporting documentation, statistical records, evaluation data,
participant information and personnel records for 3 years from the date of the submission of the final Financial Status Report (SF
269A) by TEA. If an audit is started prior to the expiration of the 3-year period, the records must be retained until the audit
findings involving the records have been resolved and final action taken.

18.      MATCHING REQUIREMENTS.

         a.   Matching Obligation. The Grantee must provide and account for the matching funds as agreed upon in the
              approved application and budget. All programs are encouraged to raise some funds from the private sector, i.e.
              non-federal funds.

         b.   Cash or In-Kind Match for Program Operating Costs. Contributions, including cash and third party in-kind, will
              be accepted as part of the Grantee’s matching share for Program Operating Costs when such contributions meet
              all of the following criteria:
                    i. They are verifiable from Grantee records;
                    ii. They are not included as contributions for any other federally-assisted Program;
                    iii. They are necessary and reasonable for the proper and efficient accomplishment of Program objectives;
                          and
                    iv. They are allowable under applicable cost principles.

         c.   Cost Share. As a general rule, the Corporation will treat cash or in-kind matching contribution that exceed the
              required minimum as cost share. The Corporation encourages private sector support over-and-above the
              matching fund requirement.

         d.   Exception for Volunteer Community Service. Because the purpose of this Grant is to enable and stimulate
              volunteer community service, the Grantee may not include the value of direct community service performed by
              volunteers. However, the Grantee may include the value of volunteer services contributed to the organization for
              organizational functions such as accounting, audit, training of staff and Programs.

         e.   Valuation. The value of Grantee and third-party contributions of services and property will be determined in
              accordance with applicable cost principles set forth in OMB Circulars A-21, A-87 and A-122, and the approved
              budget.



Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                          Appendices - 24
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                        2005-2006 Continuation Application




                                           School Year 2005-2006
                                          Special Provisions and Assurances
                                                      (Continued)

19.      LIABILITY.

The Grantee must have adequate liability coverage of its organization, employees, and participants, including coverage of
participants engaged in on- and off-site project activities. Additionally, the Grantee must institute safeguards as necessary and
appropriate to ensure the safety of participants. Participants may not participate in projects that pose undue safety risks.

20.      SITE VISITS.

The Corporation reserves the right, at all reasonable times, to conduct site visits to review and evaluate Grantee records,
accomplishments, organizational procedures, and financial control systems; to conduct interviews; and to provide technical
assistance. All site visits will be performed in such a manner as will not unduly disrupt the Grantee's operations.

21.      DRUG FREE WORKPLACE.

         a.   Notice to Employees. In accordance with the Drug-Free Workplace Act, 41 U.S.C. 701 et seq., implementing
              regulations, 45 C.F.R. 2542, and the Grantee's certification, the Grantee must publish a statement notifying
              employees that:
                   i.        The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance
                        is prohibited in the Grantee's workplace and Program;
                   ii. Conviction of any criminal drug statute must be reported immediately to the Grantee;
                   iii. The employee's employment is conditioned upon compliance with the notice requirements; and
                   iv.       Certain actions will be taken against employees for violations of such prohibitions.

         b.   Criminal Drug Convictions. The Grantee's employees must notify the Grantee in writing of any criminal drug
              convictions for a violation occurring in the workplace or during the performance of project activities no later than 5
              days after such conviction. The Grantee must notify the Corporation within 10 days of receiving notice of such
              conviction. The Grantee must take appropriate action against such employee, up to and including termination or
              release for cause consistent with the Corporation's rules on termination and suspension of service, or require the
              employee to satisfactorily participate in an approved drug abuse assistance or rehabilitation Program.

         c.   Drug-Free Awareness Program. The Grantee must establish a drug-free awareness Program to inform
              employees about the dangers of drug abuse in the workplace, the Grantee's policy of maintaining a Drug-Free
              workplace, any available drug counseling, rehabilitation, and employee assistance support services, and the
              penalties that may be imposed for drug abuse violations.

         d.   Grantee Non-Compliance. The Grantee is subject to suspension, termination or debarment proceedings for
              failure to comply with the Drug-Free Workplace Act.

         e.   Non-Discrimination and Confidentiality Laws. In implementing the Drug-Free Workplace Act, the Grantee
              must adhere to federal laws and its Grant assurances related to alcohol and substance abuse non-discrimination
              and confidentiality.

22.      NONDISCRIMINATION.

         a.   Assurances. The Grantee must assure that its program or activity, including those of its subgrantees, will be
              conducted, and facilities operated, in compliance with the applicable statutes set forth below, as well as with their
              implementing regulations. The Grantee must obtain an assurance of such compliance prior to extending Federal
              financial assistance to subgrantees. The U.S. Government shall have the right to seek judicial enforcement of
              these assurances.

         b.   Discrimination Prohibited. A person, a service recipient, or Program staff, may not, on the grounds of race,
              color, national origin, sex, age, political affiliation, disability, or religion be excluded from participation in, denied
              the benefits of, or be otherwise subjected to discrimination, directly or through contractual or other arrangements,
              under any program or activity receiving federal financial assistance. The prohibition on discrimination on the

Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                                Appendices - 25
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                       2005-2006 Continuation Application

              basis of disability protects otherwise qualified individuals with disabilities. The prohibition against discrimination on
              the basis of religion with respect to Program staff applies only to Program staff paid with Corporation funds but




Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                              Appendices - 26
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                         2005-2006 Continuation Application




                                            School Year 2005-2006
                                          Special Provisions and Assurances
                                                      (Continued)


              excludes staff paid with Corporation funds who were employed by the Grantee on the date the Corporation grant
              was awarded

              This prohibition against discrimination includes but is not limited to:
                   i. Denying an opportunity to participate in, benefit from, or provide a service, financial aid, or other
                         benefit;
                   ii. Providing an opportunity which is different or provided differently;
                   iii. Denying an opportunity to participate as a member of a planning or advisory body integral to the
                         program;
                   iv. Segregating or subjecting a person to separate treatment;
                   v. Providing an aid, benefit, or service to a qualified disabled person that is less effective in affording
                         opportunity to obtain the same result, gain the same benefit, or reach the same level of achievement;
                   vi. Denying a qualified disabled person the opportunity to participate in integrated programs or
                         activities, even though permissibly separate or different programs or activities exist;
                   vii. Restricting a person’s enjoyment of an advantage or privilege enjoyed by others;
                   viii.       Providing different or separate aid, benefits, or services to disabled persons unless necessary in
                           order to provide them as effectively as provided to others;
                   ix.         Treating a person differently in determining admission, enrollment, quota, eligibility, membership or
                         other requirements;
                   x. Using criteria or administrative methods, including failing to provide needed auxiliary aids for disabled
                         persons, which have the effect of subjecting persons to discrimination, or defeating or substantially
                         impairing achievement of the objectives of the program for a person;
                   xi.         Selecting a site or location of facilities with the purpose or effect of excluding individuals from,
                         denying them the benefits of, or subjecting them to discrimination under the program;
                   xii.        Denying a qualified disabled person a benefit, aid, or participation because facilities whose
                         groundbreaking occurred after May 30, 1979 are inaccessible to or unusable by disabled persons or
                         because programs or activities in facilities predating May 30, 1979, when viewed in their entirety, are
                         inaccessible to or unusable by disabled persons; and
                   xiii. Failing to provide reasonable accommodation to otherwise qualified individuals with disabilities.

              The Corporation's "Civil Rights Statement Regarding Volunteers, Service Participants and Other Beneficiaries,”
              and its “Policy Against Sexual, Racial, National Origin, or Religious Harassment” which include additional
              discrimination prohibitions are attached and incorporated herein.

         c.   Public Notice of Nondiscrimination. The Grantee must notify service recipients, applicants, Program staff, and
              the public, including those with impaired vision or hearing, that it operates its program or its activity subject to the
              nondiscrimination requirements of the applicable statutes. The notice must summarize the requirements, note the
              availability of compliance information from the Grantee and the Corporation, and briefly explain procedures for
              filing discrimination complaints with the Corporation. Sample language is:

              It is against the law for organizations that receive federal financial assistance from the Corporation for National
              Service to discriminate on the basis of race, color, national origin, disability, sex, age, political affiliation, or, in
              most programs, religion. It is also unlawful to retaliate against any person who, or organization that, files a
              complaint about such discrimination.

              In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination
              complaints, you may bring a complaint to the attention of the Corporation for National Service. If you believe that
              you or others have been discriminated against, or if you want more information, contact the Texas Center for
              Service-Learning or:

              Equal Opportunity Office
              Corporation for National Service
              1201 New York Avenue, NW
              Washington, D.C. 20525
              (202) 606-5000, ext. 312 (voice); (202) 565-2799 (TDD)
Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                                  Appendices - 27
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                          2005-2006 Continuation Application

              (202) 565-2816 (FAX); eo@cns.gov (e-mail)

                                            School Year 2005-2006
                                           Special Provisions and Assurances
                                                       (Continued)


              The Grantee must include information on civil rights requirements, complaint procedures and the rights of
              beneficiaries in handbooks, manuals, pamphlets, and post in prominent locations, as appropriate. The Grantee
              must also notify the public in recruitment material and application forms that it operates its program or activity
              subject to the nondiscrimination requirements. Sample language, in bold print, is “This program is available to all,
              without regard to race, color, national origin, disability, age, sex, political affiliation, or, in most instances, religion.”
              Where a significant portion of the population eligible to be served needs services or information in a language
              other than English, the Grantee shall take reasonable steps to provide written material of the type ordinarily
              available to the public in appropriate languages.

         d.   Records and Compliance Information. The Grantee must keep records and make available to the Corporation
              timely, complete, and accurate compliance information to allow the Corporation to determine if the Grantee is
              complying with the civil rights statutes and implementing regulations. Where a Grantee extends federal financial
              assistance to subgrantees, the subgrantees must make available compliance information to the Grantee so it can
              carry out its civil rights obligations.

              The Corporation will provide specific guidance regarding records and compliance information. At a minimum, the
              Grantee should have available racial, ethnic, sex, and disability data regarding service recipients/applicants and
              Program staff/applicants. This data should be sufficient to measure the distribution of benefits to the eligible
              population and evaluate the services provided to the different segments of the population being served. Data on
              staff should be gathered, on a voluntary basis, directly from the individuals. Data on service recipients may be
              gathered, estimated, or based on census or other statistics.

              Racial and ethnic data should be gathered for the following categories:

              Hispanic/Latino/Spanish culture or origin or non-Hispanic/Latino/Spanish culture or origin (one or the other) and
              one or more of the following:
                              American Indian or Alaska Native
                              Asian
                              Black or African American
                              Native Hawaiian or Other Pacific Islander
                              White

         e.   Obligation to Cooperate. The Grantee must cooperate with the Corporation so that the Corporation can ensure
              compliance with the civil rights statutes and implementing regulations. The Grantee shall permit access by the
              Corporation during normal business hours to its books, records, accounts, staff, facilities, and other sources of
              information as may be needed to determine compliance.

         f.   Discrimination Complaints, Investigations and Compliance Reviews. The Corporation may review the
              practices of the Grantee to determine civil rights compliance. Any person who believes discrimination has
              occurred may file a discrimination complaint with the Corporation’s Equal Opportunity Office. The Grantee may
              not intimidate, threaten, coerce, or discriminate against an individual to interfere with a right or privilege secured
              by the civil rights acts or because the person made a complaint, testified, assisted or participated in any manner
              in an investigation, proceeding, or hearing. The Corporation will keep the identity of complainants and witnesses
              confidential except as necessary to conduct an investigation, hearing, or judicial proceeding.

              The Corporation will investigate whenever a compliance review, report, complaint, or other information
              indicates a possible failure to comply with the statutes and their implementing regulations. If an
              investigation indicates a failure to comply, the Corporation will so inform the Grantee and any applicable
              subgrantees and will attempt to resolve the matter by voluntary means. If the matter cannot be resolved
              by voluntary means, the Corporation will initiate formal enforcement action.

              Discrimination complaints may be raised through the Grantee’s grievance procedure. Use of the
              Grantee’s grievance procedure may not be a required precursor to filing a federal discrimination
              complaint with the Corporation. Use of the Grantee’s grievance procedure does not preclude filing a
              federal discrimination complaint. The Grantee’s grievance procedure should advise individuals that use
              of the grievance procedure does not stop the running of Corporation time frames for filing a
Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                                  Appendices - 28
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                       2005-2006 Continuation Application

              discrimination complaint with the Corporation. In all cases where discrimination allegations have been
              raised with the Grantee, the Grantee must submit a written report to the Corporation’s Equal Opportunity

                                           School Year 2005-2006
                                          Special Provisions and Assurances
                                                      (Continued)


              Office, which has a review authority over the investigation and disposition of all discrimination
              complaints.

         g.   Self-Evaluation Requirements. The Grantee must comply with (1) the self-evaluation requirements under
              section 504 of the Rehabilitation Act regarding accessibility for individuals with disabilities; (2) the self-evaluation
              requirements of the Age Discrimination Act of 1975; and (3) the self-evaluation requirements under title IX of the
              Education Amendments of 1972 regarding discrimination based on sex. Guidance regarding the self-evaluation
              requirements may be obtained from the Corporation’s Equal Opportunity Office, 1201 New York Avenue, NW,
              Washington, D.C. 20525, (202) 606-5000, ext. 312 (voice); (202) 4565-2799 (TDD); (202) 565-2816 (FAX); or
              eo@cns.gov (e-mail).

         h.   Applicable Statutes. In accordance with its assurances, the Grantee must comply with all federal statutes
              relating to non-discrimination to the extent applicable, including, but not limited to titles VI and VIII of the Civil
              Rights Act of 1964 (42 U.S.C. 2000d and 3601 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
              794), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) the Age Discrimination Act of 1975
              (42 U.S.C. 6101 et seq.), the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), the Comprehensive
              Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), the Public
              Health Service Act of 1912 (42 U.S.C. 290dd-3 and 290ee-3), and the requirements of any other non-
              discrimination provision in the National and Community Service Act of 1990, (42 U.S.C. 12635) or any other
              applicable non-discrimination provision.

23.      SUPPLEMENTATION, NON DUPLICATION, AND NON DISPLACEMENT.

         a.   Supplementation. Grant funds may not be used to replace State or Local public funds that had been used to
              support programs or projects of the type eligible to receive Corporation grant funds. For any given program, this
              condition will be satisfied if the aggregate non-Federal public expenditure for that program or project in the fiscal
              year that support is to be provided is not less than the previous fiscal year.

         b.   Non duplication. Grant funds may not be used to duplicate services that are available in the locality of a
              program or project. The Grantee may not conduct activities that are the same or substantially equivalent to
              activities provided by a State or Local government agency in which the grantee entity is located.

         c.   Non displacement.
                  i. Prohibition on displacing employee or position. The Grantee may not displace an employee or
                       position, including partial displacement such as reduction in hours, wages, or employment benefits, as a
                       result of the use by such employer of a participant in a program or project.
                  ii. Prohibition on promotional infringement. The Grantee may not create a community service
                       opportunity that will infringe in any manner on the promotional opportunity of an employed individual.
                  iii. Prohibition on displacing employee services, duties, or activities. A participant in a program or
                       project may not perform any services or duties or engage in activities that would otherwise be performed
                       by an employee as part of the assigned duties of such employee.
                  iv. Prohibition on supplanting hiring or infringing on recall rights. A participant in a program or project
                       may not perform any services or duties, or engage in activities, that:
                                 Will supplant the hiring of employed workers; or
                                 Are services, duties, or activities with respect to which an individual has recall rights pursuant
                                  to a collective bargaining agreement or applicable personnel procedures.
                  v. Other prohibitions. A participant in a program or project may not perform services or duties that have
                       been performed by or were assigned to any:
                                 Presently employed worker;
                                 Employee who recently resigned or was discharged;
                                 Employee who is subject to a reduction in force or who has recall rights pursuant to a
                                  collective bargaining agreement or applicable personnel procedures;
                                 Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or

Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                               Appendices - 29
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                      2005-2006 Continuation Application

                                 Employee who is on strike or is being locked out.



                                           School Year 2005-2006
                                         Special Provisions and Assurances
                                                     (Continued)


24.      GRIEVANCE PROCEDURE.

         a.   Setting up a grievance procedure. In accordance with 42 U.S.C. §12636 and implementing regulations at 45
              C.F.R. §2540.230, the Grantee must establish and implement a process for filing and adjudicating grievances
              from participants, labor organizations, and other interested parties concerning program or project operations. A
              grievance process may include dispute resolution programs such as mediation, facilitation, assisted negotiation
              and neutral evaluation. A grievance process must provide an opportunity for a grievance hearing and binding
              arbitration. If the grievance alleges fraud or criminal activity, it must be brought to the attention of the Inspector
              General of the Corporation immediately.

         b.   In the event that a Sub-Grantee of a direct Grantee of the Corporation is no longer in existence or otherwise does
              not provide a grievance procedure that complies with this Provision, the direct Grantee is responsible for handling
              any grievance in accordance with 45 C.F.R. 2540.230.

         c.   Alternative dispute resolution.
                   i. Informal resolution. The aggrieved party may seek resolution of a grievance through alternative
                       means of dispute resolution (ADR) such as mediation or facilitation. ADR proceedings must be initiated
                       within 45 calendar days of the date of the alleged occurrence. At the initial session of the ADR
                       proceedings, the party must be advised in writing of the right to file a grievance and right to arbitration.
                       If the matter is resolved, and a written agreement is reached, the party will agree to forego filing a
                       grievance in the matter under consideration.
                   ii. Neutral facilitation. If ADR is instituted, the process must be aided by a neutral party who, with respect
                       to an issue in controversy, functions specifically to aid the parties in resolving the matter through a
                       mutually achieved and acceptable written agreement. The neutral party may not compel a resolution.
                       Proceedings before the neutral party must be informal, and the rules of evidence will not apply. With the
                       exception of a written and agreed-upon ADR, the proceeding must be confidential. Any decision by the
                       neutral party is advisory and is not binding unless both parties agree. If the grievance is not resolved
                       within 30 calendar days of initiation, the neutral party again must inform the aggrieved party of his or her
                       right to file a formal grievance.

         d.   Formal grievance proceeding.
                  i. Time limits. Except for a grievance that alleges fraud or criminal activity, a grievance must be made no
                      later than one year after the date of the alleged occurrence. If a hearing is held on a grievance, it must
                      be conducted no later than 30 calendar days after the filing of such grievance. A decision on any such
                      filed grievance must be made no later than 60 days after filing.
                  ii. Effect of informal process. In the event an aggrieved party files a grievance after participating in an
                      informal dispute resolution process, the neutral party may not participate in the formal grievance
                      proceeding. In addition, no communication or proceedings of the informal dispute resolution process
                      may be referred to or introduced into evidence at a grievance or arbitration proceeding.

         e.   Arbitration.
                  i. Selection of arbitrator. If there is an adverse decision against the party who filed the grievance, or no
                        decision has been reached after 60 calendar days after the filing of a grievance, the aggrieved party
                        may submit the grievance to binding arbitration before a qualified arbitrator who is jointly selected and
                        independent of the interested parties. If the parties can not agree on an arbitrator, within 15 calendar
                        days after receiving a request from one of the parties, the Corporation will appoint an arbitrator from a
                        list of qualified arbitrators.
                  ii. Time limits. An arbitration proceeding must be held no later than 45 days after the request for
                        arbitration, or if the arbitrator is appointed by the Corporation, the proceeding must occur no later than
                        30 calendar days after the arbitrator's appointment. A decision must be made by the arbitrator no later
                        than 30 calendar days after the date the arbitration proceeding begins.
                  iii. Cost. In accordance with 42 U.S.C. §12636(f)(4)(D), the cost of the arbitration proceeding must be
                        divided evenly between the parties to the arbitration, unless the party requesting the grievance prevails.

Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                              Appendices - 30
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                    2005-2006 Continuation Application

                        If, the Grievant prevails, the Grantee must pay the total cost of the proceeding and the attorney’s fees of
                        the prevailing party incurred in connection with the ADR proceeding.




Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                           Appendices - 31
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                    2005-2006 Continuation Application




                                           School Year 2005-2006
                                         Special Provisions and Assurances
                                                     (Continued)


                   iv. Effect of noncompliance with arbitration. Pursuant to 42 U.S.C. §12636(f)(7), a suit to enforce an
                       arbitration award may be brought in any Federal district court having jurisdiction over the parties without
                       regard to the amount in controversy or citizenship.

         f.   Suspension of placement. If a grievance is filed regarding a proposed placement of a participant in a program
              or project, such placement must not be made unless the placement is consistent with the resolution of the
              grievance.

         g.   Remedies. Remedies for a grievance filed under a procedure established by the Grantee may include:
                 i. Prohibition of a placement of a participant; and
                 ii. In grievance cases where there is a violation of non-duplication or non-displacement requirements and
                     the employer of the displaced employee is the Grantee:
                              Reinstatement of the employee to the position he or she held prior to the displacement;
                              Payment of lost wages and benefits;
                              Re-establishment of other relevant terms, conditions and privileges of employment; and
                              Any other equitable relief that is necessary to correct any violation of the non-duplication or
                               non-displacement requirements or to make the displaced employee whole.

25.      OWNERSHIP AND SHARING OF GRANT PRODUCTS.

         a.   Ownership. Unless otherwise specified, the Grantee owns and may copyright any work that is subject to
              copyright, including software designs, training manuals, curricula, videotapes, and other products produced under
              the grant. However, the Grantee may not sell any work that includes a Learn and Serve America: School- and
              Community-Based Programs logo without prior Corporation written approval.

         b.   Corporation use. The Corporation retains royalty-free, non-exclusive, and irrevocable licenses to obtain, use,
              reproduce, publish, or disseminate products, including data, produced under the grant and to authorize others to
              do so. The Corporation may distribute such products through a designated clearinghouse.

         c.   Sharing grant products. To the extent practical, the Grantee agrees to make products produced under the sub-
              grant available at the cost of reproduction to others in the field.

26.      PUBLICATIONS.

         a.   Acknowledgment of support. Publications created by participants may include a Learn and Serve logo if they
              are consistent with the purposes of the Grant. The Grantee is responsible for assuring that the following
              acknowledgment and disclaimer appears in any external report or publication of material based upon work
              supported by this Grant.

                   “This material is based upon work supported by the Corporation for National Service under Learn and Serve
                   America Grant No. ____. Opinions or points of view expressed in this document are those of the authors
                   and do not necessarily reflect the official position of the Corporation or the Learn and Serve America
                   Program.

         b.   Materials provided to Corporation. The Grantee is responsible for assuring that a copy of any such material is
              sent to the Corporation’s Office of Public Affairs, the Program Office and the National Service-Learning
              Clearinghouse.

27.      EVALUATION.

         a.   Internal evaluations. The Grantee must track progress toward achievement of their Program objectives. The
              Grantee also must monitor the quality of service activities, the satisfaction of both service recipients and
              participants and management effectiveness. Internal evaluation and monitoring should be a continuous process,
              allowing for frequent feedback and the quick correction of weaknesses.

Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                           Appendices - 32
in collaboration with the Texas Education Agency
Learn and Serve America: CHESP Grant Program                                                     2005-2006 Continuation Application




                                           School Year 2005-2006
                                         Special Provisions and Assurances
                                                     (Continued)


         b.   Independent evaluations. The Grantee may obtain an independent evaluation if provided for in the approved
              budget.

         c.   External evaluation and data collection. The Grantee must cooperate with the Corporation and its evaluators
              in all monitoring and evaluation efforts. As part of this effort, the Grantee must collect and submit certain
              participant data, including the total number of participants in the Program, and the number of participants by race,
              ethnicity, sex, age, economic background, educational level, disability classification and geographic region. The
              Corporation will provide forms for collecting participant data.

28.      SUSPENSION OR TERMINATION OF GRANT.

         a.   Suspension of the Grant. In emergency situations, the Corporation may suspend a Grant for not more than 30
              calendar days. Examples of such situations may include, but are not limited to:
                   i. Serious risk to persons or property;
                   ii.       Violations of Federal, State or local criminal statutes; and
                   iii. Material violation(s) of the Grant or contract that are sufficiently serious that they outweigh the general
                        policy in favor of advance notice and opportunity to show cause.

         b.   Termination of the Grant. Pursuant to 45 C.F.R. §2540.400, the Corporation may terminate payments under
              the grant, revoke or recover Grant funds for failure to comply with applicable provisions of this Grant. However,
              the Corporation will provide the Grantee reasonable notice and opportunity for a full and fair hearing, subject to
              the following conditions:
                   i. Notice. The Corporation will notify the Grantee by letter or telegram that it intends to terminate
                        payments, revoke positions or recover Grant funds, either in whole or in part, unless the Grantee shows
                        good cause why such assistance should not be terminated, revoked or recovered. In this notice, the
                        grounds and the effective date for the proposed termination or revocation will be described. The
                        Grantee will be given at least 7 calendar days to submit written material in opposition to the proposed
                        action.
                   ii. Right to a hearing. The Grantee may request a hearing on a proposed termination, revocation or
                        recovery. Upon 5 days notice to the Grantee, the Corporation may authorize the conduct of a hearing
                        or other meetings at a location convenient to the Grantee to consider the proposed action. A transcript
                        or recording must be made of a hearing.

         c.   The Grantee may suspend or terminate assistance to a sub-Grantee, provided that such action affords the sub-
              Grantee at a minimum, the notice and hearing rights set forth in the Provisions applicable to the Corporation in
              this section.



       The signing of the Texas CHESP application indicates acceptance of all requirements described on this schedule.




Application provided by the Texas Center for Service-Learning of Region 14 ESC (Abilene)                            Appendices - 33
in collaboration with the Texas Education Agency

				
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