ing: (a) Provides for the employment of additional qualified personnel to render such services; (b) provides for rendering additional or improved services to local educational agencies; (c) extends - the services already being rendered to 1. more local educational agencies.

§ 141.33 Time basis for measurement of activities.

Whether a program is an "expansion" or "improvement" of an existing program will, for the fiscal year 1959, be measured against the activities being carried on by the State educational agency prior to September 2, 1958. For those States which first submit plans after fiscal year 1959, and with respect to additional programs submitted after fiscal year 1959, improvement or expansion in such pro11grams will be measured against the activities being carried on by the State educational agency prior to the first day of the fiscal year in which the program is submitted for approval. (See § 141.32.) § 141.34 Eligible costs.

(a) Types. The cost of administration, and of supervisory and related services, in which Federal participation may be claimed includes such categories of expense as the following, to the extent that the items of cost are attributable E to the programs approved under the State plan: (1) Salaries of the staff, both clerical and professional; (2) consultants' fees; (3) expenses of committees, workshops and conferences, including the travel of those representing the State agency or acting in an advisory capacity to it; (4) contractual services consistent with State laws and regulations and the State plan, provided such services do not result in the relinquishing by the State agency of any part of its responsibility for the supervisory and E related services program; (5) office - equipment and equipment necessary for State programs of supervision of instruction in the critical subject fields; (6) communication; (7) supplies, printing, I and printed materials; (8) rental of office space as provided in paragraph (b) of this section; (9) employer's con

tributions to retirement, workmen's compensation, and other welfare funds maintained for one or more general classes of employees of the State agency; and (10) travel of staff and consultants.

(b) Office space. Federal financial participation will be available in expenditures for rental of office space (including the cost of utilities and janitorial services) in privately or publicly owned buildings if: (1) The expenditures for the space are necessary, reasonable, and properly related to the efficient administration of the plan or the expansion or improvement of supervisory or related services covered by the plan; (2) the State agency will receive benefits during the period of occupancy commensurate with such expenditures; (3) the amounts paid by the State agency are not in excess of comparable rental in the particular locality; (4) the expenditures represent an actual cost to the State agency; and (5) in the case of publicly owned buildings, like charges are made to other agencies occupying similar space.

§ 141.35 Transition provisions.

(a) State plan. A State plan approved prior to the promulgation of these revised regulations remains in effect through June 30, 1965, unless prior to June 30, 1965, the State plan is revised to be in accord with these revised regulations. After June 30, 1965, in order for a State to receive payments under Title III of the Act, the State plan must have been revised to be in conformity with the revised regulations.

(b) Equipment and minor remodeling eligible for Federal financial participation. A State educational agency may approve projects for the acquisition, with Federal financial participation, of items of equipment, or for minor remodeling, for education in critical subjects only to the extent that equipment or minor remodeling for such critical subjects are covered by the State plan current at the time of project approval. Subpart H-The Humanities and the Arts

SOURCE: The provisions of this Subpart H appear at 31 F.R. 824, Jan. 21, 1966, unless otherwise noted.

§ 141.50 Acquisition of equipment and minor remodeling for instruction in the humanities and the arts.

(a) Funds appropriated pursuant to section 12 of the National Foundation on the Arts and the Humanities Act of 1965 (Public Law 89-209) will, after the reservation of an amount not in excess of 2 per centum thereof for allotment among Puerto Rico, Guam, American Samoa, and the Virgin Islands and after the reservation of 12 per centum for loans authorized by section 12(f) of that Act, be allotted and reallotted among the several States of the Union and the District of Columbia in the same manner as is provided for in subsections (a) and (c) of section 302 of the National Defense Education Act of 1958. The amount so reserved for allotment among Puerto Rico, Guam, American Samoa, and the Virgin Islands will be so allotted by the Commissioner according to their respective needs for the type of assistance authorized to be furnished. Payments pursuant to such allotments will be made in the same manner as is provided for in section 304 of said National Defense Education Act of 1958.

(b) Funds allotted under paragraph (a) of this section will be available for the acquisition of equipment and minor remodeling for strengthening instruction in the humanities and the arts in the same manner as funds appropriated pursuant to the first sentence of section 301 of the National Defense Education Act of 1958 are made available under Subparts A through E of this Part 141 for the acquisition of equipment and minor remodeling for strengthening instruction in the critical subjects.

(c) Funds allotted under paragraph (a) of this section shall not be available for the providing of supervisory and related services in the fields of the humanities and the arts.

§ 141.51 Amendment of State plans to include the humanities and the arts. A State plan approved by the Commissioner as fulfilling the requirements of section 303 of the National Defense Ed

ucation Act of 1958 may be amended by the State educational agency to provide for a program under section 12 of Public Law 89-209 for the acquisition of equipment and minor remodeling for strengthening instruction in the humanities and the arts. The Federal funds available for such a program will be those appropriated pursuant to section 12 of Public Law 89-209. Such a program will be subject to the regulations in Subparts A through E of this part in the same manner as those regulations are applicable to a program under section 303 of the National Defense Education Act of 1958 with respect to the acquisition of equipment and minor remodeling for strengthening instruction in the critical subjects. The regulations in this part relating to the administration of a State plan under section 303 of the National Defense Education Act of 1958 are applicable to the administration of a State plan as amended to provide for a program under section 12 of Public Law 89-209. The funds appropriated pursuant to the second sentence of section 301 of the National Defense Education Act of 1958 for the administration of such a State plan are available for the administration of the State plan as so amended. None of the provisions of the regulations in this part authorize the payment of Federal funds for supervisory and related services in the fields of the humanities and the arts. Definitions. § 141.52

As used in this subpart:

(a) The term "the humanities" includes, but is not limited to, the study of the following: Language, both modern and classic; linguistics, literature; history, jurisprudence; philosophy; archeology; the history, criticism, theory, and practice of the arts; and those aspects of the social sciences which have humanistic content and employ humanistic methods.

(b) The term "the arts" includes, but is not limited to, music (instrumental and vocal), dance, drama, folk art, creative writing, architecture and allied fields, painting, sculpture, photography,

AUTHORITY: Subparts A through D issued under secs. 303 (a), 1001, 72 Stat. 1589, 1602, 20 U.S.C. 443-444, 581; sec. 305, 72 Stat. 1602, 40 U.S.C. 445; Subpart G 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 142 appear at 30 F.R. 994, Jan. 30, 1965, unless otherwise noted.

Subpart A-Scope of Section 305

§ 142.1 Purpose of loan program.

The Federal Government makes loans available under the provisions of section 305 of the Act to eligible private nonprofit elementary and secondary schools

As used in this part:

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

(b) "Application” means a request to borrow funds from the United States under section 305(b) of the Act, submitted to the Commissioner in such form as he may require.

(c) "Audiovisual library" means a facility controlled and operated by a school or a group of schools under a school system for the collection, custody, cataloging, maintenance, and distribution of audiovisual materials for education in the critical subjects in elementary or secondary schools.

(d) "Commissioner" means the U.S. Commissioner of Education, Department 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 U.S. 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 U.S. government.

(5) "Geography" means the study of the spatial distributions and relationships on the earth's surface of those 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, polictical, 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 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 pro

gram.

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 school which provides elementary education, as determined under State law.

(h) "Equipment" means laboratory and other special equipment as defined in paragraph (i) of this section, including materials as defined in paragraph (j) of this section.

(i) "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 an 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 an elementary or secondary school; (3) "materials" as defined in paragraph (j) 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) test-grading equipment to be used primarily in providing education in the critical subjects in an elementary or secondary school; and (6) specialized equipment for audiovisual libraries serving 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.)

(j) "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 (r) of this section) or chemicals and other supplies which are consumed in use.

(k) (1) "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 (i) 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 maintenance, repair, or renovation.

(2) Minor remodeling may be done in a building owned by or under lease to the applying school. If the building is leased, the leasehold interest shall be sufficient in the light of the cost of the remodeling to be accomplished with loan funds.

(1) "Nonprofit," as applied to a school, means a school owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any shareholder or individual.

(m) "Private," as applied to a school, means a school which is established by an agency other than a State or & political subdivision or any combination of either or both, and which is supported in whole or in part by other than public funds and is administered and controlled by other than publicly elected or appointed officials.

(n) "Project" means a proposal by a school, as detailed in a loan application, to strengthen instruction in the critical subjects through the acquisition of laboratory and other special equipment or minor remodeling.

(o) "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.

(p) "Secondary school" means a school which provides secondary education, as determined under State law, except that the term does not include any education provided beyond grade 12.

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