Page images

(10) rental of office space as provided 8 143.28 Conduct of supervisory or re in paragraph (c) of this section; (11)

lated services. employer's contributions to retirement, The State educational agency may set workmen's compensation, and other wel

forth provisions in the plan, which are fare funds maintained for one or more

not inconsistent with its supervisory regeneral classes of employees of the State

sponsibilities, to conduct, in part, proagency; (12) machine processing of ad

fessional supervisory and related servministrative and program data; and (13)

ices in public elementary or secondary travel expenses of staff and consultants.

schools by: (a) Utilizing local educa. (c) Office space. Federal financial

tional agencies or other public agenparticipation will be available for ex cies to conduct certain of the activities penditures for office space (including the specified in § 143.25(a), § 143.26, § 143.27; cost of utilities and janitorial services) and (b) providing for the establishment in privately or publicly owned buildings of cooperative arrangements among if: (1) The expenditures for the space units of the State agency, or between the are necessary, reasonable, and properly agency and other public agencies or related to the efficient administration

private agencies or organizations, which of the plan programs of guidance and will provide maximum opportunity for counseling, and testing, or for super the utilization of all available resources visory or related services; (2) the State to improve the quality of guidance and agency will receive benefits during the counseling, and testing, programs under period of occupancy commensurate with the plan. such expenditures; (3) the amounts paid by the State agency are not in ex

Subpart F- Program for Testing cess of comparable rental in the particu

Aptitudes and Ability lar locality; (4) the expenditures represent an actual cost to the State agency;

§ 143.29 Purposes of testing program and (5) in the case of publicly owned The State plan shall provide for a testbuildings, like charges are made to other ing program to identify students with agencies occupying similar space.

outstanding aptitudes and abilities in

public elementary and secondary schools, § 143.26 Studies, investigations, and

including at least one test not above demonstrations.

grade 12, and may extend it to students Expenditures may be made under the in public junior colleges and technical plan to determine, evaluate, and dem

institutes, which program shall, if au. onstrate: (a) Local or State guidance

thorized by law, also be extended to stuand counseling, and testing, needs; (b)

dents in other elementary and secondary the effectiveness of procedures in guid

schools and other junior colleges and ance and counseling, and testing; and

technical institutes. Such a program (c) the results of program operations.

shall: (a) Provide such information Expenditures for such services are allow

about the aptitudes and abilities of stuable expenses to the extent that they fall

dents as may be needed in connection within the categories of allowable ex

with the counseling and guidance propenses specified in § 143.25(b).

gram under the plan (see § 143.33); and

(b) provide such information as may be § 143.27 Professional personnel.

needed to assist other educational or

training institutions and prospective emThe Federal Government will partici

ployers in assessing the educational and pate with respect to those categories of

occupational potential of students seek expense that are set forth in § 143.25(b), ing admission to educational or trainin the cost of supervisors, consultants, ing institutions or employment. or instructors used by the State agency in the conduct of professional activities,

§ 143.30 Testing defined. including conferences and workshops:

"Testing," as used in section 503(a) (1) (a) To develop, improve and strength

of the Act, means the use of tests which en the conduct and quality of guidance

measure abilities from which aptitudes and counseling, and testing, programs;

for the individual's educational or ca and (b) to develop materials, procedures,

reer development validly may be inferred. and techniques to improve the quality

$ 143.31 Conduct of testing program. and conduct of guidance and counseling, (a) Utilizing other agencies. In adand testing, programs.

ministering the testing program, the

State educational agency may: (1) Uti and in the other participating schools, lize local agencies to conduct the testing junior colleges and technical institutes. program under State supervision; (2) provide for a testing program to be

Subpart G-Guidance and planned and administered by a local

Counseling Programs agency under the plan; and (3) con

§ 143.33 Scope and purposes. tract with public or private institutions or agencies, or with individuals for sery

(a) Guidance and counseling proices (e.g., machine scoring of tests and grams which are established, maintained reporting of test results) which are not

or extended under the plan shall serve inconsistent with its responsibilities.

(1) to advise students, in public ele(b) Expenditures of local agencies.

mentary and secondary schools or public If the State agency conducts a testing

junior colleges and technical institutes, program under the provisions of subpar

regarding courses of study best suited to agraph (1) or (2) of paragraph (a) of

their ability, aptitudes, and skills; (2) this section, expenditures otherwise ap

to advise students relative to their depropriate are subject to Federal partici

cisions as to the type of educational propation when made by the local agency

gram they should pursue, the vocation for (1) the purchase or rental of tests,

they should train for and enter, and the answer sheets, profile sheets, cumula

job opportunities in the various fields; tive record forms, and such other mate

and (3) to encourage students with outrials as may be necessary under the plan;

standing aptitudes and ability to com(2) the rental of equipment for scoring,

plete their secondary school education, processing, and reporting the results of

take the necessary courses for admission tests administered under the plan or, if

to institutions of higher education, and owned by State or local agencies, the

enter such institutions. pro-rata share of the cost of maintain

(b) Such programs shall provide asing and operating such equipment; or

sistance, appropriate to the educational (3) contractual services, not inconsist

levels of the students, by (1) assessing ent with State and local responsibilities,

the abilities, aptitudes, interests, and for machine scoring of tests and report

educational needs of each student; (2) ing of test results.

developing understandings of educa

tional and career opportunities and re$ 143.32 Plan requirements for testing quirements; (3) helping students, diprograms.

rectly and through their parents and The plan shall describe the primary teachers, to achieve educational and objectives of the program, including career development commensurate with procedures for providing each local edu their abilities, aptitudes, interests and cational agency, nonpublic elementary opportunities; and (4) interpreting stuor secondary school, junior college, and

dent needs for expanded or modified technical institute (to the extent that

educational activities. they enroll students in the grade levels (c) Such programs shall include the covered by the plan testing program and

following guidance and counseling acare not excluded from participation pur

tivities to the extent that they are carsuant to $ 143.4) with an opportunity to

ried out by utilizing procedures and participate, and shall provide for an techniques appropriate to the educanual reviews by the State agency of

tional levels of the students and are progress toward meeting such objectives. directed toward the achievement of the The plan shall describe the provisions

foregoing purposes: for carrying out the program, including:

(1) Collecting, organizing, and inter(a) The types of tests to be utilized for

preting such information as may be apthe measurement of aptitudes and abili

propriate to the understanding of the ties; (b) the grade level of students to

student's abilities, aptitudes, interests, be tested; and (c) the procedures to be

and other personal assets and liabilities

related to educational readiness and utilized in the selection and administra

progress and to career planning and tion of tests with the view of obtaining

development; optimum benefits from such tests. The

(2) Making available to the student plan shall provide that the program will and his parents such educational and be made available to all students in the career information as may be essential specified grades in the schools of the for them to understand the educational participating local educational agencies process and the various educational and

career opportunities and requirements related to the choice of an educational program and a career;

(3) Providing individual counseling (1) to help the student and his parents develop a better understanding of the student's educational and occupational strengths and weaknesses; (ii) to help the student and his parents relate his abilities and aptitudes to educational and career opportunities and requirements; (iii) to help the student, with the assistance of his parents, make appropriate educational plans, including the choice of courses and the choice of an institu

of higher education; (iv) to stimulate desires in the student to utilize his abilities in attaining appropriate educational and career goals; and (v) to provide the student, directly or through arrangements with other appropriate resources, with such assistance as may be needed for the development of his aptitudes and the full utilization of his abilities;

(4) Providing services to encourage and assist students in making educational transitions, such as placement in the next educational level, and in securing appropriate employment during and upon completion of the educational program;

(5) Providing such group activities as may be necessary to orient students and their parents to the (i) school program including its offerings, services, and requirements; (ii) educational opportunities and requirements at the next level; and (iii) career opportunities and requirements;

(6) Providing to teachers and school administrators such assistance and information about individual students or groups of students as may be necessary to enable them to plan and implement curricular and instructional programs and services which will afford students maximum and equal opportunity for educational development, and which will be consistent with the manpower needs of the State and the Nation; and

(7) Collecting and analyzing such information as may be needed to evaluate the guidance and counseling program and to provide such guidance information as may be available and needed to evaluate the school's program in terms of the educational needs of the students and of the State and the Nation.

& 143.34 Categories of expenditures ap

plicable to approved local guidance

and counseling programs. Categories of allowable expenditures for the supervision and operation of local guidance and counseling programs approved by the State educational agency under the standards and procedures established pursuant to $ 143.35(a) in public elementary and secondary schools or public junior colleges and technical institutes include the following:

(a) Salaries and necessary travel expenses of local school guidance personnel to the extent that they are engaged specifically in activities under the plan and within the scope of the activities listed in $ 143.33 or in accordance with State plan provisions authorized by 143.28. The employer's contribution to retirement, workmen's compensation, or other welfare funds maintained for one or more general classes of employees of the local agency may be included.

(b) Salaries of clerical personnel assisting local guidance personnel engaged in the operation of a local guidance and counseling program under the plan.

(c) The purchase and maintenance of office equipment necessary to meet the plan requirements with respect to professional guidance and counseling activities.

(d) The purchase of such materials (including library source materials) and supplies as may be necessary to fulfill the functions of the guidance and counseling program under the plan.

(e) Necessary travel expenses for local guidance personnel engaged in plan activities to participate in such professional activities, including conferences and workshops, as may be approved under the plan by the State educational agency. 8 143.35 Plan requirements applicable

to guidance and counseling pro

grams. (a) The plan shall set forth a program for guidance and counseling in public elementary and secondary schools, and may provide for such a program in public junior colleges and technical institutes, and shall include the following items, differentiated with respect to such types of schools or institutions where appropriate:

(1) Procedures to be employed by the State educational agency in the initial and succeeding approvals of local guid

26 and 143.33, and describe the conditions under which the State will establish such programs including provisions for State supervision, evaluation, and reports to the Commissioner. $ 143,36 Transition provisions.

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 V-A of the Act, the State plan must have been revised to be in conformity with the revised regulations.

ance and counseling programs for participation under the plan and the methods to be used in the conduct of the professional reviews of such programs pursuant to § 143.8.

(2) Minimum professional standards to be employed by the State educational agency for approval of local guidance and counseling programs with respect to (i) a testing program which fulfills the purposes established in § 143.29; (11) the guidance and counseling activities to be provided and the grade levels of students who are to be the participants in such activities; (iii) the duties of and qualifications for local guidance and counseling positions; (iv) the ratio of students to each full-time local guidance and counseling position or its equivalent filled by a person performing the duties and meeting the qualifications called for by subdivision (iii) of this subparagraph; and (v) the physical facilities, equipment, and materials to be available for the conduct of guidance and counseling activities under the plan.

(3) Professional standards recommended by the State agency for local guidance and counseling programs, in the areas of minimum standards established under subparagraph (2) of this paragraph, with a description of such steps as may be required to meet such recommended professional standards.

(4) Supervisory methods and procedures to be employed in local guidance and counseling programs under the plan.

(5) Coordination methods and procedures to provide assurance of appropriate relationships between the local guidance and counseling program under the plan, and other related services available to students.

(6) Categories of expenditures in local guidance and counseling programs ($ 143.34) to be included by the State educational agency as a part of the total amount expended to earn its allotment under section 502(a) of the Act.

(b) The State plan may also provide for the establishment of guidance and counseling programs designed to meet special needs of students or unusual circumstances in the community in which the local agency is located, such as cultural differences, economic deprivation, dropouts, and youth unemployment. The plan shall provide that any such special programs be consistent with $$ 143.


STUDENT LOAN PROGRAM Sec. 144.1 Policy and purposes of the National

Defense Student Loan Fund Pro

gram. 144.2 Definitions. 144.3 Allotment and reallotment of Fed

eral capital contributions to States. 144.4 Institutional applications. 144.5 Federal institutional

loan agreements. 144.6 Allocation and payment of Federal

capital contributions and Federal

institutional loans. 144.7 Eligibility and selection of loan re

cipients. 144.8 Advancement and repayment of

loans. 144.9 Oath or affirmation. 144.10 Provisions for loan cancellations. 144.11 Fiscal. 144.12 Compliance by institutions. 144.13 Preceding provisions not exhaustive

of jurisdiction of the Commis

sioner. AUTHORITY: The provisions of this Part 144 issued under secs. 201 to 209, 72 Stat. 158387, as amended, 20 U.S.C. 421-429.

SOURCE: The provisions of this Part 144 appear at 31 F.R. 7463, May 24, 1966, unless otherwise noted. § 144.1 Policy and purposes of the Na

tional Defense Student Loan Fund

Program. The National Defense Education Act of 1958, Public Law 85–864 (amended), affirmed the need to identify and educate more of the Nation's talented young men and women, and to develop programs through which the fullest development

of their mental resources and technical lawfully inure, to the benefit of any skills may be realized. Title II of the private shareholder or individual. Act initiates the National Defense Stu (f) Commissioner. The term "Comdent Loan Program, under which Na missioner" means the Commissioner of tional Defense Student Loan Funds will Education. be established at participating institu (g) State educational agency. The tions of higher education throughout the term “State educational agency" means United States for the purpose of making the State board of education or other long-term, low-interest loans to quali agency or officer primarily responsible fied students who are in need of such for the State supervision of public elefinancial assistance in order to pursue mentary and secondary schools, or, Ľ at least a half-time course of study at there is no such officer or agency, a. such institutions. The Program includes officer or agency designated by the gov. provisions designed to encourage addi ernor or by State law. tional education on the part of students (h) Local educational agency. The with a superior academic background. term “local educational agency" means The Program also includes provisions de a board of education or other legally signed to attract an additional number constituted local school authority having of superior students to the teaching pro administrative control and direction of fession for service at the elementary and public elementary or secondary schools secondary school levels and at institu in a city, county, township, school distions of higher education.

trict, or political subdivision in a State § 144.2 Definitions.

or any other public institution or agency

having administrative control and direc(a) The Act. “The Act” means the

tion of a public elementary or secondary National Defense Education Act of 1958, school. Public Law 85–864, 20 U.S.C. Chapter (1) Bachelor's degree. "Bachelor's 17 as amended.

degree" means a degree which requires (b) State. The term “State" for pur completion by the recipient of a total of poses of this part, means a State, Puerto not less than the equivalent of 4 years Rico, the District of Columbia, the Canal of academic study at the college (InZone, Guam, American Samoa, or the cluding graduate and professional Virgin Islands.

school) level. (c) Institution of higher education. (j) Institutional application to par. "Institution of higher education" or "in ticipate in the National Defense Student stitution" means an educational insti

Loan Program. An "institutional applitution in any State which meets the cation to participate in the National requirements set forth in section 103(b)

Defense Student Loan Program" consists of the Act. The term "educational institution" limits the scope of this definition (1) A proposed agreement between to establishments at which teaching is the Commissioner and the institution conducted and which have an identity of pursuant to section 204 of the Act for their own. The separate identity of such payment of Federal capital contributions establishments is generally reflected by into a National Defense Student Loan their being incorporated or chartered for Fund at such institution; such purposes in their own right, or by (2) An application in such form as the their receiving a separate listing in Part Commissioner may require, for a Federal III of the Office of Education "Education

capital contribution pursuant to section Directory".

203 of the Act; and (d) Public. The term "public" as ap (3) If the institution's capital conplied to any school or institution in tribution is to be financed in whole or in cludes a school or institution of any part through a Federal institutional agency of the United States, except that loan, an application in such form as the no such school or institution shall be

Commissioner may require, for a Fedeligible to receive any grant, loan or eral institutional loan. other payment under this Act.

(k) National Defense Student Loan (e) Nonprofit. The term "nonprofit," Fund. “National Defense Student Loan as applied to a school or institution, Fund" or "Fund" means the fund means a school or institution owned and established pursuant to section 204 of operated by one more nonprofit the Act at an institution with which the corporations or associations no part of Commissioner has executed an agreethe net earnings of which inures, or may ment, such fund being composed of Fed



« PreviousContinue »