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(c) “Commissioner" means the U.S. Commissioner of Education.

(d) “Construction" means (1) erection of new or expansion of existing school facilities, and the acquisition and installation of initial equipment therefor; or (2) acquisition of existing school facilities not owned by any agency or institution making application for assistance under Title VI of the Act; or (3) remodeling and alteration (including the acquisition, installation, modernization, or replacement of equipment) of existing school facilities; or (4) a combination of any two or more of the foregoing.

(e) "Elementary school level" means the educational level at which elementary school education is provided under State law.

(f) “Equipment” includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational and related seryices, including items such as instructional equipment and necessary furniture, printed, published, and audiovisual instructional materials, and books, periodicals, documents, and other related materials. Equipment does not include supplies which are consumed in use or which may not reasonably be expected to last longer than 1 year.

(g) "Fiscal year” means a period beginning on July 1 and ending on the following June 30. (A fiscal year is designated in accordance with the calendar year in which the ending date of the fiscal year occurs.)

(h) “Handicapped children” includes mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled or other health impaired children who by reason thereof require special education and related services.

(i) “Local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a state as an administrative agency for its public elementary or secondary schools. The term also in

cludes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(j) “Preschool level" means the educational level below that at which elementary education is provided under State law.

(k) "Private elementary or secondary schools” means schools which provide elementary or secondary education as determined under State law, but not including any education provided beyond grade 12, and which are controlled by other than a public authority.

(1) "Public agency” means a legally constituted organization of government under public administrative control and direction.

(m) "School facilities" means classrooms and related facilities (including initial equipment) for the provision of educational services and interests in land (including site grading and improvements) on which such facilities are constructed, except that such term does not mean gymnasiums or similar facilities intended primarily for use for exhibitions for which admission is to be charged to the general public.

(n) "Secondary school level" means the educational level, not beyond grade 12, at which secondary school education is provided under State law.

(0) "State” means, in addition to the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(p) "State educational agency” means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such agency or officer, an agency or officer designated by the Governor or by State law. Subpart B-State Plan-General

Provisions $ 121.2 State plan.

(a) Purpose. The basic conditions for the payment of Federal funds to a State under Title VI of the Act are (1) a State plan meeting the requirements of Title VI of the Act by providing a program under which funds paid to the State will be expended solely for initiation, expansion, or improvement of pro

local educational agencies pursuant to necessary for the program under Title VI § 121.22(b) (1), except that not more of the Act, including the costs of reguthan 5 percent of the amount allotted to lar contributions of employers to retirea State for any fiscal year or $75,000 ment, workmen's compensation, and ($25,000 in the case of the Common- welfare funds, and payments for leave wealth of Puerto Rico, Guam, American earned with respect to time so spent; Samoa, the Virgin Islands, and the Trust (2) Communications; Territory of the Pacific Islands), which- (3) Utilities; ever is greater, may be expended by the (4) The purchase of consumable supState educational agency for planning plies, including stationery; and for proper and efficient administra- (5) Printing and acquisition of printtion of the State plan pursuant to ed and published materials; § 121.22(a) (2) and by local educational (6) Travel and transportation exagencies for planning at the local level penses; pursuant to $ 121.22(b) (2).

(7) Acquisition (by purchase, lease or $ 121.22 Allowable expenditures.

lease-purchase) and maintenance and

repair of necessary equipment; (a) Funds under Title VI of the Act

(8) Minor alterations in previously may be used by the State educational

completed building space used or to be agency for such expenditures as are rea

used in the program under Title VI of sonably necessary (1) for the conduct

the Act when such alterations are needed by it of programs or projects for the edu

to make effective use of equipment; cation of handicapped children (includ- (9) The rental of space in privately ing evaluation and dissemination of the

and publicly owned buildings to the exresults thereof), and (2), subject to the

tent such space is in fact used for activilimitations in § 121.21, for administration

ties under Title VI of the Act, subject of the State plan and for planning at the

to the following provisions: State level, including planning or assist

(i) The expenditures for the space are ing in the planning of programs or proj

necessary and properly related to the ects for the education of handicapped activities of the programs; children; approval, supervision, and

(ii) The State or local educational evaluation of local programs and projects

agency will, during the period of occufor the education of handicapped chil

pancy, receive the benefits of the exdren; technical assistance to local edu

penditures commensurate with such cational agencies with respect to the

expenditures; measurements of educational achieve

(iii) The amounts paid are not in exment and evaluation of the effectiveness

cess of comparable rental in the parof programs and projects pursuant to

ticular locality; § 121.8; dissemination and utilization of

(iv) Expenditures represent a current the results of educational research and

cost; demonstrations pursuant to $ 121.9; and

(v) In the case of publicly owned other State leadership activities and con

buildings, like charges are made to other sultative services.

State or local agencies occupying similar (b) Funds made available under Title

space for similar purposes; VI of the Act to local educational

(10) Subject to the limitations in agencies may be used by those agencies

§ 121.24, the construction of school fafor such expenditures as are reasonably

cilities essential to the successful carrynecessary for activities directly related

ing out of approved programs or to (1) the conduct of programs and proj

projects. ects for the education of handicapped

(d) None of the funds under Title VI children which are approved by the

of the Act may be used for religious State educational agency (including the

worship or instruction. evaluation and dissemination of the results thereof), and (2) the planning of

$ 121.23 Title to and control over propsuch programs and projects.

erty and funds. (c) Categories of allowable expendi- (a) The State plan shall provide that tures referred to in paragraphs (a) and control over the use of funds provided (b) of this section include the following: under Title VI of the Act, and title to

(1) Salaries, wages, and other personal and administrative control over property service costs of permanent and tempo- acquired with such funds, shall be in a rary staff employees and consultants for public agency which will exercise such the performance of services reasonably control. Such funds and property shall

be used for the purposes of Title VI of to participation by children enrolled in the Act, and such a use shall not inure private schools. to the benefit of any private school. The (b) Manner of construction. Each incidentai use of such property for other State plan shall provide that the State purposes is permitted only for related educational agency will not approve or educational purposes on public premises carry out a program or project involvand only so long as such a use does not ing the construction of school faciliinterfere with the carrying out of a pro ties unless the construction is functional, gram or project under Title VI o. the undertaken in an economical manner, Act.

and not elaborate in design or extrav(b) The State plan shall provide that agant in the use of materials in comequipment acquired with funds under parison with school facilities of a similar Title VI of the Act may be placed on type constructed in the State within private school premises for a limited recent years. period of time, but the title to and ad (c) Consistency with overall State ministrative control over such equipment construction. Each State plan shall promust be retained and exercised by a vide that the State educational agency public agency. In exercising that ad will not approve or carry out a program ministrative control, the public agency or project involving the construction of shall not only keep records of, and ac school facilities unless it determines that count for, the equipment but shall also the construction is consistent with overassure itself that the equipment is being all State plans for construction. It shall used solely for the purposes of the pro not approve such a program or project gram or project, and remove the equip involving construction, other than minor ment from the private school premises remodeling, altering, or improving of when necessary to avoid its being used school facilities, unless the approval is for other purposes or when it is no conditioned upon approval of the conlonger needed for the purposes of the struction plans and specifications by the program or project.

State educational agency, and further (c) The State plan shall provide that conditioned upon the award of a conthe State educational agency will obtain struction contract within a reasonable from a local educational agency admin period of time taking into consideration istering a program or project under Title the nature of the program or project to VI of the Act a satisfactory assurance be served by the construction of the that the funds provided under Title VI school facilities and the magnitude of of the Act, and property derived there the construction to be undertaken, which from, will at all times be under the con date shall in no event be later than trol of, and be administered by, a pub June 30 of the following fiscal year. Such lic agency in accordance with the pro plans and specifications shall be approved visions of the Act and the regulations only after due consideration has been in this part.

given to the accessibility of the facilities $ 121.24 Construction.

to, and the usability of them by, handi

capped persons and of their compliance (a) General. Each State plan shall with the minimum standards contained provide that a program or project for the in "American Standard Specifications education of handicapped children may for Making Buildings and Facilities Acnot include the construction of school cessible to, and Usable by, the Physically facilities unless such construction is Handicapped” approved by the American demonstrated as being essential in order Standards Association, Inc., with approto assure the success of that program or priate usable segments of "Building project. If the construction of school

Standards of the University of Illinois facilities is so demonstrated as being

Rehabilitation Center" and "Occupancy

Guide-Department of Veterans Benefits, essential for a program or project, that

Regional Offices, Veterans Administraprogram or project must nevertheless

tion," and with such other standards in comply with other requirements of Title

that regard as the Secretary of Health, VI of the Act and the regulations in this

Education, and Welfare may prescribe part, such as the requirements in this

or approve. section with regard to labor standards (d) Labor standards. Each State plan and overall State construction planning shall provide that the State educational and, in relation to the overall program, agency shall not approve a program or the requirements in § 121.7 with regard project involving the construction of

will be promptly notified and given the ments and to the substantive legal and reasons for the Commissioner's action administrative provisions of an approved in writing. A special project grant may application, the Commissioner will conalso be voluntarily terminated by the duct periodic reviews of the administraState educational agency by written tion of the State's programs or special notice to the Commissioner.

projects under Title V of the Act. In

addition, all records covering expendiSubpart D-General Provisions

tures for programs and projects of the $ 119.40 Arrangements with individuals State educational agency will be audited or other organizations.

by the Department to determine whether (a) In carrying out programs of proj

the State agency has properly accounted

for Federal funds. ects under Title V of the Act, the State educational agency receiving such grants $ 119.42 Records management. may not transfer to others responsibility

(a) Records maintenance and disposiin whole or in part for the use of such

tion. The State educational agency grants or the conduct of such programs

shall maintain and keep intact and acor special projects, but may enter into

cessible all records supporting claims for contracts or arrangements with others

Federal grants or relating to the account. for carrying out a portion of any such

ability of such State agency for expendiprogram or special project. Such con

ture of such grants and relating to the tracts or arrangements shall (1) be in writing, (2) incorporate by reference all

expenditure of any non-Federal funds

necessary for matching or supplementing requirements of the Act, the regulations

the Federal share of such grants (1) for in this part, the applications of the State

3 years after the close of the fiscal year educational agency, and the grant con

in which the expenditure was made by ditions, (3) be made for a period not

the State educational agency; or (2) exceeding the period for which the grant

until the State agency is notified that is available, (4) constitute a reasoanble

such records are not needed for adminand prudent use of grant funds, (5) pro

istrative review; or (3) until the State vide that funds paid by the State educational agency to the other party of the

agency is notified of the completion of

the Department's fiscal audit, whichever contract or arrangement will be used

is later. only for costs incurred by such other

(b) Questioned expenditure. The recparty in carrying out its portion of a

ords involved in any claim or expendiprogram or special project, and (6) provide that such other party will account

ture which has been questioned shall be to the State educational agency for any

further maintained until necessary adfunds which are not expended in ac

justments have been made and such adcordance with the contract or arrange

justments have been reviewed and apment.

proved by the Department. (b) In applying for a grant under

(c) Records of equipment. Where Title V of the Act, the State educational

equipment which costs $100 or more per agency shall indicate in the application

unit is purchased by the State with Fedfor such grant any intention it may have

eral financial participation, inventories of entering into contracts or other ar

and other records supporting accountrangements with in dividuals or orga

ability shall be maintained until the nizations to conduct a portion of any pro

State agency is notified of the complegram or special project proposed in the

tion of the Department's review and application. The State agency shall not

audit covering the disposition of such enter into any such contract or arrange equipment. ment unless the intention to do so is

$ 119.43 Grantee accountability. included in an approved application, or an amendment thereto. The State

A State educational agency receiving agency shall submit to the Commissioner grants under Title V of the Act shall, in two (2) copies of any such contract or accordance with procedures established arrangement immediately upon execu by the Commissioner, render a full action.

counting of all grant funds paid to it f 119.41 Fiscal audits and program re

upon the expiration of Title V of the views.

Act or upon the termination of such In order to assist the State educational grants, and refund to the Commissioner agency in adhering to statutory require any overpayment which might have been



determined by such

(b) “Commissioner" means the United accounting.

States Commissioner of Education.

(c) “Local educational agency" means $ 119.44 Allowable expenditures.

a public board of education or other pubFederal funds granted to State edu lic authority legally constituted within cational agencies under Title V of the a State for either administrative control Act may be used for such expenditures or direction of, or to perform a service as are necessary to carry out the pro function for, public elementary or secgrams and special projects for which the

ondary schools in a city, county, towngrants are made. Such expenditures ship, school district, or other political may include (a) salaries, travel and subdivision of a State, or such combinaother expenses of professional personnel tion of school districts or counties as is and supporting staff for time spent on recognized in a state as an administraactivities reasonably related to such pro tive agency for its public elementary or grams or special projects, including pay secondary schools. The term also inments for leave and employers' contribu cludes any other public institution or tions to retirement, workmen's com agency having administrative control pensation, and other welfare funds, and direction of a public elementary or which are available under State law to secondary school. one or more general classes of State (d) “Office" means the U.S. Office of agency employees; (b) fees and approved Education. expenses of consultants, advisory com (e) "State" includes, in addition to mittees, and other persons or groups the several States of the Union, the Comacting in an advisory capacity to the monwealth of Puerto Rico, the District State educational agency in carrying of Columbia, Guam, American Samoa, out such programs or special projects; and the Virgin Islands. (c) acquisition, maintenance and repair (f) “State agency" means a State or of equipment (including minor remodel an agency of the State engaged in acing), supplies, and materials, to the ex tivities in the field of education, other tent directly used or consumed in carry than a local educational agency, including out such programs or special proj ing, for example, the State educational ects; and (d) other expenses (except agency or a State college or university. those for the acquisition of land or the (g) "State educational agency'' means acquisition, construction, or alteration of the State board of education or other buildings) to the extent that they are agency or officer primarily responsible directly attributable to such programs for the State supervision of public eleor special projects.

mentary and secondary schools, or, if

there is no such officer or agency, an PART 120—INTERCHANGE OF PER

officer or agency designated by the GovSONNEL WITH STATES

ernor or by State law. Sec.

$ 120.2 Purpose. 120.1 Definitions. 120.2 Purpose.

Under section 507 of the Act, the Com120.3 Assignments of personnel.

missioner is authorized, through agree120.4 Initiation of proposals.

ments or otherwise, to arrange for as120.5 Duration of assignment.

signment of officers and employees of 120.6 Nature and type of assignment.

States to the Office and assignment of 120.7 Personnel provisions.

officers and employees of the Office to 120.8 Modification of agreement.

States, for work which the Commissioner 120.9 Termination of agreement. 120.10 Reports and evaluation.

determines will aid the Ofice in more

effectively discharging its responsibillAUTHORITY: The provisions of this Part 120

ties as authorized by law, including coIssued under secs. 507, 601, 79 Stat. 51, 54, 55, 20 U.S.C. 867, 881.

operation with States and the provision

of technical or other assistance. Such SOURCE: The provisions of this part 120 ap

arrangements will be made by the Compear at 30 F.R. 11523, Sept. 9, 1965, unless

missioner in accordance with the prootherwise noted.

visions of section 507 of the Act, the $ 120.1 Definitions.

regulations in this part, and any conAs used in this part:

ditions and procedures which the Com(a) “Act” means the Elementary and missioner finds necessary to carry out Secondary Education Act of 1965 (P.L. the purpose of the Act and the regula89-10).

tions in this part.

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