{"content":[{"text":"APPLICATION OF THE","bbox":{"left":0.026144,"top":0.07022,"width":0.20151000000000002,"height":0.020212000000000008}},{"text":"Docket No. 97-10-O","bbox":{"left":0.222222,"top":0.102417,"width":0.16172500000000004,"height":0.020211999999999994}},{"text":"MESCALERO APACHE TRIBE,","bbox":{"left":0.026144,"top":0.151659,"width":0.268529,"height":0.020212000000000008}},{"text":"Indian Vocational Education \n Program Proceeding","bbox":{"left":0.075163,"top":0.183856,"width":0.22545199999999999,"height":0.03725800000000001}},{"text":"Applicant.","bbox":{"left":0.222222,"top":0.265295,"width":0.08223499999999997,"height":0.020212000000000008}},{"text":"DECISION","bbox":{"left":0.454046,"top":0.346735,"width":0.09149000000000002,"height":0.020212000000000008}},{"text":"Appearances:","bbox":{"left":0.026144,"top":0.395977,"width":0.106706,"height":0.020212000000000008}},{"text":"John Shendo, Jr., Tribal Education Director, Mescalero, New Mexico, for the Mescalero Apache Tribe","bbox":{"left":0.075163,"top":0.428174,"width":0.805353,"height":0.020212000000000008}},{"text":"Daphna Crotty, Esq. and Mark Smith, Esq., Office of the General Counsel, United States Department of \n Education, Washington, D.C., for the Assistant Secretary for Vocational and Adult Education","bbox":{"left":0.075163,"top":0.492568,"width":0.8163330000000001,"height":0.03725800000000001}},{"text":"The Mescalero Apache Tribe (Tribe) submitted a request for a hearing to appeal a decision by the Secretary not to \n include Tribe among the 25 applicants selected in a competitive grant process for the award of a grant under the Indian \n Vocational Education Program. 34 C.F.R. \n § 401.23 (1996). Tribe's application was one of 80 applications reviewed, evaluated, and rated. \n Based on the findings and analysis set forth infra, the review process was proper and only a nominal adjustment in the \n score assigned to Tribe's application is warranted. This adjustment will not affect the decision by the Secretary not to \n include Tribe among the successful applicants for an award of a grant.","bbox":{"left":0.026144,"top":0.558856,"width":0.9322550000000001,"height":0.12248499999999996}},{"text":"I. OPINION","bbox":{"left":0.45132,"top":0.693326,"width":0.09692200000000001,"height":0.020212000000000008}},{"text":"The Indian Vocational Education Program provides financial assistance to projects that provide vocational education for \n the benefit of Native Americans. 34 C.F.R. § 401.1. In a June 19, 1996, notice, the Secretary invited eligible tribal \n organizations to submit applications for a competitive grant which were to be evaluated using the selection criteria and \n corresponding weights designated by 34 C.F.R. § 401.21, as supplemented by 34 C.F.R. § 401.20(b) and 34 C.F.R. § \n 401.20(e). 61 Fed. Reg. 31,364. As a result of this notice, 83 applications were received for fiscal year 1996. The \n Department deemed three applications ineligible, and, therefore, 80 applications were evaluated for grant funding. The \n Department selected the top 25 eligible applications for grant funding and the lowest ranking successful applicant had a \n standardized score of 82.15.See footnote 11/ Tribe's application was given a standardized score of 19.81 and was ranked \n 80th of the 80 applications evaluated.See footnote 22/","bbox":{"left":0.026144,"top":0.742568,"width":0.9444509999999999,"height":0.15657600000000005}},{"text":"Tribe raises one procedural matter and many substantive exceptions regarding the purported weaknesses in its \n application as reported by its three reviewers. The procedural matter will be addressed first.","bbox":{"left":0.026144,"top":0.911129,"width":0.862568,"height":0.037257000000000096}}],"images_bbox":[],"images_bbox_not_text_overlap":[]}