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school facility or in the process of being and postmarked, on or before the applimade ready for such a use. The school cable filing date established by parafacility so provided must be functional graph (c) of this section. and not elaborate in design or extrava (c) Each application shall be subgant in the use of materials in compari mitted to the Commissioner through the son with school facilities of a similar type appropriate State educational agency on constructed in the State within recent or before ninety (90) days following (1) years, and the replacement or restoration the date of publication of the regulations work must be undertaken in an economi in this part in the FEDERAL REGISTER, or cal manner.

(2) ninety (90) days following the date $ 112.3 Certification of payments.

on which the area in which the local

educational agency is, in whole or in part, (a) Payments to an applicant under located is designated as being within & section 16 of the Act will be made only major disaster area, whichever is later; on the basis of a completed application except that whenever such a date falls which satisfies the conditions for pay on a business day, the first day for filing ment prescribed by section 16 of the Act applications shall be the next succeeding and the regulations in this part.

business day. (b) Upon approval of a oject appli (d) An application will not be deemed cation of a local educational agency un to be a completed application unless it der section 16 of the Act, the Commis contains assurances that the rates of sioner will pay to such agency an amount pay for laborers and mechanics engaged equal to ten percentum of the estimated in any construction under the applicacost of the construction, incident to the tion will be not less than the prevailing replacement or restoration of the school local wage rates for similar work as defacilities destroyed or seriously damaged termined in accordance with the Davisas a result of the disaster. After final Bacon Act, 40 U.S.C. 276a-276a-5; that drawings and specifications have been all contractors and subcontractors for approved by the Commissioner and the such construction will comply with the construction contract has been entered regulations in 29 CFR Part 3 and include into, the Commissioner will pay to the in all contracts the contract clauses reapplicant local educational agency, in quired by 29 CFR 5.5 (a) and (c); and advance or by way of reimbursement at that the nondiscrimination clause presuch times and in such installments as he scribed by Executive Order 11246 of may deem to be reasonable, the re September 24, 1965 (30 F.R. 12319, mainder of the Federal share of the cost

12935), will be incorporated in any conof the replacement or restoration of such tract for construction work, or modificaschool facilities.

tion thereof, as defined in said Executive (c) Any funds paid to a local educa

order. tional agency and not expended or (e) An application will not be deemed otherwise used for the purpose for which to be a completed application until all paid shall be repaid to the Commissioner necessary forms prescribed by the Comfor return to the Treasury of the United missioner, supplements thereto, supportStates.

ing documents, amendments, or com

munications, bearing the required cer88 112.4-112.7 [Reserved)

tifications and verifications by the State Subpart C-Application for Financial educational agency, are received by the Assistance

Commissioner.

(f) There can be no Federal financial $ 112.8 Applications.

participation under section 16 of the Act (a) Federal financial assistance under in any expenditures made before the apsection 16 of the Act will be provided on plication with respect thereto has been the basis of a completed application

received by the Commissioner in subwhich is filed by an applicant and which stantially approvable form. sets forth the basis for eligibility for such assistance and identifies the project or

§ 112.9 General procedure if funds are projects for which such assistance is re

inadequate to make all requested pay.

ments. quested.

(b) Each application must be in sub When the Commissioner deems that stantially approvable form and be re available appropriated funds will be inceived by the Commissioner, or enclosed adequate to provide the financial assist. in a cover addressed to the Commissioner ance requested under all approvable

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applications that are timely filed, he will that the amount of the financial assistestablish an order of priority for ap ance so determined with respect to all proval of such applications after con such applications (after deducting the

sidering the relative educational and amount of such financial assistance 33 financial needs of the local educational under such applications previously as

agencies which have submitted approv signed a priority in accordance with the able applications.

order of their consideration that is $ 112.10 Determination of priorities

specified by the local educational agency)

bears to the unused bond sale capacity. among applications. (a) The Commissioner will determine

$ 112.11 Prohibition against payment the order of priority for all applications

for religious worship or instruction. involving the replacement or restoration Nothing contained in the Act or the of school facilities, the destruction of or regulations in this part shall be conserious damage to which as a result of a strued to authorize the use of payments major disaster requires as a temporary made under the Act for religious worexpediency the relocation of students in ship or instruction. another school building or classroom.

88 112.12-112.15 [Reserved] Such applications of all local educational agencies will be assigned priorities on the Subpart D-Retention of Records basis of the percentage, in descending order, that the total number of children

$ 112.16 Retention of records. in the school district who are so relocated Local educational agencies receiving (after deducting the number of children grants under the Act are required to so relocated from a school facility previ keep intact all records supporting claims ously assigned a priority in accordance for such grants until the completion of with the order of their consideration that the Federal fiscal audit or the regularly is specified by the local educational conducted Federal administrative review, agency) bears to the total memberships or for 3 years following the fiscal year to of all schools in the school district. Such which the claim relates, whichever is membership will be determined on the later. The records involved in any basis of the latest and best information claims or expenditures which have been available. For the purpose of this sec questioned shall be maintained until nection, the number of relocated children essary adjustments have been reviewed will include the number of children dis and cleared by the Federal agency makplaced from private schools as a result ing the review. Records need not be of the major disaster who would, but for maintained beyond that period unless, the destruction or serious damage to the under special circumstances, the local school facility being assigned a priority, educational agency is specifically adbe accommodated in that school facility, vised that certain of such records should and such relocated children will be in be retained or unless State or local praccluded in the computation of the mem tices call for a longer period. bership of the public schools.

88 112.17–112.20 [Reserved) (b) All other applications for the replacement or restoration of school faciu. Subpart Provisions Not Exhaustive ties destroyed or seriously damaged as a

8 112.21 Provisions not exhaustive of result of a major disaster will be assigned

jurisdiction of Commissioner.
priorities lower than the priorities as-
signed under paragraph (a) of this sec-

The provisions of the regulations in tion. Priorities will be assigned to school

this part shall be deemed not to be exfacilities under this paragraph (b) on

haustive of the jurisdiction of the Comthe basis of the amount of financial as

missioner under the Act. sistance requested, and estimated by the Commissioner to be reasonable in PART 113—FINANCIAL ASSISTANCE amount, in comparison with the unused

FOR CURRENT SCHOOL EXPENDIbond sale capacity for public school fa

TURES OF LOCAL EDUCATIONAL
cilities. The unused bond sale capacity
will be computed on the basis of facts as AGENCIES IN AREAS AFFECTED BY
of the date of the disaster. Such appli MAJOR DISASTER
cations of all local educational agencies

Subpart A Definitions
will be assigned priorities on the basis Sec.
of the percentage, in descending order, 118.1 Definitions.

fi

motore

Subpart B-Financial Assistance for Providing public education, but not including Free Public Education

assistance with respect to the making of

substantial structural repairs) or for Sec. 113.2 Financial assistance for providing

the cost of replacing instructional and free public education.

maintenance supplies, equipment, and 113.3 Assistance for the replacement of materials (including textbooks) desupplies, equipment, and mate.

stroyed or seriously damaged as a result rials.

of such a major disaster, or to provide 113.4–113.7 (Reserved]

school or cafeteria facilities needed to Subpart C--Applications

replace temporarily such facilities which

have been made unavailable as a result 113.8 Applications. 113.9 Dates for filling applications.

of such a major disaster, or any com113.10 Notification to applicant.

bination of the foregoing. 113.11 Reports.

(d) “Local educational agency” means 113.12 Inadequacy of Federal funds.

a board of education or other legally 113.13 Method of payment.

constituted local school authority (in113.14 Prohibition on payment for religious

cluding, where applicable, a State agency worship or instruction. 113.15–113.17 [Reserved]

which directly operates and maintains

facilities for providing free public educaSubpart D--Retention of Records

tion) having exclusive administrative 113.18 Fiscal control and audit.

control and direction of free public edu113.19 Retention of records.

cation, in a county, township, independ113.20-113.24 [Reserved]

ent, or other school district located

within a State. Subpart - Preceding Provisions not Exhaustive

(e) "Free public education" means 113.25 Preceding provisions not exhaustive

education which is provided at public of jurisdiction of the Commissioner.

expense, under public supervision and AUTHORITY: The provisions of this Part direction, and without tuition charge, 113 issued under secs. 301, 303, 64 Stat. 1107, and which is provided as elementary or 1108; 20 U.S.C. 242, 244.

secondary school education in the appli. SOURCE: The provisions of this Part 113 cable State. Elementary education may appear at 31 F.R. 4405, Mar. 15, 1966, unless include kindergarten education meeting otherwise noted.

the above criteria. Subpart A-Definitions

(f) "Fiscal year" means the period

beginning on July 1 and ending on the $ 113.1 Definitions.

following June 30. (The fiscal year is As used in this part

designated by the calendar year of the (a) “Act” means P.L. 874, 81st Con

ending date.) gress (64 Stat. 1100), section 7 of which

(g) “State" means a State of the was added by P.L. 89–313 (79 Stat. 1158).

Union, the District of Columbia, Puerto (b) “Commissioner” means the

Rico, the Virgin Islands, Wake Island, United States Commissioner of Educa

Guam, or American Samoa. tion.

(h) "Major disaster area" means an (c) "Application" means a formal re

area which is determined, pursuant to quest submitted by a local educational

section 2(a) of the Act of September 30, agency on forms prescribed by the Com

1950 (42 U.S.C. 1855a (a)), to have missioner, including any amendments

suffered, after August 30, 1965, and prior thereto, as well as any document or

to July 1, 1967, a major disaster as a documents in support thereof, filed by

result of any flood, drought, fire, hurrisuch a local educational agency, for ad cane, earthquake, storm, or other catasditional financial assistance under sec

trophe which is or threatens to be of tion 7 of the Act and the regulations in

sufficient severity and magnitude to this part with respect to current ex

warrant disaster assistance by the Fed. penditures for providing free public edu

eral Government. A certification by the

Governor of the State in which such area cation in an area affected by a major disaster (including assistance with re

is located of the need for disaster assistspect to the repair of school facilities,

ance in such area under Public Law or the restoration or replacement of

81-875 shall be deemed to be a certificaschool facilities, when urgently needed

tion of need for disaster assistance unto protect such facilities from further

der section 7 of Public Law 81-874 and damage or deterioration or otherwise an assurance of the expenditure of a necessary for continuing to provide free reasonable amount of the funds of the

government of that State, or of any such financial assistance during the first political subdivision thereof, for pur fiscal year following such a determinaposes the same as or similar to those tion exclusive of any financial assistance provided for in section 7 of Public Law under section 7 of the Act for the restora81-874 with respect to that catastrophe. tion or replacement of school facilities.

(i) “School facilities" includes class The amount of financial assistance so rooms and related facilities; and equip provided by the Commissioner to the ment, machinery, and utilities necessary agency for use during any fiscal year will or appropriate for school purposes. It not exceed the amount which the Comdoes not include athletic stadiums, or missioner determines to be necessary to structures or facilities intended pri enable such an agency, with the other marily for athletic exhibitions, contests, funds available to it for such a purpose, to or games or other events for which ad continue to provide a level of education mission is to be charged to the general equivalent to that maintained during the public.

last full fiscal year prior to the occur

rence of the major disaster. While the Subpart B-Financial Assistance for

local educational agency is not to be reProviding Free Public Education quired to cease to continue to provide § 113.2 Financial assistance for provid

such higher level of education as it may ing free public education.

have undertaken to provide during the

fiscal year in which the major disaster (a) When the Commissioner deter

occurred, no additional assistance may mines that a local educational agency is

be provided under section 7 of the Act making a reasonable tax effort and is that is attributable to the continuation exercising due diligence in availing itself

of providing such a higher level of eduof funds from State, local and Federal

cation. The determination by the Comsources for general educational purposes, missioner will take into account the addibut, as a result of the major disaster, is tional costs reasonably necessary to unable to secure funds for that purpose

provide under public auspices and adsufficient to meet the additional cost of

ministration, educational programs in providing free public education for chil

which children enrolled in private eledren attending the schools of such agen

mentary and secondary schools in the cy, the Commissioner may, upon applica

school attendance area of the applicant tion under section 7 of the Act and ap

which have been disrupted or impaired proval thereof, provide such additional

by the major disaster may attend and financial assistance, including assistance with respect to the restoration or replace

participate. ment of school facilities other than $ 113.3 Assistance for the replacement structures destroyed or seriously dam

of supplies, equipment, and mateaged, as is necessary to enable that rials. agency to continue to provide free public education to such children during the

Where an applicant local educational fiscal year in which the application is

agency is determined by the Commismade at a pre-existing level. Such as

sioner to be eligible for financial assistsistance may be continued in subsequent ance under $ 113.2, the Commissioner fiscal years on the basis of applications will provide an amount to that agency approved during such fiscal years but which he determined to be necessary (a) not beyond the end of the fourth fiscal to replace instructional and maintenance year following the fiscal year in which supplies, equipment, materials (includthe area in which the whole or a part of ing textbooks), whether or not acquired such agency is located is determined to through the use in whole or in part of have suffered a major disaster.

Federal funds made available under (b) The amount of such Federal finan other programs, which have been decial assistance for continuing to provide stroyed or seriously damaged as a refree public education at a preexisting sult of the major disaster and (b) to lease level during the second, third and fourth or otherwise provide (other than by the fiscal years following the fiscal year in acquisition of land or the erection of which the area is determined to have suf- buildings) school and cafeteria facilities fered a major disaster will not exceed 75 needed to replace temporarily such facilper centum, 50 per centum, and 25 per ities which have been made unavailable centum, respectively, of the amount of as a result of the major disaster.

88 113.4–113.7 (Reserved)

Subpart C-Applications § 113.8 Applications.

As a condition to receiving benefits under section 7 of the Act, a local educational agency located in whole or in part in a major disaster area must, through the appropriate State educational agency, file with the Commissioner an application for financial assistance on forms prescribed by the Commissioner setting forth the need for such benefits under section 7 of the Act. An approved application for financial assistance in continuing to provide free public education at a preexisting level, other than financial assistance under section 7 of the Act for the restoration or replacement of school facilities, shall apply only to such financial assistance for the providing of free public education until the end of the fiscal year in which the application is approved. Otherwise an approved application shall apply to any expenditures made during a reasonable period of time with respect to those items which are covered by the application. An application that is timely made will be applicable retroactively for eligible expenditures made during or subsequent to the major disaster occasioning the expenditure. $ 113.9 Dates for filing applications.

Each application for benefits under section 7 of the Act, except applications for financial assistance for continuing to provide free public education at a preexisting level that are filed for a fiscal year subsequent to that covered by such initial application, must be filed by the applicant on or before ninety (90) days following the date on which the area in which the applicant is located is declared to be a major disaster area or in ninety (90) days following the date of the publication of the regulations in this part In the FEDERAL REGISTER, whichever is the later; except that, whenever such date shall fall on a nonbusiness day, the final date for filing applications shall be the next succeeding business day. An application for financial assistance for continuing to provide free public education at a preexisting level for a fiscal year subsequent to that covered by the initial year of such application must be filed by March 31 in the fiscal year following

the last such application. An application must either be received by the Commissioner, or be mailed under cover postmarked, on or before the final filing date. It must be transmitted through and certified for by the State educational agency. The applicant is responsible for obtaining the certification of the State educational agency and for securing transmittal of the application to the Commissioner. $ 113.10 Notification to applicant.

Each applicant will be notified by the Commissioner of the approval or disapproval of its application and the esti. mated amount of any payments to be made with respect to assistance in the cost of providing free public education, including assistance with respect to the repair of school facilities, or the replacement or restoration of school facilities, and the cost of replacing destroyed or seriously damaged instructional and maintenance supplies, equipment and materials (including textbooks), and of leasing or otherwise providing school or cafeteria facilities as temporary replacements. $ 113.11 Reports.

(a) Reports required. Each applicant shall submit such reports and information concerning destruction and damage occasioned by the major disaster on such forms as the Commissioner may reasonably require concerning destruction of and damage to school facilities and instructional and maintenance supplies, equipment, and materials (including textbooks), and of payments made with respect thereto as well as payments made to continue to provide free public education at a preexisting level, and to lease or otherwise provide school and cafeteria facilities as temporary replacements, for which benefits are sought under section 7 of the Act.

(b) Final report. Each applicant whose application is approved shall submit to the Commissioner final reports concerning payments made by the applicant or which benefits are sought under section 7 of the Act. Such final reports shall be submitted promptly after the applicant makes final payments and receives final insurance adjustments, but in no event later than the 30th day of September in the fiscal year following the fiscal year in which such final payments or insurance adjustment are

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