THE KENTUCKY EDUCATIONAL
FUND FOR HANDICAPPED CHILDREN, INC. PROCEDURES
Pursuant to Section 4945(g) of the Internal Revenue Code, as amended (“Code”), and Section 53.4945-4 of the Regulations, to the extent applicable, the following procedures are the procedures of the KENTUCKY EDUCATIONAL FUND FOR HANDICAPPED CHILDREN, INC. (“Corporation”), to be followed in the awarding of scholarships, grants, awards and other sums to or for the benefit of families with handicapped family members and to such facilities and institutions that provide education, therapy and training to handicapped persons.
1. Purpose of the Corporation
(a) The purpose of the Corporation is to provide financial assistance to those families with handicapped family members living in Kentucky for the costs associated with educating and training the physically and/or mentally handicapped children. In addition, the purpose of the Corporation is to assist facilities and institutions located in Kentucky to provide facilities, equipment and trained persons which are necessary to assist these facilities and institutions in the education, therapy and training of the handicapped.
(b) In furtherance of the purposes of the Corporation, scholarships and other financial assistance may be provided to Qualified Candidates to supplement or completely provide for the costs of tuition, equipment, special training, counseling, therapy, books, and any such training, counseling or education as may be necessary for any family member of a Qualified Candidate.
(c) In furtherance of the purposes of the Corporation, grants and awards may be made to those Qualified Facilities and institutions who provide training, therapy and/or education for the handicapped, for the purchase of equipment, for structural changes in the facility or institution, or to hire and/or maintain personnel who are qualified to educate and train the handicapped.
2. Selection of Recipients
(a) Qualified Candidates. Recipients of the Scholarships or other financial assistance will be selected by the Selection Committee in accordance with the terms and conditions of the By-Laws and the terms and conditions of these Procedures from those individuals (i) who have met the appropriate guidelines as a handicapped person; (ii) who have demonstrated special needs for education, therapy or training which requires enrollment in a special institution or facility, or which require special equipment and/or attention from specially trained persons, (iii) who are residents of Kentucky (iv) who have filed written applications, or have written applications filed on their behalf by a family member, interested person, facility or institution for consideration by the Selection Committee under the rules, regulations and procedures established under the By-Laws and the Procedures (“Qualified Candidates”).
(b) Scholarship Criteria., In considering the applications of Qualified Candidates, the Selection Committee shall consider and give such weight as it deems advisable in its sole discretion as to (i) the ability of a Qualified Candidate to benefit from such education, therapy or training, (ii) the extent of a Qualified Candidate’s handicap, and (iii) the financial ability of the family of any such Qualified Candidate to pay for such education, therapy or training. The selection of any such recipient shall be based on the information submitted pursuant to Section 2(c) of these Procedures and the results of any personal interviews pursuant to Paragraph 2(d) under these Procedures. Each recipient, at the time of such recipient’s selection, shall be a resident of Kentucky. No director, officer or any member of any committee established under the By-Laws, or any disqualified person as term is defined under Section 4946 of the Code, with respect to the Corporation, or any person related to of foregoing, shall be eligible to receive a scholarship or other financial assistance. Notwithstanding any other provision of these Procedures, in consideration of the applications of Qualified Candidates in selecting recipients of scholarships or other financial assistance, race, religion, national origin, age, and gender shall not be considered in any way by the Selection Committee.
(c) Submission of Information. Each Qualified Candidate shall submit or cause to be submitted to the Selection Committee a complete application form and support information which includes the following: (i) a complete biographical record of the candidate, (ii) a statement that the candidate is, or intends to be a resident of Kentucky, (iii) a description of the program in which the Qualified Candidate intends to participate in, (iv) a statement by a qualified physician, counselor, therapist, teacher, psychologist or other person who may be qualified to render an opinion, as to the extent of such Qualified Candidate’s physical, therapeutic and/or educational needs, and the benefits which may be derived from such education, therapy or training for which financial support has been requested, and (v) such other information as might be relevant to the determination of whether the Qualified Candidate meets selection criteria established under the terms and conditions of the By-Laws and under the terms and conditions of Section 2(b) of these Procedures.
(d) Personal Interviews. The Selection Committee may require that any Qualified Candidate, and/or such Qualified Candidate’s family be personally interviewed by one or more members of the Selection Committee or by agents or employees of the Selection Committee.
(e) Limitation. No director, officer or fiduciary, or any member of any committee of the Corporation, or any disqualified person as the term is defined in Section 4946 of the Code, with respect to the Corporation, who is in a position to derive private benefit directly or indirectly, if certain Qualified Candidates are selected over other Qualified Candidates, shall be involved in or shall influence Selection Committee selections of recipients of scholarships, grants, awards or other financial assistance.
3. (a) Qualified Facilities or Institutions. Recipients of grants, awards or other financial assistance will be selected by the Selection Committee in accordance with the terms and conditions of the By-Laws and the terms and conditions of these Procedures from those Facilities and Institutions: (i) that are significantly involved in the education, therapy and/or training of handicapped children; and (ii) that are located in Kentucky; and (iii) that have written applications filed by a representative of the institution for consideration by the Selection Committee under the rules, regulations and procedures established under the By-Laws and these Procedures (“Qualified Facilities or Institutions”).
(b) Grant or Award Criteria In considering the applications of a Qualified Facility or Institution, the Selection Committee shall consider and give such weight as it deems advisable in its sole discretion to (i) the extent of such Qualified Facility’s or Institution’s ability to provide education, therapy and/or training to the handicapped, (ii) the extent of such Qualified Facility’s or Institution’s financial resources from other areas, and (iii) the extent that such Qualified Facility or Institution provides education, therapy and training to the handicapped which is unique to Kentucky. The selection shall be based on the information submitted pursuant to Section 3(b) of these Procedures and the results of any presentation or inspection pursuant to Paragraph 3(c) under these Procedures. Each recipient at the time of such recipient’s selection shall have a location in Kentucky. No director, officer or any member of any committee established under the By-Laws, or any disqualified person as term is defined under Section 4946 of the Code, with respect to the Corporation, or any person related to of foregoing, shall be eligible to receive a grant, award or such other financial assistance. Notwithstanding any other provision of these Procedures, in consideration of the applications of Qualified Facilities or Institutions in selecting recipients of the grants or awards, race, religion, national origin, age, and gender shall not be considered in any way by the Selection Committee.
(c) Submission of Information. Each Qualified Facility or Institution shall submit or cause to be submitted to the Selection Committee a complete application form and support information which includes the following: (i) a detailed description of the facility or institution, including a description of the services provided to the handicapped children, (ii) a list of the staff with biographies on each of their qualifications, training, and fields of expertise, (iii) copies of any printed material that is distributed to the public through advertising, in any printed or electronic mass media, by the distribution of letters to educational, medical, governmental, or social service institutions, or by any other means, and (iv) a detailed description of what is the projected use of any financial assistance, the projected cost of such project and the importance of such project, particularly its uniqueness in Kentucky.
(d) Presentation or Inspection The Selection Committee may require that any Qualified Facility or Institution provide a presentation or avail its facility or institution to inspection by one or more members of the Selection Committee or by agents or by employees of the Selection Committee.
(e) Limitation. No director, officer, or fiduciary, or any member of any committee of the Corporation, or any disqualified person as the term is defined in Section 4946 of the Code, with respect to the Corporation, who is in a position to derive private benefit directly or indirectly, if certain Qualified Facilities or Institutions are selected over other Qualified Facilities or Institutions shall be involved in or shall influence Selection Committee selections of recipients of grants, awards or other financial assistance.
4. Records The Corporation shall keep accurate records relating to all scholarships, grants, awards, or other financial assistance, including information obtained to evaluate the recipient, information regarding the identification of a recipient (including any relationship of the recipient to the Corporation sufficient to make the recipient a disqualified person with respect to the Corporation), information regarding the amount and purpose of each scholarship, grant, award or other financial assistance, and all follow-up information obtained by the Corporation regarding the scholarships, grants, awards or other financial assistance, such as annual reports and investigation reports regarding possible diversion of funds.
5. Acts of the Corporation. Any acts, rights, privileges and duties required, granted, or imposed hereunder on the Corporation shall be required, granted to or imposed upon the Corporation’s board of directors and any such committees, officers, directors employees or agents of the Corporation as the Corporation’s Board of Directors may select.
Kentucky Education Fund for Handicapped Children, Inc. 