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services designed to enable and encour- (8) Other specially designed educaage persons to enter, remain in, or re- tional programs which meet the purenter educational programs, including poses of Title III of the Act. the provision of special educational pro

§ 118.5 Evidence of involvement of culgrams and study areas during periods

tural and educational resources. when schools are not regularly in session;

(2) Comprehensive academic services, Each project proposal shall include and, where appropriate, vocational guid

evidence that representatives of approance and counseling, for continuing adult

priate cultural and educational resources education;

have participated in the planning, and (3) The development and conduct of

will participate in the operation and exemplary educational programs, includ

evaluation, of the project. No such proing dual-enrollment programs for the

posal will be approved unless the Com

missioner determines that the degree of purpose of stimulating the adoption of improved or new educational programs,

participation by such resources is suffiand programs for conducting, sponsor

cient to assure that the proposed project

will be effective in substantially increasing, or cooperating in educational research and demonstration programs and

ing the educational and cultural opporprojects such as (i) establishing and

tunities for persons in the area to be

served. maintaining curriculum research and innovation centers to assist in locating § 118.6 Administration and reporting. and evaluating curriculum research

(a) Administration. Each findings, (ii) discovering and testing

project

shall provide that the activities and serynew educational ideas (including new

ices for which assistance under Title III uses of printed and audio-visual media)

of the Act is sought will be administered and more effective educational practices,

by or under the supervision of the and putting into use those which show

applicant. promise of success, and (iii) studying

(b) Reports and records. Each projways to improve the legal and organizational structure for education, and the

ect proposal shall provide for the making

of an annual report and such other remanagement and administration of edu

ports, in such form, and containing such cation, in the schools of the State;

information, as the Commissioner may (4) Specialized instruction and equip

reasonably require to carry out his funcment for students interested in studying

tions under Title III of the Act and to advanced scientific subjects, foreign lan

determine the extent to which the use of guages, and other academic subjects

funds provided under that Title has been which are not taught in the local schools

effective in improving the educational or which can be provided more effectively

opportunities of persons in the area on a centralized basis, or specialized in

served. The applicant shall keep such struction and equipment for persons who

records, and afford such access thereto, are handicapped or of preschool age;

as the Commissioner may find necessary (5) The making available on a tempo

to assure the correctness of such reports. rary basis, of modern educational equipment and especially qualified personnel, § 118.7

Present programs. including artists and musicians, to public

(a) Programs during the base period. and other nonprofit schools, organiza

Each project proposal shall contain a tions, and institutions;

description of those programs of a nature (6) The developing, producing, and similar to the project being proposed transmitting of radio and television pro- which were carried on during the base grams for classroom and other educa

period in the geographical area to be tional use;

served. (7) The providing of special educa- (b) Maintenance of the level of funds tional and related services to persons made available. Each project proposal who are in or from rural areas or who shall set forth policies and procedures are or have been otherwise isolated from under the grant to insure that services normal educational opportunities, in- and activities of the type for which Fedcluding, where appropriate, the providing eral assistance is being sought will not be of mobile educational services and equip- curtailed, and that Federal funds made ment, special home study courses, radio, available for the project will be so used television, and related forms of instruc- as to supplement and, to the extent praction, and visiting teachers programs; ticable, increase the level of funds that would, in the absence of such Federal pervision and control, nor shall they funds, have been made available by the include the financing of regular school grantee from State and local public instruction for nonpublic schools, the sources for the purposes described in sec- leaving of equipment on private school tion 303 of the Act, and in no case sup- premises, or the construction of facilities plant such funds.

for such schools. None of the funds made $ 118.8 Proposed services.

available under Title III of the Act may

be used for religious worship or sectarEach project proposal shall describe ian instruction. the program to be provided with funds made available under Title III of the Act

$ 118.12 Submission of project proand how it will meet the educational and

posal. cultural needs of persons in the geo- Project proposals shall be submitted to graphical area to be served. It shall also the Commissioner on or before such dates describe the manner in which the proj- as he establishes. Each project proect would supplement or improve pro- posal, except in the cases of projects grams of the same type that were carried proposed by the Department of Defense on during the base period in the geo- or the Department of the Interior, must, graphical area to be served, or state that on or before its submission to the Com. it covers programs of a type that were not missioner, also be submitted to the State so carried on.

educational agency for its review and $118.9 Qualifications of professional

recommendation. personnel.

$ 118.13 Amendments. Each project proposal shall set forth Whenever there is any material change minimum acceptable qualifications, in- in the content or administration of an cluding educational background and ex- approved project, or in the organization, perience, of all supervisory, teaching, policies, or operations of the local eduand consulting personnel so as to assure cational agency affecting an approved the Commissioner that the best avail. project, the project proposals shall be able talents will be used for proposed as- appropriately amended. The amendment signments.

may be treated as a new project proposal, $ 118.10 Adequacy of facilities.

and, if so, will be considered in the next

round of applications. Each project proposal shall describe the facilities available for the project. 88 118.14-118.18 [Reserved] If a project proposal of a local educa

Subpart C-Approval of Project tional agency calls for the acquisition, leasing, remodeling, or constructing of

Proposals facilities, it must show how and why such $ 118.19 Criteria for evaluation of projaction is essential for the success of the ect proposals. project.

(a) General criteria. Each project $ 118.11 Participation of children en- proposal will be evaluated in terms of

rolled in nonprofit private schools. educational significance, project design, Each project proposal shall provide for

qualifications of personnel designated or a degree of participation by or benefit

intended to carry out the project, adeto children who are enrolled in nonprofit

quacy of designated facilities, economic private schools in the area to be served

efficiency, feasibility with regard to the which is consistent with the number of

needs and resources of the area to be such children. Wherever practicable,

served, and priorities and other criteria supplementary educational services, in

that may be adopted with the advice of cluding broadened instructional offerings

the Advisory Committee on Supplemenmade available to children enrolled in

tary Educational Centers and Services nonprofit private schools, shall be pro

and announced from time to time by the vided on publicly controlled premises.

Commissioner. In approving applicaProvisions for supplementary education

tions under Title III of the Act for grants al services for children enrolled in pri

for any fiscal year beginning after June vate nonprofit schools shall not include

30, 1967, the Commissioner will give spethe paying of salaries of teachers or

cial consideration to the application of other employees of such schools except

any local educational agency which is for services performed outside their reg- making a reasonable tax effort but which ular hours of duty and under public su- is nevertheless unable to meet critical

educational needs, including preschool education for 4- and 5-year-olds, because some or all of its schools are seriously overcrowded (as a result of growth or shifts in enrollment or otherwise), obsolete, or unsafe.

(b) Criteria to assure equitable distribution of assistance within each State. In order to assure equitable distribution of assistance under Title III of the Act within each State, the Commissioner will also evaluate all project proposals pursuant to the following criteria:

(1) The projects assisted will be accessible to large numbers of persons within the State;

(2) The projects só assisted will be accessible to persons within the various regions within the State to a degree commensurate with the population distribution in such regions;

(3) The projects assisted will be appropriate to the relative needs of various population groups within the State;

(4) The relative financial ability of communities or areas to provide the proposed services and activities has been considered in the development of the projects; and

(5) The resources of particular local educational agencies, in terms of personnel, facilities, administrative policies, and other factors, will, with effective coordination with relevant educational and cultural resources, be adequate to provide the proposed services and activities.

(c) Criteria to assure equitable distribution of assistance to children in overseas dependents schools of the Department of Defense and Indian children in elementary and seco Lary schools operated by the Department of the Interior, With respect to schools operated by the Department of Defense and the Department of the Interior, the Commissioner will evaluate such proposals pursuant to the following criteria:

(1) The projects assisted will be accessible to large numbers of eligible persons;

(2) The projects shall be so distributed geographically as to allow, to the extent practicable, participation by the various eligible groups within the geographical jurisdiction of the applicant;

(3) The projects assisted will be appropriate to the relative needs of various groups within the jurisdiction of the applicant; and

(4) The resources available to the particular Department, in terms of person

nel, facilities, administrative policies and other factors, will, with effective coordination with relevant educational and cultural resources, be adequate to provide the proposed services and activi. ties. $ 118.20 Disposition. .

The Commissioner will, on the basis of an evaluation of a project proposal pursuant to § 118.19, (a) approve the project proposal in whole or in part, (b) disapprove the project proposal, or (c) defer action on the project proposal for such reasons as lack of funds or a reed for further evaluation. Any deferral or disapproval of the project proposal will not preclude its reconsideration or resubmission at a later date. The Commissioner will notify the applicant and, where appropriate, the respective State educational agency in writing of the disposition of the project proposal. For projects for local educational agencies approved by the Commissioner, the grant award document will include the approved budget and the terms and conditions upon which the grant is to be made. 88 118.21-118.23 [Reserved] Subpart D-Federal Financial Partic.

ipation and Payment Procedures § 118.24 Effective date of approved

project. The effective date of any approved project shall be the date indicated in the grant award document or in the case of the Department of the Interior or the Department of Defense the date of issuance of the notification of approval. There will be no financial participation under Title III of the Act with respect to expenditures made prior to the effective date of such grant award document. § 118.25 Payment procedures.

From the amounts apportioned to the States and the amounts made available to the Department of the Interior and the Department of Defense, the Commissioner will pay to each grantee in a State, or to the Department of the Interior or to the Department of Defense, either in advance or by way of reimbursement, amounts equal to the total allowable expenditures by the recipient under an approved project. Payments will be made in a manner consistent with the nature of the activities and the services under the project.

§ 118.26 Effect of Federal payments.

Neither the approval of the project proposal nor any payment to the grantee shall be deemed to waive the right or duty of the Commissioner to withhold or recover funds by reason of the failure of the grantee to observe any of the requirements of the Act. $ 118.27 Extent of participation under

Title III of the Act. (a) Prior activities and services basis. Participation under Title III of the Act in supplementary educational centers and services will be provided only to the extent that the services and activities provided for in the project proposal are of a type not carried on during the base period in the area served, or that they supplement the quantity or improve the quality of services and activities of the same type carried on during the base period in the geographical area served.

(b) Monetary basis. Where a local educational agency has, during the base period, been carrying on activities and services of the type proposed with funds derived from State and local public sources, the degree of Federal financial participation will be determined by the Commissioner taking into account the proposed continued expenditures for services and activities of the type proposed as compared with expenditures for similar activities and services during the base period. $ 118.28 Availability of funds for ap

proved projects. The issuance of a grant award document will be regarded as an obligation of the Government of the United States in the amount of the grant award. Federal appropriations so obligated will remain available for expenditure by such local educational agencies during the period for which the grant was awarded. For purposes of the regulations in this part, funds shall be considered to have been expended by a local educational agency on the basis of documentary evidence of binding commitments for the acquisition of goods or property, for the construction of school facilities, or for the performance of work, except that funds for personal services, for services performed by public utilities, for travel, and for the rental of facilities shall be considered to have been expended respectively as of the time such services were rendered, such travel was performed, and such

rented facilities were used. Such binding commitments for the acquisition of goods or property, for the construction of school facilities or for the performance of work, shall be liquidated within a reasonable period of time. § 118.29 Fiscal and auditing procedures.

(a) Custody of funds. Each project proposal shall designate the officer who will receive and have custody of project funds.

(b) Fiscal procedures. Each grantee receiving Federal funds for an approved project shall provide for such fiscal control and fund accounting procedures as are necessary to assure proper disbursement of, and accounting for, the Federal funds paid to it. Accounts and supporting documents relating to project expenditures shall be adequate to permit an accurate and expeditious audit.

(c) Auditing procedures. Each grantee shall make appropriate provision for the auditing of project expenditure records, and such records as well as the audit reports shall be available to auditors of the Federal Government. $ 118.30 Adjustments.

Each grantee shall, in maintaining program expenditure accounts, records, and reports, make any necessary adjustments to reflect refunds, credits, underpayments, or overpayments, as well as any adjustments resulting from Federal or local administrative reviews and audits. Such adjustments shall be set forth in the financial reports filed with the Commissioner. § 118.31 Disposal of records.

(a) General rule. Subject to the provisions of paragraph (e) of $ 118.40, each grantee shall provide for keeping accessible and intact all records pertaining to such Federal grants or relating to the expenditure of such grants (1) for 3 years after the close of the fiscal year in which the expenditure was liquidated, (2) until the grantee is notified that such records are not needed for program administrative review, or (3) until the grantee is notified of the completion of the Federal fiscal audit, whichever is the latest.

(b) Questioned expenditures. The records pertaining to any claim or expenditure which has been questioned at the time of audit shall be maintained until necessary adjustments have been

reviewed and cleared by the Department of Health, Education, and Welfare. $ 118.32 Cooperative agreements.

An applicant may enter into a cooperative agreement or contract to provide services under a proje if the services to be so provided, as well as the cooperating institution, organization, or agency, are specified in the project proposal and if the agreement or contract is acceptable to the Commissioner. Such a cooperative agreement or contract will be acceptable only if the Commissioner is assured that the applicant will retain the responsibility for supervision of the project. $ 118.33 Eligible expenditures.

Expenditures which are eligible for participation under Title III of the Act are those expenditures which (a) conform to the terms of the approved project, (b) are incurred for activities which supplement instruction that had been provided during the base period for public and nonprofit private school students and teachers, and (c) are clearly identifiable as additional expenditures incurred as a result of the Title III program. $ 118.34 Funds not expended.

In the event that funds previously made available under Title III of the Act have not been expended pursuant to the approved project and, in the judgment of the Commissioner, will not be expended for such purposes, the Commissioner may, upon notice to the recipient, reduce the amount of the grant or payment to an amount consistent with the recipient's needs. In the event that an excess over the sum needed for completion of the project shall have actually been paid to the recipient, the custodian of the project funds shall pay that excess over to the Commissioner. $ 118.35 Reapportionment.

In order to provide a basis for reapportionment by the Commissioner under section 302 (d) of the Act, each grantee thereunder shall submit to the Commissioner, by such date or dates as he may specify, a statement showing the anticipated need during the current fiscal year for the amount previously granted.

88 118.36–118.39 [Reserved] Subpart E-Equipment and

Construction § 118.40 Acquisition and maintenance

of equipment. (a) Title to equipment. Title to equipment acquired under Title III of the Act must be vested in, and retained by, a public agency, or in the case of the Department of the Interior or the Department of Defense, in the United States.

(b) Use and control. All equipment acquired under Title III of the Act must be used for the purposes specified in the approved project, and such equipment must be subject to the administrative control of the recipient public agency, or in the case of the Department of the Interior or the Department of Defense, the administrative control of the United States.

(c) Maintenance and repair of equipment. Costs of maintaining and repairing equipment purchased under grants pursuant to Title III of the Act shall be eligible for Federal financial participation during the life of the project. It shall be the responsibility of the grantee to make reasonable provision for the maintenance and repair of such equipment.

(d) Built-in equipment. The provisions of paragraphs (a), (b), and (c) of this section also apply to built-in equipment, which is defined to mean equipment that is permanently fastened to the building and functions as part of the building. The cost of such equipment is eligible for financial participation under Title III of the Act if a State or local educational agency or the U.S. Government owns or operates the facility to which such equipment is attached and retains such ownership, or there is reserved the right to remove such equipment.

(e) Inventories of equipment. Where equipment which costs $100 or more per item is purchased by the grantee under an approved project, inventories and other records supporting accountability shall be maintained until the grantee is notified of the completion of the Department's review and audit covering the disposition of such equipment. Such equipment may not be sold or exchanged for unlike equipment prior to the expiration of its useful life or the expiration of the

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