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the appropriate State officials, whether such funds paid by the State to agencies, by regulations, policy statements, opin institutions, and organizations for the ions of the attorney general or court de purpose of carrying out programs under cisions, shall be furnished as part of the Title V of the Act. Such fiscal manageapplication. All copies must be certi ment shall be in accordance with applified as correct by an appropriate official. cable State laws, policies, and procedures

which shall be identified in the applica$ 119.5 Custody of funds.

tion or set forth in an appendix thereto. Each application shall designate the Accounts and supporting documents reofficer who will receive and provide for lating to any program involving Federal the custody of funds to be expended un financial participation shall be adequate der applicable State laws and regulations to permit an accurate and expeditious on requisition or order of the State audit of the program. agency.

$ 119.8 Reports. $ 119,6 Maintenance or increase of State

Each application shall provide that effort.

the State educational agency will peri(a) Each application of a State shall

odically consult with the Commissioner, contain or be accompanied by an assur make such reports to the Commissioner ance that Federal funds made available

at such time, in such form, and containunder that application will supplement ing such information as he may consider and, to the extent practical, increase the

reasonably necessary to perform his amounts of State funds that would in duties under the Act, and comply with the absence of such Federal funds be

such provisions as the Commissioner made available for programs (including may find necessary to assure the correctspecific projects, activities, and services

ness and verification of such reports. pertaining thereto) which meet the

Such reports shall include, but not be conditions of section 503 (a) of the Act

limited to, the following: and $$ 119.2 and 119.3.

(a) A report from each State for the (b) In determining whether the as

fiscal year immediately preceding such surance referred to in paragraph (a) of

State's participation in Title V of the this section is adequate, the Commis Act which provides information on all sioner will take into consideration, among

programs of the State educational other relevant factors, the following: (1)

agency for such fiscal year; and The amount of State funds (including in (b) A report from each State for each the case of programs supported by Fed

fiscal year beginning with the first fiscal eral funds, the State share of all expendi year of such State's participation in Title tures pursuant to such programs) to be V of the Act which provides information expended by the State educational

on all programs (including but not limagency for programs (including specific ited to Title V programs) conducted by projects, activities, and services pertain the State educational agency during that ing thereto) which meet the conditions

fiscal year. of section 503(a) of the Act and $$ 119.2 and 119.3 as compared with (2) the

$119.9

Effective date of application. amount of State funds expended by the Since the Federal Government particiState educational agency in the preced pates only in amounts expended under ing fiscal year or years for such pro an approved application, there can be grams, with allowances for unusual no Federal participation in any expendicapital expenditures such as the acquisi tures made unless such expenditures are tion of data processing or other major made after the effective date of such items of equipment and adjustments to an approved application. For the purreflect changes in the scope of the re poses of this section, the earliest date sponsibilities of the State educational on which an application may be considagency.

ered to be in effect is the date on which § 119.7 State fiscal management.

it is received in substantially approvable

form by the Commissioner. Each application shall set forth such fiscal control and fund accounting pro

$ 119.10 Period during which Federal cedures as may be necessary to assure

funds are available. proper disbursement of and accounting Since each application submitted durfor Federal funds paid to the State pur ing a fiscal year is approved only for a suant to the application, including any period covering such fiscal year for which

Federal funds are apportioned to the tions. Such payments will be made in State, funds so apportioned, or reappor advance installments on the basis of estioned or transferred, to the State pur timated expenditures or reimbursement suant to section 502(b) of the Act and of actual costs incurred, with appropri$ $ 119.15 and 119.16 shall be available ate adjustments for underpayments or only for expenditures for which an appli overpayments for actual expenditures in cation was approved and during the fiscal any prior period. Such payments will be year in which such apportionments, re made available to the States after: apportionments, and transfers are made. (a) The State has on file in the Office $ 119.11 Proration of costs.

of Education an approved application

covering the program or programs for Federal financial participation is avail which payment is to be made; able only with respect to that portion (b) The pertinent estimates and reof any expenditure which is attributable ports required by $ 119.8 have been reto a program under an approved appli

viewed; and cation. Each application shall specify (c) The Commissioner is satisfied that a justifiable basis for identifying ex the State needs the funds and will be penditures and the method to be used able to carry out the program or proin prorating expenditures among eligible

grams contained in the application. and noneligible purposes or among eligible purposes covered by different pro

$ 119.14 Effect of payments and settle

ment of accounts. grams. Each application shall provide that the State educational agency will (a) No waiver. Neither the approval maintain records to substantiate the pro of an application nor any payment to ration of expenditures for applicable the State pursuant thereto shall be items such as salaries, travel, rent, sup deemed to waive the right or duty of the plies, and equipment.

Commissioner to withhold funds by

reason of the failure of the State to ob$ 119.12 Expenditures by States.

serve any Federal requirements before (a) Expenditures made by a State or after such an administrative action. pursuant to each application shall be

(b) Settlement of accounts. The final made in conformity with State laws, reg

amount to which the State is entitled for ulations, procedures, and standards gov any period is determined on the basis of erning the use of State funds.

expenditures under each application with (b) If State accounts are kept on an

respect to which Federal financial paraccrual or obligation basis, expenditures ticipation is authorized. will be considered to be the total charges § 119.15 Reapportionment. incurred, including encumbrances and obligations which the State educational

Pursuant to section 502(b) (1) of the

Act: agency is required under State law to

(a) The amount apportioned to any pay out of its own funds available for

State for any fiscal year under section the same period in which such encum

502(a) of the Act which the Commisbrances and obligations were incurred.

sioner determines will not be required If State accounts are kept on a cash basis, expenditures will be considered to

for such year shall be available for rebe actual disbursements.

apportionment, on such dates during

such year as the Commissioner may fix, $ 118.13 Federal payments.

to other States in proportion to the Subject to the authority of the Com amounts originally apportioned to such missioner to make reapportionments or

other States for such year, except that

the amount to each such State shall be to transfer apportionments pursuant to section 502(b) of the Act and $$ 119.15

reduced to the extent it exceeds the sum and 119.16, and subject also to any with

the Commissioner determines the State holding of payments by the Commis

needs or will be able to use for such year. sioner pursuant to section 508 of the Act

(b) The amounts to be so reapporand $ 119.14(a), the Federal Govern

tioned will be determined by the Comment will pay from each State appor

missioner on the basis of (1) reports tionment the Federal share of the total

filed by the States of the amounts resums expended by each such State edu quired to carry out the State application cational agency in accordance with Title or applications approved by the CommisV of the Act, the regulations in this part, sioner, and (2) such other information and its approved application or applica as he may have available. Each State

agency shall, if requested, submit to the purposes identified by the State or States Commissioner, on such date or dates as requesting such transfer. Each such he may specify, a report or reports show request, when approved by the Coming the anticipated need during the cur missioner, shall become a part of each rent fiscal year for the amount previ application of the receiving State which ously apportioned or any amount needed covers a program or programs affected in addition thereto, and such other in by such a transfer. formation as the Commissioner may

Subpart C-Special Project Grants request. $ 119.16 Transfers of apportioned funds.

$ 119.20 Purpose. (a) Upon the request of a State, any

Special project grants authorized in portion of the amount of Federal funds

section 505 of the Act will be made by

the Commissioner to State educational apportioned to it for basic grants may, pursuant to paragraph (b) of this sec

agencies to pay part of the cost of extion, be added to or combined with the

perimental projects for developing State amount apportioned to another State

leadership or for the establishment of for the purpose of carrying out one or

special services which, in the judgment more programs (including specific proj

of the Commissioner, hold promise o ects, activities, and services pertaining

making a substantial contribution to the thereto) which would benefit each par

solution of problems common to the ticipating State. In computing the

State educational agencies of all or set.

eral States. Federal share of the total amount expended for such programs, the percent $ 119.21 Submission of applications. age of the Federal share applicable to

Applications for special project grants the amount originally apportioned to

may be made only by State educationa each participating State will continue to

agencies. Applications shall be made to be applicable to that portion of such such form and detail as may be required total amount which is contributed by

by the Commissioner. An application each such State.

shall contain (a) a statement of the (b) Any State desiring that a portion

purpose of the project; (b) a description

. of its apportionment of Federal funds

of the nature and scope of the activities for basic grants be added to or combined

to be undertaken and the methods and with that of another State shall submit

arrangements for working toward pro). to the Commissioner a request for such

ect objectives; (c) a proposed budget

; a transfer, either as a part of each ap

(d) an agreement that the grantee will plication covering a program or pro

comply with the requirements of the grams affected by such a transfer or as

Act and the regulations in this part, and an amendment or amendments thereto.

with such other conditions and proceSuch a request shall be submitted by a

dures as the Commissioner may prescribe State either simultaneously with such

in awarding the grant; and (e) any an application or applications or at any

other documents and information which time subsequent to such an application

the Commissioner may require. or applications. Such a request shall contain (1) a description of the pro

$ 119.22 Review of applications. grams to be carried out by the receiving (a) In reviewing each application State with funds contributed to it by submitted for his approval, the Com. other participating States; (2) a state missioner will assure himself that: ment of the total amount to be ex (1) Each special project proposed in pended for such programs and the an application includes experimental sources and amounts of Federal and activities for development of State educa. non-Federal funds contributed by each tional leadership or for establishment of participating State, including the re special services which hold promise of ceiving State; (3) information showing making a substantial contribution to the how such programs will assist all par solution of: (i) Problems common to the ticipating States in strengthening the State educational agencies of all of the leadership resources of their respective States; or (ii) problems common to the State educational agencies and in identi State educational agencies of several of fying and meeting their educational the States. needs; and (4) a certificate of the re (2) Each application otherwise comceiving State educational agency ac plies with and conforms to applicable cepting the transfer of funds for the provisions of the Act and regulations in

; part, and such conditions and pro- 119.25 Payment procedures. ures as the Commissioner may require

Payments pursuant to special project arry out his functions under section

grants may be made available in install. of the Act.

ments, and in advance on the basis of b) In addition, the Commissioner in

estimated costs, or reimbursement of iewing special project grant applica

actual costs incurred in carrying out the is may take into consideration such

approved project, with appropriate adtors as the following:

justments for underpayments or over1) The significance and the perva

payments in any prior period. ness among all or several of the States the problems toward which the ex- $ 119.26 Revisions. imental project proposed in the ap- Whenever the approved application ation is directed.

for a special project is materially 2) The nature of the leadership or

changed, a written request to revise the cial service activities to be under

project must be made by the State eduen.

cational agency receiving the project 3) The adequacy of the design and

grant. Minor deviations of specific cedures to be employed for the

amounts of expenditures among objects ject.

from those estimated in the approved 4) The competencies of the project

application will not require revision of ector and his staff.

such application. Revisions shall be 15) The resources to be provided by

submitted in writing and reviewed by the State educational agency as its part

Commissioner as a new project applicathe cost of the project.

tion. Project revisions may be initiated (6) The degree and type of participa

by the Commissioner if, on the basis of in in the project by States other than

reports, it appears that Federal funds e State submitting the application.

are not being used effectively, or if 19.23 Disposition of applications. changes are made in Federal appropriaOn the basis of his evaluation, the

tions, laws, regulations, or policies govmmissioner will (a) approve the ap

erning special projects. cation in whole or in part, (b) disap- & 119.27 Reports. ove the application, or (c) defer action

The application shall provide that the the application for such reasons as

State agency receiving the special projk of funds or a need for further

ect grant will consult periodically with luation. Any deferral or disapproval

the Commissioner and will make such rean application will not preclude_ its

ports to him at such time, in such form, consideration or resubmission. The

and containing such information as he mmissioner will notify the applicant

may consider reasonably necessary to writing of the disposition of the ap

perform his duties under the Act. cation. If the Commissioner makes zrant, the grant award letter will in- § 119.28 Publications. Ide the approved budget and grant Material produced as a result of any nditions. The applicant shall indi

special project supported with grants te acceptance of the proposed grant under Title V of the Act may be pubhaving an authorized official sign a lished without prior review by the Compy of the grant award letter and by missioner: Provided, That such material turning such copy to:

includes an acknowledgment of Federal vision of State Agency Cooperation

assistance through such grants and that ice of Education

copies of such material are furnished to 3. Department of Health, Education, and the Commissioner. ishington, D.C. 20202

$ 119.29 Termination of grant. 119.24 Duration of the project.

The Commissioner may, at his discreThe project shall remain in effect for

tion, terminate any special project grant e period specified in the notice of ap

if he finds that the State educational oval or until otherwise terminated in

agency has failed to comply with the cordance with $ 119.29. All payments

conditions of the grant or that the ade with respect to the project shall

project reports are incorrect or incommain available for such a period. plete in any material respect. In the Ich a period may be extended by revi- event of such a termination by the Comin of the project pursuant to $ 119.26. missioner, the State educational agency

283

Welfare

86-096-68

-19

school facilities, unless it assures that all handicapped children are all children laborers and mechanics employed by who are in schools operated by a State contractors or subcontractors on such agency which is directly responsible for construction will be paid wages at rates providing free public education for handnot less than those determined by the icapped children and those who are in Secretary of Labor to be prevailing on other schools and for whom the schools similar construction in the locality in receive support for their education from accordance with the Davis-Bacon Act,

such a State agency. as amended (40 U.S.C. 276a-276a-5);

§ 121.26 Use of Federal funds and liq. that such contractors and subcontractors uidation of obligations by State or will comply with the regulations in 29 local educational agencies. CFR Part 3, and include all clauses re

(a) Federal funds under Title VI of quired by 29 CFR 5.5 (a) and (c) and

the Act made available to State and local that the nondiscrimination clause prescribed by Executive Order No. 11246 of

educational agencies for programs and

projects during a fiscal year shall remain September 24, 1965 (30 F.R. 12319), will

available for use by such State and local be incorporated in any contract for construction work, or modification thereof,

educational agencies in accordance with

paragraph (c) from September 1 of that as defined in said Executive order. (e) Avoidance of flood hazards. Each

fiscal year until August 31 following that State plan shall provide that, in the plan

fiscal year. Grants for construction of

school facilities shall remain available ning of the construction of school facilities involving the use of funds under Title

for use for that purpose for a reasonable

period of time as determined pursuant VI of the Act, each State and local edu

to $ 121.24 (c). cational agency will, in accordance with

(b) Federal funds under Title VI of the provisions of Executive Order No.

the Act made available to State and lo11296 of August 10, 1966 (31 F.R. 10663) and such rules and regulations as may be

cal educational agencies for administra

tion of the State plan and for planning issued by the Department of Health, Ed

at the State and local levels will remain ucation, and Welfare to carry out those

available for such use from September 1 provisions, evaluate flood hazards in con

of that fiscal year until August 31 folnection with such school facilities and,

lowing that fiscal year, except that fiscal as far as practicable, avoid the uneco

year 1967 funds shall remain available nomic, hazardous, or unnecessary use of

for the term specified in the grant award flood plains in connection with such con

documents. struction. (f) Competitive bidding. Each State

(c) For the purposes of this section

a use of funds under Title VI of the Act plan shall provide that all contracts for

by a State or local educational agency construction shall be awarded to the low

will be determined on the basis of docuest qualified bidder on the basis of open

mentary evidence of binding commitcompetitive bidding except that, if one

ments for the acquisition of goods or or more items of construction are cov

property, for the construction of school ered by an established alternate procedure, consistent with State and local laws

facilities, or for the performance of work.

However, the use of funds for personal and regulations, which is approved by the State educational agency as designed

services, for services performed by pub

lic utilities, for travel, and for the rental to assure construction in an economical

of equipment and facilities shall be determanner consistent with sound business

mined on the basis of the time such sery. practice, such alternate procedure may

ices were rendered, such travel was perbe set forth in the State plan as the one

formed, and such rented equipment and to be followed.

facilities were used, respectively. $ 121.25 State-supported or State-oper. (d) Federal funds under Title VI of

ated schools for handicapped the Act, except funds made available children.

expressly for the development of State The State plan shall contain an assur

plans, shall not be available for use with ance that funds paid to the State under respect to binding commitments (other Title VI of the Act shall not be made than those relating to personal services, available with respect to handicapped utility services, travel, or the rental of children who are eligible for assistance equipment or facilities) entered into, or under section 203(a) (5) of Title II of with respect to personal services, utility Public Law 874, 81st Congress. Such services, travel, or the rental of equip

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