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Federal Government or with funds ex charge for similar training and the cost pended for matching purposes under this of any additional supplies, textbooks, and or any other Federal program. All rental field trips necessary to training. costs of equipment shall be computed on (d) Proration of costs. Only costs a per year basis or fraction thereof in

attributable to the carrying out of the terms of comparable rental charges in provisions of the Agreement are allowthe community or locality for such equip able costs. Where only a portion of & ment and, if the equipment is used for total cost is attributable to carrying out other purposes, prorated to the training the provisions of the Agreement, only project use.

that portion which is allowable shall be (3) Rental of space (including the shown in the budget. Prorated salaries cost of utilities and custodial services) of

and wages must be documented to show shops, classrooms and laboratories if (1) time spent on carrying out provisions of the expenditures for the space are neces the Agreement and the percent of time sary, reasonable, and properly related

spent on each nonrelated activity. to the efficient conduct of training proj

(e) Date of allowable costs. Federal ects, (ii) a training project will be bene

financial participation will be available fited by the expenditures during the

only for expenditures incurred after the period of occupancy commensurate with

effective date of the approved training such expenditures, (iii) the amounts paid

project (as defined in § 160.4(d)) or the do not exceed comparable rental in the

approved budget for State direction and particular locality, (iv) the expenditures

supervision. (See § 160.4(b) and para. represent an actual cost attributable to

graph (a) (12) of this section.) the training project, and (v) in the case

(31 F.R. 5559, Apr. 8, 1966, as amended at 31 of publicly owned buildings, rental

F.R. 12101, Sept. 16, 1966) charges are not in excess of those made to other agencies occupying similar space

§ 160.7 Payment procedures. for similar purposes or, if no such (a) State agencies which have entered charges are made, the comparable rental into an Agreement with the Commisthat would be paid for such space in the sioner shall be entitled to withdraw funds particular locality. All rentals of space under a letter of credit issued by the shall be computed on a square foot basis Commissioner to the State. Withdrawper year or fraction thereof according als are made on the basis of payment to type of space and shall be prorated to vouchers in accordance with instructions space in any building to the extent con furnished to the State for use of the letstructed with funds obtained from the ter of credit. The State is authorized to Federal Government or with funds ex issue payment vouchers against the letpended for matching purposes under ter of credit only upon oficial notificaany Federal program is not an allowable tion from the Commissioner that a parcost beyond the cost of utilities and cus ticular project has been approved and todial services.

that funds necessary for the project may (4) Transportation of local supervisors be withdrawn. in carrying out supervisory responsibil (b) If the actual costs incurred in ities in connection with approved train completing a project or stage of a projIng projects;

ect are less than the estimated costs (5) Minor remodeling of public build which constituted the Commissioner's Ings necessary to make existing space basis for the determination of the suitable for training purposes with allow amount of the Federal funds committed able costs not to exceed 10 percent of the to the cost of the project or stage thereof total budget for each training project; completed, the amount of the next (6) Accident or liability insurance for

ensuing letter of credit shall be reduced trainees or employees to the extent it is

accordingly or the amount of unexpended the policy of the school district to provide such insurance in similar programs;

Federal funds remaining at the time of (7) Transportation of trainees for in

the completion of the project shall be restructional purposes, such as field trips;

funded to the United States as an over(8) Audits of projects performed payment. under $ 160.9(b).

(c) Notice of cancellation of a specific (c) Training by private institutions. project or a decrease in the amount origIn the case of projects in private edu inally approved for a specific project cational and training institutions the shall automatically preclude the State allowable cost shall be the regular tuition from drawing a payment voucher for

such project in an amount in excess of equipment sold or diverted to uses inthe amended approval.

consistent with carrying out the agree$ 160.8 Effect of payments.

ment as described in $ 160.10(b) (2). Neither the approval of any project or

$ 160.10 Equipment and teaching aids. administrative budget nor any advance (a) Equipment and teaching aids puror other payment made to the State chased by State (1) Title to equipment agency pursuant thereto shall be deemed and teaching aids purchased by a State to waive the right or duty of the Com or local educational agency with funds missioner to withhold funds by reason of to carry out the provision of the agreethe failure of the State agency to observe, ment shall vest only in the State and not before or after such administrative in a local educational agency or any other action, any Federal requirement.

agency or institution. So long as the $ 160.9 Fiscal procedures.

Act is in force, such equipment and

teaching aids shall not be disposed of by (a) The State agency may make pay the State without the consent of the ments in advance or by way of reim Department, and shall be made available bursement to agencies or institutions by the State agency during their useful conducting training projects under the lives for the purpose of carrying out the Agreement. Except for tuition pay agreement, including the conduct of ments to private institutions such pay training projects other than those for ments shall be supported by statements which the equipment and teaching aids of expenditures, either made or pro were originally purchased. posed on forms provided by the Com (2) Whenever items of equipment, missioner.

each initially costing $50 or more, in (b) The State agency shall require which cost the Federal Government has each training institution or agency to participated, are sold or diverted to uses keep adequate records by budget classifi inconsistent with carrying out the agreecation of expenditures made for each ment prior to the expiration of the Act, training project. Where payment is to the Federal Government shall be credited be made on a reimbursable basis, prior to with its proportionate share of the value final settlement for a training project, of such equipment, the value being the State agency shall determine the cor determined on the basis of the sale rectness of account through an audit by price in the case of a bona fide sale or an appropriate State audit agency or on the fair market value in the case of staff or independent certified public ac diversion for uses other than the purpose countant. Such audits shall be con of carrying out the agreement. If such ducted in accordance with standards ap equipment is loaned to another party for proved by the Commissioner.

uses other than adult basic and voca(c) When the unit cost of equipment tional education which do not interfere is $50 or more, the State agency shall with its full use in carrying out the maintain an up-to-date inventory of (1) agreement, the Federal Government shall all equipment purchased as a part of be credited with its proportionate share a training project approved under the of the fair rental value of such use or, Act, (2) all equipment purchased for use in the case of a bona fide lease, the rent in State direction and supervision of prescribed in the lease arrangement. training, and (3) all equipment pur

(b) Federal personal property. Exchased for program development by other cess or other Federal personal property agencies. A separate inventory must be on loan from other Federal agencies is maintained for subparagraphs (1), (2), available, on a loan basis, to and through and (3) of this paragraph. All equip the State agency for use in training projment inventoried under this subpara ects. The right of possession only is graph must be clearly marked to identify granted; title to such property remains it as having been purchased with funds in the United States. The use of such provided under the Act. Such inven property is subject to the following contories shall be maintained (i) until the ditions: (1) The State agency shall expiration of the useful life of such maintain separate records of all excess equipment, (ii) until the State agency is or other Federal personal property renotified by the Department that the State ceived in such form and detail as will may sell such equipment, or (ili) until the permit the location and identification of Federal Government agrees to accept such property at any time; (2) the poscredit for its share of the value of the sessor shall be responsible for such prop

erty from the time of receipt or its re- adjustments have been made and the lease to the transportation agent, which- adjustments have been approved by the ever is earlier; and, (3) in the event of Commissioner. any loss or damage to any of such prop

$ 160.14 Fees and charges. erty, the State agency shall file such claim and/or institute and prosecute to No fees or charges are to be collected conclusion such proceedings as may be from trainees as a condition of enrollnecessary to recover, for the account of ment, participation, or completion of any the United States, the fair value of any approved training course of instruction. such property.

However, the cost of services or materials

for which such fees or charges are nor§ 160.11 Separate records.

mally made by the training agency to The State agency shall maintain ade- enrollees for similar training may be inquate records showing separately its ac- cluded as a separate item in the budget tivities under the agreement for (a) for each training project. State direction and supervision, (b) pro

§ 160.15 gram development by other agencies, and

Disposal of saleable items. (c) training projects. Such records will (a) State educational agencies shall indicate these activities as separate and

insure that if items produced from supdistinct from other activities of the State plies paid for in whole or in part with agency. The State agency also will in- Manpower funds, or otherwise resulting clude a provision in its arrangements for from Manpower training projects, are training with each public or private edu- disposed of, the disposition shall not incational agency or institution requiring volve the sale or resale of such items exthe maintenance of separate and distinct cept as may be specifically authorized by records showing the training activities the Commissioner. under the Act.

(b) State educational agencies shall

also insure that services rendered by $ 160.12 Evaluation.

trainees as a part of a Manpower trainThe State agency shall make provi- ing project will not have the effect of sion for periodic reviews and evaluations supplanting persons presently engaged of the training provided under the agree- in, or available for, employment in conment. Such evaluations shall include nection with supplying such services. the State agency's recommendations for

$ 160.16

In-kind matching. improvement and the need for continuing such training. Reports containing

The total dollar value of in-kind such reviews and evaluations shall be matching, whether of plant, equipment, submitted by the State agency to the

and/or services, shall be computed anCommissioner at such times as he may nually on a statewide basis for the fiscal request.

year involved, and is allowable not in

excess of one-ninth of the Federal pay§ 160.13 Records retention.

ments towards all allowable costs under (a) The State agency shall provide for the Agreement (State direction and sukeeping accessible and intact all records pervision, training by public agencies or supporting claims for Federal funds or institutions and, to the extent matching relating to the accountability of a State is required, training by private instituagency for expenditure of such funds tions). and relating to the expenditure of its (31 F.R. 12101, Sept. 16, 1966) share of the costs of providing training under the Act:

PART 166—FINANCIAL ASSISTANCE (1) For 3 years after the close of the fiscal year in which the expenditure was

FOR ADULT EDUCATION PROGRAMS made by the State agency or any public

Subpart A-Definitions or private educational agency or institu

Sec. tion; or

166.1 Definitions. (2) Until the State agency is notified Subpart B-State Plan Purposes and Provisions of the completion of the Federal fiscal 166.2 State plan purposes. audit, whichever is later.

166.3 State agency. (b) The records involved in any claim

166.4 Custody of funds.

166.5 Organization. or expenditure which has been ques

166.6 Personnel. tioned by the Federal fiscal audit shall

166.7 State and local advisory committees. be further maintained until necessary 166.8 Program.

Sec.

Sec. 166.9 Program criteria.

166.78 Reports.
166.10 Cooperative arrangements between 166.79 Patents and copyrights.

State educational agency and State
health authority.

AUTHORITY: The provisions of this Part 166 166.11 Cooperation in antipoverty efforts.

issued under sec. 310(c), 80 Stat. 1220, 20

U.S.C. 1210. 166.12 Special projects, teacher training and research.

SOURCE: The provisions of this Part 166 166.13 State fiscal control and accounting appear at 32 F.R. 6276, Apr. 21, 1967, unless procedures.

otherwise noted. 166.14 Disbursement of funds. 166.15 Policies and procedures for State

Subpart A-Definitions agency administrative review and

§ 166.1 Definitions. evaluation. 166.16 Reports.

As used in this part: 166.17 Amendment.

(a) “Act" means the Adult Education 166.18 Certification of the State plan.

Act of 1966 (Title III of P.L. 89–750, 80 Subpart C-Federal Financial Participation Stat. 1191; 20 U.S.C. 1201-1213).

(b) "Adult” means 166.25 Federal payments to a State.

any individual 166.26 Approval of State plan.

who has attained the age of 18 and is not 166.27 Effective dates of State plan and currently enrolled in school. amendments.

(c) "Adult basic education" means 166.28 Condition precedent to receiving education for adults whose inability to Federal funds.

speak, read, or write the English lan166.29 Limitations. 166.30 Allotment availability.

guage constitutes a substantial impair166.31 Reallotments.

ment of their ability to get or retain em166.32 Federal and State shares of eligible ployment commensurate with their real expenditures.

ability, which is designed to help elimi166.33 State laws governing expenditures. nate such inability and raise the level of 166.34 Determination of fiscal year's allot education of such individuals with a view

ment to which an expenditure is to making them less likely to become de

chargeable. 166.35 Disposition of equipment.

pendent on others, to improving their 166.36 Proration of costs.

ability to benefit from occupational 166.37 Adjustments.

training and otherwise increasing their 166.38 Interest on Federal funds.

opportunities for more productive and 166.39 Fiscal audits.

profitable employment, and to making 166.40 Retention of records.

them better able to meet their adult re166.41 Eligible costs.

sponsibilities. 166.42 Effect of Federal payments.

(d) "Adult education" means services 166.43 Noncompliance. 166.44 Right to hearing and judicial review.

or instruction below the college level (as 166.45 Termination of program,

determined by the Commissioner), for 166.46 Transition provisions.

adults who, 166.47 Reports.

(1) Do not have a certificate of gradu166.48 Patents and copyrights.

ation from a school providing secondary Subpart D-Grants for Special Experimental Dem education and who have not achieved an

onstration Projects and for Teacher-Training equivalent level of education, and Projects

(2) Are not currently enrolled in 166.60 Applicability.

schools. 166.61 Special projects.

(e) "Commissioner" means the U.S. 166.62 Teacher-training projects.

Commissioner of Education, Department 166.63 Applicants.

of Health, Education, and Welfare. 166.64 Application procedures.

(f) "Department” means the Depart166.65 Evaluation of applications.

ment of Health, Education, and Welfare. 166.66 Criteria.

(g) "Fiscal year” means the period be166.67 Federal financial participation. 166.68 Effective date of approved project.

ginning on the first day of July and end. 166.69 Payment procedure.

ing on the following June 30, and is 166.70 Effect of Federal payments.

designated by the calendar year in which 166.71 Fiscal and auditing procedures

the fiscal year ends. 166.72 Adjustments.

(h) “Local educational agency" means 166.73 Interest on Federal funds.

a public board of education or other pub166.74 Eligible costs.

lic authority legally constituted within 166.75 Proration of costs. 166.76 Retention of records.

a State for either administrative control 166.77 Disposition of equipment.

or direction of public elementary or sec

ondary schools in a city, county, town the State program to encourage the esship, school district, or other political tablishment or expansion of basic edusubdivision of a State, or such combina cational programs for adults to enable tion of school districts or counties as are them to overcome English language limrecognized in a State as an administra itations, to improve their basic education tive agency for its public elementary or in preparation for occupational training secondary schools; except that if there and more profitable employment, and to is a separate board or other legally con become more productive and responsible stituted local authority having admin citizens, and to provide the basis on istrative control and direction of adult which Federal payments are made education in public schools therein, such Therefore, in order to participate in the term means such other board or program described in this subpart, s authority.

State must submit to the Commissione (1) "Private nonprofit agency” means a State plan which meets the requirean agency, organization or institution ments of this subpart applicable to such no part of whose net earnings may legally program. inure to the benefit of any private share

$ 166.3

State agency holder or individual. (j) “Public agency" means an entity

The State plan shall give the officia established by a State or a political sub

name of the State educational agency division thereof supported in whole or in

which will be the sole agency for adminpart by public funds, and administered

istering the plan, and shall state the and controlled by publicly elected or

title of the official who is authorized to appointed officials.

submit the plan and amendments thereto (k) "School or department of divinity"

The State plan shall provide that the means an institution, or a department or

State agency will administer the State branch of an institution, whose program

plan. is specifically for the education of stu § 166.4 Custody of funds. dents to prepare them to become minis

The State plan shall provide for the ters of religion, to enter upon some other

receipt by the State Treasurer (or, if religious vocation, or to prepare them to

there be no State Treasurer, the officer teach theological subjects.

identified by title exercising similar func(1) "State" includes the District of

tions for the State) and for the proper Columbia, and (except for the purposes safeguarding of all Federal funds of section 305(a) of the Act) the Com

granted to the State under the Act. The monwealth of Puerto Rico, Guam, Ameri

State plan shall provide that all Federal can Samoa, the Trust Territory of the

funds so received shall be expended solely Pacific Islands, and the Virgin Islands.

for the purposes for which granted and (m) "State educational agency" or that any such funds not so expended "State agency" means the State board of

including funds lost or diverted to other education or other agency or officer pri

purposes, shall be paid to the U.S. Office marily responsible for the State super of Education. vision of public elementary and secondary schools, or if there is a separate State

$ 166.5 Organization. agency or officer primarily responsible for The State plan shall describe, by chart supervision of adult education in public or otherwise, the organization of the schools then such agency or officer may State agency, its unit functions, and the be designated for the purposes of the Act lines of authority between the State by the Governor or by State law. If no agency and agencies participating under agency or officer qualifies under the pre the State plan in order to assure coceding sentence, such term shall mean ordination of this and all other adult an appropriate agency or officer desig basic education programs within the nated for the purposes of the Act by the State both in developing and carrying Governor.

out the programs. Subpart B-State Plan Purposes and $ 166.6 Personnel. Provisions

The State plan shall contain a descrip$ 166.2 State plan purposes.

tion of the minimum qualifications of all The purposes of the State plan are to

professional personnel of the State

agency engaged in activities for which set forth the manner and procedures funds are used under the State plan under which the State will carry out Such minimum qualifications shall con

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