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§ 117.22 Adjustments.

books, and other printed and published The State agency in its maintenance of

instructional materials. program expenditures, accounts, records, 88 117.25-117.29 [Reserved] and reports shall make promptly any necessary adjustments in its records to

Subpart E-State Administration reflect refunds, credits, underpayments, § 117.30 State agency for administraor overpayments, as well as any adjust

tion, ments resulting from Federal or State administrative reviews and audits. Such

(a) Designation. The State plan shall

give the official name of the agency adjustments shall be set forth in the

which will be, either directly or through State agency's financial reports filed with

arrangements with State or local public the Commissioner.

agencies, the sole agency for administer$ 117.23 Proration of costs.

ing the plan. Funds under Title II of the Act are

(b) Authority and organization. The available only with respect to that por

State plan shall set forth the authority tion of any expenditure which is at

of the State agency under State law to tributable to an activity under the State

submit the plan and to administer and plan. The State plan shall specify the

supervise the programs set forth therein, basis for identifying and the method to

including a description of both the legal be used in prorating expenditures at

and functional relationships between the tributable solely to State plan activities.

State agency and other State and local The State agency shall include in the

public agencies for the purpose of carrydescription of its projected program

ing out the State plan. Citations to, or submitted to the Commissioner for each

copies of, all directly pertinent statutes fiscal year its prorated expenditures for

and interpretations of law made by apsalaries attributable to State plan activi

propriate State officials, whether done by ties. The State agency must also main

regulations, policy statement, opinion of tain records (documented on a before

an authorized State legal officer, or a and after- the fact basis) to substantiate

court decision, shall be furnished as part the proration of expenditures for appli

of the plan or in the appendix. All cable items such as salaries, travel, rent,

copies must be certified as correct by an and equipment.

appropriate oficial.

(c) Staf for administration. The $ 117.24 Maintenance of level of sup State plan shall describe, by chart or port.

otherwise, the organization of the State The State plan shall set forth the agency staff for administration of the policies and procedures designed to as State plan. The lines of authority within sure that funds made available under

the administrative unit or units responTitle II of the Act for any fiscal year

sible for the programs under the plan will be so used as to supplement and, shall be shown, together with pertinent to the extent practical, increase the level

administrative arrangements or relationof State, local, and private school funds

ships of such unit or units to the rest that would in the absence of such funds of the State agency, and to other State be made available for school library re and local public agencies utilized to carry sources, textbooks, and other printed out the State plan. and published instructional materials, § 117.31 Custody and expenditure of and in no case supplant such State, local, funds. and private school funds. Such policies

The State plan shall designate the and procedures shall take into considera

officer or officers who will receive, provide tion the total amount of State, local, and

for the custody of all funds to be exprivate school funds budgeted for ex

pended, and authorized expenditures. penditure in the current fiscal year for the acquisition of school library re $ 117.32 Duties and qualifications of sources, textbooks, and other printed professional personnel. and published instructional materials; (a) Staf. The State plan shall deas compared with the total amount of

scribe the duties of State administrative State, local, and private school funds

and supervisory positions, existing and actually expended in each of the two

proposed, under the State plan. The most recent fiscal years for which the State plan shall also set forth the qualiinformation is available for the acquisi fications of all professional administration of school library resources, text tive and supervisory positions under the

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State plan. If State statutes or regula scope, status, and administration. Such tions establish such positions and give evaluation will be done in relation to the such information, the plan shall so state. criteria used for equitable distribution

(b) Advisory Committees. If State and the identifying and serving of needs advisory committees are used with and will include the review, redefinition, respect to one or more aspects of the and refinement of meaningful standards State plan, the plan shall describe the as to adequacy, quality, and quantity membership, method of establishment, of school library resources, textbooks, and duties, including the procedures for and other printed and published instructhe payment of the committees' expenses, tional materials which are selected and

distributed, and the effectiveness in mak$ 117.33 Officials not to benefit.

ing such resources, textbooks, and other

materials available for the use of chilNo member of the staff of a State or dren and teachers in elementary and local educational agency may participate secondary schools. The State agency in the administration of a program under shall include a report of such administraTitle II of the Act, and no person may tive review and evaluation in the annual serve on an advisory Committee estab

report of the State agency. lished to assist either with planning for such program or with its administration, & 117.36 Reports and records. if such person will receive any benefit or The State plan and the plans of the remuneration in the form of a commis

Department of the Interior and the Desion, percentage, contingent fee, broker partment of Defense shall provide that age fee, or otherwise, as a result of any the Department or the State agency will contract for the acquisition of school

participate in such periodic consultations library resources, textbooks, or other

and will make such reports to the Comprinted and published instructional ma missioner at such time, in such form, terials under such a program or as a and containing such information as the result of the granting or withholding of Commissioner may consider necessary to approval of the acquisition or use of any enable him to perform his duties under school library resources, textbooks, or

the Act and will keep such records and other printed and published instructional

afford such access thereto, and will commaterial under Title II of the Act. The

ply with such other requirements, as the State agency administering the State Commissioner may find necessary to plan shall take such action as is necessary assure the correctness and verification to assure itself that preferential treat of such reports. ment on the basis of authorship or other personal interests will be avoided in re

§ 117.37 Retention of records. lation to the sale or distribution of school (a) General rule. The State agency library resources, textbooks, and other shall provide for keeping accessible and printed and published instructional ma intact all records supporting claims for terials under Title II of the Act.

funds under Title II of the Act or relating $ 117.34 Continuing review by Commis

to the accountability of the grantee or sioner of State administration.

funded agency for expenditure of such

funds. In order to assist the State agency

(1) For 3 years after the close of the in adhering to statutory requirements and to the provisions of its approved

fiscal year in which the expenditure was

made; State plan, the Commissioner will con

(2) Until the State agency is notified duct periodic review of the administra

that such records are not needed for protion of programs under Title II of the

gram administration review; or Act.

(3) Until the State agency is notified § 117.35 Administration and evaluation. by the Department of Health, Education,

and Welfare of a completion of the fiscal Provision shall be made in the State

audit, whichever is latest. plan and the plans of the Department

(b) Questioned expenditure. The recof the Interior and the Department of ords involved in any claim or expenditure Defense for both administrative review which has been questioned shall be mainand evaluation by the Department or tained until necessary adjustments have the State agency of the program and been reviewed and cleared by the operations under the plan at least annu Department of Health, Education, and ally for the purpose of appraising their Welfare.


(c) Inventories of equipment for ad proportion to the original allotments to ministration of the State plan. Where such States under Title II of the Act for equipment which costs $100 or more per that year but with such proportionate unit is purchased by the State with Fed amount for any of such other States eral funds for use in administration of being reduced to the extent it exceeds the State plan, inventories and other the sum the Commissioner estimates records supporting accountability shall such State needs and will be able to use be maintained for the useful life of such for such year; and the total of such reequipment or until the State agency is ductions shall be similarly reallotted notified of the completion of the review among the States whose proportionate and audit of the Department of Health, amounts were not so reduced. Education, and Welfare covering the dis

(b) Statements of anticipated need. position of such equipment, whichever

In order to provide a basis for reallotis sooner. Records supporting accountability of school library resources, text

ment by the Commissioner under Title books, and other printed and published

II of the Act, each State agency admininstructional materials shall be main

istering a program under Title II of the tained in accordance with § 117.5.

Act, shall if requested, submit to the

Commissioner, by such date or dates as 88 117.38–117.42 [Reserved]

he may specify, a statement or stateSubpart F-Payment Procedures ments showing the anticipated need § 117.43 Financial reports.

during the current fiscal year for the

amount previously allotted, any Reports. Each State agency shall

amount needed to be added thereto. submit, in accordance with procedures

Such further information as the Comestablished by the Commissioner: (a) Following the end of the fiscal

missioner may request for the purpose year, a report of the total expenditures

of making reallotments shall be reflected made under the plan during the fiscal

in such statements. year; and

(c) Lack of carryover. No allotment (b) Such other reports as are period (or reallotment) of the funds may be ically needed to account properly for carried over for use during the subsefunds.

quent fiscal year. 8 117.44 Payment of funds under Title II of the Act.

PART 118_SUPPLEMENTARY EDUFunds under Title II of the Act to pay

CATIONAL CENTERS AND SERVICES for amounts expended by a State in car

Subpart A-Definitions rying out its State plan will be limited Sec. to the amount necessary to meet cur

118.1 Definitions. rent needs.

Subpart Project Proposals § 117.45 Withholding of funds.

118. 2 General provisions.

118. 3 Designation and certification of Neither the approval of the State plan

agency for administration. nor any payment to the State pursuant 118.4 Purposes. thereto shall be deemed to waive the 118.5 Evidence of involvement of cultural right or duty of the Commissioner to

and educational resources.

118.6 withhold funds by reason of the failure

Administration and reporting.

118.7 Present programs. of the State to observe, before or after 118.8 Proposed services. such administrative action, any Federal 118.9 Qualifications of professional perrequirements.


118. 10 Adequacy of facilities. $ 117.46 Reallotment.

118.11 Participation of children enrolled in (a) In general. The amount of any

nonprofit private schools.

118. 12 Submission of project proposal. State allotment under Title II of the

118. 13 Amendments. Act for any fiscal year which the Com 118. 14–118. 18 (Reserved] missioner determines will not be re

Subpart C-Approval of Project Proposals quired for such fiscal year shall be avail

118.19 Criteria for evaluation of project able for reallotment, from time to time,

proposals. on such dates during such year as the

118. 20 Disposition. Commissioner may fix, to other States in 118. 21-118. 23 (Reserved]


Subpart D--Federal Financial Participation and structures not owned by the agency Payment Procedures

making application for assistance under Sec.

Title III of the Act; (3) the remodeling 118. 24 Effective date of approved project.

or alteration (including the acquisition, 118. 25 Payment procedures.

installation, modernization, or replace118. 26 Effect of Federal payments.

ment of fixed or built-in equipment) of 118. 27 Extent of participation under Title III of the Act.

existing structures; or (4) a combina118. 28 Availability of funds for approved tion of any two or more of the foregoing. projects.

(e) “Cultural and educational re118. 29 Fiscal and auditing procedures. sources" includes State educational 118. 30 Adjustments.

agencies, institutions of higher educa118.31 Disposal of records.

tion, nonprofit private schools, public 118. 32 Cooperative agreements.

and nonprofit private agencies such as 118. 33 Eligible expenditures. 118. 34 Funds not expended.

libraries, museums, musical and artistic 118. 35 Reapportionment.

organizations, philanthropic organiza118. 36–118. 39 (Reserved]

tions, and educational radio and tele

vision. Subpart E-Equipment and Construction

(f) “Department" means the U.S. De118.40 Acquisition and maintenance of

partment of Health, Education, and equipment.

Welfare. 118. 41 Grants for construction.

(g) "Elementary school" means a day 118. 42 Accounting procedures for construction projects.

or residential school which provides ele118.43 Recovery of payments.

mentary education, as determined under 118. 44 Leasing facilities.

State law. 118. 45 Shared use of supplementary edu (h) “Equipment” includes machinery, cational centers.

utilities, and built-in equipment and any 118. 46 Patents and copyrights.

necessary enclosures or structures to 118. 47–118.48 [Reserved]

house them, and includes all other items Subpart - Review Provisions

necessary for the functioning of a par

ticular facility as a facility for the pro118. 49 State educational agency review and recommendations.

vision of educational services, including 118. 50 Continuing administrative review items such as instructional equipment and program evaluation.

and necessary furniture, printed, pub

lished, and audiovisual instructional AUTHORITY: The provisions of this part 118 issued under sec. 703, 79 Stat. 57, as re

materials, and books, periodicals, docunumbered by sec. 161, 80 Stat. 1204, 20 U.S.C. ments, and other related materials. 883. Interpret or apply secs. 301-308, 79 Stat. Equipment does not include supplies, 39-44, and secs. 701, 703-705, 79 Stat. 55, 57 which is defined in paragraph (g) of 58, as renumbered by sec. 161, 80 Stat. 1204, this section. 20 U.S.C. 841-848, 881, 883–885.

(i) "Exemplary educational programs" SOURCE: The provisions of this Part 118 means educational programs or activities appear at 32 F.R. 2758, Feb. 9, 1967, unless designed to serve as models for regular otherwise noted.

school programs.

(j) "Local educational agency" means Subpart A-Definitions

a public board of education or other $ 118.1 Definitions.

public authority legally constituted with.

in a State for either administrative conAs used in this part:

trol or direction of, or to perform a (a) “Act” means the Elementary and service function, as defined in paragraph Secondary Education Act of 1965, Public (n) of this section, for, public elemenLaw 89–10, as amended.

tary or secondary schools in a city, (b) "Base period” means the 3-year county, township, school district, or period immediately preceding the period other political subdivision of a State, or

such combination of school districts or covered by a project proposal. (c) "Commissioner" means the U.S.

counties as is recognized in a state as

an administrative agency for its public Commissioner of Education. (d) “Construction" means (1) the

elementary or secondary schools. That

term also includes any other public inerection of new or expansion of existing

stitution or agency of any State or structures, and the acquisition and in

political subdivision thereof having adstallation of fixed or built-in equipment ministrative control and direction of a therefor; (2) the acquisition of existing public elementary or secondary school.

(k) “Nonprofit," as applied to a school, general requirements of excellence of aragency, organization, or institution, chitecture and design. means a school, agency, organization, or

Subpart B-Project Proposals institution owned and operated by one or more nonprofit corporations or associa § 118.2 General provisions. tions no part of the net earnings of

A grant under Title III of the Act will which inures, or may lawfully inure, to

be made to a local educational agency or the benefit of any private shareholder of

agencies, or payment will be made to the individual.

Department of the Interior or the De(1) "Project proposal” means an ap

partment of Defense, only upon submisplication for a grant or payment for the

sion of an application (in the form of a planning, establishing, operating or

project proposal) for such a grant or maintaining of, a supplementary educa

payment on such forms as the Comtional center or service submitted to the

missioner provides and upon approval of Commissioner for his approval under

the application by the Commissioner. Title III of the Act. (m) "Secondary school" means a day

§ 118.3 Designation and certification of or residential school which provides sec

agency for administration. ondary education, as determined under (a) Designation. Each project proState law, except that it does not include posal and amendment thereto shall give education beyond grade 12.

the official name of the applicant, which (n) “Service function" means an edu shall be the agency responsible for cational service which is performed by a carrying out the project. legal entity, such as an intermediate (b) Certification. Each such proagency, whose jurisdiction does not ex posal or amendment shall include as an tend to the whole of the State and which attachment a certificate by the officer is authorized to provide consultative, ad- authorized to make and submit the provisory, or educational program services posal, or amendment, on behalf of the to public elementary or secondary applicant to the effect that the proposal schools, or which has regulatory func or amendment has been adopted by the tions over agencies having administra applicant. tive control or direction of public ele

$ 118.4 Purposes. mentary or secondary schools, rather

(a) In order to stimulate and promote than a service which is performed by a cultural or educational resource.

the acceptance of innovative and exem(0) "State" includes, in addition to the

plary educational programs into educaseveral States of the Union, the District

tional practices, grants, and payments of Columbia, the Commonwealth of

will be made under Title III of the Act Puerto Rico, Guam, American Samoa,

for supplementary educational centers

and services through which such prothe Virgin Islands, and the Trust Terri

grams may be carried out. Grants and tory of the Pacific Islands.

payments may also be made for planning (p) "State educational agency" means

and taking other steps leading to the dethe State board of education or other

velopment of such programs. Priority agency or officer primarily responsible

will be given to assisting those programs for the State supervision of public ele

which are exemplary and demonstrate mentary and secondary schools, or, if

educational innovation and which may there is no such officer or agency, an offi

serve as models for adoption as regular cer or agency designated by the Gov

school programs. The provision of such ernor or by State law.

programs may include, if necessary for (q) "Supplies" means those nonequip

the success of the project, the acquisiment items which are consumed in use

tion of equipment and supplies, and, in or which may not reasonably be expected

the case of local educational agencies if to last longer than 1 year.

essential to the success of the project, the (r) “Works of art" means those items,

leasing or construction of facilities. which may be in the nature of fixtures,

(b) Grants and payments may be that are incorporated in school facilities

made for innovative and exemplary proprimarily because of their esthetic value.

grams in the following categories: The cost of a work of art which is in the

(1) Comprehensive guidance and nature of a fixture shall be the estimated counseling, remedial instruction, and additional cost of incorporating those school health, physical education, recrespecial esthetic features which exceed the ation, psychological, and social work

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