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ment or facilities rendered or performed, expenditures or as an advance prior to by a State educational agency prior to expenditures, for programs and projects the effective date of the State plan. for the education of handicapped chil
(e) Obligations entered into by State dren or for planning at the local level. and local educational agencies and pay
$ 121.30 Proration of costs. able out of funds under Title VI of the Act shall be liquidated during the fiscal
Funds under Title VI of the Act are year following the fiscal year in which available only with respect to that porsuch funds are appropriated unless prior
tion of any expenditure which is atto the end of that following fiscal year
tributable to an activity under the State the State educational agency reports to
plan. The State plan shall specify the the Commissioner the reasons why cer
basis for identifying and the method to tain obligations cannot be timely liqui be used in prorating expenditures in dedated and, on the basis thereof, the
termining those attributable solely to Commissioner extends the time for so
State plan activities. The State agency liquidating those obligations.
shall include in the description of its
projected program activities submitted § 121.27 State fiscal control and audit.
to the Commissioner for each fiscal year (a) Each State plan shall provide that its projected expenditures for salaries the State educational agency will, for attributable to State plan activities. The that agency and local educational agen State agency must also maintain records cies, provide for such fiscal control and (documented on an after-the-fact basis) fund accounting procedures as may be to substantiate the proration of expennecessary for the proper disbursement of ditures for applicable items such as salfunds paid to the State, and by the State aries, travel, rent, and equipment. to local educational agencies, under Title
§ 121.31 VI of the Act.
Maintenance of level of
support. (b) All expenditures by State and local educational agencies of Federal
The State plan shall set forth policies funds under Title VI of the Act shall be
and procedures which provide satisfacaudited either by State auditors or by
tory assurance that funds made available other appropriate auditors. The State
under Title VI of the Act for any fiscal educational agency shall, with due re
year will be so used as to supplement and, gard for Federal auditing requirements,
to the extent practical, increase the level provide for appropriate audit standards
of State, local, and private funds exfor that purpose. The results of such
pended for the education of handicapped audits will be used to substantiate State
children, and in no case supplant such agency records and shall be made avail State, local, and private funds. In deable to Federal auditors. Federal auditors
veloping such policies and procedures, shall be given access to such records or
the State educational agency shall take other documents as may be necessary to
into consideration the total or per capita substantiate the results of such audits.
amount of State, local, and private school
funds budgeted for expenditures in the $ 121.28 Custody and expenditures of current fiscal year for the education of funds.
handicapped children as compared with Each State plan shall designate the of the total or per capita average amount ficer or officers who will receive and have of State, local, and private school funds custody of funds granted to the State actually expended for the education of under Title VI of the Act, who will pay handicapped children in the two most reto State and local educational agencies cent fiscal years for which the informathe amounts due them, and who will pay
tion is available, with allowances made out the amounts expended by the State
for decreases in enrollment of handieducational agency for the performance
capped children, contributions of large of its duties.
sums of money from outside sources on
a short-term basis, and unusually large $ 121.29 Transfer of funds to local amounts of funds expended for such agencies.
long-term purposes as the acquisition of Each State plan shall set forth the pol. equipment and the construction of school icies and procedures to be used in the
facilities. payment of funds by the State educa § 121.32 Retention of records. tional agency to local educational agen (a) General rule. Each State and local cies, either as reimbursement for actual educational agency receiving funds un
$ 120.3 Assignments of personnel. & 120.6 Nature and type of assignment.
Assignments of personnel between the Each agreement between the Office Office and a State agency may include and a State agency for assignment of (a) assignments to the State agency of personnel shall indicate the type and deone or more officers or employees of the scribe the nature of the assignment of Office either on detail to a regular work each officer or employee covered under assignment of the Office or on leave with- the arrangement. Specifically, the out pay from positions in the Office, (b) agreement shall (a) indicate whether the assignments to the Office of one or more officer or employee of the Office will be on officers or employees of the State agency detail to a regular work assignment of either with or without appointment in the Office or on leave without pay from the Office, or (c) interchanges of per- his position in the Office, or whether the sonnel involving any combination of par- officer or employee of the State agency agraphs (a) and (b) of this section. will be given an appointment in the Of& 120.4 Initiation of proposals.
fice or assigned to the Office without ap
pointment; (b) describe the duties and A proposal for an assignment of per- responsibilities of the officer or employee sonnel between the Office and a State while on his assignment; and (c) include agency may be made by either the Com
the name and position title of the person missioner or the state agency.
responsible for the supervision of the of(a) Office proposals. When the Com- ficer or employee while on the assignmissioner desires to effect with a State ment. agency the assignment of personnel under section 507 of the Act, he will pro
$ 120.7 Personnel provisions. pose an arrangement for that purpose to (a) Office personnel on detail to State the appropriate State agency. Upon ac- agency. Each agreement for assignceptance of the proposal by the State ment to a State agency of an officer or agency, the Commissioner and the State employee of the Office on detail to a agency will enter into an agreement regular work assignment of the Office which meets the requirements of section shall contain provisions with respect to 507 of the Act and the regulations in compensation and allowances, travel and this part.
transportation expenses, and employee (b) State proposals. A State agency benefits which are consistent with his desiring the assignment of personnel remaining an officer or employee of the under section 507 of the Act shall submit Office. Such an agreement may provide a proposal for an arrangement for that that the compensation, travel and transpurpose in such manner as may be pre- portation expenses, and allowances (or scribed by the Commissioner. Informa- any part thereof) of the officer or emtion on making such proposals may be ployee will be reimbursed by the State. obtained from the Office. The Com- (b) Office personnel on leave without missioner will notify the State agency pay. Each agreement for assignment in writing of his acceptance or rejection to a State agency of an officer or emof the proposal. If he rejects the pro- ployee of the Office on leave without pay posal submitted by the State agency, he from his position in the Office shall, in will provide reasons for his action, and, if accordance with section 507 of the Act, modifications would make the proposal contain provisions with respect to the acceptable, he may suggest such modifi- following matters: cations. If the proposal is accepted by (1) Payment by the State of compenthe Office, the Commissioner and the sation (including allowances) of the State agency will enter into an agree- officer or employee during the period of ment which meets the requirements of assignment, which may include prosection 507 of the Act and the regula- visions for supplementary salary paytions in this part.
ments from the Office not in excess of the $ 120.5 Duration of assignment.
amount by which the Office rate of com
pensation (including allowances) exEach agreement between the Office
ceeds the State rate of compensation and a State agency for an assignment of personnel shall indicate the period of
(including allowances) and provisions assignment of each officer or employee
for reimbursement by the State for such covered by the agreement. Such a pe
supplementary compensation; riod of assignment shall not exceed 2 (2) Payment by the Office of the exyears.
penses of travel of the officer or employee and transportation of his imme- either the benefits under that Act or diate family, household goods and per- benefits available through employment sonal effects to and from his initial place in the State agency for injury or death. of assignment, which may include pro- (d) State personnel with appointment visions for reimbursement by the State to Office. Each agreement for appointfor such expenses;
ment to the Office of an officer or em(3) Entitlement to annual and sick ployee of the State agency for the period leave to the extent authorized by Fed- of assignment shall, in accordance with eral law if that officer or employee were section 507 of the Act, contain provisions not on leave without pay, but only in with respect to the following matters: circumstances considered by the Com- (1) Payment by the Office of compenmissioner to justify approval of such sation in accordance with the Classificaleave;
tion Act of 1949 and allowances as (4) Coverage under the Federal Em- authorized by Federal law; ployees' Group Life Insurance Act of (2) Payment by the Office of expenses 1954, the Federal Employees' Health of travel of the officer or employee (but Benefits Act of 1959, and the Civil Sery- not expenses of transportation of his ice Retirement Act, including the col- immediate family, household goods, and lection and deposit into the respective personal effects) to and from the place Federal funds of all necessary contribu- of assignment and during the period of tions and the election of either benefits assignment. available under those Acts or similar (3) Coverage under the Federal Embenefits available through employment ployees' Compensation Act, except that in the State agency;
the officer or employee so appointed (or (5) Coverage under the Federal Em- his dependents in case of death) may ployees' Compensation Act, except that elect either the benefits under that Act the officer or employee so assigned (or or benefits available through employment his dependents in case of death) may in the State agency for injury or death; elect either benefits available under that (4) Exclusion of the officer or emAct or benefits available through em- ployee from coverage under the Federal ployment in the State agency for injury Civil Service Retirement Act and the or death; and
Federal Employees' Group Life Insurance (6) Crediting of the period of assign- Act of 1954; and ment toward eligibility for periodic or (5) Coverage under the Federal Emlongevity step increases under the Classi- ployees' Health Benefits Act of 1959, but fication Act of 1949.
only if appointment to the Office results (c) State personnel without appoint- in the loss of coverage in a group health ment to Office. Each agreement for the benefits plans whose premium has been assignment to the Office of an officer or paid in whole or in part by a contribution employee of the State agency without of the State agency. appointment shall contain provisions (e) General provisions. (1) Notwithwith respect to compensation and allow- standing any other provision in this secances, travel and transportation ex- tion, sections 203, 205, 207, 208, and 209 penses, and employee benefits which are of Title 18 of the United States Code, consistent with his remaining an officer relating to conflicts of interest, shall apor employee of the State agency, except ply to all officers or employees on assignthat, in accordance with section 507 of ment pursuant to section 507 of the Act. the Act, provisions shall be contained in (2) Each agreement for the assignthe agreement with respect to the fol- ment of an officer or employee shall prolowing matters:
vide that the policies of both the Office (1) Payment by the Office of expenses and the State agency governing the of travel of the officer or empíoyee (but standards of conduct of their personnel not expenses of transportation of his im- shall apply to the officer or employee asmediate family, household goods, and signed under the agreement; and, if any personal effects) to and from the place such policies conflict, the agreement shall of assignment or during the period of include mutually acceptable provisions assignment;
Indicating which policies in the areas of (2) Coverage under the Federal Em- conflict will prevail. ployees' Compensation Act, except that (3) Each agreement for the assignthe officer or employee so assigned (or his ment of an officer or employee shall prodependents in case of death) may elect vide that the rules and policies of the
quality of programs and projects conducted in the State under Title VI of the Act and shall provide that all such programs and projects meet those standards. $ 121.7 Provision of services to hand.
icapped children enrolled in private
schools. (a) Each State plan shall contain an assurance that, to the extent consistent with the number and location of handicapped children in the State who are enrolled in private elementary and secondary schools, provision will be made for participation by such children in programs and projects assisted or carried out under Title VI of the Act.
(b) The special educational and related needs of handicapped children enrolled in private elementary and secondary schools, the number of such children who will participate in the programs and projects, and the types of services which will be provided for them shall be determined, after consultation with persons knowledgeable of the needs of those children, on a basis comparable to that used in providing for the participation in programs and projects assisted or carried out under Title VI of the Act by handicapped children enrolled in public elementary and secondary schools.
(c) Programs and projects assisted or carried out under Title VI of the Act shall be designed to include, to the extent consistent with the number of eligible handicapped children enrolled in private elementary and secondary schools in the geographical area served by the program or project, services which will aid in meeting the special educational and related needs of such children; those seryices may be provided through such arrangements as dual enrollment, educational radio and television, and mobile equipment, and may include professional and subprofessional services.
(d) Public school personnel may be made available in other than public school facilities only to the extent necessary to provide the special educational and related services required by the handicapped children for whose needs such services were designed, and only when such services are not normally provided at the private school. The State or local educational agency providing educational and related services to children in private schools shall maintain administrative control and direction over such services. The special educational and re
lated services provided with funds under Title VI of the Act for eligible handicapped children enrolled in private schools shall not include the payment of salaries of teachers or other employees of private schools, except for services performed outside their regular hours of duty and under public supervision and control, nor shall they include the use of equipment, other than mobile or portable equipment, on private school premises or the construction of private school facilities. Subject to the provisions of $ 121.23, mobile or portable equipment may be used on private school premises for such period of time within the life of the current program or project for which the equipment is intended to be used as is necessary for the successful participation in that program or project by eligible handicapped children enrolled in private schools.
(e) Any program or project to be carried out in public facilities and involving joint participation by eligible handicapped children enrolled in private schools and handicapped children enrolled in public schools shall include such provisions as are necessary to avoid classes that are separated by the school enrollment or religious affiliations of such children. § 121.8 Measurement of educational
achievement and evaluation of pro
grams. (a) General. Each State plan shall describe the procedures and techniques to be used in making at least annually an evaluation of the effectiveness of programs carried out under the State plan in meeting the special educational and related needs of handicapped children, including appropriate measurements of educational achievement.
(b) Measurement of educational achievement and improvement. The annual evaluation of the effectiveness of programs shall be made by measuring or estimating the educational achievement of the children who participated in the programs or projects. The type of measurement used should be based on some objective standard or norm and should give particular regard to the requirement that each State report to the Commissioner on the effectiveness of the programs in improving the educational achievement of handicapped children. This means that objective measurements shall be used wherever such measurements are appropriate. Where such
measurements are not appropriate with educational agencies, and (2) require respect to the specific goals of a given that local educational agencies will, in program, estimates of achievement and the conduct of approved programs and improvement shall be made.
projects, coordinate their activities under (c) Evaluation of effectiveness of pro the State plan with such other programs. grams. The evaluation of the effective (c) Interagency cooperation: Each ness of a program shall include an State plan may provide that State and evaluation at the State level, as well as local educational agencies may enter at the local level, of the increase in into cooperative arrangements with other educational opportunities afforded State and local educational agencies, inhandicapped children throughout the cluding those in another State, to carry State, and shall, consistent with the out joint programs, projects, or activities nature and extent of participation by necessary and appropriate to carrying children enrolled in private schools, be out the purposes of Title VI of the Act. extended to such children,
(d) In the coordination with other $ 121.9 Dissemination and utilization
programs the commingling of funds
under Title VI of the Act with funds of results of educational research and demonstrations.
under such other programs is not au
thorized, but the simultaneous use of Each State plan shall describe the
funds under those programs to finance methods to be used by State and local identifiable portions of a single project educational agencies in reviewing, select is permitted. ing, and disseminating to teachers and administrators of handicapped children
$ 121.11 Reports and records. significant information derived from (a) Each State plan shall provide that educational research, demonstration, and the State educational agency will make similar projects, and for adopting, where such reports, in such form, and containappropriate, promising educational prac ing such information, as the Commistices developed through such projects. sioner may reasonably require to carry
out his functions under Title VI of the $ 121.10 Coordination with other public and private programs and
Act. Such reports shall include, but not projects.
necessarily be limited to, reports of the
objective measurements required in (a) State level coordination: Each § 121.8, the annual description of the State plan shall demonstrate that it was projected activities of the State educadeveloped by the State educational
tional agency and local educational agenagency so as to be in coordination with cies required in $ 121.2(a), and the finanother public and private programs for cial reports required in § 121.41. the education of handicapped children (b) Each State plan shall provide that or for similar purposes; and shall assure the State educational agency and the that the State educational agency will local educational agencies will keep such continue to coordinate its activities under records an affor such access the to the State plan with such other programs. as the Commissioner may find necessary such other programs shall include, but to assure the correctness and verification not be limited to, those of State agencies of such reports. Such records shall inwhich are directly responsible for provid clude, but not necessarily be limited to, ing free public education for handi those required in $$ 121.33, 121.27, 121.31, capped children and, to the extent prac 121.33, and 121.34. ticable, other programs such as community action programs under Title II of
Subpart C-Federal Financial the Economic Opportunity Act of 1964.
Participation (b) Local level coordination: Each
General. State plan shall assure that the State
$ 121.21 educational agency will, before approv
The State plan shall provide that funds ing programs and projects of local educa allotted to a State pursuant to section tional agencies under Title VI of the Act, 603 of the Act may be used only for the (1) determine that the local educational initiation, expansion, and improvement agency has developed its program or of programs and projects for the educaproject in coordination with other public tion of handicapped children at the preand private programs for the education school and elementary and secondary of handicapped children or for similar schools levels by State educational purposes in the areas served by such local agencies pursuant to $ 121.22(a) (1) and