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 services will be available.

(b) Free library services. The State plan shall provide that any library services 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

shali 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.

141.34 141.35

Expansion or improvement.

Time basis for measurement of activities.

Eligible costs.

Transition provisions.

Subpart 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 include 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.

§ 141.1

Subpart A-Definitions
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 facility 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

སྨ

partment of Health, Education, and Welfare.

(e) "Critical subjects" means those subjects for which financial assistance may be provided under Title III of the Act; namely science, mathematics, history, civics, geography, economics, modern foreign language, English, reading, and industrial arts, as defined below:

(1) "Science" includes the physical and biological sciences, but not the social sciences.

(2) "Mathematics" means the study of number, quantity, shape, and arrangement through units of courses provided in elementary grades, or in secondary grades for graduation or for admission to post high school institutions. It includes all elective courses for which mathematics credit is given toward graduation.

(3) "History" means the study of past and contemporary events in relation to peoples and civilizations.

(4) "Civics" means the study of United States government (its purpose, function, and structure) at Federal, State, · and local levels, including the rights and duties of citizens, and the study of international affairs in relation to their impact on United States government.

(5) "Geography" means the study of the spatial distributions and relationships on the earth's surface of these elements that give character to places. These include natural phenomena (such as land, water, air), biotic phenomena (plant and animal life), and human phenomena (such as population, occupations, transportation, and communications). The term includes the study of physical, political, social, economic, and historical geography.

(6) "Modern foreign language" means a language other than English which is in current use as a common medium of communication by some substantial segment of the world population. (Ancient languages such as Latin and classical Greek are not modern foreign languages.)

(7) "English" means the study of the English language in its spoken and written forms regardless of the primary language of the student, and training and practice in the communication skills of listening, speaking, reading, and writing. It includes speech, grammar, literature, language arts, and linguistics. It also includes journalism, creative writing, public speaking, debate, and dramatic

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arts if they are taught during the regular hours of the school day in courses for which English credit is given toward graduation.

(8) "Reading" means the acquisition and development of basic skills for interpreting written symbols as representing the vocabulary and structure of one's own spoken language. It refers to the sequential and continuous acquisition of the basic skills and content needed to comprehend, evaluate, use, and enjoy the many types of written communication and the relationship of such skills and content to the general school program. It includes oral, corrective, and remedial reading.

(9) "Economics" means the study of the description and analysis of the means of production, distribution, and consumption of goods and services.

(10) "Industrial arts" means the study of technology, its history, growth, and development in terms of industrial organization, materials, occupations, products, processes, and problems, including related academic endeavors as well as laboratory experience. It is a curriculum area in general education in which children may create, experiment, design, and plan while dealing with issues related to technology.

(f) "Department" means the Department of Health, Education and Welfare.

(g) "Elementary school" means a school which provides elementary education, as determined under State law.

(h) "Equipment" eligible for purchase through approved projects means laboratory and other special equipment as defined in paragraph (j) of this section, including materials as defined in paragraph (1) of this section.

(i) "Fiscal year," as used with respect to reporting and accounting requirements, means the period beginning on the first day of July and ending on the following June 30. (The calendar year of the ending date is used to designate the fiscal year.)

(j) "Laboratory and other special equipment" means (1) fixed or movable articles, which are particularly appropriate for use in providing education in the critical subjects in a public elementary or secondary school and which are to be used either by teachers in connection with teaching or by students in learning in such subjects; (2) audiovisual equipment, such as projectors, recording equipment, television receivers and television tape recorders, to be used, either

by teachers in connection with teaching or by students in learning, primarily in providing education in the critical subjects in a public elementary or secondary school; (3) "materials" as defined in paragraph (1) of this section and devices (other than those used for printing, such as printing presses and offset printing machines) to be used for preparation of audiovisual and instructional materials for the critical subjects; (4) storage equipment to be used solely for the care and protection of the foregoing items when used in laboratories or classrooms; (5) testgrading equipment to be used primarily in providing education in the critical subjects in a public elementary or secondary school; and (6) specialized equipment for audiovisual libraries serving public elementary or secondary schools when such equipment is to be used primarily in providing education in the critical subjects. (The term excludes such items as general-purpose furniture, radio or television broadcasting apparatus, school public address systems, or items for the maintenance and repair of equipment. However, the term does include equipment for maintenance and repair of materials in audiovisual libraries.)

(k) "Local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or other political subdivision in a State, or any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(1) "Materials" means those items which with reasonable care and use may be expected to last for more than one year and are suitable for and are to be used in providing education in the critical subjects in an elementary or secondary school. The term includes such items as tapes and discs; slides and transparencies; films and filmstrips; books, pamphlets, and periodicals; and other printed and published materials such as maps, globes, and charts. The term does not include such items as textbooks (as defined in paragraph (u) of this section) or chemicals and other supplies which are consumed in use.

(m) "Minor remodeling" means those minor alterations in a previously completed building in space used or to be used as a laboratory or classroom for

education in the critical subjects which are needed to make effective use of equipment in providing education in such subjects. The term also includes those minor alterations in a previously completed building which are needed to make effective use of the items referred to in subparagraphs (5) and (6) of paragraph (j) of this section. The term may also include the extension of utility lines, such as for water and electricity, from points beyond the confines of the space in which the minor remodeling is undertaken but within the confines of such previously completed building, to the extent needed to make effective use of equipment. The term does not include building construction, structural alterations to buildings, building mainte nance, repair or renovation.

(n) "Project," as applied to the acquisition of laboratory or other special equipment or minor remodeling, means (1) a proposal submitted by a local educational agency, or agencies, or other public school authority below the State level, or (2) in cases where the State educational agency operates one or more public elementary or secondary schools or audiovisual libraries, a proposal submitted by the highest administrative officer of such school or audiovisual IIbrary. Such a proposal shall contain: (i) Itemized description and current cost estimates of the equipment to be acquired or minor remodeling to be performed; (ii) certification that the equipment is to be used primarily for providing education in the critical subjects, except that in the case of storage equipment the certification shall be to the effect that the storage equipment will be used solely for the care and protection of equipment and materials used in providing such education; and (iii) information showing the direct relationship of the proposed expenditures to the overall design for enriching the planned educational program and the achievement of desired curriculum goals in the critical subjects.

(o) "Public," as applied to any school or institution, includes a school or institution of any agency of the United States, except that no such school or institution shall be eligible to receive any grant, loan, or other payment under the Act.

(p) "School" means a division of instructional organization consisting of a group of pupils comprised of one or more grade groups, organized on a class basis

as one unit with one or more teachers to give instruction of a defined type, and housed in a school plant of one or more buildings. More than one school may be housed in one school plant as when elementary and secondary schools are so housed.

(q) "Secondary school" means a school which provides secondary education, as determined under State law. The term does not include any education provided beyond grade 12 except that it may include a public junior college when it is a part of or an extension of the secondary school system of the State as determined under State law.

(r) "Services": (1) "Supervisory services" means the services rendered by a qualified person in the promotion, maintenance, and improvement of instruction in one or more of the critical subjects. (2) "Related services" means those technical activities which support supervisory services in the critical subjects.

(s) "State" means a State of the Union, Puerto Rico, the District of Columbia, the Canal Zone, Guam, American Samoa, or the Virgin Islands.

(t) "State educational agency" or "State 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 officer or agency, an officer or agency designated by the governor or by State law.

(u) "Textbook" means a book or workbook, or manual, which is used as the principal source of study material for a given class or group of students, a copy of which is expected to be available for the individual use of each pupil in such a class or group of students. (Sec. 17, 80 Stat. 1245, 20 U.S.C. 443 (a)) [30 FR. 7, Jan. 1, 1965, as amended at 31 F.R. 824, Jan. 21, 1966; 32 F.R. 4162, Mar. 17, 1967] Subpart B-State Plan-General Provisions

§ 141.2 State plan.

(a) Purpose. A basic condition for the payment of Federal funds to a State under sections 301-304 of the Act is a State plan meeting the requirements of sections 303 (a) and 1004 (a) of the Act by providing (1) a program under which funds paid to the State from its allotment under section 302(a) will be expended solely for projects approved by

the State educational agency for the acquisition of laboratory and other special equipment suitable for use in providing education in the critical subjects; (2) principles for determining the priority of projects and provisions for undertaking projects in accordance therewith; (3) for an opportunity to an aggrieved project applicant for a hearing before the State agency; (4) for the establishment of standards for equipment to be acquired under the program; (5) a program under which funds paid to the State from its allotment under section 302(b) will be expended solely for expansion or improvement of supervisory or related services in the public elementary and secondary schools in the critical subjects, and for administration of the State plan; (6) that the State agency will be the sole agency for administering the plan; (7) that the State agency will make such reports as the Commissioner deems necessary; and (8) for fiscal control and fund accounting procedures as specified in these regulations.

(b) Effect of State plan. The plan. when approved by the Commissioner, shall constitute the basis on which Federal grants will be made, as well as a basis for determining the propriety of State and local expenditures in which Federal participation is requested.

(c) Submission. The State plan and all amendments thereto shall be submitted to the Commissioner by a duly authorized officer of the State educational agency. The plan shall indicate the official or officials authorized to submit plan material.

(d) Amendments. The administration of the programs shall be kept in conformity with the approved State plan. Whenever there is any material change in the content or administration of a program, or when there has been a change in pertinent State law or in the organization, policies, or operations of the State educational agency affecting a program under the plan, the State plan shall be appropriately amended.

(e) Certificate of the State educational agency or appropriate State legal officer. The State plan and all amendments thereto shall include as an attachment a certificate of the officer of the State educational agency authorized to submit the State plan to the effect (1) that the plan or amendment has been adopted by the State agency and that the plan, or plan as amended, will con