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the appropriate State officials, whether by regulations, policy statements, opinions of the attorney general or court decisions, shall be furnished as part of the application. All copies must be certified as correct by an appropriate official. § 119.5 Custody of funds.

Each application shall designate the officer who will receive and provide for the custody of funds to be expended under applicable State laws and regulations on requisition or order of the State agency.

§ 119.6 Maintenance or increase of State effort.

(a) Each application of a State shall contain or be accompanied by an assurance that Federal funds made available under that application will supplement and, to the extent practical, increase the amounts of State funds that would in the absence of such Federal funds be made available for programs (including specific projects, activities, and services pertaining thereto) which meet the conditions of section 503 (a) of the Act and §§ 119.2 and 119.3.

(b) In determining whether the assurance referred to in paragraph (a) of this section is adequate, the Commissioner will take into consideration, among other relevant factors, the following: (1) The amount of State funds (including in the case of programs supported by Federal funds, the State share of all expenditures pursuant to such programs) to be expended by the State educational agency for programs (including specific projects, activities, and services pertaining thereto) which meet the conditions of section 503 (a) of the Act and §§ 119.2 and 119.3 as compared with (2) the amount of State funds expended by the State educational agency in the preceding fiscal year or years for such programs, with allowances for unusual capital expenditures such as the acquisition of data processing or other major items of equipment and adjustments to reflect changes in the scope of the responsibilities of the State educational agency.

§ 119.7 State fiscal management.

Each application shall set forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State pursuant to the application, including any

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Each application shall provide that the State educational agency will periodically consult with the Commissioner, make such reports to the Commissioner at such time, in such form, and containing such information as he may consider reasonably necessary to perform his duties under the Act, and comply with such provisions as the Commissioner may find necessary to assure the correctness and verification of such reports. Such reports shall include, but not be limited to, the following:

(a) A report from each State for the fiscal year immediately preceding such State's participation in Title V of the Act which provides information on all programs of the State educational agency for such fiscal year; and

(b) A report from each State for each fiscal year beginning with the first fiscal year of such State's participation in Title V of the Act which provides information on all programs (including but not limited to Title V programs) conducted by the State educational agency during that fiscal year.

§ 119.9

Effective date of application.

Since the Federal Government participates only in amounts expended under an approved application, there can be no Federal participation in any expenditures made unless such expenditures are made after the effective date of such an approved application. For the purposes of this section, the earliest date on which an application may be considered to be in effect is the date on which it is received in substantially approvable form by the Commissioner.

§ 119.10 Period during which Federal funds are available.

Since each application submitted dur ing a fiscal year is approved only for a period covering such fiscal year for which

Federal funds are apportioned to the State, funds so apportioned, or reapportioned or transferred, to the State pursuant to section 502(b) of the Act and §§ 119.15 and 119.16 shall be available only for expenditures for which an application was approved and during the fiscal year in which such apportionments, reapportionments, and transfers are made. §119.11 Proration of costs.

Federal financial participation is available only with respect to that portion of any expenditure which is attributable to a program under an approved application. Each application shall specify a justifiable basis for identifying expenditures and the method to be used in prorating expenditures among eligible and noneligible purposes or among eligible purposes covered by different programs. Each application shall provide that the State educational agency will maintain records to substantiate the proIration of expenditures for applicable items such as salaries, travel, rent, supplies, and equipment.

§ 119.12

Expenditures by States.

(a) Expenditures made by a State pursuant to each application shall be made in conformity with State laws, regulations, procedures, and standards governing the use of State funds.

(b) If State accounts are kept on an accrual or obligation basis, expenditures will be considered to be the total charges incurred, including encumbrances and obligations which the State educational agency is required under State law to pay out of its own funds available for the same period in which such encumbrances and obligations were incurred. If State accounts are kept on a cash basis, expenditures will be considered to be actual disbursements.

= $118.13 Federal payments.

Subject to the authority of the Commissioner to make reapportionments or to transfer apportionments pursuant to section 502(b) of the Act and §§ 119.15 and 119.16, and subject also to any withholding of payments by the Commissioner pursuant to section 508 of the Act and § 119.14(a), the Federal Government will pay from each State apportionment the Federal share of the total sums expended by each such State educational agency in accordance with Title V of the Act, the regulations in this part, and its approved application or applica

tions. Such payments will be made in advance installments on the basis of estimated expenditures or reimbursement of actual costs incurred, with appropriate adjustments for underpayments or overpayments for actual expenditures in any prior period. Such payments will be made available to the States after:

(a) The State has on file in the Office of Education an approved application covering the program or programs for which payment is to be made;

(b) The pertinent estimates and reports required by § 119.8 have been reviewed; and

(c) The Commissioner is satisfied that the State needs the funds and will be able to carry out the program or programs contained in the application.

§ 119.14

Effect of payments and settlement of accounts.

(a) No waiver. Neither the approval of an application nor any payment to the State pursuant thereto shall be deemed to waive the right or duty of the Commissioner to withhold funds by reason of the failure of the State to observe any Federal requirements before or after such an administrative action.

(b) Settlement of accounts. The final amount to which the State is entitled for any period is determined on the basis of expenditures under each application with respect to which Federal financial participation is authorized.

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(a) The amount apportioned to any State for any fiscal year under section 502(a) of the Act which the Commissioner determines will not be required for such year shall be available for reapportionment, on such dates during such year as the Commissioner may fix, to other States in proportion to the amounts originally apportioned to such other States for such year, except that the amount to each such State shall be reduced to the extent it exceeds the sum the Commissioner determines the State needs or will be able to use for such year.

(b) The amounts to be so reapportioned will be determined by the Commissioner on the basis of (1) reports filed by the States of the amounts required to carry out the State application or applications approved by the Commissioner, and (2) such other information as he may have available. Each State

agency shall, if requested, submit to the Commissioner, on such date or dates as he may specify, a report or reports showing the anticipated need during the current fiscal year for the amount previously apportioned or any amount needed in addition thereto, and such other information as the Commissioner may request.

§ 119.16 Transfers of apportioned funds.

(a) Upon the request of a State, any portion of the amount of Federal funds apportioned to it for basic grants may, pursuant to paragraph (b) of this section, be added to or combined with the amount apportioned to another State for the purpose of carrying out one or more programs (including specific projects, activities, and services pertaining thereto) which would benefit each participating State. In computing the Federal share of the total amount expended for such programs, the percentage of the Federal share applicable to the amount originally apportioned to each participating State will continue to be applicable to that portion of such total amount which is contributed by each such State.

(b) Any State desiring that a portion of its apportionment of Federal funds for basic grants be added to or combined with that of another State shall submit to the Commissioner a request for such a transfer, either as a part of each application covering a program or programs affected by such a transfer or as an amendment or amendments thereto. Such a request shall be submitted by a State either simultaneously with such an application or applications or at any time subsequent to such an application or applications. Such a request shall contain (1) a description of the programs to be carried out by the receiving State with funds contributed to it by other participating States; (2) a statement of the total amount to be expended for such programs and the sources and amounts of Federal and non-Federal funds contributed by each participating State, including the receiving State; (3) information showing how such programs will assist all participating States in strengthening the leadership resources of their respective State educational agencies and in identifying and meeting their educational needs; and (4) a certificate of the receiving State educational agency accepting the transfer of funds for the

purposes identified by the State or States requesting such transfer. Each such request, when approved by the Commissioner, shall become a part of each application of the receiving State which covers a program or programs affected by such a transfer.

Subpart C-Special Project Grants § 119.20 Purpose.

Special project grants authorized in section 505 of the Act will be made by the Commissioner to State educational agencies to pay part of the cost of experimental projects for developing State leadership or for the establishment of special services which, in the judgment of the Commissioner, hold promise making a substantial contribution to t solution of problems common to the State educational agencies of all or sev eral States.

§ 119.21 Submission of applications.

Applications for special project grants may be made only by State educational agencies. Applications shall be made to such form and detail as may be required by the Commissioner. An application shall contain (a) a statement of the purpose of the project; (b) a description of the nature and scope of the activities to be undertaken and the methods and arrangements for working toward proj ect objectives; (c) a proposed budget (d) an agreement that the grantee will comply with the requirements of the Act and the regulations in this part, and with such other conditions and procedures as the Commissioner may prescribe in awarding the grant; and (e) any other documents and information which the Commissioner may require.

§ 119.22 Review of applications.

(a) In reviewing each application submitted for his approval, the Commissioner will assure himself that:

(1) Each special project proposed in an application includes experimental activities for development of State educa tional leadership or for establishment of special services which hold promise of making a substantial contribution to the solution of: (i) Problems common to the State educational agencies of all of the States; or (ii) problems common to the State educational agencies of several of the States.

(2) Each application otherwise complies with and conforms to applicable provisions of the Act and regulations in

is part, and such conditions and proedures as the Commissioner may require O carry out his functions under section 05 of the Act.

(b) In addition, the Commissioner in eviewing special project grant applicaons may take into consideration such ctors as the following:

(1) The significance and the pervaveness among all or several of the States the problems toward which the exerimental project proposed in the aplication is directed.

(2) The nature of the leadership or pecial service activities to be underaken.

(3) The adequacy of the design and rocedures to be employed for the roject.

(4) The competencies of the project irector and his staff.

(5) The resources to be provided by The State educational agency as its part of the cost of the project.

(6) The degree and type of participapon in the project by States other than ne State submitting the application. 119.23 Disposition of applications.

On the basis of his evaluation, the ommissioner will (a) approve the aplication in whole or in part, (b) disaprove the application, or (c) defer action n the application for such reasons as ack of funds or a need for further valuation. Any deferral or disapproval f an application will not preclude_its Reconsideration or resubmission. The Commissioner will notify the applicant a writing of the disposition of the aplication. If the Commissioner makes grant, the grant award letter will inlude the approved budget and grant Conditions. The applicant shall indiate acceptance of the proposed grant y having an authorized official sign a opy of the grant award letter and by eturning such copy to:

Division of State Agency Cooperation

Office of Education

J.S. Department of Health, Education, and Welfare

Washington, D.C. 20202

$119.24 Duration of the project.

The project shall remain in effect for the period specified in the notice of approval or until otherwise terminated in accordance with § 119.29. All payments made with respect to the project shall remain available for such a period. Such a period may be extended by revision of the project pursuant to § 119.26.

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§ 119.25 Payment procedures.

Payments pursuant to special project grants may be made available in installments, and in advance on the basis of estimated costs, or reimbursement of actual costs incurred in carrying out the approved project, with appropriate adjustments for underpayments or overpayments in any prior period.

§ 119.26 Revisions.

Whenever the approved application for a special project is materially changed, a written request to revise the project must be made by the State educational agency receiving the project grant. Minor deviations of specific amounts of expenditures among objects from those estimated in the approved application will not require revision of such application. Revisions shall be submitted in writing and reviewed by the Commissioner as a new project application. Project revisions may be initiated by the Commissioner if, on the basis of reports, it appears that Federal funds are not being used effectively, or if changes are made in Federal appropriations, laws, regulations, or policies governing special projects.

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The application shall provide that the State agency receiving the special project grant will consult periodically with the Commissioner and will make such reports to him at such time, in such form, and containing such information as he may consider reasonably necessary to perform his duties under the Act. § 119.28 Publications.

Material produced as a result of any special project supported with grants under Title V of the Act may be published without prior review by the Commissioner: Provided, That such material includes an acknowledgment of Federal assistance through such grants and that copies of such material are furnished to the Commissioner.

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§ 119.29 Termination of grant.

The Commissioner may, at his discretion, terminate any special project grant if he finds that the State educational agency has failed to comply with the conditions of the grant or that the project reports are incorrect or incomplete in any material respect. In the event of such a termination by the Commissioner, the State educational agency

school facilities, unless it assures 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 Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5); that such contractors and subcontractors will comply with the regulations in 29 CFR Part 3, and include all clauses required by 29 CFR 5.5 (a) and (c) 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.

(e) Avoidance of flood hazards. Each State plan shall provide that, in the planning of the construction of school facilities involving the use of funds under Title VI of the Act, each State and local educational agency will, 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.

(f) Competitive bidding. Each State plan shall provide that all contracts for construction 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 alternate procedure, consistent with State and local laws and regulations, which is approved by the State educational agency as designed to assure construction in an economical manner consistent with sound business practice, such alternate procedure may be set forth in the State plan as the one to be followed.

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handicapped children are all children who are in schools operated by a State agency which is directly responsible for providing free public education for handicapped children and those who are in other schools and for whom the schools receive support for their education from such a State agency.

§ 121.26 Use of Federal funds and liq. uidation of obligations by State or local educational agencies.

(a) Federal funds under Title VI of the Act made available to State and local educational agencies for programs and projects during a fiscal year shall remain available for use by such State and local educational agencies in accordance with paragraph (c) from September 1 of that fiscal year until August 31 following that fiscal year. Grants for construction of school facilities shall remain available for use for that purpose for a reasonable period of time as determined pursuant to § 121.24 (c).

(b) Federal funds under Title VI of the Act made available to State and local educational agencies for administration of the State plan and for planning at the State and local levels will remain available for such use from September 1 of that fiscal year until August 31 following that fiscal year, except that fiscal year 1967 funds shall remain available for the term specified in the grant award documents.

(c) For the purposes of this section a use of funds under Title VI of the Act by a State or local educational agency will be determined 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. However, the use of funds for personal services, for services performed by public utilities, for travel, and for the rental of equipment and facilities shall be determined on the basis of the time such services were rendered, such travel was performed, and such rented equipment and facilities were used, respectively.

(d) Federal funds under Title VI of the Act, except funds made available expressly for the development of State plans, shall not be available for use with respect to binding commitments (other than those relating to personal services, utility services, travel, or the rental of equipment or facilities) entered into, or with respect to personal services, utility services, travel, or the rental of equip

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