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gate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies in the State, or in the continental United States, as the case may be (without regard to the sources of funds from which such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding fiscal year. Notwithstanding the above provisions, if for the fiscal year ending June 30, 1959, the rate based on 50 percent of the fiscal year 1957 average per pupil expenditure in the continental United States (as limited by the fiscal year 1957 State average per pupil expenditure) is less for a particular applicant than the rate determined for the fiscal year 1958 on the basis of the fiscal year 1956 national average per pupil local contribution rate (as limited by the fiscal year 1956 State average per pupil expenditure), the minimum rato determined under subparagraph (2) of this paragraph for the fiscal year 1959 shall be the fiscal year 1956 national average per pupil local contribution rate or the State average per pupil expenditure for the fiscal year 1956, whichever is the lesser.

(c) The local contribution rate for any applicant in Alaska, Hawaii, Puerto Rico, the Virgin Islands, Wake Island, or Chuam shall be determined for any fiscal year by the Commissioner in accordance with policies and principles which will, in his Judgment, best effectuate the purposes of the act and most nearly approxImate the policies and principles provided in the act and this part for determining local contribution rates in other States. Subpart E-Records and Reports

Required by the Commissioner 8 115.40 Records and reports required

of applicants. (a) Each applicant shall maintain adequate written records to substantiate the Federal connection of pupils forming the basis for claim for financial assistance under any subsection of section 3 or section 4 of the act and this part; and shall make its records available to the Commissioner upon request for the purpose of examination or audit.

(b) Each applicant shall submit such reports and information as the Commis

sioner may reasonably require to determine the amount which the applicant may be paid under sections 2, 3, or 4 of the act and this part. & 115.41 Interim reports.

No payment after the initial payment shall be made to an applicant for a fiscal year until its final report has been filed, except that an applicant desiring an intermediate payment shall file with the Commissioner an interim report on Form RSF-3. $ 115.42 Necessity and effect of final

reports by applicants under sections

2, 3, or 4. (a) Submission of final reports. For each fiscal year, each applicant shall submit through the State educational agency on Form RSF-3 a final report to enable the Commissioner to determine the amount to which the applicant is entitled under the act. Such final reports shall be received by the Commissioner on or before the thirtieth day of September following the fiscal year for which payment is requested; except that, whenever such date shall fall on a Saturday, Sunday, or other legal holiday, the final date for filing final reports shall be the next succeeding week day. No certification of payment shall be made after the applicable date for filing the final report for any fiscal year until the final report for such fiscal year has been received. Until all such reports for each year for which an applicant has received a payment have been received in proper form, no further certification for payment to such applicant shall be made under the provisions of the act for any subsequent fiscal year, unless the Commissioner is satisfied from other information that the payments already made for the year for which a final report is lacking do not exceed the net amount due such applicant out of the appropriation for such year.

(b) Failure to submit final report when appropriations insufficient. Unless the final report, for any year for which the Commissioner is required to reduce the amounts which he certifies for payment because the funds appropriated are insufficient to pay in full the total amounts to which all applicants are entitled, has been received by the Commissioner on or before the applicable date for filing the final report, an applicant, in addition to the provision in paragraph (a) of this section, shall not be entitled to

any further certification for payment out essary adjustments have been made of funds available for such fiscal year: and the adjustments have been reviewed Provided, That an applicant which has and cleared by the Federal agencies not received the regular initial payment making such reviews. The Commisfor such year, shall have its application sioner does not require that records be processed for such regular initial pay- maintained beyond this period unless, ment if a final report is received by the under special circumstances, the grantee Commissioner within 30 days of the ap- agency is specifically advised that certain plicable date for filing the final report. record materials should be retained until

(c) Excessive entitlement. The Com- specific questions are settled. missioner may disallow any portion of

$ 115.44 Reports from other Federal the entitlement estimated for a fiscal

agencies. year for which no final report has been received which he may determine to be

Pursuant to the deduction requireexcessive on the basis of such informa

ments of section 3 (e) and other prytion as is available. Whether or not a

visions of the act, the Commissioner report has been submitted, if an appli

requires information with respect to cercant is found, after the applicable date

tain payments made by other Federal for filing a final report following the close

departments and agencies for the same of the fiscal year, on the basis of all avail

general purposes. Pursuant to the proable information, to have received funds

visions of section 8 (b) of the act other in excess of its entitlement or prorated

Federal departments and agencies which portion of its entitlement for such fiscal

make expenditures (directly or otheryear, such excess will be deducted in

wise) for, or in aid or supplementation computing amounts subsequently certi

of, elementary or secondary education, fied for payment to the applicant for the

with respect to which an application has current or subsequent fiscal year, or,

been filed with the Commissioner, will where no payments are due, the applicant

be requested to file reports of commitwill be required to refund such excess to

ments and expenditures for such purthe United States through the Com

poses as required by the Commissioner. missioner.

Subpart F-Arrangements Under (d) Information submitted after dead.

Section 6 of the Act line date. No effect shall be given to any report or information filed by the

f 115.50 Proposal for arrangements for applicant after the applicable date for

certain children residing on Federal filing final reports to increase the amount

property. computable on the basis of information Any local educational agency or the on file on such date, except that where Federal department or agency adminisdata have been requested in writing by tering the Federal property on which the Commissioner for the purpose of part or all of such children reside, processing applications and final reports, believing that the Commissioner should such information may be given such ef- exercise his authority under section 6 fect if received in writing by the Com

(a) of the act to make arrangements to missioner on or before the date stated provide free public education for children in the Commissioner's request.

who reside on Federal property, and (24 F.R. 60, Jan. 3, 1959, as amended at 25

being willing to enter into or assist in F.R. 2532, Mar. 25, 1960)

entering into such arrangements, should

file with the Commissioner, on or before $ 115.43 Retention of records.

March 15 preceding the fiscal year for Local educational agencies receiving which such arrangements would be Federal grants under the act are required made, a proposal in the form prescribed to keep intact all records supporting by the Commissioner and bearing the enclaims for such Federal grants until the dorsement of either the State and local completion of the fiscal audit and/or ad- educational agencies or the appropriate ministrative reviews which are regularly officials of the Federal department or conducted by Federal agencies, or for agency administering the property or three years following the fiscal year to properties on which the children reside, which the claim relates, whichever is as the case may be. Among the details later, except as otherwise notified. The to be included in the proposal are (a) records involved in any claims or expend- the reasons why the Commissioner itures which have been questioned should make a determination to enter should be further maintained until nec- into such arrangements, (b) the esti

235 86-096–68—16

mated number of children to be educated, (c) financial and educational details necessary for the Commissioner to make the determinations and arrangements required under section 6, and (d) the name of the local educational agency or Federal department or agency which would provide such free public education, § 115.5l Determination by the Com

missioner. If under section 6 (a) the Commissioner determines that he is required to make such arrangements to provide free public education for part or all of the children on whose behalf the request is made or if, acting upon information otherwise received, he makes a determination to provide free public education for children who reside on Federal property, such arrangements shall be made in accordance with the proposal or such other information or recommendation as he may deem appropriate, with a local educational agency or with the Federal department or agency administering the Federal property on which part or all of the children reside who will be provided education pursuant to the arrangements. $ 115.52 Arrangements under section 6

(b) and section 6 (c). When the Commissioner makes a determination under section 6 (a) that arrangements shall be made to provide free public education with respect to children who reside on Federal property, he will under appropriate circumstances also make arrangements in connection therewith for those children for whose education he is authorized to make provisions under section 6 (b) and section 6 (c). $ 115.53 Arrangements.

The arrangements between the local educational agency or the Federal department or agency and the Commissioner shall be as detailed as the circumstances of the individual situations may require. $ 115.54 Expenditures.

In making such arrangements the Commissioner shall not make payments (a) for expenditures made prior to his determination that he is required to make such arrangements; or (b) for expenditures made subsequent thereto unless such expenditures are within the

definition of "current expenditures" in section 9 (5) of the act and are within the general terms of the arrangements; or (c) for expenditures in excess of the actual or reasonable per pupil expenditure of providing free public education in the applicable State. $ 115.55 Reports.

The local educational agency or the Federal department or

agency with which such arrangements are made shall make such reports to the Commissioner from time to time as he may require to perform his functions under this act. $ 115.56 Termination of arrangements.

Arrangements under section 6 shall be limited to providing free public education for not more than one school year. Ii the Commissioner determines that the local educational agency or the Federal department or agency with which arrangements have been made has substantially deviated from the terms of the arrangements, he shall so notify the local educational agency or the Federal department or agency concerned. If the local educational agency or the Federal department or agency does not within a reasonable time comply with the terms of the arrangements, the Commissioner may terminate such arrangements without further notice.

PART 116-FINANCIAL ASSISTANCE

TO MEET THE SPECIAL EDUCA-
TIONAL NEEDS OF EDUCATION-
ALLY DEPRIVED CHILDREN

Subpart A-Definitions
Sec.
116.1 Definitions,
Subpart B-Eligibility for and Amount of Grants

and Payments 116.2 Eligibility of

local

educational agencies. 116.3 Determination of maximum grants

and payments. 116.4 Allocation of county aggregate maxi

mum grants by State educational

agencies. 116.5 Local educational agencies in more

than one county. 116.6 Local educational agencies with over

lapping jurisdictions or serving children from another school dis

trict. 116.7 Changes in local educational agen.

cies. 116.8 Limitation on grants for fiscal year

1967.

Sec.

Subpart A-Definitions 116.9 Ratable reductions and reallotments. 116.10-116.15 (Reserved ]

$ 116.1 Definitions. Subpart C—Project Applications

As used in this part116.16 Project applications.

(a) “Act” means the Elementary and 116.17 Project covered by an application.

Secondary Education Act of 1965 (Public 116.18 Size, scope, and quality of projects. Law 89–10). Title II of Public Law 874, 116.19 Participation by children enrolled in 81st Congress, which was added by Title private schools.

I of said Elementary and Secondary 116.20 Title to property and control over Education Act of 1965, is hereinafter in funds.

this part referred to as Title I of the Act. 116.21 Requirements with respect to con

(b) "Attendance area" means, in relastruction. 116.22 Provision for measurement of edu- tion to a particular public school, the cational achievement and evalua

geographical area in which the children tion of programs.

who are normally served by that school 116.23 Reports by local educational agen- reside. An attendance area for an cies.

elementary school may not necessarily 116.24 Relation to other programs.

be coterminous with an attendance area 116.25 Dissemination and utilization of re

for a secondary school.
sults of educational research and
demonstrations.

(C) “Average daily attendance” means 116.26–116.30 (Reserved]

(1) average daily attendance in elemen

tary and secondary schools, not beyond Subpart D-Duties and Functions of State

grade 12, as determined in accordance Education Agencies

with State law and (2) in the case of 116.31 Participation by States.

schools for handicapped children oper116.32 Certificate of State attorney general. ated or supported by a State agency, the 116.33 Allocation to local educational agen

average number of children under 21 cies. 116.34 Approval of applications from local

years of age participating per day for educational agencies.

the length of a normal school year in an 116.35-116.40 (Reserved]

organized program in such schools of

instruction which is recognized under Subpart E-Payments

State law as furnishing elementary or 116.41 Payments to States.

secondary education, but not beyond 116.42 Obligation of Federal appropriations.

grade 12. Daily attendance shall be 116.43 Distributions to State or local educational agencies.

measured by the number of daily hours 116.44 Limitation on payments to a State.

of participation in such instruction as 116.45 Limitations on payments to a local

the State agency determines to be apeducational agency.

propriate for children with the partic116.46 Use of Federal funds and liquida- ular handicap involved, except that any tion of obligations by State or local

such instruction for more than 1 hour, educational agencies.

but less than 3 hours, a day shall be 116.47 Expenditures by State and local edu

deemed to constitute a maximum of cational agencies. 116.48 State fiscal control and audit.

one-half day of attendance. Time spent 116.49–116.50 (Reserved]

primarily in custodial care or in medical

treatment or therapy cannot be counted Subpart F-General Provisions

in determining school attendance. 116.51 Approval of State application.

(d) “Average per pupil expenditure" 116.52 Withholding by the Commissioner.

in a State or in the United States means 116.53 Allowable expenditures.

the aggregate of current expenditures 116.54 Retention of records. 116.55 Inventories of equipment.

(as defined in paragraph (h) of this 116.56 Financial interest of officials.

section but otherwise without regard to 116.57 Copyrights and patents.

the sources of funds from which such AUTHORITY: The provisions of this part

expenditures are made) of all those lo

cal educational agencies in the State, 116 issued under sec. 7, 64 Stat. 1107, as renumbered sec. 301, 79 Stat. 35; 20 U.S.C. 242.

or in the United States, as the case may Interpret or apply secs. 201-212, 301-303, be, which are boards of education or as added or renumbered by 79 Stat. 27-36, other legally constituted local school and 111(1), 80 Stat. 1196, 20 U.S.C. 241a-2411, authorities having administrative con242–244 and 883(c).

trol and direction of free public educaSOURCE: The provisions of this Part 116 tion in a county, township, independent appear at 32 F.R. 2742, Feb. 9, 1967, unless or other school district, including those otherwise noted.

State agencies which operate and main

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tain facilities for the providing of free ticular facility as a facility for providpublic education in a county, township, ing educational services, including such or other school district, plus any such items as instructional equipment and current expenditures made directly by necessary furniture, printed, published, the State for operation of those local and audiovisual instructional materials, educational agencies, and the sum and books, periodicals, documents, and thereof divided by the aggregate num- other related materials. Equipment does ber of children in average daily attend- not include supplies which are consumed ance to whom those local educational in use or which may not reasonably be agencies provided free public education. expected to last longer than 1 year. As used in this paragraph, “the United (1) "Federal percentage” means 50 States" means the States of the Union percent of the average per pupil expendiand the District of Columbia.

ture in a State, or, where applicable, in (e) “Commissioner" means the U.S. the United States, for a prior fiscal year, Commissioner of Education.

which is used as a factor in computing (f) “Construction" means the erect- maximum grants under Title I of the Act. ing, building, acquiring, altering, re- (m) "Fiscal year” means a period modeling, improving, or extending of beginning on July 1 and ending on the school facilities, and includes the prep- following June 30. (A fiscal year is aration of drawings and specifications designated in accordance with the calfor school facilities and the inspection endar year in which the ending date of and supervision of the construction of the fiscal year occurs.) school facilities.

(n) "Free public education" means (g) "County” means a division of a education which is provided at public State of the Union which is treated as a expense, under public supervision and county by the Secretary of Commerce direction, and without tuition charge, in compiling and reporting data re- and which is provided as elementary or garding counties.

secondary education, not above grade (h) “Current expenditures” means 12 in a State. Elementary education expenditures for free public education, may, if so determined under State law, including expenditures for administra- include education below grade 1 meeting tion, instruction, attendance and health the above criteria. services, pupil transportation services,

(0) "Handicapped children" means operation and maintenance of plants, mentally retarded, hard of hearing, deaf, and fixed charges, and net expenditures speech impaired, visually handicapped, to cover deficits for food services and seriously emotionally disturbed, crippled, student body activities, but not includ- or other health impaired children who ing expenditures for community services, by reason thereof require special educapital outlay and debt service, or any cation. expenditures made from funds granted (p) “An institution for delinquent under Titles I, II, or III of the Act. children” means a public or private non

(i) “Educationally deprived children" profit residential facility which is opermeans those children who have need for

ated primarily for the care of, for an special educational assistance in order

indefinite period of time or for a definite that their level of educational attain

period of time other than one of short ment may be raised to that appropriate

duration, children who have been adjufor children of their age. The term

dicated to be delinquent children. includes children who are handicapped

(q) “An institution for neglected chilor whose needs for such special educa

dren" means a public or private nonprofit tional assistance result from poverty,

residential facility (other than a foster neglect, delinquency, or cultural or lin

home) which is operated primarily for guistic isolation from the community

the care of, for an indefinite period of at large.

time, at least ten children who have been (j) "Elementary school" means a day

committed to the institution, or volunor residential school which provides elementary education, as determined under

tarily placed in the institution, and for

whom the institution has assumed or State law. (k) “Equipment” includes machinery,

been granted custodial responsibility purutilities, and built-in equipment and any

suant to applicable State law, because necessary enclosures or structures to of the abandonment or neglect by, or house them, and includes all other items death of, parents or persons acting in the necessary for the functioning of a par- place of parents.

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