AUTHORITY: Implementing Section 5-30 and authorized by Section 5-105 of the Eliminate the Digital Divide Law [30 ILCS 780].

SOURCE: Adopted by emergency rulemaking at 24 Ill. Reg. 17361, effective November 6, 2000, for a maximum of 150 days; adopted at 25 Ill. Reg. 3646, effective February 26, 2001; amended at 26 Ill. Reg. 3026, effective February 15, 2002.

SUBPART A: ADMINISTRATIVE REQUIREMENTS

 

Section 546.10  General Purposes

 

The purpose of the Eliminate the Digital Divide Program is to expand access to information technology and educational opportunities through Community Technology Centers (CTCs) located in low income communities and to assist public hospitals, libraries, and park districts in eliminating the digital divide [30 ILCS 780/5-30(a)]. Grants may be awarded to plan, establish, administer and expand such CTCs.

 

(Source:  Amended at 26 Ill. Reg. 3026, effective February 15, 2002)

 

Section 546.20  Definitions

 

            "Act"  means Article 5 of the FY 2000 Budget Implementation Act, also cited as the Eliminate the Digital Divide Law.

 

The following words or phrases, for the purpose of this rule, have the same meaning respectively ascribed to them in Section 5-5 of the Act:

 

            "Community-based organization" means a private not-for-profit organization that is located in an Illinois community and that provides services to citizens within that community and surrounding area.

 

            "Community Technology Centers" provide computer access and educational services using information technology.  Community technology centers are diverse in the populations they serve and programs they offer, but similar in that they provide technology access to individuals and communities, and use computer and telecommunication technologies.

 

            "Department" means the Department of Commerce and Community Affairs.

 

            "National School Lunch Program" means a program administered by the U.S. Department of Agriculture and state agencies that provides free or reduced price lunches to economically disadvantaged children.  A child whose family income is between 130% and 185% of applicable family size income levels contained in the nonfarm poverty guidelines prescribed by the Office of Management and Budget is eligible for a reduced price lunch.  A child whose family income is 130% or less of the applicable family size income levels contained in the non-farm poverty guidelines prescribed by the Office of Management and Budget is eligible for a free lunch.

 

            "Telecommunications services" provided by telecommunications carriers include all commercially available telecommunication services in addition to all reasonable charges that are included by taking such services, such as State and federal taxes.

 

            "Other special services" provided by telecommunications carriers include Internet access and installation and maintenance of internal connections in addition to all reasonable charges that are incurred by taking such services, such as State and federal taxes.

 

Section 546.30  Legal Requirements

 

Any entity awarded a Community Technology Center Grant shall be required to execute a grant agreement that sets forth the rights and responsibilities of the grantee and the Department.   The Grant Agreement shall reflect  all applicable State and federal statutory and administrative requirements, including but not limited to provisions covering expenditure of grant funds and utilization of property purchased with grant funds.

SUBPART B: COMMUNITY TECHNOLOGY CENTER GRANT PROGRAM

 

Section 546.110  Purpose

 

Subject to appropriation, the Department shall make grants to plan, establish, administer, and expand Community Technology Centers and to assist public hospitals, libraries, and park districts in eliminating the digital divide. The purposes of such grants shall include, but shall not be limited to, underwriting expenses relating to volunteer recruitment and management, training and instruction, infrastructure, and related goods and services for Community Technology Centers. [30 ILCS 780/5-30(a)]

 

(Source:  Amended at 26 Ill. Reg. 3026, effective February 15, 2002)

 

Section 546.120  Determination of Eligible Communities

 

To be eligible to apply for a grant, a Community Technology Center, public hospital, library, or park district must serve a community in which not less than 40% of the students are eligible for a free or reduced price lunch under the national school lunch program or in which not less than 30% of the students are eligible for a free lunch under the national school lunch program.

 

a)         The Department shall annually obtain a list of schools and districts meeting these criteria from the Illinois State Board of Education (ISBE).  The Department shall supplement this administrative data from ISBE with public use quality poverty data from the U.S. Department of Commerce, Bureau of the Census.  Poverty data and the administrative data from the ISBE will be used to determine eligible communities.

 

b)         If funding is insufficient to approve all grant applications for a particular fiscal year, the Department may impose a higher minimum percentage threshold for that fiscal year [30 ILCS 780/5-30(b)]. The Department shall make such a determination after applications are received and the need is determined, as evidenced by the total amount of funding requested.

 

(Source:  Amended at 26 Ill. Reg. 3026, effective February 15, 2002)

 

Section 546.130  Eligible Applicants and Limitations on Certain Educational Entities

 

To be eligible, all applicants shall assure that services will be accessible to the general public and access will not be restricted on the basis of age, race, gender, minority status, religion, disability, or national origin.

 

a)         Eligible Applicants:  The following entities are eligible applicants for grants under the Community Technology Center Grant Program:

 

1)         public hospitals,

 

2)         libraries,

 

3)         park districts,

 

4)         State educational agencies,

 

5)         local educational agencies,

 

6)         institutions of higher education,

 

7)         other public and private nonprofit or for-profit agencies and organizations,

 

8)         a group of eligible entities if the group follows the procedures for group applications in 34 CFR 75.127-129 of the federal Education Department General Administrative Regulations, and

 

9)         any entities that have received a Community Technology Center grant under the federal Community Technology Centers. [30 ILCS 780/5-30(b)]

 

b)         Limitations on Certain Educational Entities:  To be eligible to apply for a grant under the Community Technology Center program, a local educational agency or public or private educational agency or organization must provide to the public computer access and educational services using information technology at one or more of its educational buildings or facilities at least 12 hours each week.  Information technology means computer-assisted instruction using skill training and/or educational software and/or distance learning using telecommunications technology.

 

(Source:  Amended at 26 Ill. Reg. 3026, effective February 15, 2002)

 

Section 546.140  Authorized Activities

 

In general, authorized activities shall include, but not be limited to, volunteer recruitment and management, training and instruction, infrastructure, and related goods and services for the Community Technology Center Grant Program [30 ILCS 780/5-30(a)]. Grant recipients typically provide a variety of services and programs, such as:

 

a)         Training to familiarize youth and adults with basic skills needed to access and utilize computers, common computer applications programs (e.g., word processing) and the Internet;

 

b)         vocational skills training relating to information technology occupations;

 

c)         access to career related information, employment opportunities, and related search capabilities available through the Internet;

 

d)         computerized instruction in:

 

1)         basic literacy skill;

 

2)         GED preparation; and

 

3)         English as a second language instruction;

 

e)         before and after school programs for youth for academic enrichment and reinforcement;

 

f)         computer skills training and support for entrepreneurs and small businesses;

 

g)         distance learning and video conferencing;

 

h)         access to assistive technology for disabled populations;

 

i)          professional development for teachers; and

 

j)          promotion of home access to computers.

 

(Source:  Amended at 26 Ill. Reg. 3026, effective February 15, 2002)

 

Section 546.150  Allowable Costs

 

Allowable costs shall include reasonable and necessary expenses associated with the planning and operation of a Community Technology Center, as agreed to by the Department and as specified in an agreement between the Department and the grant recipient.  Such costs may include reimbursement for expenses for:

 

a)         personal services;

 

b)         fringe benefits;

 

c)         travel;

 

d)         equipment;

 

e)         supplies;

 

f)         rent/facilities costs;

 

g)         contractual services; and

 

h)         other costs that are consistent with statute, agreed upon by the Department, and as specified in an agreement between the Department and the grant recipient.

 

Section 546.160  Proposal Content

 

Subject to appropriations, the Department shall issue instructions and formats to eligible applicants for the submittal of grant proposals in advance of each funding cycle.  The proposal shall contain sufficient information to clearly explain the nature and potential benefits of the proposed project.  The proposal will generally include the following sections:

 

a)         an executive summary;

 

b)         a description of the applicant demonstrating that the applicant is located within an eligible community, as required by Section 546.120 of this Part and that the applicant is eligible to apply for a grant pursuant to the requirements of Section 546.130 of this Part;

 

c)         a description of the applicant including:

 

1)         a description of the organization and location of the applicant agency;

 

2)         a description of the services typically provided;

 

3)         a description of the technological infrastructure already in place;

 

4)         a description of the populations typically served;

 

5)         a description of actual related performance of the applicant, as compared to outcome objectives specified in past State or federal grants for related purposes; and

 

6)         a description of the level of community support for the applicant;

 

d)         a description of the technology-related needs of the targeted community, including:

 

1)         a description of what the needs are;

 

2)         a description of how needs were determined, including methods used to collect community input; and

 

3)         a description of existing community resources addressing those needs;

 

e)         a description of the activities proposed by the applicant to be undertaken during the period of performance of the grant to address the needs;

 

f)         a schedule for the implementation of proposed activities;

 

g)         measurable outcome objectives to be achieved during the period of performance for the grant;

 

h)         a budget requesting grant funds for allowable costs and a justification for all costs requested;

 

i)          a description of the education and related experience of key project personnel; and

 

j)          a description of the applicant's participation in related programs.

 

(Source:  Amended at 26 Ill. Reg. 3026, effective February 15, 2002)

 

Section 546.170  Review Criteria and Negotiation Procedures

 

Grant proposals shall be reviewed on a competitive basis.  Based on the competitive review, applicants shall be selected to enter into negotiations with the Department for a grant.  The purpose of negotiations shall be to arrive at mutually acceptable grant provisions, including general, budgetary, and scope-of-work provisions.  The final decision to make a grant award will be made by the Director of the Department.  The Department shall use the following criteria when reviewing grant proposals and making awards:

 

a)         Need of the Eligible Community:  In determining relative need, the Department shall consider the following factors:

 

1)         economic need in each target community, as evidenced by the proportion of local youth eligible for reduced cost, or free lunches under the National School Lunch Program; and

 

2)         the level of access to technology of the populations to be served by the applicant.

 

b)         Quality of the Proposal:  The Department shall examine the overall quality of the activities and programs provided by the applicant.  In making this judgment the Department shall consider:

 

1)         the range, nature, and volume of activities to be undertaken, or proposed to be undertaken;

 

2)         the measurable performance outcomes proposed by the applicant;

 

3)         the past success of the applicant; and

 

4)         the qualifications of staff assigned to deliver project activities.

 

c)         Community Support:  The Department shall consider overall level of community support for the applicant's proposal.  In making this judgment the Department shall consider:

 

1)         the amount of local community input received by the applicant in the design and operation of the proposed services; and

 

2)         the level of financial support received by the applicant from private/non-governmental sources.

 

d)         Cost:  The Department shall examine the reasonableness of costs relative to the type of expenses being proposed.

 

e)         Geographic Distribution of Awards:  Along with the other criteria listed in this Section, the Director of the Department shall consider the geographic distribution of awards throughout the State when making final decisions regarding grant awards.

 

(Source:  Amended at 26 Ill. Reg. 3026, effective February 15, 2002)

 

Section 546.180  Limitations

 

Grants are subject to the following limitations:

 

a)         The total amount of grants under the Community Technology Center Grant Program in fiscal year 2001 shall not exceed $2,000,000. [30 ILCS 780/5-30(a)]

 

b)         No Community Technology Center may receive a grant of more than $50,000 under this program in a particular fiscal year. [30 ILCS 780/5-30(a)]

 

(Source:  Amended at 26 Ill. Reg. 3026, effective February 15, 2002)

 

Section 546.190  Reporting

 

Unless otherwise specified in the agreement between the Department and the recipient, an entity receiving a grant shall report financial and programmatic data to the Department on a regular basis using formats provided by the Department.  The Department shall require quarterly reporting of expenditures and program achievements at a level of detail sufficient to provide for program accountability.

 

a)         Expenditures:  Unless otherwise specified in the agreement with the Department, an entity receiving a grant shall report actual expenditures using expenditure formats supplied by the Department. Expenditure summaries are to be submitted to the Department by the 15^th day following the end of each fiscal quarter in which any expenditure of grant funds is made.

 

b)         Program Report:  Unless otherwise specified in the agreement with the Department, an entity receiving a grant shall submit a program report in a format provided by the Department. The program report shall include a narrative describing the entity's progress towards achieving objectives and activities as specified in the agreement with the Department. Program reports shall be submitted to the Department by the 15^th day following the end of each fiscal quarter.