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thereto shall include as an attachment $ 117.19(b)), prior to the date on which a certificate of the officer of the State the State plan was received in substanagency authorized to submit the State tially approvable form by the Commisplan to the effect that the State plan or sioner. amendment has been adopted by the State agency and that the State plan,

$ 117.3 Allocation of school library reor State plan as amended, will consti

sources, textbooks, and other printed

and published instructional matetute the basis for operation and admin

rials. istration of the program under Title II of the Act.

(a) General. The plan shall set forth (g) Certificate of the State Attorney

the criteria used in determining need General or other appropriate State legal

and the proportions of the allocation to officer. The State plan shall also in

be used for school library resources, textclude, as an attachment, a certificate by

books, and other printed and published the appropriate State legal officer to the

instructional material provided under effect that the State agency named in

Title II of the Act among the children the plan is the “State agency” required

and teachers in the elementary and secby section 203(a) (1) of the Act to have

ondary schools, which criteria shall inauthority, either directly or through ar

corporate the provisions of paragraphs rangements with other State or local (b) and (c) of this section. public agencies, to act as the sole agency

(b) Relative need. The criteria shall, to submit the State plan; that such

on the basis of a comparative analysis agency has authority under State law to and the application of standards, as decarry out or arrange for the carrying

fined in paragraph (k) of § 117.1, estabout of the programs described therein;

lish the relative need as determined from and that all the State plan provisions are

time to time of children, as well as teachconsistent with State law.

ers, for school library resources, text(h) Approval by the Commissioner. books, and other printed and published The Commissioner will approve each

instructional materials to be provided plan, or modifications thereof, and the under the plan. Such criteria shall inannual description of projected program

clude priorities for the provision of such activities which he determines meets the

materials on the basis of several factors applicable requirements of the Act and such as the requirements of elementary regulations in this part, and will notify and secondary instruction, quality and the applicant of the granting, condition quantity of such materials now available. ing, or withholding of approval in each requirements of children and teachers in such case. However, no final action with special or exemplary instructional prorespect thereto, other than one of ap grams, the cultural or linguistic needs proval, will be taken by the Commis

of children or teachers, the degree of ecosioner unless he first notifies the ap nomic need, and degree of previous and plicant of his proposed action and in current financial efforts for providing connection therewith affords the appli such materials in relation to financial cant a reasonable opportunity for a hear ability. The distribution of such reing on whether the affected plan or sources, textbooks, and materials for modification meets such requirements.

children and teachers solely on a per (i) Withholding. Whenever the

capita basis does not satisfy this proCommissioner, after reasonable notice vision. and opportunity for a hearing, finds: (1) (c) Equitable basis. The criteria esThat the plan fails to comply with the tablished under a State plan shall prorequirements of the Act and the regula vide for the allocation of school library tions in this part; or (2) that in the ad resources, textbooks, and other printed ministration of the plan, there is a fail and published instructional materials in ure to comply substantially with any such a way as to provide assurance that, such provisions, the Commissioner will to the extent consistent with State law, notify the applicant that said applicant such resources, textbooks, and materials will not be regarded as eligible to partic

are provided on an equitable basis ipate in the program under Title II of

for the use of children and teachers in the Act until he is satisfied that there is

private elementary and secondary schools no longer any such failure to comply.

in the State which comply with the com(j) Effective date of the plan. Funds

pulsory attendance laws of the State or under Title II of the Act may not be ap

are otherwise recognized by it through plied to any expenditure (as defined in

some procedure customarily used in the

State. However, said equitable provi the school library resources, textbooks, sion shall not be effectuated by means and other instructional materials acof transfer of funds to private schools or quired under Title II of the Act will be purchase by them of such library re made available for the use of children sources, textbooks, and materials.

and teachers in the elementary and sec& 117.4 Selection of school library re

ondary schools. Each plan shall consources, textbooks, and other instruc tain an assurance that funds provided tional materials.

under Title II of the Act will be applied (a) Criteria. Each plan shall set

for the benefit of children and teachers forth the specific educational and other

rather than inure to the enrichment or criteria to be used (1) in selecting the

benefit of any private school. With reschool library resources, textbooks, and

spect to children and teachers in private other instructional materials to be made

schools, each State plan shall provide available to children and teachers under

that (1) library resources, textbooks, Title II of the Act and (2) as the basis

and other printed and published instrucfor determining the proportions of the

tional materials are to be made available allotment for each fiscal year which will

to children and teachers and not to inbe spent for the acquisition of (i) school

stitutions; (2) such materials are to be library resources, (ii) textbooks and

made available on a loan basis only; (iii) other printed and published in

(3) a public agency will retain title to, structional materials. The ultimate re

and control and administration of the sponsibility for the selection under those

use of, such materials; (4) such matecriteria of all school library resources,

rials must be limited to those which have textbooks, and other instructional ma

been approved by an appropriate State terials for the use of children and

or local educational agency or authority teachers in public and private elemen

for use, or, are used in a public elementary and secondary schools in a State

tary or secondary school of that State; shall be that of a State or local public

and (5) books and materials must not agency. If proportions for the three supplant those being provided children categories of materials are changed

but must supplement library resources, significantly, the plan should be so

textbooks, and other instructional mateamended.

rials to assure that the legislation will (b) Public control. Each plan shall

furnish increased opportunities for provide that title to, and control and

learning. It shall also assure that the administration of the use of, school li

Federal funds made available under this brary resources, textbooks, and other

title will not be used to supplant or instructional materials acquired under

duplicate, inappropriately, functions of Title II of the Act shall vest only in a

the public library system of the State. public agency (as defined in g 117.1(g)),

(b) Control of materials. Each State or the United States, or Department or

plan shall contain an assurance that Agency thereof. Each State plan shall

school library resources, textbooks, and set forth the method by which such re

other printed and published instructional sources, textbooks, and other instruc materials acquired under Title II of the tional materials acquired under Title II

Act shall be available to children and of the Act will be limited to those ap

teachers in elementary and secondary proved by an appropriate State or local

schools on a loan basis only and that educational authority or agency for use,

there will be a proper accounting of such or to those which are used, in a public

school library resources, textbooks, and elementary or secondary school of the

other printed and published instructional State.

materials. Each plan shall provide for (c) Religious worship or instruction.

the control, recall, and replacement of Each plan shall provide that funds

school library resources, textbooks, and under Title II of the Act will not be used

other printed and published instructionfor religious worship or instruction, or

al materials. The public agency havfor school library resources, textbooks,

ing control shall impose responsibility or materials to be used in such worship

upon the children and teachers who boror instruction.

row school library resources, textbooks,

and other printed and published instruc$ 117.5 Methods and terms of availabil

tional materials (for loss, damage, failure ity.

to return when required, or other viola(a) General. Each plan shall set tions of the terms and conditions of the forth the methods and terms by which loan) which is comparable to that im

posed upon borrowers of similar items of such items, revised annually. The inpurchased with funds derived from other ventory records shall be maintained for sources.

the useful life of such items, and shall be (c) Accessibility of loaned materials. made available to the Commissioner upon Each State plan shall provide, unless pro request. hibited from doing so by State law, that (f) Methods of inventorying. The school library resources, textbooks, and methods for inventorying and maintainother printed and published instructional ing records of such materials employed materials acquired with funds under by the public agency retaining title will Title II of the Act will be made available be subject to the approval of the State for the use of children and teachers in agency administering the plan. Invenprivate elementary and secondarytory records of such materials shall be schools on an equitable basis. The State compiled and maintained by the public plan shall provide for the maintenance of agency retaining title and actual admincatalogs or lists of instructional materials istrative control through the use of pubacquired under the State plan or such licly employed personnel. The methods other system or systems as may be ap of inventorying shall include appropriate proved by the Commissioner which will provision for substantiating the invenassure the reasonable accessibility and tories by on-site inspection. The State availability of instructional materials to agency administering the plan shall children and teachers in both public and make an annual report to the Commisprivate schools. Such catalogs or lists sioner of the results of such inventorying may be limited in content, for example, and recordkeeping procedures as may be to instructional materials designed for employed, adopted, or prescribed, includchildren with special needs or to instruc ing the nature and type of any discreptional materials supporting particular encies and the manner of disposition of areas of curriculum and which are not same. The State plan shall set forth a otherwise generally available to the af policy for moving items from inventory, fected children and teachers. Such cata by procedures consistent with established logs or lists or other systems may be State or local public agency determinamaintained on the basis of such lim tions relative to loss, obsolescence, or rate ited and defined geographical areas as of deterioration of school library remay be appropriate to assure distribu- sources, textbooks, and other instruction of materials on a feasible basis. tional materials. Another method may be thc use of a

§ 117.6 Coordination with public library central depository system. The circu

programs. lation of such instructional materials shall be subject to such restrictions as

The State plan shall contain an assurmay be required to maintain an equitable

ance that, in order to secure the effective distribution thereof among the children

and efficient use of Federal funds, and and teachers. The loan terms should be

to avoid duplication of effort, there has based on educational principles of service

been and will be appropriate coordinato instructional programs so that the

tion at both State and local levels bechildren and teachers for whom the

tween the program carried out under school library resources, textbooks, and

Title II of the Act with respect to school other instructional materials are selected

library resources and any program carwill not be deprived of their use when

ried out under the Library Services and needed.

Construction Act (20 U.S.C. ch. 16). (d) Charge for use. No charge may be 88 117.7–117.10 [Reserved] levied against children and teachers for the use of any school library resources,

Subpart C—Availability of Title II textbooks, and other instructional mate

Funds rials acquired under Title II of the Act. § 117.11 Allotment of funds.

(e) Inventory. The public agency in which. title to school library resources,

(a) State allotment. The Federal textbooks, and other printed and pub

Government will pay from each State's lished instructional materials is vested,

allotment amounts equal to the sums exand the Department of the Interior and

pended by the State under an approved the Department of Defense, shall indi

State plan for (1) the acquisition of cate ownership by appropriate marking school library resources, textbooks, and of each item in a permanent manner other printed and published instructional and will maintain an inventory record inaterials for the use of children and

teachers in public and private elementary for the administration of the State plan. and secondary schools in the State; and Of the funds so made available for ad(2) administration of the State plan. In ministration of the State plan, approprino case will the amount paid for admin ate amounts shall be made available to istration of the State plan for any fiscal local educational agencies for responsiyear exceed an amount equal to 5 per bilities assigned by the State to such local cent of the total amount of the projects educational agencies for the making of approved by the State agency under Title loaned materials accessible in accordance II of the Act for that year or $50,000 with § 117.5(c). The administration of whichever is greater.

the State plan involves functions such (b) Reduction in State allotment. In as: any State which has an approved State (1) The development of short- and plan and in which no State agency is long-term policy for making school liauthorized by law to provide school li brary resources, textbooks, and other brary resources, textbooks, and other printed and published instructional maprinted and published instructional ma terials available for the use of children terials for the use of children and teach and teachers in the elementary and secers in any one or more elementary or ondary schools of a State; secondary schools in that State, the Com (2) The development, revision, dismissioner will arrange for the provision semination, and evaluation of standards on an equitable basis of such resources, relating to the selection, acquisition, and textbooks, and other materials for the use of school library resources, textbooks, use of such children and teachers. In and other printed and published instrucsuch an event, the Commissioner will pay tional materials; the cost thereof for any fiscal year out (3) State supervisory services and of the State's allotment.

evaluation of programs for the acquisi(c) Allotment to the Departments of tion and use of school library resources, the Interior and Defense. Such amount

textbooks, and other printed and pubshall be allotted to the Secretary of the lished instructional materials; Interior as is necessary for such assist

(4) Inventorying of acquisitions made ance for children and teachers in ele

under Title II of the Act and the mainmentary and secondary schools operated

taining of other requisite records; for Indian children by the Department

(5) The control of loaned materials in of the Interior, and to the Secretary of

accordance with section 117.5(c); and Defense the amount necessary for such

(6) The rendering of such reports as assistance for children and teachers in

the Commissioner may require. the overseas dependents schools of the

(b) Eligible expenditures for adminisDepartment of Defense.

tration of the State plan. Funds under $ 117.12 Acquisition.

Title II of the Act may be used for only Acquisition of school library resources,

those additional expenses incurred as a

direct result of administration of the textbooks, and other printed and published instructional materials in which

State plan and include such categories

as: there may be financial participation under Title II of the Act means the pur

(1) Salaries, wages, and other per

sonal service costs of permanent and chase, lease-purchase, or straight lease

temporary staff; of such resources, textbooks, and ma

(2) Communications; terials and includes the necessary and

(3) Utilities; essential cost of ordering, processing, and cataloging such resources, textbooks, and

(4) Consumable office supplies, in

cluding stationery; materials and delivery of them to the initial place at which they are made

(5) Printing and the acquisition of available for use. Funds under Title II

printed and published materials for use

of administrative and supervisory staff; of the Act are not available for the re

(6) Travel and transportation binding or repair of such resources, textbooks, and materials.

penses;

(7) Acquisition (including rental), $ 117.13 Administration of the State

maintenance, or repair of office equipplan.

ment, or that equipment needed for su(a) Functions. Funds allotted to pervisory and demonstration functions, States under Title II of the Act are avail for use of the administrative and superable, up to the limits specified in § 117.11, visory staff;

ex

(8) Minor alterations in previously completed building space used or to be used for administration of the program under Title II of the Act which would be needed to make effective use of equipment acquired for administration. Excluded are building construction, structural alterations to buildings, building maintenance, repair, or renovation.

(9) Fair rental of office space in privately or publicly owned buildings, subject to the following provisions:

(i) The expenditures for the space are necessary 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) Expenditures represent a current cost;

(v) In the case of a publicly owned building, like charges are made to other State agencies occupying similar space for similar purposes. § 117.14 Administration of the Depart

ments of the Interior and Defense

plans. An amount not to exceed 5 percent of the funds made available to the Departments of the Interior and Defense shall be available for the administration of the plans of the Departments, respectively, in manner consistent with § 117.13, except that funds will not be available for the rental of facilities. &$ 117.15–117.18 [Reserved]

Subpart D-Fiscal Procedures § 117.19

State fiscal procedures. (a) State administration. The State plan shall prescribe such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds under Title II of the Act. Accounts and supporting documents relating to the program under Title II of the Act shall be adequate to permit an accurate and expeditious audit of the program.

(b) Expenditures. For the purpose of the regulations in this part, the expenditure (as hereafter defined) of funds under Title II of the Act shall occur prior to the end of the fiscal year in which such funds are to be available. The expenditures shall be deemed to have occurred

upon the date of execution of documentary evidence of binding commitments for the acquisition of goods and services acquired by purchase order or contract, including a binding commitment by a State agency to pay a local educational agency a fixed charge for the ordering and processing of instructional materials. However, personal services, rental, and travel are expenditures on the basis of the time when the services are rendered or received, the rental facilities are used, and the travel performed, rather than on the basis of entering into a binding commitment. All such binding commitments shall be liquidated by the end of the fiscal year following the fiscal year in which the binding commitments were entered into or the end of such additional period of time as the Commissioner may grant on the basis of a request from the State.

(c) Audit of other participating agencies. All expenditures of funds under Title II of the Act shall be audited either by the State or by other appropriate auditors. The State plan shall indicate how the accounts of those other State and local public agencies participating under the State plan through arrangements with the sole State agency for administration will be audited; and, when such an audit is to be carried out, how the State agency will secure information necessary to assure proper use of any funds under Title II of the Act turned over to such other agency or agencies for expenditure. The State plan shall name the State agency in which the reports of such audits will be maintained. § 117.20 Federal fiscal audits.

The State agency's program expenditure records are to be audited by the Federal Government to determine whether the State agency has properly accounted for Federal funds. § 117.21 Transfer of funds to other

State or local agencies. The State plan shall set forth the policies and procedures to be used in the payment of funds to other State or local public agencies by the State agency administering the State plan, either as reimbursement for actual expenditures, or as an advance prior to expenditures, for the acquisition of school library resources, textbooks, and other printed and published instructional materials, and for administration of the State plan.

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