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Title 45 Chapte
I show the number of is high as the percentage of such chi The
rived children enrolled iren residing in the whole of the schon
s who are expected to listrict, or if the estimated number one
in and the degree and hildren from low-income families
expected participation. iding in that attendance area is as lege
ct to be carried out in is the average number of such childrer
and involving a joint esiding in the several school attendance
of children enrolled in
and children enrolled in reas in the school district. In certain ases, the whole of a school district met see
hall include such provile regarded as an area having a higt die
cecessary to avoid classes oncentration of such children and te
arated by school enroll
us affiliation of the chilpproved as a project area, but ont i 24 IEE here are no wide variances in the CDI- IS entrations of such children among the
school personnel may be everal school attendance areas in the US
le on other than public chool district.
ies only to the extent (e) In the case of such a projer:
provide special services lertaken jointly by two or more sunt
apel.tic, remedial, or welocal educational agencies, the projet
broadened health services, trea with respect to each school dintre
asts for poor children, and nust be one that qualifies as a project rerne
d counseling services) for crea under paragraph (d of this 2.
ionally deprived children for
such special services were ion. However, the whole of the project
Yonly when such services are irea must be considered in determinme
ly provided by the private whether it is sufficiently restrictet size in relation to the nature of the pro
e application for a project
ich special services shall proct as to maintain its effectiveness I = neeting the aims and objectives té tres
zince that the applicant will
administrative direction and project.
er those services. Subject to (f) The project for which an applica
ons of § 116.20, mobile or porion for a grant is made by a loca. Eftir
oment may be used on private ational agency should be designet
mises for such period of time neet the special educational seeds
- life of the current project for hose educationally deprived it
equipment is intended to be sho have the greatest need for 288
s necessary for the successful ince. However, none of the conzin
tion in that project by educailly deprived children who are te eet of
deprived children enrolled in he special educational sertion to
chools. Provisions for special provided shall be denied the opportunit,
nal services for educationally o participate in the project
I children enrolled in private fround that they are not chcióra
shall not include the paying of ow-income families or on the Edit Se
for teachers or other employees hat they are not attending bl. 2
ate schools, except for services he time.
ied outside their regular hours of (g) Each such project must be fire
nd under public supervision and o contribute particulariy tovzi me
1, nor shall they include the using ng one or more of the specie se
pment other than mobile or porional needs of educational ten
quipment, on private school premhildren and should not be design
the constructing of private school nerely to meet the needs of SDE EL
ies. If the student body at large sine
In the event that the special eduor in a specified grade in a schors
ial needs of the educationally de(h) Each application for 2 Dar E
i Indian children attending private ler Title 1 of the Act for en
ils on a reservation cannot be met leprived children residing is a
he appropriate local educational irea shall contain an assurante
.cy because of the remote location ise of the grant funds us :
nose schools, the Department of the decrease in the use for som
rior shall design its program to meet deprived children residir *** PEct area of State or local fronte Tape
special educational needs of such in the absence of funds me TT
cationally deprived Indian children the Act, would be made state for
section 205(a)(2) in Title I of the Act. of substantial progress toward meeting Within the total of the grants made the needs of educationally deprived available for the program, the program children for whom the projects are incovered by an approved application may, tended. The program of a local educawithout altering the essential nature of tional agency must involve the expendithe program, be modified from time to ture of at least $2,500 or such lesser time to reflect changing conditions. The amount as may be set by the State educaState educational agency shall notify the tional agency upon its determination Commissioner of any such modifications. that it would be impossible, for such rea
(1) An application by the Department sons such as distance or difficulty of of the Interior to the Commissioner for travel, for the applicant to join effecpayments to meet the special educa- tively with other local educational agentional needs of educationally deprived cies for the purpose of meeting that dolchildren on reservations serviced by lar requirement. The budget for a projelementary and secondary schools ect shall avoid imprudent, extravagant operated for Indian children by that De- or wasteful expenditures which would partment shall describe a program or tend to defeat the intent of the Act to individual projects designed to meet the meet the special educational needs of special educational needs of education- educationally deprived children. The ally deprived children who attend such project application must justify any proschools or w 20 are eligible to attend such posed expenditures above the level of schools or to participate in preschool expenditures by the applicant for other programs of that Department. The pro- comparable activities. gram shall include a provision for grants (b) Each application for grant to local educational agencies with re- (other than one for a planning project) spect to out-of-State Indian children in or for payments to the Department of the the elementary or secondary schools of Interior shall provide an assessment of such agencies under special contracts the special educational needs of the eduwith the Denartment of the Interior, cationally deprived children who would which grants shall not exceed, for each be eligible to receive benefits under Title such child one-half the average per pupil I of the Act or incorporate by reference expenditure in the State in which the the assessment contained in a prior apagency is located. The application shall plication. Each such application for a describe the overall program under grant shall describe the objectives of the Title I of the Act of the Department of project in relation to those special eduthe Interior which will administer the cational needs. It must demonstrate program to Indian children on the basis that the project has been sufficiently well of its determination of their special edu- planned to meet those objectives and that cational needs. An application by the the project makes adequate provision for Department of the Interior will be its implementation in an effective approved by the Commissioner upon his manner. determination that the program in that (c) A joint application may be made application complies with the applicable by two or more eligible educational requirements of Title I of the Act and agencies for grants to each for a single the regulations in this part. Individ- project (including a planning project) ual projects to carry out the approved to be carried out jointly or through other program of the Department of the In- arrangements between or among such terior will be implemented by that De- educational agencies. partment in a manner consistent with (d) The program of a local educasuch requirements. The Department of tional agency entitled to funds under the Interior will advise the Commissioner Title I of the Act on the basis of children as to the manner the Department's pro- living in institutions for neglected or gram is being implemented, including a delinquent children shall provide for the description of each individual project. special educational needs of such
children. $ 116.18 Size, scope, and quality of
(e) Applications for grants (other projects.
than those for planning projects) or (a) Each application by a State or lo- payments are to be concentrated on a cal educational agency for a grant (other limited number of projects and applied than one for a planning project) must to a limited number of educationally propose projects of sufficient size, scope deprived children so as to give reasonable and quality as to give reasonable promise promise of promoting to a marked degree
improvement in the educational attain- each project shall show the number of ment, motivation, behavior or attitudes educationally deprived children enrolled of children.
in private schools who are expected to § 116.19 Participation by children en
participate therein and the degree and rolled in private schools.
manner of their expected participation.
(d) Any project to be carried out in (a) Each local education agency shall
public facilities and involving a joint provide special educational services de- participation of children enrolled in signed to meet the special educational private schools and children enrolled in needs of educationally deprived children public schools shall include such proviresiding in its district who are enrolled in
sions as are necessary to avoid classes private schools. Such educationally de- which are separated by school enrollprived children shall be provided genu- ment or religious affiliation of the chiline opportunities to participate therein dren. consistent with the number of such edu- (e) Public school personnel may be cationally deprived children and the na- made available on other than public ture and extent of their educational school facilities only to the extent deprivation. The special educational necessary to provide special services services shall be provided through such (such as therapeutic, remedial, or welarrangements as dual enrollment, edu- fare services, broadened health services, cational radio and television, and mobile school breakfasts for poor children, and educational services and equipment, guidance and counseling services) for Such opportunities shall be made avail- those educationally deprived children for able to those educationally deprived chil- whose needs such special services were dren who reside in the public school designed and only when such services are attendance area designated as the project not normally provided by the private area or in a geographical area reasonably school. The application for a project coterminous with the project area. If it including such special services shall prois not practicable to apply a project to vide assurance that the applicant will children enrolled in private schools be- maintain administrative direction and cause they are enrolled in a private control over those services. Subject to school located in another school district, the provisions of § 116.20, mobile or porthe applicant may make arrangements table equipment may be used on private for such children with the local educa- school premises for such period of time tional agency serving such other school within the life of the current project for district, including where appropriate the which the equipment is intended to be making of a joint project application. used as is necessary for the successful
(b) The needs of educationally de- participation in that project by educaprived children enrolled in private tionally deprived children enrolled in schools, the number of such children who private schools. Provisions for special will participate in the program and the educational services for educationally types of special educational services to deprived children enrolled in private be provided for them, shall be deter- schools shall not include the paying of mined, after consultation with persons salaries for teachers or other employees knowledgeable of the needs of these pri- of private schools, except for services vate school children, on a basis com- performed outside their regular hours of parable to that used in providing for the duty and under public supervision and participation in the program by edu- control, nor shall they include the using cationally deprived children enrolled in of equipment other than mobile or porpublic schools.
table equipment, on private school prem(c) The opportunities for participa- ises or the constructing of private school tion by educationally deprived children
facilities. in private schools in the program of a (f) In the event that the special edulocal educational agency under Title I cational needs of the educationally deof the Act shall be provided through
prived Indian children attending private projects of the local educational agency schools on a reservation cannot be met which furnish special educational serv- by the appropriate local educational ices that meet the special educational agency because of the remote location needs of such educationally deprived of those schools, the Department of the children rather than the needs of the Interior shall design its program to meet student body at large or uf children in the special educational needs of such a specified grade. The application for educationally deprived Indian children through appropriate arrangements that $ 116.21 Requirements with respect to provide genuine opportunities for par
construction. ticipation by such educationally deprived
(a) In a case of a project involving the Indian children which are consistent
construction of school facilities, the apwith the number of such children and
plication for a grant shall provide assurthe nature and extent of their educa
ances that all laborers and mechanics tional deprivation.
employed by contractors or subcontrac(g) The foregoing provisions of this tors on such construction will be paid section, other than those relating to the
wages at rates not less than those deterconstruction of private school facilities,
mined by the Secretary of Labor to be do not apply to the use of funds granted
prevailing on similar construction in the to a State agency because of its direct
locality in accordance with the Davisresponsibility for providing free public Bacon Act, as amended (40 U.S.C. 276aeducation for handicapped children or 276a-5); that such contractors and subfor children in institutions for neglected contractors will comply with the regulaor delinquent children,
tions in 29 CFR Part 3 (see 29 F.R. 97), § 116.20 Title to property and control
and include all clauses required by 29 over funds.
CFR 5.5 (a) and (c) (see 29 F.R. 100, 101,
13463, and 29 CFR Part 3, Subpart B(a) Control over the use of funds pro
Interpretation of the fringe benefits provided under Title I of the Act, and title to
visions of the Davis-Bacon Act-puband administrative control over property
lished at 29 F.R. 13465); and that the acquired with such funds, shall be in a
nondiscrimination clause prescribed by public agency, which will exercise such
Executive Order No. 11246 of September control. Such funds and property shall
24, 1965 (30 F.R. 12319), will be incorpobe used for the purposes provided in Title
rated in any contract for construction I of the Act, but such a use shall not
work, or modification thereof, as defined inure to the benefit of any private school.
in said Executive Order. The incidental use of such property for
(b) In developing plans for the conother purposes is permitted only for re
struction of school facilities, the applilated educational purposes on public
cant agency shall give due consideration premises and only so long as such a use
to excellence of architecture and design does not interfere with the carrying out
and to the inclusion of works of art, for of a Title I project.
which funds under Title I of the Act (b) Equipment acquired with funds
will be available in an amount not in exprovided under Title I of the Act may,
cess of 1 percent of the cost of such in certain cases, be placed on private
construction including the providing of school premises for a limited period of
works of art. In any event, the constructime, but the title to and administrative
tion must be functional, must be undercontrol over such equipment must be re- taken in an economical manner, and tained and exercised by a public agency. must not be elaborate in design or exIn exercising that administrative control,
travagant in the use of materials. the public agency shall not only keep (c) The State educational agency records of, and account for, the equip
shall not approve a project involving the ment but shall also assure itself that the
construction of school facilities unless equipment is being used solely for the
it determines that the construction is purposes of the project, and remove the
consistent with overall State plans for equipment from the private school prem- construction. It shall not approve such ises when necessary to avoid its being a project involving construction, other used for other purposes or when it is than minor remodeling, altering or imno longer needed for the purposes of the proving of school facilities, unless the approject.
proval is conditioned upon approval of (c) The application by a local educa
the construction plans and specifications
by the State educational agency, and tional agency must contain a satisfac
further conditioned upon the award of a tory assurance that the funds provided
construction contract on or before a date under Title I of the Act, and property de
specified in the project application as rived therefrom, will at all times be under
providing a reasonable period of time the control of, and be administered by,
taking into consideration the nature of a public agency in accordance with the
the program or project to be served by provisions of the Act and the regulations the construction of the school facilities in this part.
and the magnitude of the construction to be undertaken, which date shall in no lized in making at least annually an event be later than June 30 of the follow- evaluation of the effectiveness of its proing fiscal year. Such plans and speci- gram under Title I of the Act in meeting fications shall be approved only after the special educational needs of educadue consideration has been given, to the tionally deprived children, including apextent appropriate in view of the uses propriate objective measurements of to be made of the facilities, of the acces- educational achievement. sibility of the facilities to, and the usabil- (b) The measurement of educational ity of them by, handicapped persons, and achievement under such a program shall of their compliance with the minimum include the measuring or estimating of standards contained
"American educational deprivation of those children Standard Specifications for Making who will participate in the program and Buildings and Facilities Accessible to, the comparing, at least annually, of the and Usable by the Physically Handi- educational achievement of participatcapped" approved by the American ing children with some objective standStandard Association, Inc., with appro- ard or norm. The type of measurement priate usable segments of “Building used by a local educational agency Standards of the University of Illinois should give particular regard to the reRehabilitation Center" and "Occupancy quirement that the State educational Guide-Department of Veterans Bene- agency report to the Commissioner on fits, Regional Offices, Veterans Adminis- the effectiveness of the programs in that tration," and with such other standards State in improving the educational in that regard as the Secretary of Health, achievement of educationally deprived Education, and Welfare may prescribe or children. approve.
(c) The evaluation of programs and (d) In the planning of the construc- projects should, consistent with the nation of school facilities involving the ture and extent of participation by chiluse of funds under Title I of the Act, dren enrolled in private schools, be exeach State and local educational agency tended to such participation. shall, in accordance with the provisions
§ 116.23 Reports by local educational of Executive Order No. 11296 of August
agencies. 10, 1966 (31 F.R. 10663), and such rules and regulations as may be issued by the
Each application by a local educationDepartment of Health, Education, and al agency (including a State agency diWelfare to carry out those provisions,
rectly responsible for providing free pubevaluate flood hazards in connection lic education for handicapped children with such school facilities, and as far
or for children in institutions for neas practicable, avoid the uneconomic,
glected or delinquent children) shall prohazardous, or unnecessary use of flood
vide assurance that it will render to the plains in connection with such
State educational agency an annual reconstruction.
port and such other reports, in such (e) All contracts for construction (as form, and containing such information, defined in § 116.1(f)) shall be awarded
as may be reasonably necessary to ento the lowest qualified bidder on the basis
able the State educational agency to perof open competitive bidding except that,
form its duties under Title I of the Act, if one or more items of construction are
including the measurements of educacovered by an established alternative
tional achievement and program effecprocedure, consistent with State and lo- tiveness required by $ 116.22. The local cal laws and regulations, which is ap
educational agency shall keep such proproved by the state agency as designed
gram and fiscal records, and afford such to assure construction in an economical
access thereto, as the State educational manner consistent with sound business agency may find necessary to assure the practice, such alternative procedure may
correctness and verification of such rebe followed.
ports and the expenditure of funds
granted under Title I of the Act. $ 116.22 Provision for measurement of
educational achievement and evalua- & 116.24 Relation to other programs. tion of programs.
(a) Each application for a grant under (a) Each application by a State or Title I of the Act shall demonstrate that, local educational agency or by the De- in the development of the program or partment of the Interior shall describe project, the applicant has taken into conthe procedures and techniques to be uti- sideration those benefits that are or may