Page images
PDF
EPUB

a

school was formerly a white or a Negro school. school year we will no longer have separate You and your child may select any school schools for children of different races who you wish.

are in grades ---. The following year A choice of school is required for each all grades in our school system will be student entering one of the desegregated desegregated. Brades. These students cannot be enrolled Our desegregation plan has been accepted at any school next school year unless a choice by the U.S. Orice of Education un the of schools is made. This spring there will Civil Rights Act of 1964. be 30-day choice period, beginning The plan requires every student, or his 1966, and ending ---, 1966. parent, who will enter grades

to If your child will be entering a desegre choose the school the student will attend in gated grade, a choice form listing the avail.

the coming school year. It does not matter able schools and grades is enclosed. This

which school the student might have atform must be filled out and returned. You tended before, and it does not matter may mail it in the enclosed envelope, or whether that school was formerly a white or deliver it by hand to any school or to the

a Negro school. You and your child may address above any time during the choice select any school you wish. period. No one may require you to file your A choice of school is required for each choice form before the end of the choice

student entering one of the desegregated period. No preference will be given for

grades. These students cannot be enrolled choosing early during the choice period.

at any school next school year unless a choice No principal, teacher or other school of

of schools is made. ficial is permitted to influence anyone in

If your child will be entering desegregated making a choice. No one is permitted to

grade, a choice form listing the available favor or penalize any student or other per

schools and grades is enclosed. This form son because of a choice made. Once a choice

must be filled out and returned. You may is made it cannot be changed except for seri

mail it in the enclosed envelope, or deliver it ous hardship.

by hand to any school or to the address above Even though grades

are not de-
any time before

No one may resegregated this year, students in those grades

quire you to file your choice form beforo may transfer to, or enter, any school in the

that date. system if they meet any of the requirements

No principal, teacher, or other school oficial described in the last paragraph of the en

is permitted to influence anyone in making closed explanatory notice. If your child will

a choice. No one is permitted to favor or be entering one of those grades next year,

penalize any student or other person because there is enclosed with this letter a form

of a choice made. Once a choice is made, it which you may use if you or your child want

cannot be changed except for serious to transfer to another school under any of hardship. the conditions described in the last para Even though grades are not deseggraph of the notice.

regated this year, students in those grades Also enclosed is an explanatory notice gly may transfer to, or enter, any school in the ing full details about the desegregation plan. system if they meet any of the requirements It tells you how to exercise your rights under described in the last paragraph of the enthe plan, and tells you how teachers, school closed explanatory notice. If your child will buses, sports and other activities are being

be entering one of those grades next year, desegregated.

there is enclosed with this letter & form Your school board and the school staff will

which you may use if you or your child want

to transfer to another school under any of do everything we can to see to it that the

the conditions described in the last pararights of all students are protected and that

graph of the notice. our desegregation plan is carried out suc

Also enclosed is an explanatory notice glycessfully.

ing full details about the desegregation plan. Sincerely yours,

It tells you how to exercise your rights under

the plan, and tells you how teachers, school

Superintendent. buses, sports and other activities are being ATTACHMENT 9—TEXT FOR LETTER TO PARENTS

desegregated. FOR USE AFTER 30-DAY SPRING CHOICE PE

Your School Board and the school staff will RIOD (REQUIRED BY $ 181.74)

do everything we can to see to it that the

rights of all students are protected and that (1 separate schools have been maintained

our desegregation plan is carried out for other than Negro and white students,

successfully. text is to be adjusted accordingly)

Sincerely yours, (School system name and office address)

Superintendent. Enclosure.

(Date sent) DEAR PARENT: Our community has adopted *Insert in text a date at least 7 days after a school desegregation plan. In the coming letter is sent to parent.

the sections which follow which are applicable to your transfer. I student is 15 or over, or is entering the ninth or higher grade, either he or his parent may sign this application. This form may be either mailed or brought to any school or to the Superintendent's office at the above address. 1. Name

age 2. Student is assigned to school for next year in the ------- grade

3. Student wishes instead to be assigned to the

school for next year (if known).

4. This form is signed by: Parent C Student o Other adult acting as parent o

A. Transfer for a course of study: 1. Course of study wanted 2. Is course offered at school to which you

assigned next year? Yes D No C 3. Name of school where course is offered (if known)

are

ATTACHMENT 10_TEXT FOR LETTER TO PARENTS

OF STUDENTS IN GRADES NOT YET REACHED

BY PLAN (REQUIRED BY § 181.74) (If separate schools have been maintained

for other than Negro and white students, text is to be adjusted accordingly)

(School system name and office address)

B. Transfer to attend school with relative living in your household:

1. Name of relative

2. Relationship to student requesting transfer

(Brother, sister, other) 3. Does relative live in same household as you? Yes 0

No O 4. School to which relative is assigned

(Date sent) DEAR PARENT: Our community has adopted a school desegregation plan. In the coming school year we will no longer have separate schools for children of different races who will be in grades

All students in those grades will be assigned to schools on the basis of nonracial attendance zones. The details of these assignments are described in the enclosed notice. The following year all grades in our school system will be desegregated. Even though grades

are not desegregated this year, students who will be entering these grades may transfer to, or enter, any school in the system, if they meet any of the requirements described in the last paragraph of the enclosed notice.

Also enclosed with this letter is a form which you may use if you or your child want to transfer to another school under any of the conditions described in the notice.

The notice also gives details about how teachers, school buses, sports, and other activities are being desegregated.

Sincerely yours,

Superintendent. ATTACHMENT 11—TEXT OF TRANSFER APPLICA

TION FORM (REQUIRED BY $ 181.74)

C. Transfer for students required to attend school outside this system because of race, color, or national origin.

1. Name of school district where you are assigned

2. Name of school which you would attend except for race, color, or national origin (if known) D. Transfer for other reason:

1. School to which you are eligible to transfer

2. Transfer requirement, apart from race, color, or national origin, which you meet

(School system name and office address)

(Date sent)

Signature
Address

TRANSFER APPLICATION
This form is provided for students in
grades

to request transfer to another school. The circumstances under which students in these grades may transfer are described in the last paragraph of the notice which has been sent to every parent. Copies of the notice are freely available from school offices. To apply for a transfer, answer the first four questions and complete

Date

This section must be filled in by the Su. perintendent's office, not by person signing. Transfer request granted? Yes o No 0 If not, explain:

CHAPTER 11-SOCIAL AND REHABILITATION SERVICE (ASSISTANCE PROGRAMS), DEPARTMENT

OF HEALTH, EDUCATION, AND WELFARE

Part 201 202 211

Assistance to States.
Medical assistance to State residents.
Care and treatment of mentally ill nationals of the United States, returned

from foreign countries.
Assistance for United States citizens returned from foreign countries.

212

PART 201-ASSISTANCE TO STATES Sec. 201.1 General definitions. Subpart A-Approval of State Plans for Public

Assistance and Certification of Grants 201.2 General. 201.3 Approval of State plans and amend

ments. 201.4 Grants. 201.5 Withholding certification; reduction

of Federal financial participation in the costs of social services and training.

Subpart B-Review and Audits 201.6 Continuing review of State and local

administration. 201.7 Personnel merit system review. 201.8 Public assistance fiscal audits.

AUTHORITY: The provisions of this part 201 issued under sec. 1102, 49 Stat. 647, titles I, IV, X, XI, XIV, and XVI of the Social Security Act; 42 U.S.C. 301-306, 601-609, 12011206, 1801-1315, 1851-1865, 1381-1385.

SOURCE: The provisions of this part 201 appear at 29 F.R. 19250, Dec. 31, 1964, unless otherwise noted. 8 201.1 General definitions. When used in this part:

(a) "Act" means the Social Security Act, as amended, and titles referred to are the titles of that Act;

(b) The term “Department” means the Department of Health, Education, and Welfare;

(c) The term “Commissioner" means the Commissioner of Welfare;

(d) The term "Welfare Administration" means the Welfare Administration in the Department;

(e) The term “Bureau" means the Bureau of Family Services of the Welfare Administration;

(f) The term “State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam;

(g) The term “State agency" means the State public assistance agency administering, or supervising the administration of, the public assistance plan under title I, IV, X, XIV, or XVI;

(h) The term “regional office" and “central office" refer to regional offices of the Department and the central office of the Bureau, respectively. Subpart A-Approval of State Plans

for Public Assistance and Certifica.

tion of Grants 8 201.2 General.

The State plan is a comprehensive statement prepared by the State agency describing all pertinent aspects of its operations necessary for the Welfare Administration to reach a determination as to conformity with the specific requirements stipulated in the pertinent titles of the Act. The State plan sets forth

1 132 F.R. 20811, Dec. 27, 1967)

the basic State laws enabling and limit responsible for review of State plans and ing the administration of public assist amendments. They also initiate discusance; a description of the agency's or sion with the State agency on clarificaganization and functions; its methods of tion of significant aspects of the plan administration, including the rules and which come to their attention in the regulations governing personnel admin course of this review. State plan mateistration; policies and interpretations rial on which the regional staff has queswith regard to eligibility for and extent tions concerning the application of Fedof assistance; a description of its plan for eral policy is referred with recommensocial services and for training of public dations as required to the central office assistance personnel; fiscal operations; for decision. Comments and suggesand reporting and research activities. tions, including those of consultants in Pertinent Federal policies are set forth in specified areas of public assistance adthe Handbook of Public Assistance Ad ministration, may be prepared by the ministration, which also contains de central office for use by the regional reptailed instructions and suggestions for resentatives in negotiations with the the content and submittal of the docu State agency. ments comprising the State public assist (c) Approval. The Bureau has been ance plan. Copies of the Handbook are delegated authority to take action on furnished to each State agency.

amendments to State plans on the basis & 201.3 Approval of State plans and

of policy statements or precedents preamendments.

viously approved by the Commissioner;

the Commissioner has final authority for The State plan consists of written

approval of new or substantially rewritdocuments furnished by the State to

ten plans, or amendments to plans that cover each of its programs under the

are not within established policy. The Act: old-age assistance and medical as

Commissioner also has final authority sistance for the aged (title I); aid and

for determining that proposed plan maservices to needy families with children

terial is not approvable, or that a pre(title IV); aid to the blind (title X); aid

viously approved plan no longer meets to the permanently and totally disabled

the requirements for approval. The (title XIV); or aid to the aged, blind, or Bureau formally notifies the State disabled and medical assistance for the

agency of the action taken on State aged (title XVI). The State may submit

plans or revisions, or the need for clarithe common material on more than one

fying information. program as an integrated plan. How

(d) Basis for approval. Determinsever, it must identify the provisions

tions as to whether State plans (includpertinent to each title since a separate ing plan amendments and administraplan must be approved under each public

tive practice under the plans) orginally assistance title. A plan submitted under meet, or continue to meet, the requiretitle XVI encompasses, under a single

ments for approval are based on relevant plan, the groups otherwise included in

Federal statutes and regulations and the the three separate plans under titles I,

requirements and policies set forth in X, and XIV. After approval of the orig the Handbook of Public Assistance Adinal plan by the Commissioner, all rele ministration and other oficial issuances vant changes, such as new statutes, rules, to the States. regulations, interpretations, and court decisions, are required to be submitted

8 201.4 Grants. currently so that the Commissioner may To States with approved plans, grants determine whether the plan continues are made each quarter for assistance and to meet Federal requirements and administration. The determination as policies.

to the amount of a grant to be made (a) Submittal. State public assist

to a State is based upon three documents ance plans and revisions of the plans are

submitted by the State agency containsubmitted to the central office through

ing information required under the Act

and such other pertinent facts as may the regional offices. The States are en

be found necessary. couraged to obtain consultation of the

(a) Form and manner of submittalregional staff when a plan is in process

(1) Time and place. The estimates for of preparation or revision.

public assistance grants for each quar(b) Review. The family service rep terly period are forwarded to the reresentatives in the regional offices are gional office 45 days prior to the period

[ocr errors]

of the estimate, together with a certification of State funds available and & justification statement in support of the estimates. The statement of quarterly expenditures and any necessary supporting schedules are forwarded to the Department of Health, Education, and Welfare, Bureau of Family Services, Attention: State Grants Branch, Washington, D.C. 20201, not later than 30 days after the end of the quarter.

(2) Description of forms. (1) “Report of Estimated Expenditures and Funds to

vailable" represents the State agency's estimate of the total amount of expenditures for assistance and for administration to be made during the quarter for each of the public assistance programs under the Act. The forms also contain the State agency's estimates of the number of recipients to receive aid during each month of the quarter and of the amount of money payments to recipients and of the amount of payments to vendors for medical or remedial care in behalf of recipients. From these estimates the State and Federal shares of the total expenditures are computed and reported on the form. The State's computed share of the total estimated expenditures is the amount of State and local funds necessary for the quarter. The Federal share is the basis for the funds to be advanced for the quarter.

(ii) In addition, the State agency must certify as to the amount of State funds (exclusive of any balance of advances received from the Federal Government) actually on hand and available for expenditure; this certification must be signed by the executive officer of the State agency submitting the estimate material, or a person officially designated by him, or by a fiscal officer of the State if required by State law or regulation. ("Certificate of Availability of State funds for Assistance and for Administration during Quarter" is available for submitting the information but is not required to be used.) If the amount of State funds, or State and local funds if localities participate in the program, shown as available for expenditures, is not sufficient to cover the state's proportionate share of the amount estimated to be expended, the certification should contain a statement showing the source from which the amount of the deficiency Is expected to be derived and the time when this amount is expected to be made available.

(111) The third document submitted by the State agency is the quarterly statement of expenditures for each of the public assistance programs under the Act. This is an accounting statement of the disposition of the Federal funds granted for past periods and provides the basis for making the adjustments necessary when the State's estimate for any prior quarter was greater or less than the amount the State actually expended in that quarter. The statement of expenditure also shows the share of the Federal Government in any recovery of assistance from recipients and also in expenditures not properly subject to Federal financial participation which are acknowledged by the State agency or have been revealed in the course of the fiscal audit.

(b) Review. The State's estimates are analyzed by the regional office staff and are forwarded with recommendations as required to the central office. The central office reviews the State's estimate, other relevant information, and any adjustments to be made for prior periods, and computes the grant.

(c) Estimate of amount due and certification. After consideration and approval of the grant request for the quarter by the Commissioner, the amount to be paid to the State is certified (by delegation to certifying officer in the Bureau) to the Secretary of the Treasury for payment for each month of the quarter. 8 201.5 Withholding certification; re

duction of Federal financial participation in the costs of social services

and training. (a) When withheld. Certification of grants to a State is withheld if the Commissioner, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of an approved plan, finds:

(1) That the plan has been so changed that it no longer complies with the provisions of section 2, 402, 1002, 1402, or 1602 of the Act; or

(2) That in the administration of the plan there is failure to comply substantially with any such provision.

(b) When Federal financial participation is reduced. Federal financial participation in the costs of social services and training approved at the rate of 75 per centum is reduced to 50 per centum if the Commissioner, after rea

« PreviousContinue »