20 U.S.C. § 1133b
Section 1133b · Grants for cooperative education
Amended 3 times on record
(1) In general
The Secretary is authorized—
(A) from the amount available under section 1133a(b)(1) of this title in each fiscal year and in accordance with the provisions of this subchapter, to make grants to institutions of higher education or combinations of such institutions that have not received a grant under this paragraph in the 10-year period preceding the date for which a grant under this section is requested to pay the Federal share of the cost of planning, establishing, expanding, or carrying out programs of cooperative education by such institutions or combinations of institutions; and
(B) from the amount available under section 1133a(b)(2) of this title in each fiscal year and in accordance with the provisions of this subchapter, to make grants to institutions of higher education that are operating an existing cooperative education program as determined by the Secretary to pay the cost of planning, establishing, expanding, or carrying out programs of cooperative education by such institutions.
(2) Program requirement
Cooperative education programs assisted under this section shall provide alternating or parallel periods of academic study and of public or private employment, giving students work experience related to their academic or occupational objectives and the opportunity to earn the funds necessary for continuing and completing their education.
(3) Amount of grants
(A) The amount of each grant awarded pursuant to paragraph (1)(A) to any institution of higher education or combination of such institutions in any fiscal year shall not exceed $500,000.
(B)(i) Except as provided in clauses (ii) and (iii), the Secretary shall award grants in each fiscal year to each institution of higher education described in paragraph (1)(B) that has an application approved under subsection (b) of this section in an amount which bears the same ratio to the amount reserved pursuant to section 1133a(b)(2) of this title for such fiscal year as the number of unduplicated students placed in cooperative education jobs during the preceding fiscal year (other than cooperative education jobs under section 1133c of this title and as determined by the Secretary) by such institution of higher education bears to the total number of all such students placed in such jobs during the preceding fiscal year by all such institutions.
(ii) No institution of higher education shall receive a grant pursuant to paragraph (1)(B) in any fiscal year in an amount which exceeds 25 percent of such institution's cooperative education program's personnel and operating budget for the preceding fiscal year.
(iii) The minimum annual grant amount which an institution of higher education is eligible to receive under paragraph (1)(B) is $1,000 and the maximum annual grant amount is $75,000.
(4) Limitation
The Secretary shall not award grants pursuant to paragraphs (1)(A) and (1)(B) to the same institution of higher education or combination of such institution in any one fiscal year.
(5) Uses
Grants under paragraph (1)(B) shall be used exclusively—
(A) to expand the quality and participation of a cooperative education program;
(B) for outreach in new curricular areas; and
(C) for outreach to potential participants including underrepresented and nontraditional populations.
Each institution of higher education or combination of such institutions desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall prescribe. Each such application shall—
(1) set forth the program or activities for which a grant is authorized under this section;
(2) specify each portion of such program or activities which will be performed by a nonprofit organization or institution other than the applicant and the compensation to be paid for such performance;
(3) provide that the applicant will expend during such fiscal year for the purpose of such program or activities not less than the amount expended for such purpose during the previous fiscal year;
(4) describe the plans which the applicant will carry out to assure, and contain a formal statement of the institution's commitment which assures, that the applicant will continue the cooperative education program beyond the 5-year period of Federal assistance described in subsection (c)(1) of this section at a level which is not less than the total amount expended for such program during the first year such program was assisted under this section;
(5) provide that, in the case of an institution of higher education that provides a 2-year program which is acceptable for full credit toward a bachelor's degree, the cooperative education program will be available to students who are certificate or associate degree candidates and who carry at least one-half the normal full-time academic workload;
(6) provide that the applicant will—
(A) make such reports as may be essential to ensure that the applicant is complying with the provisions of this section, including the reports for the second and each succeeding fiscal year for which the applicant receives a grant with respect to the impact of the cooperative education program in the previous fiscal year, including—
(i) the number of unduplicated student applicants in the cooperative education program;
(ii) the number of unduplicated students placed in cooperative education jobs;
(iii) the number of employers who have hired cooperative education students;
(iv) the income for students derived from working in cooperative education jobs; and
(v) the increase or decrease in the number of unduplicated students placed in cooperative education jobs in each fiscal year compared to the previous fiscal year; and
(B) keep such records as are essential to ensure that the applicant is complying with the provisions of this subchapter, including the notation of cooperative education employment on the student's transcript;
(7) describe the extent to which programs in the academic discipline for which the application is made have had a favorable reception by public and private sector employers;
(8) describe the extent to which the institution is committed to extending cooperative education on an institution-wide basis for all students who can benefit;
(9) describe the plans that the applicant will carry out to evaluate the applicant's cooperative education program at the end of the grant period;
(10) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the applicant under this subchapter;
(11) demonstrate a commitment to serving special populations such as women, individuals with disabilities, and African American, Mexican-American, Puerto Rican, Cuban, other Hispanic, American Indian, Alaska Native, Aleut, Native Hawaiian, American Samoan, Micronesian, Guamanian (Chamorro), and Northern Marianian students; and
(12) include such other information as is essential to carry out the provisions of this subchapter.
(1) Duration of grants
No individual institution of higher education may receive, individually or as a participant in a combination of such institutions—
(A) a grant pursuant to subsection (a)(1)(A) of this section for more than 5 fiscal years; or
(B) a grant pursuant to subsection (a)(1)(B) of this section for more than 5 fiscal years.
(2) Federal share
The Federal share of a grant under subsection (a)(1)(A) of this section may not exceed—
(A) 85 percent of the cost of carrying out the program or activities described in the application in the first year the applicant receives a grant under this section;
(B) 70 percent of such cost in the second such year;
(C) 55 percent of such cost in the third such year;
(D) 40 percent of such cost in the fourth such year; and
(E) 25 percent of such cost in the fifth such year.
(3) Special rule
Any provision of law to the contrary notwithstanding, the Secretary shall not waive the provisions of this subsection.
If the Secretary determines that a recipient of funds under this section has failed to maintain the fiscal effort described in subsection (b)(3) of this section, then the Secretary may elect not to make grant payments under this section to such recipient.
(1) In general
In approving applications under this section, the Secretary shall give special consideration to applications from institutions of higher education or combinations of such institutions for programs which show the greatest promise of success because of—
(A) the extent to which programs in the academic discipline with respect to which the application is made have had a favorable reception by public and private sector employers;
(B) the strength of the commitment of the institution of higher education or combination of such institutions to cooperative education as demonstrated by the plans and formalized institutional commitment statement which such institution or combination has made to continue the program after the termination of Federal financial assistance,
(C) the extent to which the institution or combination is committed to extending cooperative education for all students who can benefit, and
(D) such other factors as are consistent with the purposes of this section.
(2) Additional special consideration
The Secretary shall also give special consideration to applications from institutions of higher education or combinations of such institutions which demonstrate a commitment to serving special populations such as women, individuals with disabilities, and African American, Mexican-American, Puerto Rican, Cuban, other Hispanic, American Indian, Alaska Native, Aleut, Native Hawaiian, American Samoan, Micronesian, Guamanian (Chamorro), and Northern Marianian students.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
A prior section 1133b, Pub. L. 89 329, title VIII, §803, as added Pub. L. 94 482, title I, §129(b), Oct. 12, 1976, 90 Stat. 2146; amended Pub. L. 96 374, title XIII, §1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, authorized grants and contracts for training and research related to cooperative education, prior to the general revision of this subchapter by Pub. L. 99 498.
Another prior section 1133b, Pub. L. 89 329, title VIII, §803, as added Pub. L. 90 575, title II, §251, Oct. 16, 1968, 82 Stat. 1043, authorized free or reduced rates for sharing educational or related resources by institutions of higher education, prior to the general revision of this subchapter by Pub. L. 94 482.
Amendments
1993—Subsec. (b)(6)(A). Pub. L. 103 208, §2(j)(25), struck out “data” after “for which the applicant receives a grant”.
Subsec. (e)(2). Pub. L. 103 208, §2(j)(26), substituted “Mexican-American” for “Mexican American” and “Northern Marianian” for “Northern Mariana”.
1992—Pub. L. 102 325 amended section generally, substituting provisions relating to grants and contracts for cooperative education programs for provisions relating to demonstration and innovation projects, training and resource centers, and research.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103 208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102 325, except as otherwise provided, see section 5(a) of Pub. L. 103 208, set out as a note under section 1003 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102 325 effective Oct. 1, 1992, see section 2 of Pub. L. 102 325, set out as a note under section 1001 of this title.