Title 45 Chapte

as high as the percentage of such chil- the dren residing in the whole of the schoo district, or if the estimated number of children from low-income families siding in that attendance area is as large as the average number of such childrer residing in the several school attendance areas in the school district. In certai

cases, the whole of a school district mer be regarded as an area having a high concentration of such children and be approved as a project area, but only f there are no wide variances in the cor-centrations of such children among the several school attendance areas in th school district.

(e) In the case of such a projem udertaken jointly by two or more FunT local educational agencies, the proje 2 area with respect to each school distre must be one that qualifies as a pre area under paragraph (d) of this se tion. However, the whole of the project area must be considered in determiNE whether it is sufficiently restricted size in relation to the nature of the proect as to maintain its effectivenes i meeting the aims and objectives of the > project.

(f) The project for which an appliestion for a grant is made by a local encational agency should be designet w meet the special educational needs of those educationally deprived calor who have the greatest need for asar Kance. However, none of the educatin ally deprived children who are in neer the special educational services to be provided shall be denied the opporume to participate in the project on ground that they are not children from low-income families or on the ground esthat they are not attending shot g of the time.

(g) Each such project must be sadomas to contribute particularly toward meeing one or more of the special st ritional needs of educationally depend children and should not be dented merely to meet the needs of BÉLULE F thof the student body at large & afor in a specified grade in a school f(h) Each application for a gr der Title I of the Act for educatraldeprived children residing in a p area shall contain an assurance that the use of the grant funds will not JERUK H aba decrease in the use for education d deprived children residing

effect area of State or local f

in the absence of funds under The the Act, would be made atate d

DRE

I show the number of rived children enrolled s who are expected to in and the degree and expected participation. ct to be carried out in and involving a joint f children enrolled in and children enrolled in

hall include such proviecessary to avoid classes arated by school enrollus affiliation of the chil

school personnel may be le on other than public ies only to the extent provide special services apeutic, remedial, or welbroadened health services, asts for poor children, and d counseling services) for ionally deprived children for

such special services were only when such services are ly provided by the private e application for a project ich special services shall proince that the applicant will administrative direction and er those services. Subject to ons of § 116.20, mobile or por>ment may be used on private mises for such period of time › life of the current project for e equipment is intended to be s necessary for the successful tion in that project by educadeprived children enrolled in schools. Provisions for special nal services for educationally

children enrolled in private shall not include the paying of for teachers or other employees ate schools, except for services ed outside their regular hours of nd under public supervision and 1, nor shall they include the using pment other than mobile or porquipment, on private school premthe constructing of private school ies.

In the event that the special eduhal needs of the educationally de1 Indian children attending private ls on a reservation cannot be met he appropriate local educational cy because of the remote location hose schools, the Department of the rior shall design its program to meet

special educational needs of such cationally deprived Indian children

section 205 (a) (2) in Title I of the Act. Within the total of the grants made available for the program, the program covered by an approved application may, without altering the essential nature of the program, be modified from time to time to reflect changing conditions. The State educational agency shall notify the Commissioner of any such modifications.

(1) An application by the Department of the Interior to the Commissioner for payments to meet the special educational needs of educationally deprived children on reservations serviced by elementary and secondary schools operated for Indian children by that Department shall describe a program or individual projects designed to meet the special educational needs of educationally deprived children who attend such schools or who are eligible to attend such schools or to participate in preschool programs of that Department. The program shall include a provision for grants to local educational agencies with respect to out-of-State Indian children in the elementary or secondary schools of such agencies under special contracts with the Department of the Interior, which grants shall not exceed, for each such child one-half the average per pupil expenditure in the State in which the agency is located. The application shall describe the overall program under Title I of the Act of the Department of the Interior which will administer the program to Indian children on the basis of its determination of their special educational needs. An application by the Department of the Interior will be approved by the Commissioner upon his determination that the program in that application complies with the applicable requirements of Title I of the Act and the regulations in this part. Individual projects to carry out the approved program of the Department of the Interior will be implemented by that Department in a manner consistent with such requirements. The Department of the Interior will advise the Commissioner as to the manner the Department's program is being implemented, including a description of each individual project.

§ 116.18 Size, scope, and quality of projects.

(a) Each application by a State or local educational agency for a grant (other than one for a planning project) must propose projects of sufficient size, scope and quality as to give reasonable promise

of substantial progress toward meeting the needs of educationally deprived children for whom the projects are intended. The program of a local educational agency must involve the expenditure of at least $2,500 or such lesser amount as may be set by the State educational agency upon its determination that it would be impossible, for such reasons such as distance or difficulty of travel, for the applicant to join effectively with other local educational agencies for the purpose of meeting that dollar requirement. The budget for a project shall avoid imprudent, extravagant or wasteful expenditures which would tend to defeat the intent of the Act to meet the special educational needs of educationally deprived children. The project application must justify any proposed expenditures above the level of expenditures by the applicant for other comparable activities.

(b) Each application for a grant (other than one for a planning project) or for payments to the Department of the Interior shall provide an assessment of the special educational needs of the educationally deprived children who would be eligible to receive benefits under Title I of the Act or incorporate by reference the assessment contained in a prior application. Each such application for a grant shall describe the objectives of the project in relation to those special educational needs. It must demonstrate that the project has been sufficiently well planned to meet those objectives and that the project makes adequate provision for its implementation in an effective

improvement in the educational attainment, motivation, behavior or attitudes of children.

§ 116.19 Participation by children enrolled in private schools.

(a) Each local education agency shall provide special educational services designed to meet the special educational needs of educationally deprived children residing in its district who are enrolled in private schools. Such educationally deprived children shall be provided genuine opportunities to participate therein consistent with the number of such educationally deprived children and the nature and extent of their educational deprivation. The special educational services shall be provided through such arrangements as dual enrollment, educational radio and television, and mobile educational services and equipment. Such opportunities shall be made available to those educationally deprived children who reside in the public school attendance area designated as the project area or in a geographical area reasonably coterminous with the project area. If it is not practicable to apply a project to children enrolled in private schools because they are enrolled in a private school located in another school district, the applicant may make arrangements for such children with the local educational agency serving such other school district, including where appropriate the making of a joint project application.

(b) The needs of educationally deprived children enrolled in private schools, the number of such children who will participate in the program and the types of special educational services to be provided for them, shall be determined, after consultation with persons knowledgeable of the needs of these private school children, on a basis comparable to that used in providing for the participation in the program by educationally deprived children enrolled in public schools.

(c) The opportunities for participation by educationally deprived children in private schools in the program of a local educational agency under Title I of the Act shall be provided through projects of the local educational agency which furnish special educational services that meet the special educational needs of such educationally deprived children rather than the needs of the student body at large or of children in a specified grade. The application for

each project shall show the number of educationally deprived children enrolled in private schools who are expected to participate therein and the degree and manner of their expected participation.

(d) Any project to be carried out in public facilities and involving a joint participation of children enrolled in private schools and children enrolled in public schools shall include such provisions as are necessary to avoid classes which are separated by school enrollment or religious affiliation of the children.

(e) Public school personnel may be made available on other than public school facilities only to the extent necessary to provide special services (such as therapeutic, remedial, or welfare services, broadened health services, school breakfasts for poor children, and guidance and counseling services) for those educationally deprived children for whose needs such special services were designed and only when such services are not normally provided by the private school. The application for a project including such special services shall provide assurance that the applicant will maintain administrative direction and control over those services. Subject to the provisions of § 116.20, mobile or portable equipment may be used on private school premises for such period of time within the life of the current project for which the equipment is intended to be used as is necessary for the successful participation in that project by educationally deprived children enrolled in private schools. Provisions for special educational services for educationally deprived children enrolled in private schools shall not include the paying of salaries for teachers or other employees of private schools, except for services performed outside their regular hours of duty and under public supervision and control, nor shall they include the using of equipment other than mobile or portable equipment, on private school premises or the constructing of private school facilities.

(f) In the event that the special educational needs of the educationally deprived Indian children attending private schools on a reservation cannot be met by the appropriate local educational agency because of the remote location of those schools, the Department of the Interior shall design its program to meet the special educational needs of such educationally deprived Indian children

through appropriate arrangements that provide genuine opportunities for participation by such educationally deprived Indian children which are consistent with the number of such children and the nature and extent of their educational deprivation.

(g) The foregoing provisions of this section, other than those relating to the construction of private school facilities, do not apply to the use of funds granted to a State agency because of its direct responsibility for providing free public education for handicapped children or for children in institutions for neglected or delinquent children.

§ 116.20 Title to property and control over funds.

(a) Control over the use of funds provided under Title I of the Act, and title to and administrative control over property acquired with such funds, shall be in a public agency, which will exercise such control. Such funds and property shall be used for the purposes provided in Title I of the Act, but such a use shall not inure to the benefit of any private school. The incidental use of such property for other purposes is permitted only for related educational purposes on public premises and only so long as such a use does not interfere with the carrying out of a Title I project.

(b) Equipment acquired with funds provided under Title I of the Act may, in certain cases, be placed on private school premises for a limited period of time, but the title to and administrative control over such equipment must be retained and exercised by a public agency. In exercising that administrative control, the public agency shall not only keep records of, and account for, the equipment but shall also assure itself that the equipment is being used solely for the purposes of the project, and remove the equipment from the private school premises when necessary to avoid its being used for other purposes or when it is no longer needed for the purposes of the project.

(c) The application by a local educational agency must contain a satisfactory assurance that the funds provided under Title I of the Act, and property derived therefrom, will at all times be under the control of, and be administered by, a public agency in accordance with the provisions of the Act and the regulations in this part.

§ 116.21 Requirements with respect to

construction.

(a) In a case of a project involving the construction of school facilities, the application for a grant shall provide assurances that all laborers and mechanics employed by contractors or subcontractors on such construction will be paid wages at rates not less than those determined by the Secretary of Labor to be prevailing on similar construction in the locality in accordance with the DavisBacon Act, as amended (40 U.S.C. 276a276a-5); that such contractors and subcontractors will comply with the regulations in 29 CFR Part 3 (see 29 F.R. 97), and include all clauses required by 29 CFR 5.5 (a) and (c) (see 29 F.R. 100, 101, 13463, and 29 CFR Part 3, Subpart B— Interpretation of the fringe benefits provisions of the Davis-Bacon Act-published at 29 F.R. 13465); and that the nondiscrimination clause prescribed by Executive Order No. 11246 of September 24, 1965 (30 F.R. 12319), will be incorporated in any contract for construction work, or modification thereof, as defined in said Executive Order.

(b) In developing plans for the construction of school facilities, the applicant agency shall give due consideration to excellence of architecture and design and to the inclusion of works of art, for which funds under Title I of the Act will be available in an amount not in excess of 1 percent of the cost of such construction including the providing of works of art. In any event, the construction must be functional, must be undertaken in an economical manner, and must not be elaborate in design or extravagant in the use of materials.

(c) The State educational agency shall not approve a project involving the construction of school facilities unless it determines that the construction is consistent with overall State plans for construction. It shall not approve such a project involving construction, other than minor remodeling, altering or improving of school facilities, unless the approval is conditioned upon approval of the construction plans and specifications by the State educational agency, and further conditioned upon the award of a construction contract on or before a date specified in the project application as providing a reasonable period of time taking into consideration the nature of the program or project to be served by the construction of the school facilities and the magnitude of the construction to

be undertaken, which date shall in no event be later than June 30 of the following fiscal year. Such plans and specifications shall be approved only after due consideration has been given, to the extent appropriate in view of the uses to be made of the facilities, of the accessibility of the facilities to, and the usability of them by, handicapped persons, and of their compliance with the minimum standards contained in "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped" approved by the American Standard Association, Inc., with appropriate usable segments of "Building Standards of the University of Illinois Rehabilitation Center" and "Occupancy Guide-Department of Veterans Benefits, Regional Offices, Veterans Administration," and with such other standards in that regard as the Secretary of Health, Education, and Welfare may prescribe or approve.

(d) In the planning of the construction of school facilities involving the use of funds under Title I of the Act, each State and local educational agency shall, in accordance with the provisions of Executive Order No. 11296 of August 10, 1966 (31 F.R. 10663), and such rules and regulations as may be issued by the Department of Health, Education, and Welfare to carry out those provisions, evaluate flood hazards in connection with such school facilities, and as far as practicable, avoid the uneconomic, hazardous, or unnecessary use of flood plains in connection with such construction.

(e) All contracts for construction (as defined in § 116.1(f)) shall be awarded to the lowest qualified bidder on the basis of open competitive bidding except that, if one or more items of construction are covered by an established alternative procedure, consistent with State and local laws and regulations, which is approved by the State agency as designed to assure construction in an economical manner consistent with sound business practice, such alternative procedure may be followed.

§ 116.22 Provision for measurement of educational achievement and evaluation of programs.

(a) Each application by a State or local educational agency or by the Department of the Interior shall describe the procedures and techniques to be uti

lized in making at least annually an evaluation of the effectiveness of its program under Title I of the Act in meeting the special educational needs of educationally deprived children, including appropriate objective measurements of educational achievement.

(b) The measurement of educational achievement under such a program shall include the measuring or estimating of educational deprivation of those children who will participate in the program and the comparing, at least annually, of the educational achievement of participating children with some objective standard or norm. The type of measurement used by a local educational agency should give particular regard to the requirement that the State educational agency report to the Commissioner on the effectiveness of the programs in that State in improving the educational achievement of educationally deprived children.

Each application by a local educational agency (including a State agency directly responsible for providing free public education for handicapped children or for children in institutions for neglected or delinquent children) shall provide assurance that it will render to the State educational agency an annual report and such other reports, in such form, and containing such information, as may be reasonably necessary to enable the State educational agency to perform its duties under Title I of the Act, including the measurements of educational achievement and program effectiveness required by § 116.22. The local educational agency shall keep such program and fiscal records, and afford such access thereto, as the State educational agency may find necessary to assure the correctness and verification of such reports and the expenditure of funds granted under Title I of the Act. § 116.24 Relation to other programs.

(a) Each application for a grant under Title I of the Act shall demonstrate that, in the development of the program or project, the applicant has taken into consideration those benefits that are or may