Page images

grams under the Act to which the plan relates. The State plan shall state the title of the official who is authorized to submit the plan and amendments thereto. The State plan shall provide that the State agency shall be responsible for the administration or for the supervision of the administration of all activities to be carried out under the State plan and, if the latter, shall set forth the manner in which the State agency will exercise and make effective such supervision. The State plan shall also set forth the manner in which appropriate coordination will be undertaken at both State and local levels to assure that the best possible library seryices will be available.

(b) Free library services. The State plan shall provide that any library seryices furnished under the plan shall be made available free of charge to individual users under regulations prescribed by the State agency.

(c) Organization. The State plan shall describe, by chart or otherwise, the organization of the State agency, its unit functions, and the lines of authority between the State agency and entities participating in each of the programs covered by the plan in order to assure coordination of these and all other library programs within the State.

(d) Personnel. (1) The State plan shall contain a description of the minimum qualifications of all professional library personnel of the State agency engaged in activities for which funds are used under the State plan. Such minimum qualifications shall contain standards of education and experience and other requirements in relation to the duties to be performed. If a merit system exists in the State, the plan shall describe the requirements of such system for such personnel.

(2) If the State agency makes provision for salaries, tuition, or other payments for personnel of the State agency and/or personnel participating, or to participate, under the plan in specialized educational or training programs, the State plan shall state the terms and conditions the State agency will impose to assure that the result of such programs and payments therefor will contribute to the furtherance of the objective for which funds are made available. (See § 130.86(a) (1) and (2).) If there be failure by such personnel to comply with such terms and conditions, absent good cause therefor as reasonably determined by the

State agency, the Federal Government shall be credited with its proportionate share of such payments.

(e) Custody of funds. The State plan shall provide for the receipt by the State Treasurer (or, if there be no State Treasurer, the officer identified by title exercising similar functions for the State) and for the proper safeguarding of all Federal funds granted to the State under the Act. The State plan shall provide that all Federal funds so received shall be expended solely for the purposes for which granted and that any such funds not so expended, including funds lost or diverted to other purposes, shall be paid to the U.S. Office of Education.

(f) Disbursement of funds. The State plan shall state whether funds are paid to participating agencies under the plan on the basis of either (1) a reimbursement for actual expenditures already made, (2) an advance prior to the expenditure of funds, or (3) both.

(g) State fiscal control and accounting procedures. The State plan shall describe the fiscal control and fund accounting procedures which are in accordance with applicable State and local laws, rules, and regulations and which will assure proper disbursement of and accounting for Federal funds paid to the State under each program, funds paid by the State to participating entities, and all matching funds. In addition, the State plan shall specify the particular accounting basis (cash, accrual, or obligation) to be used and cite the authority under State and local laws, rules, and regulations for such basis. If the State or local agency utilizes other than a cash accounting basis, the State plan shall indicate the time period or other conditions governing the liquidation of obligations. The State plan shall contain an assurance that accounts and supporting documents of the State agency and local participating entities relating to program expenditures involving Federal financial participation will be adequate to permit an accurate and expeditious audit. The State plan shall provide that the State will require that the expenditures made under the State plan by the participating agencies will be audited either by a State-authorized audit agency or by an independent certified public accountant. The State plan shall set forth, in connection with construction projects approved under subpart D of this part the fiscal control and accounting procedures applicable

§ 140.14 Provisions for payment.

Payments will be made in advance installments to States with approved plans on the basis of the annual estimates described in $ 140.13. Adjustments of underpayments or overpayments or interest earned on Federal funds for any fiscal year will be made after the end of the fiscal year. In settling the accounts subsequent to the close of the fiscal year 1962, the State shall refund to the Commissioner any overpayment which may have been made under section 1009, or any unadjusted interest earned on Federal funds. § 140.15

Effect of payments. Neither the approval of the State plan 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, before or after such administrative action, any Federal requirements.



Subpart D-Federal Payment Procedures Sec. 141.20 Financial reports. 141.21 Federal payments. 141.22 Effect of Federal payments and real

lotment. 141.24 Interest on Federal grants. Subpart E-Acquisition of Equipment and Minor

Remodeling 141.25 Description of program. 141.26 Purchase of materials for making

equipment. 141.27 Use of equipment in other subject

areas. 141.28 Priorities. 141.29 Standards. 141.30 Hearings.

Subpart F-Supervision and Administration 141.31 Programs for supervision and related

services. 141.32 Expansion or improvement. 141.33 Time basis for measurement of ac

tivities. 141.34 Eligible costs. 141.35 Transition provisions.

Subpa:t H-The Humanities and the Arts 141.50 Acquisition of equipment and minor

remodeling for instruction in the

humanities and the arts. 141.51 Amendment of State plans to in.

clude the humanities and the arts. 141.52 Definitions.

AUTHORITY: Subparts A through F issued under secs. 301-304, 1001, 72 Stat. 1588–1589, 1602, 20 U.S.C. 441-444, 581; Subpart H issued under 5 U.S.C. 301, sec. 12, 79 Stat. 854, 20 U.S.C. 961, unless otherwise noted.

SOURCE: The provisions of this part 141 appear at 30 F.R. 7, Jan. 1, 1965, unless otherwise noted.

Subpart A-Definitions 8 141.1 Definitions.

As used in this part:

(a) "Act” means the National Defense Education Act of 1958, as amended, 20 U.S.C. Ch. 17.

(b) "Audiovisual library" means a f&cility controlled and operated by a State or local educational agency or other public school authority below the State level and used for the collection, custody, cataloging, maintenance, and distribution of audiovisual materials for education in the critical subjects in public elementary or secondary schools.

(c) "Class" means a group of students assembled for instruction for a given period of time under a teacher or teachers.

(d) “Commissioner" means the United States Commissioner of Education, De

[blocks in formation]

Subpart B-State Plan-General Provisions 141.2 State plan. 141.3 State agency for administration. 141.4 Authority of State agency. 141.5 Custody of funds. 141.6 Administrative review and evalua

tion. 141.7 State fiscal procedures. 141.8

Duties and qualifications of State

personnel in professional positions. 141.9 Reports. 141.10 Continuing review of State adminis

tration, 141.11 Fiscal audits.

Subpart — Federal Financial Participation 141.12 Effective date of plan. 141.13 Federal participation in general. 141.14 Proration of costs. 141.15 Accounting basis for expenditures. 141.16 Use of State rule in determining the

fiscal year's allotment to which an

expenditure is chargeable. 141.17 Transfer of funds to local agencies. 141.18 Disposal of records. 141.19 Adjustments.

partment of Health, Education, and Wel. arts if they are taught during the regu. fare.

lar hours of the school day in courses for (e) “Critical subjects" means those which English credit is given toward subjects for which financial assistance graduation. may be provided under Title III of the (8) "Reading" means the acquisition Act; namely science, mathematics, his and development of basic skills for intertory, civics, geography, economics, mod preting written symbols as representing ern foreign language, English, reading, the vocabulary and structure of one's and industrial arts, as defined below: own spoken language. It refers to the

(1) "Science" includes the physical sequential and continuous acquisition of and biological sciences, but not the social the basic skills and content needed to sciences.

comprehend, evaluate, use, and enjoy the (2) “Mathematics” means the study many types of written communication of number, quantity, shape, and arrange and the relationship of such skills and ment through units of courses provided content to the general school program. in elementary grades, or in secondary It includes oral, corrective, and remedial grades for graduation or for admission reading. to post high school institutions. It in (9) "Economics” means the study of cludes all elective courses for which the description and analysis of the mathematics credit is given toward grad means of production, distribution, and uation.

consumption of goods and services. (3) "History" means the study of past (10) "Industrial arts" means the study and contemporary events in relation to of technology, its history, growth, and peoples and civilizations.

development in terms of industrial orga(4) “Civics” means the study of United nization, materials, occupations, prodStates government (its purpose, func ucts, processes, and problems, including tion, and structure) at Federal, State, related academic endeavors as well as and local levels, including the rights and laboratory experience. It is a curricuduties of citizens, and the study of in lum area in general education in which ternational affairs in relation to their children may create, experiment, design, impact on United States government. and plan while dealing with issues re

(5) "Geography" means the study of lated to technology. the spatial distributions and relation (f) "Department” means the Departships on the earth's surface of these ele ment of Health, Education and Welfare. ments that give character to places. (g) "Elementary school" These include natural phenomena (such school which provides elementary educaas land, water, air), biotic phenomena tion, as determined under State law. (plant and animal life), and human (h) "Equipment" eligible for purchase phenomena (such as population, occupa through approved projects means laborations, transportation, and communica tory and other special equipment as detions). The term includes the study of fined in paragraph (j) of this section, physical, political, social, economic, and including materials as defined in parahistorical geography.

graph (1) of this section. (6) "Modern foreign language" means (i) "Fiscal year,” as used with respect a language other than English which is to reporting and accounting requirein current use as a common medium of ments, means the period beginning on communication by some substantial seg the first day of July and ending on the ment of the world population. (Ancient following June 30. (The calendar year languages such as Latin and classical of the ending date is used to designate Greek are not modern foreign lan the fiscal year.) guages.)

(j) “Laboratory and other special (7) "English" means the study of the equipment" means (1) fixed or movable English language in its spoken and writ

articles, which are particularly appropriten forms regardless of the primary lan

ate for use in providing education in the guage of the student, and training and

critical subjects in a public elementary or practice in the communication skills of

secondary school and which are to be

used either by teachers in connection listening, speaking, reading, and writing.

with teaching or by students in learning It includes speech, grammar, literature, in such subjects; (2) audiovisual equiplanguage arts, and linguistics. It also ment, such as projectors, recording Includes journalism, creative writing, equipment, television receivers and telepublic speaking, debate, and dramatic vision tape recorders, to be used, either




by teachers in connection with teaching education in the critical subjects which or by students in learning, primarily in are needed to make effective use of providing education in the critical sub equipment in providing education in jects in a public elementary or secondary such subjects. The term also includes school; (3) "materials" as defined in those minor alterations in a previously paragraph (1) of this section and devices completed building which are needed to (other than those used for printing, such make effective use of the items referred as printing presses and offset printing to in subparagraphs (5) and (6) of paramachines) to be used for preparation of graph (j) of this section. The term may audiovisual and instructional materials also include the extension of utility lines, for the critical subjects; (4) storage such as for water and electricity, from equipment to be used solely for the care points beyond the confines of the space in and protection of the foregoing items which the minor remodeling is underwhen used in laboratories or classrooms; taken but within the confines of such (5) testgrading equipment to be used previously completed building to the primarily in providing education in the extent needed to make effective use of critical subjects in a public elementary equipment. The term does not include or secondary school; and (6) specialized building construction, structural alterequipment for audiovisual libraries sery ations to buildings, building mainteing public elementary or secondary nance, repair or renovation. schools when such equipment is to be (n) "Project," as applied to the acquiused primarily in providing education in sition of laboratory or other special the critical subjects. (The term ex equipment or minor remodeling, means cludes such items as general-purpose (1) a proposal submitted by a local edufurniture, radio or television broadcast cational agency, or agencies, or other ing apparatus, school public address sys public school authority below the State tems, or items for the maintenance and level, or (2) in cases where the State repair of equipment. However, the term educational agency operates one or more does include equipment for maintenance public elementary or secondary schools and repair of materials in audiovisual or audiovisual libraries, a proposal sublibraries.)

mitted by the highest administrative (k) "Local educational agency" officer of such school or audiovisual 1means a board of education or other brary. Such a proposal shall contain: legally constituted local school authority (1) Itemized description and current cost having administrative control and direc estimates of the equipment to be tion of public elementary or secondary acquired or minor remodeling to be perschools in a city, county, township, school formed; (ii) certification that the equipdistrict, or other political subdivision in ment is to be used primarily for provida State, or any other public institution or ing education in the critical subjects, agency having administrative control except that in the case of storage equipand direction of a public elementary or ment the certification shall be to the secondary school.

effect that the storage equipment will be (1) "Materials" means those items used solely for the care and protection of which with reasonable care and use may equipment and materials used in providbe expected to last for more than one ing such education; and (iii) informayear and are suitable for and are to be tion showing the direct relationship of used in providing education in the criti the proposed expenditures to the overall cal subjects in an elementary or second design for enriching the planned educaary school. The term includes such tional program and the achievement of items as tapes and discs; slides and desired curriculum goals in the critical transparencies; films and filmstrips; subjects. books, pamphlets, and periodicals; and (0) "Public," as applied to any school other printed and published materials or institution, includes a school or insti. such as maps, globes, and charts. The tution of any agency of the United term does not include such items as text States, except that no such school or books (as defined in paragraph (u) of institution shall be eligible to receive any this section) or chemicals and other sup grant, loan, or other payment under the plies which are consumed in use.

Act. (m) "Minor remodeling" means those (p) "School" means a division of inminor alterations in a previously com structional organization consisting of a pleted building in space used or to be group of pupils comprised of one or more used as a laboratory or classroom for grade groups, organized on a class basis

[ocr errors]


as one unit with one or more teachers the State educational agency for the acto give instruction of a defined type, and quisition of laboratory and other special housed in a school plant of one or more equipment suitable for use in providing buildings. More than one school may education in the critical subjects; (2) be housed in one school plant as when principles for determining the priority elementary and secondary schools are so of projects and provisions for undertakhoused.

ing projects in accordance therewith; (q) "Secondary school" means

(3) for an opportunity to an aggrieved school which provides secondary educa project applicant for a hearing before tion, as determined under State law. the State agency; (4) for the establishThe term does not include any education ment of standards for equipment to be provided beyond grade 12 except that it acquired under the program; (5) a promay include a public junior college when gram under which funds paid to the it is a part of or an extension of the State from its allotment under section secondary school system of the State as 302(b) will be expended solely for exdetermined under State law.

pansion or improvement of supervisory (r) "Services”: (1) "Supervisory serv or related services in the public elemenices" means the services rendered by a tary and secondary schools in the critical qualified person in the promotion, main subjects, and for administration of the tenance, and improvement of instruc State plan; (6) that the State agency tion in one or more of the critical sub

will be the sole agency for administering jects. (2) "Related services" means the plan; (7) that the State agency will

those technical activities which support make such reports as the Commissioner supervisory services in the critical deems necessary; and (8) for fiscal consubjects.

trol and fund accounting procedures as (s) "State" means a State of the

specified in these regulations. Union, Puerto Rico, the District of (b) Effect of State plan. The plan. Columbia, the Canal Zone, Guam, when approved by the Commissioner, American Samoa, or the Virgin Islands. shall constitute the basis on which Fed

(t) "State educational agency" eral grants will be made, as well as a “State agency” means the State board

basis for determining the propriety of of education or other agency or officer State and local expenditures in which primarily responsible for the State Federal participation is requested. supervision of public elementary and (c) Submission. The State plan and secondary schools, or, if there is no such

all amendments thereto shall be subofficer or agency, an officer or agency mitted to the Commissioner by a duly designated by the governor or by State authorized officer of the State educalaw.

tional agency. The plan shall indicate (u) “Textbook” means book

the official or officials authorized to subworkbook, or manual, which is used as mit plan material. the principal source of study material (d) Amendments. The administrafor a given class or group of students, tion of the programs shall be kept in a copy of which is expected to be avail conformity with the approved State able for the individual use of each pupil plan. Whenever there is any material in such a class or group of students. change in the content or administration (Sec. 17, 80 Stat. 1245, 20 U.S.C. 443(a)) (30 of a program, or when there has been a FR. 7, Jan. 1, 1965, as amended at 31 F.R.

change in pertinent State law or in the 824, Jan. 21, 1966; 32 F.R. 4162, Mar. 17, 1967)

organization, policies, or operations of Subpart BState Plan-General

the State educational agency affecting a Provisions

program under the plan, the State plan

shall be appropriately amended. 3 141.2 State plan.

(e) Certificate of the State educa(a) Purpose. A basic condition for

tional agency or appropriate State legal the payment of Federal funds to a State officer. The State plan and all amendunder sections 301-304 of the Act is a

ments thereto shall include as an atState plan meeting the requirements of tachment a certificate of the officer of sections 303(a) and 1004(a) of the Act the State educational agency authorized by providing (1) a program under which to submit the State plan to the effect funds paid to the State from its allot (1) that the plan or amendment has been nent under section 302(a) will be ex adopted by the State agency and that pended solely for projects approved by the plan, or plan as amended, will con



« PreviousContinue »