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ing to personal services, utility services, provisions of $ 116.55 but not less than travel, or the rental of equipment or fa- the fair market value of such property, cilities) entered into prior to, or with re- and the net proceeds from the rental of spect to personal services, utility services, such property, shall be credited to the travel, or the rental of equipment or fa- Federal Government. cilities rendered or performed prior to, the effective date of the approval by the

$ 116.48 State fiscal control and audit. Commissioner of the State application

(a) The State educational agency for participation or (except for commit- shall, for that agency and local educaments or services related to planning tional agencies, provide for such fiscal projects) prior to the date on which the control and fund accounting procedures applicant was notified that the applica- as may be necessary for the proper distion of the State or local educational bursement of funds paid to the State agency for a grant with respect to that and to local educational agencies under project was submitted for approval to Title I of the Act. the State educational agency or the Com- (b) All expenditures by local educamissioner in substantially approvable tional agencies or by State educational form. Federal funds from two separate agencies of Federal funds granted under fiscal year appropriations are not avail- Title I of the Act shall be audited either able for payment with respect to a single by State auditors or by other appropriate such commitment.

auditors. The State educational agen(f) Obligations entered into by State cies shall, with due regard for Federal and local educational agencies and pay

auditing requirements, provide for apable out of funds under Title I of the propriate audit standards for that purAct shall be liquidated during the fiscal pose. The results of such audits shall be year following the fiscal year in which used to substantiate State agency recsuch funds are made available for use ords and shall be made available to by such agencies unless prior to the end Federal auditors. Federal auditors shall of that following fiscal year the State be given access to such records or other educational agency reports to the Com- documents as may be necessary to submissioner the reasons why such obliga

stantiate the results of such audits. tions cannot be timely liquidated and,

88 116.49-116.50 [Reserved] on the basis thereof, the Commissioner extends the time for so liquidating obli

Subpart F-General Provisions gations.

§ 116.51 Approval of State application. $ 116.47 Expenditures by State and lo

The Commissioner will approve each cal educational agencies.

application by a State, through its State (a) Amounts granted or distributed to educational agency, to participate in the State or local educational agencies for grant program under Title I of the Act approved projects may be expended by if he determines that the application such agencies for such projects in the meets the requirements of section 206(a) amounts for which they were approved in Title I of the Act and the regulations by the Commissioner or the State educa- in Subpart D of this part. He will not tional agency.

Amounts for approved finally disapprove any State application, projects may, within the limit of the or any application by a State educational amounts made available to the State or agency for migratory children of migralocal educational agency for programs tory agricultural workers, except after or projects, be varied upward or down- reasonable notice and opportunity for a ward by 10 percent of such respective hearing to the State educational agency amounts upon the determination by the with repect to the disapproval of that State or local educational agency that application. such projects and the program of that agency will continue to meet the require

§ 116.52 Withholding by the Commis

sioner. ments of Title I of the Act and the regulations in this part. A variation in ex

(a) Whenever the Commissioner, after cess of 10 percent may be made only with reasonable notice and opportunity for a the approval of the Commissioner or the hearing to any State educational State educational agency which approved agency, finds that there has been a failthe original project.

ure to comply substantially with any as(b) All proceeds from the sale of prop- surance set forth in the application of erty being inventoried pursuant to the that State, or in the application of that

State educational agency, approved by the Commissioner, for a grant to establish or improve programs of education for migratory children of migratory agricultural workers, he will notify the agency that further payments will not be made to the State under Title I of the Act (or, in his discretion, that the State educational agency will not make further payments under Title I of the Act to specified local educational agencies affected by the failure) until he is satisfied that there is no longer any such failure to comply. Until the Commissioner is so satisfied, further payments under Title I of the Act will not be made to that State or payments by the State educational agency will be limited to payments to local educational agencies not affected by the failure, as the case may be.

(b) Prior to initiating a hearing under this section, the Commissioner will attempt to resolve any apparent differences between him and the State educational agency regarding the interpretation or application of the provisions of Title I of the Act and the regulations in this part, including any apparent differences with respect to the disposition of matters reported by the State educational agency pursuant to § 116.31(g). Nothing herein shall be deemed to prevent any State educational agency from seeking the advice of the Commissioner prior to disposing of such matters. & 116.53 Allowable expenditures.

(a) Federal funds made available to State and local educational agencies may be used by those agencies for such expenditures as are reasonably necessary for carrying out approved projects.

(b) Federal funds granted to State educational agencies for administration and fo technical assistance to local educational agencies with respect to the measurements of educational achievement and evaluation of the effectiveness of projects in meeting the special educational needs of educationally deprived children may be used by those agencies for such expenditures as are reasonably necessary for carrying out those activities.

(c) Federal funds made available under Title I of the Act to local educational agencies and State educational agencies may be used only for those expenses which are incurred as a result of the grant program under that title. They include expenses such as those for:

(1) Salaries, wages, and other personal service costs of permanent and temporary staff employees and consultants for the performance of services reasonably necessary for the grant program under Title I of the Act, including the costs of regular contributions of employers to retirement, workmen's compensation, and welfare funds, and payments for leave earned with respect to such services;

(2) Communications;
(3) Utilities;

(4) The purchase of consumable supplies, including stationery;

(5) Printing and acquisition of printed and published materials;

(6) Travel and transportation expenses;

(7) Acquisition (by purchase or lease) and maintenance and repair of necessary equipment;

(8) Minor alterations in previously completed building space for use in the program under Title I of the Act;

(9) The rental of office space in privately and publicly owned buildings for use in the administration of the program under Title I of the Act, subject to the following provisions:

(i) The expenditures for the space are necessary for and properly related to the efficient administration of the program;

(ii) The State will receive the benefits of the expenditures during the period of occupancy commensurate with such expenditures;

(iii) The amounts paid are not in excess of comparable rental in the particular locality;

(iv) In the case of a publicly owned building, like charges are made to other State or local agencies occupying similar space for similar purposes;

(10) The acquisition of leasehold and other interests in land necessary for educational agencies to carry out approved projects successfully; and

(11) In exceptional cases, the construction of buildings, and the structural alteration of existing buildings.

(d) The expenditure of funds under Title I of the Act shall not be included in the determination of average per pupil expenditure pursuant to $ 116.1(d) or in the determination of fiscal effort pursuant to § 116.45.

(e) None of the funds under Title I of the Act may be used for religious workshop or instruction.

to

$ 116.54 Retention of records.

(a) Each State educational agency and local educational agency receiving a grant under Title I of the Act shall keep intact and accessible all records supporting claims for such Federal grants or relating to the accountability of the grantee for the expenditure of such grants (1) for 3 years after the close of the fiscal year in which the expenditure was made, (2) until the State educational agency is notified that such records are not needed for administrative review, or (3) until the State educational agency is notified of the completion of the fiscal audit by the Department of Health, Education, and Welfare, whichever is the latest. All other records developed under a program or project under Title I of the Act shall be kept intact and accessible for a period of 3 years after the completion of the program or project.

(b) The records involved in any claim or expenditure which has been questioned shall be further maintained until necessary adjustments have been made and such adjustments have been reviewed and approved by the Department of Health, Education, and Welfare. § 116.55 Inventories of equipment.

(a) Each State and local educational agency shall maintain an inventory of all equipment it has acquired with funds under Title I of the Act and placed in the temporary custody of persons in a private school. Such inventories shall be maintained until the equipment is discharged from such custody and, if costing $100 or more per unit, for the expected useful life of the equipment or until its disposition.

(b) Each State educational agency and each local educational agency shall maintain inventories of all other equipment it has acquired with funds under Title I of the Act and costing $100 or more per unit for the expected useful life of the equipment or until its disposition.

(c) The records of inventories required by this sec on shall be subject to the retention requirements of § 116.54. § 116.56 Financial interest of officials.

No board or staff member of a State or local educational agency may participate in an administrative decision with respect to a grant program under Title I of the Act if such a decision appears

likely to result in any benefit or remuneration, such as a royalty, commission, contingent fee, or brokerage fee, or other benefit to him or any member of his immediate family. $ 116.57 Copyrights and patents.

(a) Any material of a copyrightable nature produced through a project with financial assistance under Title I of the Act shall not be copyrighted but shall be placed in the public domain.

(d) Any materials of a patentable nature produced through a project with financial assistance under Title I of the Act shall be subject to the provisions of Parts 6 and 8 of this title.

PART 117-FINANCIAL ASSISTANCE

FOR SCHOOL LIBRARY RESOURCES
(WHICH FOR THE PURPOSES OF
THIS PART MEANS BOOKS, PERI-
ODICALS, DOCUMENTS, AUDIOVIS-
UAL MATERIALS, AND OTHER RE-
LATED LIBRARY MATERIALS),
TEXTBOOKS, AND OTHER INSTRUC-
TIONAL MATERIALS

Subpart A-Definitions
Sec.
117.1 Definitions.
Subpart B-State or Department Plan-General

Provisions 117.2 State or Department plan. 117.3 Allocation of school library resources, textbooks, and

other printed and published instruc

tional materials. 117.4 Selection of school library resources,

textbooks, and other instructional

materials. 117.5 Methods and terms of availability. 117.6 Coordination with public library

programs. 117. 7-117.10 [Reserved]

Subpart C—Availability of Title Il Funds 117. 11 Allotment of funds. 117. 12 Acquisition. 117. 13 Administration of the State plan. 117. 14 Administration of the Departments

of the Interior and Defense plans. 117. 15-117. 18 (Reserved]

Subpart — Fiscal Procedures 117. 19 State fiscal procedures. 117. 20 Federal fiscal audits. 117. 21 Transfer of funds to other State or

local agencies. 117. 22 Adjustments. 117. 23 Proration of costs. 117.24 Maintenance of level of support. 117.25-117.29 (Reserved]

Subpart E-State Administration Sec. 117.30 State agency for administration. 117.31 Custody and expenditure of funds. 117.32 Duties and qualifications of profes

sional personnel. 117.33 Officials not to benefit. 117.34 Continuing review by Commissioner

of State administration. 117.35 Administration and evaluation. 117.36 Reports and records. 117.37 Retention of records. 117.38–117.42 (Reserved]

Subpart Payment Procedures 117.43 Financial reports. 117.44 Payment of funds under Title II of

the Act. 117.45 Withholding of funds. 117.46 Reallotment.

AUTHORITY: The provisions of this part 117 issued under sec, 703, 79 Stat. 57, as renumbered by secs. 201-207, 79 Stat. 36–37, and sec. 161, 80 Stat. 1204, 20 U.S.C. 883. Interpret or apply secs. 701, 703-705, 79 Stat. 55, 57-58, as renumbered by sec. 161, 80 Stat. 1204, 20 U.S.C. 821-827, 881, 883–885.

SOURCE: The provisions of this Part 117 appear at 32 F.R. 2753, Feb. 9, 1967, unless otherwise noted.

Subpart A-Definitions § 117.1 Definitions.

As used in this part

(a) "Act” means the Elementary and Secondary Education Act of 1965 (Public Law 89-10), as amended.

(b) “Children" means those persons who are in attendance in elementary or secondary schools of a State which provide education or which comply with State compulsory school attendance laws or are otherwise recognized by some procedure customarily used in the State. The age limits are the permissible ages for attendance at the public elementary and secondary schools of the State, but children does not include persons enrolled in adult education courses, or in courses beyond grade 12.

(c) “Commissioner" means the U.S. Commissioner of Education.

(d) “Elementary school" means a day or residential school which provides elementary education, as determined under State law or as determined by the Department of the Interior or the Department of Defense.

(e) "Fiscal year" means the period beginning on July 1 and ending on the following June 30. (A fiscal year is designated by the calendar year of the ending date.)

(f) “Local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as is recognized in a state as an administrative agency for its public elementary or secondary schools. It also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school program.

(g) "Public agency” means a legally constituted organization of government under public administrative control and direction.

(h) "Private elementary and secondary schools” means nonprofit or profit schools which provide elementary and secondary education as determined under State law, not beyond grade 12, and which are controlled by other than a public authority but which either comply with the State compulsory attendance laws or are other recognized by some procedure customarily used in the State.

(i) "School library resources, textbooks, and other printed and published instructional materials" means: School library resources are books, periodicals, documents, pamphlets, photographs, reproductions, pictorial graphic works, musical scores, maps, charts, globes, sound recordings, including but not limited to those on discs and tapes; processed slides, transparencies, films, filmstrips, kinescopes, and video tapes, or any other printed and published materials of a similar nature made by any method now developed or hereafter to be developed, and which are processed and organized for use by elementary or secondary school children and teachers; (ii) “Textbooks" means books, reusable workbooks, or manuals, whether bound or in looseleaf form, intended for use as a principal source of study material for à given class or group of students, à copy of which is expected to be available for the individual use of each pupil in such class or group; (iii) "Other printed and published instructional materials" are books, periodicals, documents, pamphlets, photographs, reproductions, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, including but not limited to those on discs and

or

tapes; processed slides, transparencies, Subpart B-State or Department films, filmstrips, kinescopes, and video

Plan- General Provisions tapes, or any other printed and published materials of a similar nature made by $ 117.2 State or Department plan. any method now developed or hereafter

(a) Purpose. A basic condition for the to be developed, and which are not proc- grant of Federal funds to a State or the essed and organized for use by elemen

payment of funds under Title II of the tary or secondary school children and

Act to the Department of the Interior teachers. These terms include those

or the Department of Defense is (1) a printed and published instructional ma

plan which meets the requirements of terials which are suitable for and are to Title II of the Act in providing a probe used by children and teachers in ele

gram under which funds so granted or mentary and secondary schools and paid will be expended solely for the acwhich with reasonable care and use may quisition of school library resources, be expected to last more than 1 year. textbooks, and other printed and pubThe terms do not include furniture or lished instructional materials and the equipment.

administration of the plan, and (2) an (j) "Secondary school" means a day annual description of the projected proor residential school which provides sec- gram activities to be carried out under ondary education, as determined under

the plan during the forthcoming fiscal State law, or as determined by the De

year. partment of the Interior or the Depart- (b) Effects of a State plan, The State ment of Defense, except that secondary plan, when approved by the Commiseducation does not include any education sioner, shall constitute the basis on which provided beyond grade 12.

Federal grants will be made, and the (k) “Standards" means those measures basis for determining the propriety of (established by the State agency, the the expenditures of those funds. Department of the Interior, or the De- (c) Effect of a Department plan. A partment of Defense for administration plan, submitted by the Department of of a plan under Title II of the Act or the Interior or by the Department of established by other authoritative groups Defense when approved by the Commisor individuals and accepted for such ad- sioner, shall constitute the basis on ministration) which are used for making which payments will be made to those determinations of the adequacy, quality,

Departments under Title II of the Act and quantity of school library resources, and the basis for determining the protextbooks, and other printed and pub- priety of the expenditures of those funds lished instructional materials to be made by those Departments. available for the use of children and (d) Amendments. The administrateachers in elementary and secondary tion of the program shall be kept in conschools.

formity with the approved plan. When(1) "State" means, in addition to the ever there is any material change in the several States in the Union, the District content or administration of the proof Columbia, the Commonwealth of gram, or when there has been any matePuerto Rico, Guam, American Samoa, rial change in pertinent State law or the Virgin Islands, and the Trust Terri- in the organization, policies, or operatory of the Pacific Islands.

tions of the State agency affecting the (m) “State educational agency" means program under the plan, the plan shall the State board of education or other be appropriately amended. agency or officer primarily responsible (e) Submission. A plan and all for the State supervision of public ele- amendments thereto shall be submitted mentary and secondary schools, or, if to the Commissioner by a duly authorthere is no such officer or agency, an

ized officer of the State agency, the officer or agency designated by the Gov

Department of the Interior, or the Deernor or by State law.

partment of Defense. The plan shall in(n) "Teacher" means a person who is

dicate the official or officials authorized engaged in carrying out the instructional

to submit plan materials. The State program of an elementary or secondary

agency shall, either directly or through school, including a principal, guidance

arrangements with other State or local

public agencies, act as the sole agency counselor, school librarian, or other for the administration of the State plan. member of the instructional or super- (f) Certificate by the State agency. visory staff.

The State plan and all amendments

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