(b)(1) A State shall ensure that each subgrantee complies with the requirements in §§76.651-76.662. (2) If a State carries out a project directly, it shall comply with these requirements as if it were a subgrantee. (Authority: 20 U.S.C. 1221e-3 and 3474) § 76.652 Consultation with representatives of private school students. (a) An applicant for a subgrant shall consult with appropriate representatives of students enrolled in private schools during all phases of the development and design of the project covered by the application, including consideration of: (1) Which children will receive benefits under the project; (2) How the children's needs will be identified; (3) What benefits will be provided; (4) How the benefits will be provided; and (5) How the project will be evaluated. (b) A subgrantee shall consult with appropriate representatives of students enrolled in private schools before the subgrantee makes any decision that affects the opportunities of those students to participate in the project. (c) The applicant or subgrantee shall give the appropriate representatives a genuine opportunity to express their views regarding each matter subject to the consultation requirements in this section. (Authority: 20 U.S.C. 1221e-3 and 3474) $76.653 Needs, number of students, and types of services. § 76.654 Benefits for private school students. (a) Comparable benefits. The program benefits that a subgrantee provides for students enrolled in private schools must be comparable in quality, scope, and opportunity for participation to the program benefits that the subgrantee provides for students enrolled in public schools. (b) Same benefits. If a subgrantee uses funds under a program for public school students in a particular attendance area, or grade or age level, the subgrantee shall insure equitable opportunities for participation by students enrolled in private schools who: (1) Have the same needs as the public school students to be served; and (2) Are in that group, attendance area, or age or grade level. (c) Different benefits. If the needs of students enrolled in private schools are different from the needs of students enrolled in public schools, a subgrantee shall provide program benefits for the private school students that are different from the benefits the subgrantee provides for the public school students. (Authority: 20 U.S.C. 1221e-3 and 3474) § 76.655 Level of expenditures for students enrolled in private schools. (a) Subject to paragraph (b) of this section, a subgrantee shall spend the same average amount of program funds on: (1) A student enrolled in a private school who receives benefits under the program; and (2) A student enrolled in a public school who receives benefits under the program. (b) The subgrantee shall spend a different average amount on program benefits for students enrolled in private schools if the average cost of meeting the needs of those students is different from the average cost of meeting the needs of students enrolled in public schools. (Authority: 20 U.S.C. 1221e-3 and 3474) § 76.656 Information in an application for a subgrant. An applicant for a subgrant shall include the following information in its application: (a) A description of how the applicant will meet the Federal requirements for participation of students enrolled in private schools. (b) The number of students enrolled in private schools who have been identified as eligible to benefits under the program. (c) The number of students enrolled in private schools who will receive benefits under the program. (d) The basis the applicant used to select the students. (e) The manner and extent to which the applicant complied with $76.652 (consultation). (f) The places and times that the students will receive benefits under the program. (g) The differences, if any, between the program benefits the applicant will provide to public and private school students, and the reasons for the differences. (Authority: 20 U.S.C. 1221e-3 and 3474) § 76.657 Separate classes prohibited. A subgrantee may not use program funds for classes that are organized separately on the basis of school enrollment or religion of the students if: (a) The classes are at the same site; and (b) The classes include students enrolled in public schools and students enrolled in private schools. (Authority: 20 U.S.C. 1221e-3 and 3474) § 76.658 Funds not to benefit a private school. (a) A subgrantee may not use program funds to finance the existing level of instruction in a private school or to otherwise benefit the private school. (b) The subgrantee shall use program funds to meet the specific needs of students enrolled in private schools, rather than: (1) The needs of a private school; or (2) The general needs of the students enrolled in a private school. (Authority: 20 U.S.C. 1221e-3 and 3474) § 76.659 Use of public school personnel. A subgrantee may use program funds to make public personnel available in other than public facilities: (a) To the extent necessary to provide equitable program benefits designed for students enrolled in a private school; and (b) If those benefits are not normally provided by the private school. (Authority: 20 U.S.C. 1221e-3 and 3474) § 76.660 Use of private school personnel. A subgrantee may use program funds to pay for the services of an employee of a private school if: (a) The employee performs the services outside of his or her regular hours of duty; and (b) The employee performs the services under public supervision and control. (Authority: 20 U.S.C. 1221e-3 and 3474) § 76.661 Equipment and supplies. (a) Under some program statutes, a public agency must keep title to and exercise continuing administrative control of all equipment and supplies that the subgrantee acquires with program funds. This public agency is usually the subgrantee. (b) The subgrantee may place equipment and supplies in a private school for the period of time needed for the project. (c) The subgrantee shall insure that the equipment or supplies placed in a private school: (1) Are used only for the purposes of the project; and (2) Can be removed from the private school without remodeling the private school facilities. (d) The subgrantee shall remove equipment or supplies from a private school if: (1) The equipment or supplies are no longer needed for the purposes of the project; or (2) Removal is necessary to avoid use of the equipment of supplies for other than project purposes. (Authority: 20 U.S.C. 1221e-3 and 3474) resentatives of the private school children, or Department officials. (Authority: 20 U.S.C. 2727(b)(4)(A), 2972(h)(1), 2990(c), 3223(c)) [54 FR 21776, May 19, 1989] § 76.675 Posthearing procedures. (a)(1) Within 120 days after the record of a show cause hearing is closed, the hearing officer issues a written decision on whether a bypass should be implemented. (2) The hearing officer sends copies of the decision to the grantee, subgrantee, representatives of the private school children, and the Secretary. (b) Within 30 days after receiving the hearing officer's decision, the grantee, subgrantee, and representatives of the private school children may each submit to the Secretary written comments on the decision. (c) The Secretary may adopt, reverse, modify, or remand the hearing officer's decision. (Authority: 20 U.S.C. 2727(b)(4)(A), 2972(h)(1), 2990(c), 3223(c)) [54 FR 21776, May 19, 1989] § 76.676 Judicial review of a bypass action. If a grantee or subgrantee is dissatisfied with the Secretary's final action after a proceeding under §§ 76.672 through 76.675, it may, within 60 days after receiving notice of that action, file a petition for review with the United States Court of Appeals for the circuit in which the State is located. (Authority: 20 U.S.C. 2727(b)(4)(B)–(D), 2972(h)(2)–(4), 2990(c), 3223(c)) [54 FR 21776, May 19, 1989] § 76.677 Continuation of a bypass. The Secretary continues a bypass until the Secretary determines that the grantee or subgrantee will meet the requirements for providing services to private school children. (Authority: 20 U.S.C. 1221e-3, 2727(b)(3)(D), 2972(f), and 3474) [54 FR 21776, May 19, 1989] |